Neb. Admin. Code tit. 457 — Rules for Surface Water

Chapter 1 Definitions

Neb. Admin. Code tit. 457, ch. 1 Definitions {#sec-457-nac-1 omnilex-key=us-ne-regs-official--title-457--457 NAC 1}

001. APPROPRIATION . A permit to use surface water that has been perfected in accordance with terms stipulated by the Department.

002. CHIEF WATER OFFICER . The Chief Water Officer of the Department.

003. CLIMATIC CONDITIONS . For purposes of Neb. Rev. Stat. § 46-229.04(4)(b), climatic conditions means that timely rainfall was received in such quantities that crop yields were similar to those that could be achieved with irrigation.

004. DEPARTMENT. The Nebraska Department of Water, Energy, and Environment.

005. GOOD HUSBANDRY. For purposes of Neb. Rev. Stat. § 46-229.04(4)(c), good husbandry means the actual application of water to lands under an Appropriation for the successful production of crops.

006. PERFECTED APPROPRIATION . Approval of a surface water application merely authorizes the applicant to perfect an Appropriation. An Appropriation is perfected by fulfilling the terms of the permit as set forth in the order of approval. Terms of the permit may include construction, beneficial use of water, and filing a map or plan.

007. PERSON . An individual, partnership, limited liability company, corporation, association, district, municipality; agency or political subdivision of the state; department, agency, or bureau of the federal government; and any other legal entity.

008. POINT OF DIVERSION . The location where water is diverted from a stream, reservoir, or lake under the terms of an Appropriation.

History

• Effective 2026-06-28

Chapter 2 Applications for New Water Appropriations

Neb. Admin. Code tit. 457, ch. 2 Applications for New Water Appropriations {#sec-457-nac-2 omnilex-key=us-ne-regs-official--title-457--457 NAC 2}

001. REQUIREMENTS . Separate applications for new Appropriations must be filed:

001.01 For impoundment of water (storage), use of impounded water (storage use), use of natural flow from streams (direct flow), intentional underground water storage and recovery , instream flow , power , and induced ground water recharge .

001.02 For each purpose of use (i.e. irrigation, fish culture, cooling, manufacturing, domestic). Storage can have multiple purposes and only requires one application;

001.03 When there are different sources of water;

001.04 For each landowner that has not formed any legal association that meets the definition of Person in Chapter 1;

001.05 For each point of diversion, unless the diversion is made by a moveable pump and there are no intervening diversions owned by other parties or new sources of water; and

001.06 For each storage facility except for fish rearing impoundments operated as one facility with one point of diversion.

History

• Effective 2026-06-28

Chapter 3 Relinquishment's

Neb. Admin. Code tit. 457, ch. 3 Relinquishment's {#sec-457-nac-3 omnilex-key=us-ne-regs-official--title-457--457 NAC 3}

1. RELINQUISHMENT. An owner of an Appropriation may voluntarily relinquish in whole or in part their rights under an Appropriation.

2. FORM. Relinquishments must be submitted to the Chief Water Officer on a form provided by the Department. The relinquishment form must be signed by the owner(s) of the Appropriation.

3. AERIAL PHOTOGRAPH. Partial relinquishments must include an aerial photograph that is clearly marked to show the location of the appurtenant lands for which the Appropriation is being relinquished.

4. REVIEW. The Chief Water Officer will review the relinquishment form submitted and will inform the person filing the relinquishment in writing of any corrections or additions required. The Chief Water Officer will allow 90 days for filing a corrected form. If no such form is filed, the Chief Water Officer will issue an order dismissing the relinquishment.

5. ORDER. If the relinquishment is approved, the Chief Water Officer will issue an order cancelling all or a portion of the Appropriation.

