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<br />0) / ^ \ [D) n ')"1 " ' 3 <br />rublic Lt%dviSory L0~ard t, \ ,. OJ It <br />State Water Planning and Review Process <br /> <br />, <br />, " <br />I <br /> <br />NEBRASKA NATURAL RESOURCES COMMISSION' 301 CENTENNIAL MALL SOUTH. P.o. BOX Male. . UMCOI.H, NEBRASKA 6151>> <br /> <br />MUNICIP,\L <br />Rlcbard H.... <br />Om.II. <br /> <br />DOMESTIC <br />A.lfNd GI....d <br />NlIbrub Ctty <br />GROUND WATER IRRlGAnON <br />Roberl Lowry <br />c.u. <br />~ACEWA~lmuGAnON <br />Don 51_n . a..~1lI <br />MontO <br />UVESTOCK PRODUCTION <br />.lack M.dd.... <br />WaQnet8 <br /> <br />ENVIRONMENTAL <br />CYvton LuJr.ow <br />H....... <br />INDU51"R1AL a COMMERCIAL <br />Vanu Andenon <br />Ila_ <br />WlLDUfE. FISH. RECREAnON <br />Rlc.bud N....., <br />Roc. <br />ht CONGRESSION'Al. DISTRICT <br />Elmer Scb1aphoH <br />W...... <br />2M CONGRESSIONAL DISTRICT <br />WIUllim Emrtch <br />........ <br />Srd CONGRESSIOf\lAL DISTRICT <br />....- <br />N_ <br /> <br />" <br /> <br />The Honorable Charles Thone, Governor <br />State of Nebraska <br />State Capitol <br />Lincoln, Nebraska 68509 <br /> <br /> <br />Members of the Eighty-Seventh Nebraska Legislature <br />Second Session <br />State Capitol <br />Lincoln, Nebraska 68509 <br /> <br />Dear Governor Thone and Members of the Legislature: <br /> <br />In accordance with its statutory responsibility under <br />Section 2-3287 R.S. Supp.,- 1982 the Public Advisory Board <br />has reviewed the report of the Natural Resources Commission <br />entitled "Property Rights in Groundwater" and the Commission's <br />recommendations on the alternatives contained in that report. <br />The following comments and recommendations are offered ror <br />your consideration. <br /> <br />The Public Advisory Board agrees with the Commi~sion that <br />a radical change in the groundwater property rights rules for <br />the state is not desirable. We therefore reject, as did the <br />Commission. those alternatives (#2 through #12) which would <br />significantly alter those rules. However, we do not agree <br />with the Commission on its choice between the two remaining <br />alternatives: Alternative #1 (Make no change in present <br />policy) and Alternative #13 (Codify the rules deriyed from <br />Nebraska cases, as near as they can be determined, as the <br />definition of groundwater property rights in Nebraska). As <br />the Commission's report points out, both those alternatives <br />are designed to generally maintain the present course of <br />direction. The differences between them are in degrees of <br />detail and specificity. The Public Advisory Board does not <br />share the Commission's concerns that Alternative #13 would <br />create an undesirable degree of rigidity in groundwater <br />property rights law. l'bile some flexibility ror ruture <br />actions may be lost by enacting Alternative #13, we believe <br />that loss would be more than ofrset by the greater certainty <br />of right granted groundwater users. This greater certainty <br />would reduce the present confusion and misunderstanding about <br />groundwater property rights. We therefore favor the enact- <br />ment or Alternative #13 and urge rejection of Alternative #1. <br /> <br />I <br />I <br />, I <br /> <br />I <br />-, <br /> <br />II <br /> <br />I <br />j <br />