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Last modified
1/26/2010 12:30:58 PM
Creation date
10/11/2006 10:24:23 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8407.400
Description
Platte River Basin - River Basin General Publications - Nebraska
State
NE
Basin
South Platte
Water Division
1
Date
3/1/1983
Author
Nebraska Natural Res
Title
Policy Issue Study on Selected Water Rights Issues - Riparian Rights
Water Supply Pro - Doc Type
Report/Study
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<br />STUDY #3 <br />GROUNDWATER RESERVOIR <br />MANAGEMENT <br /> <br />The only apparent relationship between this <br />study and the Groundwater Reservoir Manage- <br />ment Study relates to the question of whether <br />natural or induced groundwater recharge from <br />streamflow should be recognized as a valid ripar- <br />ian claim. An affirmative decision would provide <br />protection to groundwater reservoirs dependent <br />upon such recharge. <br /> <br />STUDY #4 <br />WATER USE EFFICIENCY <br /> <br />The relationship between this study and the <br />Water Use Efficiency Study is not significant. <br />None of the alternatives in this report address <br />water use efficiency directly and efficiency in use <br />would probably not be a criterion for whether or <br />not a particular riparian right ought to be in- <br />tegrated into the appropriations system. <br /> <br />STUDY #5 <br />SELECTED WATER RIGHT ISSUES <br /> <br />Drainage of Diffused Surface Water. No signifi- <br />cant relationships with this study have been <br />identified. <br />Preferences in the Use of Water. This study and <br />the study on Preferences in the Use of Water are <br />related in at least two ways. First, two of the <br />alternatives in this study (2d and 3d) would <br />restrict registration and/or adjudication of <br />riparian rights to uses listed within the prefer- <br />ences system. Preferences therefore become <br />critical to whether or not particular uses will be <br />recognized in any action modifying the nature of <br />riparian rights. <br />The second way in which the preferences <br />report and this report are related is in regard to <br />administration of riparian rights once they have <br />been integrated into the appropriative system. It <br />is generally believed that riparian rights neither <br />benefit from nor are subject to preferences. At <br />least one Nebraska case would indicate that an <br />exception to this rule may be made for domestic <br />uses (Brummond v. Vogel, 184 Neb. 415, 168 <br />N.W.2d 24 (1969)). At any rate, once integrated <br />into the appropriative rights system, a previous <br />riparian right would be able to exercise a prefer- <br />ence against inferior uses and would also be <br />sUbject to exercise of a preference by superior <br />uses. <br />Water Rights Adjudication. This study is closely <br />related to both Parts I and II of the Water Rights <br />AdjUdication Study. Part I of the report for that <br /> <br />5-2 <br /> <br />study deals with the cancellation of water rights <br />for non-use. Riparian rights are not subject to <br />forfeiture for lack of use and can lie dormant for <br />many years. If integrated into the appropriative <br />system (Alternative #3), riparian rights would <br />thereafter be subject to cancellation the same as <br />any other unused appropriative right. <br />Alternative #3 of this report calls forthe adjudi- <br />cation of riparian rights claims. Part II of the Water <br />Rights Adjudication Report deals speCifically <br />with adjudication of previously unquantified <br />rights like riparian rights, federal reserved rights <br />and Indian water rights. If Alternative #3 in this <br />report were implemented, adjudication of all <br />riparian claims would be required and new pro- <br />cedures might need to be established for this <br />pu rpose. <br />Property Rights in Groundwater. No significant <br />relationships with this study have been identi- <br />fied. <br />Interstate Water Uses and Conflicts. Alterna- <br />tive #3 and particularly Alternative #4 would <br />result in an increase in the numberof established <br />claims to water in Nebraska. Even if this increase <br />did not result in an increase in the actual amount <br />of water used, the recognition of these additional <br />claims could enhance Nebraska's rights to allo- <br />cation of interstate waters. <br />Transferability of Water Rights. Implementa- <br />tion of Alternative #3 would increase the number <br />of appropriations in the State of Nebraska. If <br />surface water rights were also made transfer- <br />able, as will be addressed by the study on that <br />subject, more water rights would be available for <br />transfer to other locations or other uses. It would <br />also be true, however, that a greater number of <br />water rights would have to be taken into account <br />when a proposed transfer was being considered <br />for approval. <br />Beneficial Use. While these two studies do not <br />appear to be directly related to each other, they <br />do address many of the same issues. For <br />example, both require a decision on what types of <br />uses constitute beneficial uses of water. Both <br />also address a question of actual use of water <br />and its effect on the validity of any claims to that <br />use. <br /> <br />STUDY #6 <br />MUNICIPAL WATER NEEDS <br /> <br />There is a limited relationship between this <br />study and the one on Municipal Water Needs. <br />Depending upon which of the subalternatives <br />would be selected, Alternative #3 could increase <br />the demand on surface water supplies, and con- <br />sequently reduce the amount of recharge to <br />municipal well fields relying on instream flows. <br />However, muniCipal water supplies could benefit <br />
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