History

• Effective 2026-06-28

Chapter 4 Change of Ownership of Appropriation

Neb. Admin. Code tit. 457, ch. 4 Change of Ownership of Appropriation {#sec-457-nac-4 omnilex-key=us-ne-regs-official--title-457--457 NAC 4}

001. APPROPRIATION OWNERSHIP. Appropriations are appurtenant to the land in which surface water is applied in accordance with the terms of the Appropriation. Therefore, ownership of the Appropriation must be in the name of the landowner as shown on the deed to the property with the following exceptions:

001.01(A). Appropriations may be held in the name of an irrigation district, reclamation district, public power and irrigation district, mutual irrigation or canal company, the United States Bureau of Reclamation, public water suppliers, or natural resources districts or any other legal entity that has specific statutory authority to hold Appropriations attached to lands owned by individual landowners. If the entity is dissolved or otherwise ceases to hold the Appropriation, it will automatically transfer to the landowner unless a valid assignment is on file with the Department as described in Rule 002.01(D) of this Chapter.

001.01(B). Appropriations may be held in the name of persons holding easements or other property interests to land that allow ownership of an Appropriation appurtenant to lands not owned by them.

001.01(C). Storage use Appropriations must be in the name of the appropriator of record for the permit to impound unless the Chief Water Officer has issued an Appropriation for storage use under the provisions of Neb. Rev. Stat. § 46-242(3).

002. CHANGE OF OWNERSHIP. The owner of land under an Appropriation must notify the Department of any change in ownership of the land within 60 days after the transfer of ownership as per Neb. Rev. Stat. § 76-2,124. Failure to comply with this requirement can subject the Appropriation to closure pursuant to Neb. Rev. Stat. § 61-206(1).

002.01. REQUIREMENTS.

002.01(A). Notification of Change of Ownership must be on a form provided by the Department. The form must be accompanied by a copy of a deed or other documentation that demonstrates the transfer of ownership of the land.

002.01(B). For dams and reservoirs with Appropriations:

002.01(B)(i). A copy of the deed or other document transferring ownership of the land where the dam and reservoir are located must be submitted with the form.

002.01(B)(ii). If the new owner of the dam is not the owner of the land where the dam and reservoir are located, a copy of the agreement, lease, memorandum of agreement, deed, or other document transferring ownership of the dam must be submitted with the form.

002.01(B)(iii). If the dam and reservoir are located on a tract not under one contiguous ownership, or if there are holders of easements on the land where the dam and reservoir are located, the owner(s) of the dam must submit with the change of ownership form, information on (1) who is responsible for the operation of the dam and reservoir, including any releases from the reservoir; (2) who is responsible for maintenance of the structure; and (3) what amount of the Appropriation to impound is to be appurtenant to each owner’s property and what is the basis for the distribution, if applicable. Such information is not required when the deed or document transferring ownership or an easement describes such information and such document is submitted with the form.

002.01(C). For a storage use Appropriation, if the lands under such Appropriation are owned by someone other than the owner of the reservoir which is the source of water, the form may include an agreement with the owner of the reservoir to provide water to the lands under the terms of the storage use Appropriation.

002.01(D). When an Appropriation held in the name of an irrigation district, reclamation district, public power and irrigation district, mutual irrigation or canal company, natural resources district, United States Bureau of Reclamation, or public water supplier is proposed to be held in the name of another entity, the two public entities involved must file a written assignment of Appropriation describing the Appropriation(s) that are being assigned to the new appropriator.

002.01(E). When an Appropriation is being split between owners, the form must identify the point(s) of diversion that they each will use. For any points of diversion that are not located on the lands owned by the Appropriation owner, sufficient documentation must be provided to show access to the land for purposes of diverting water under the Appropriation.

002.01(F). Persons entering into an agreement to purchase lands appurtenant to an Appropriation must file a copy of the agreement to ensure both parties will receive correspondence or notification of actions involving the Appropriation.

002.01(G). Pursuant to Neb. Rev. Stat. §§ 61-206(1) and 46-261(5), failure to file a notification of a change in ownership form may result in: (1) an investigation of the validity of an Appropriation and/or (2) an order to discontinue diversion under the Appropriation until the form has been filed.

003. POINT OF CONTACT.

003.01. An owner of an Appropriation may designate another person, such as a tenant, operator, or manager, to be the point of contact for the Appropriation. In addition to the owner of the Appropriation, the point of contact will receive notices and correspondence regarding the Appropriation.

003.02. REQUIREMENTS FOR NOTIFICATION OF A POINT OF CONTACT.

003.02(A). Notification of a point of contact must be made by the owner of the Appropriation on a form provided by the Department.

003.02(B). To remove a point of contact, the owner of an Appropriation must complete a notification of point of contact form indicating the removal of a previously designated point of contact.

003.02(C). The Department will also add or remove points of contact based upon information gathered by Department field staff during water administration. Such changes will be documented in the Department’s records and confirmed with the Appropriation owner.

004. CONTACT INFORMATION. For purposes of Neb. Rev. Stat. § 46-230(2), whenever requested by the Chief Water Officer, the owner of the Appropriation shall provide the Chief Water Officer with the name, address (which may include email address), and telephone number of each then-current owner of the Appropriation and with the name, address (which may include email address), and telephone number of any point of contact who is authorized by the owner to receive opening and closing notices and other departmental communications relating to the Appropriation. Each Appropriation owner shall also notify the Chief Water Officer any time there is a change in any such names, addresses (including email addresses), or telephone numbers. Failure to provide updated contact information regarding the Appropriation may result in closure of the Appropriation.

History

• Effective 2026-06-28

Chapter 6 Changing Point of Diversion

Neb. Admin. Code tit. 457, ch. 6 Changing Point of Diversion {#sec-457-nac-6 omnilex-key=us-ne-regs-official--title-457--457 NAC 6}

RULES FOR SURFACE WATER

001 PETITION . A petition shall be filed to change the point of diversion on a stream when the new point of diversion will be located within a different 40-acre government subdivision on the same stream. The petition shall be made on a form provided by the Department. A separate petition must be filed for each Appropriation and for each proposed diversion. A petition that is incomplete or incorrect shall be returned to the petitioner for correction. Failure to return the corrected petition within 90 days shall cause the petition to be dismissed. If the change in the point of diversion is from one source to another source, an application for a permit to transfer the use of water shall be filed.

002 REQUIREMENTS . The requested change shall not adversely affect another Appropriation. A map is required. Failure to file a required map within the time limit specified will cause dismissal of the petition.

003 NOTICE . If the Chief Water Officer finds that the requested change may affect another Appropriation, the Chief Water Officer shall publish notice of such petition at least once a week for three consecutive weeks in a newspaper of general circulation in the area of the stream segment and also in a newspaper of statewide circulation. As a minimum standard, the notice shall include the name of the petitioner, a description of the Appropriation, a description of the location of the original point of diversion, and a description of the location of the proposed point of diversion. The notice shall state that any person may file a written request for hearing (or if the Chief Water Officer is holding a hearing on his own motion, may file a written request to be made a party to the hearing) within two weeks from the date of final publication of the notice.

History

• Effective 2026-06-28

Chapter 7 Theoretical Horsepower

Neb. Admin. Code tit. 457, ch. 7 Theoretical Horsepower {#sec-457-nac-7 omnilex-key=us-ne-regs-official--title-457--457 NAC 7}

001 FEES . For power lease fee purposes, horsepower shall be computed by multiplying the maximum amount of water sought in the application, expressed in cubic feet per second, by the total head expressed in feet, and dividing the product by eight and eight tenths (8.8).

History

• Effective 2026-06-28

Chapter 9 Transfers and Changes

Neb. Admin. Code tit. 457, ch. 9 Transfers and Changes {#sec-457-nac-9 omnilex-key=us-ne-regs-official--title-457--457 NAC 9}

001 EXPEDITED TRANSFERS IN LOCATION OF USE

001.01 Expedited transfer process may only be used when:

001.01A All the land involved in the transfer is under the same ownership or is within the same irrigation district, reclamation district, public power and irrigation district, or mutual irrigation or canal company.

001.01B The Appropriation is used and will continue to be used exclusively for irrigation purposes,

001.01 The only lands involved in the proposed transfer are:

001.01(C)(i) Lands within the quarter section of land to which the Appropriation is appurtenant,

001.01(C)(ii) Lands within such quarter section of land and one or more quarter sections of land each of which is contiguous to the quarter section of land to which the Appropriation is appurtenant (for purposes of this subsection, contiguous shall mean any quarter section adjacent to, including those quarter sections which share corners with, the original quarter section(s) to which the Appropriation is appurtenant), or

001.01(C)(iii) Lands within the boundaries or service area of and capable of service by the same irrigation district, reclamation district, public power and irrigation district, or mutual irrigation or canal company

001.01D After the transfer, the total number of acres irrigated under the Appropriation will be no greater than the number of acres that could legally be irrigated under the Appropriation prior to the transfer. There may be less acres irrigated after the transfer if:

001.01D(i) All of the current Appropriation is going to transferred to fewer acres and all Appropriations that exist at the new place of use after the proposed transfer do not exceed one-seventieth (1/70) of a cubic foot per second per acre. In such situations the Department will also reduce the maximum annual amount allowed under the Appropriations pertaining to the proposed tract such that they do not exceed three-acre feet per acre per annum or the amount allowed under the Appropriation, whichever is less.

001.01D(ii) The applicant relinquishes any remaining rights.

001.01E If a change of diversion is requested, it must meet the criteria specified in Neb. Rev. Stat. § 46-291(1)(e).

001.01F The transfer will not diminish the water supply available for or otherwise adversely affect any other water appropriator. Section 001.03 herein describes the criteria that must be met in order for the Chief Water Officer to make this determination.

001.01G Any associated incidental underground water storage is to be transferred and the transfer is within the boundaries of the incidental underground water storage Appropriation, or the Chief Water Officer has sufficient documentation to conclude that incidental underground storage can and will occur at the new location of use.

If applications are not found to meet the above criteria, they will be processed under the non-expedited process described in Neb. Rev. Stat. § 46-291 and Section 002 of this chapter.

001.02 Expedited Transfer Applications

001.02A Applications shall include the information described in Neb. Rev. Stat. § 46-290(1)(b) and all items requested on the application form provided by the Department.

001.02B Separate applications must be filed:

001.02B(i) For each Appropriation to be modified, and

001.02B(ii) For each appropriator.

001.02C Applicant must be the appropriator of record.

001.02D Temporary Applications. A temporary transfer application should be filed if the duration of the use will be no less than one year and no more than thirty years. Temporary transfers shall expire on September 30 of the last year of the proposed temporary transfer. If during the term of the temporary transfer the appropriator wishes the Appropriation to revert back to the original place of use, a new transfer application shall be filed by the owner of the Approriation.

001.03 A transfer in location of use for an irrigationAppropriation will not diminish the supply available for or otherwise adversely affect any other water appropriator, and may be processed as an expedited transfer if all of the criteria as set forth in Neb. Rev. Stat. § 46-291 are met.

001.04 Review. An application that is incomplete or incorrect shall be returned to the applicant for correction. The corrected application must be refiled in the Department within 90 days of the date it is returned to the applicant. Failure to return the corrected application within 90 days shall cause the application for expedited transfer to be dismissed.

001.05 Decision.

001.05A If the application is determined not to meet the requirements herein, the Chief Water Officer will notify the applicant of his or her determination. The applicant will be given 90 days to:

001.05A(i) Submit additional information to satisfy the requirements of the expedited process, or

001.05A(ii) Supply the additional information needed to meet the requirements of the non-expedited transfer process, and request that the application be considered under the non expedited process.

001.05B The Chief Water Officer shall issue an order denying or approving the application. If the application is approved, a final project map, drawn in accordance with Title 457 shall be filed within six months of the date of the order of approval.

002 NON EXPEDITED CHANGES

002.01 Applications.

002.01(A) Applications shall include the information described in Neb. Rev. Stat. § 46-290(1)(b) and all items requested on the application form provided by the Department.

002.01(B) Separate applications must be filed:

002.01(B)(i) For each Appropriation to be modified, and

002.01(B)(ii) For each appropriator.

002.01(C) Applicant must be the appropriator of record.

002.01(D) Temporary Applications. A temporary transfer application should be filed if the duration of the use will be no less than one year and no more than thirty years. Temporary transfers shall expire on September 30 of the last year of the proposed temporary transfer. If during the term of the temporary transfer the appropriator wishes the Appropriation to revert back to the original place of use, a new transfer application shall be filed by the owner of the Appropriation.

002.02 For purposes of Neb. Rev. Stat. § 46-290(5), beneficial use for instream uses shall include water quality maintenance, and water necessary for compliance with compacts, decrees, or other state contracts.

002.03 To make a public interest determination as required in Neb. Rev. Stat. § 46-294(1)(l) the Chief Water Officer shall determine whether the benefits of the proposed transfer outweigh any adverse impacts that might occur giving consideration to the economic, social, and environmental impacts and whether and under what conditions other sources of water are available for the uses to be made of the Appropriation after the proposed transfer or change.

History

• Effective 2026-06-28

Chapter 10 Project Maps for the Use of Water

Neb. Admin. Code tit. 457, ch. 10 Project Maps for the Use of Water {#sec-457-nac-10 omnilex-key=us-ne-regs-official--title-457--457 NAC 10}

1. PROJECT MAPS FOR NATURAL FLOW APPROPRIATIONS

001.01 PROJECT MAP REQUIRED. All new Appropriations require a project map, except for temporary Appropriations. Project maps are also required for all approved modifications to an existing Appropriation; for permits to drain, lower, reduce, or divert water of any natural or perennial lake; and for conduct water permits. If the project map is not filed with the application, the project map must be submitted within six months of the date of approval of the Appropriation. Appropriations may be cancelled for failure to file a project map.

001.01(A) Project maps must conform to the following standards:

001.01(A)(i) The map must be a true representation of the actual condition of the lands under the Appropriation and be prepared by a person competent in the preparation of maps.

001.01(A)(ii) A computer-generated map using a geographic information system (GIS) in the Nebraska State Plane projected coordinate system is preferred. A hand drawn map may be accepted if it is comparable to what could be created using computer mapping software. If the project map was produced using computer software, the computer files and the coordinate system information used to create the project map must also be provided to the Department, if requested.

001.01(A)(iii) The project map must include the following:

001.01(A)(iii)(1) Department approved aerial photography base data, including the year and source;

001.01(A)(iii)(2) Section, township, and range location information

001.01(A)(iii)(3) An orientation arrow;

001.01(A)(iii)(4) A scale. The map should be drawn at a large enough scale to be legible. If more than one page is necessary to maintain legibility, page numbers should be included; and

001.01(A)(iii)(5) A legend and/or clearly labeled map features.

001.01(A)(iv) The project map must accurately and clearly show the following features of the Appropriation project:

001.01(A)(iv)(1) The location of all points of diversion, dams, dikes, power plants, reservoirs, spills, returns, flumes, or other major structures relevant to the surface water source;

001.01(A)(iv)(2) The alignment of streams, canals, and/or supply pipelines. The name of the stream(s) must be labeled and an arrow used to show the direction of streamflow; and

001.01.(A)(iv)(3) If the Appropriation is for irrigation purposes, the area in each quarter-quarter section (40 acre government subdivision) intended to be irrigated must be shown by a crosshatch pattern. The actual number of acres proposed for irrigation must be indicated by a number in each quarter-quarter section.

001.02. The Department reserves the right to require a corrected project map to be filed if the map is of sub-standard accuracy or clarity, as determined by the Chief Water Officer. An applicant will have 90 days from the date of notification by the Chief Water Officer to re-file a map returned for correction.

002 PROJECT PLAN FOR STORAGE APPROPRIATIONS.

002.01 PROJECT PLAN REQUIRED. This section applies to storage Appropriations for surface water impoundments not subject to the Safety of Dams and Reservoirs Act, Neb. Rev. Stat. § 46-1601. Project plans must:

002.01(A) Be submitted within six months of the date of the order of approval of the application for a storage permit;

002.01(B) Be a true and accurate representation of actual conditions; and

002.01(C) Be prepared by a registered professional engineer, assisted by qualified engineering geologists, geotechnical engineers, geologists, and other specialists as necessary. Project plans must contain the following information:

002.01(C)(i) Topographic lines with 2-foot contour intervals, or less, within the reservoir area as determined by on-site or photogrammetric surveys;

002.01(C)(ii) A table showing the reservoir surface area and incremental and cumulative reservoir storage at 2-foot elevation intervals and at the crest elevation of the drawdown, the principal and auxiliary spillways, other outlets, and the top of the structure elevation;

002.01(C)(iii) A cross section showing the valley along the centerline of the dam showing the profile of the top of the dam and the original ground line;

002.01(C)(iv) A showing of the outside limits of the reservoir water line at maximum storage elevation and at normal storage elevation, the structure location, the government subdivisions in which the structure and reservoir are located including the quarter section, section, township, range and county; the location and name of any stream source and, if applicable, the location of any pump used to provide water to the reservoir;

002.01(C)(v) If there are multiple owners or easements appurtenant to the land where the impounding structure and reservoir are located, the location of such ownerships or easements must be delineated on the plan;

002.01(C)(vi) The source of the water and course of any supply canals or pipelines;

002.01(C)(vii) If the project includes a dam, a statement, certified by a registered professional engineer, as to whether it is subject to the Safety of Dams and Reservoirs Act;

002.01(C)(viii) Department approved aerial photography base data, including the year and source;

002.01(C)(ix) An orientation arrow;

002.01(C)(x) A scale. The map should be drawn at a large enough scale to be legible. If more than one page is necessary to maintain legibility, page numbers should be included; and

002.01(C)(xi) A legend and/or clearly labeled plan features.

002.01.(C)(xii) If project plan was created using computer software, the computer files and the coordinate system information used to create the project plan, must also be provided to the Department.

002.02 The Department reserves the right to require a corrected project plan to be filed if the plan is of sub-standard accuracy or clarity, as determined by the Chief Water Officer. An applicant has 90 days from the date of correspondence from the Department in which to re-file a project plan returned for correction by the Department.

3. WAIVER. The Chief Water Officer may waive any of the requirements of this chapter if he or she determines the requirements are unnecessary for the application approval.

History

• Effective 2026-06-28

Chapter 14 Claims

Neb. Admin. Code tit. 457, ch. 14 Claims {#sec-457-nac-14 omnilex-key=us-ne-regs-official--title-457--457 NAC 14}

001 FORM . Any person who has a claim on the right to the use of public waters of the State of Nebraska for beneficial purposes and bases the claim upon the law of 1877, the law of 1889, by actual and beneficial use prior to April 4, 1895, or by actual and beneficial use of the Missouri River prior to July 19, 1980, shall file a claim affidavit with the Department. The claim affidavit form shall be furnished by the Department (see Appendix N). The Chief Water Officer shall consider the claim and either grant the claim in writing or set a hearing on the matter.

History

• Effective 2026-06-28

Chapter 16 Incidental and Intentional Underground Water Storage

Neb. Admin. Code tit. 457, ch. 16 Incidental and Intentional Underground Water Storage {#sec-457-nac-16 omnilex-key=us-ne-regs-official--title-457--457 NAC 16}

001 CONFERENCE . The applicant shall attend a conference with Department staff prior to submitting an application. The purpose of the conference will be to discuss the scope of information required. Applications submitted by persons who have not complied with this requirement will not be filed and will be returned to the applicant.

002 APPLICATION . For incidental underground water storage, one application may request modification of multiple Appropriations associated with a specific project. All information shall be compiled and submitted to the Chief Water Officer in a format determined during the above mentioned conference. If a project map was produced using GIS, the computer files that were used in creating the project map must be provided to the Chief Water Officer. Information identifying the year and source of base data (aerial photography) that was used in creating the project map must also be submitted. A complete table of contents for the application shall be provided and shall consist of all items requested on the application form provided by the Department.

003 CORRECTION . If the application is incomplete, the Chief Water Officer shall list the deficiencies and specify a time limit for refiling the corrected application. Failure to refile the corrected application within the time limit shall cause the application to be dismissed.

004 NOTICE . Upon receiving a completed application the Chief Water Officer shall issue a notice of the application. As a minimum standard, the notice shall include the name of the applicant and the proposed area of recharge. The notice shall be published once a week for three consecutive weeks in a newspaper of general circulation in each county containing lands involved in the application, and a newspaper of general circulation in Nebraska. The notice shall state that any person may file a written request for a hearing (or, if the Chief Water Officer is holding a hearing on his or her own motion, may file a written request to be made a party to the hearing) within two weeks from the date of final publication of the notice.

History

• Effective 2026-06-28

Chapter 17 Authority to Levy Fees

Neb. Admin. Code tit. 457, ch. 17 Authority to Levy Fees {#sec-457-nac-17 omnilex-key=us-ne-regs-official--title-457--457 NAC 17}

001 APPLICATION . The Application shall be on a form provided by the Department. An application that is incomplete or incorrect shall be returned to the applicant for correction. Failure to return the corrected application within 90 days shall cause the application to be dismissed.

002 NOTICE . Upon receiving an application for authority to levy fees, the Chief Water Officer shall issue a notice of the application. The notice shall be published once a week for three consecutive weeks in a newspaper of general circulation in each county containing lands involved in the application, and a newspaper of general circulation in Nebraska. The notice shall state that any person may file a written request for hearing (or if the Chief Water Officer is holding a hearing on his or her own motion, may file a written request to be made a party to the hearing) within two weeks from the date of final publication of the notice.

History

• Effective 2026-06-28

Chapter 18 Instream Flows

Neb. Admin. Code tit. 457, ch. 18 Instream Flows {#sec-457-nac-18 omnilex-key=us-ne-regs-official--title-457--457 NAC 18}

001 APPLICATION . The application shall consist of all items requested on the application form provided by the Department. The applicant shall contact the Department prior to submitting the application to determine a format that is suitable to both parties. All information shall be compiled and submitted in the agreed upon format to the Department.

002 CORRECTION . An application that is incomplete or incorrect shall be returned to the applicant for correction. Failure to return the corrected application within the time specified shall cause the application to be dismissed.

003 NOTICE . Notice shall be issued as provided in Neb. Rev. Stat. § 46-2,114.

History

• Effective 2026-06-28

Chapter 21 Permit to Conduct Water in Stream Channels

Neb. Admin. Code tit. 457, ch. 21 Permit to Conduct Water in Stream Channels {#sec-457-nac-21 omnilex-key=us-ne-regs-official--title-457--457 NAC 21}

001 APPLICATIONS

001.01 Separate applications must be filed:

001.01A For each separate location where water is conducted into a stream;

001.01B For each separate location where water being conducted is diverted out of a stream;

001.01C For each separate stream reach where the purpose of conducting the water is for instream use; and

001.01D For each separate source of water to be conducted in the stream.

001.02 The application shall consist of all items requested on the application form provided by the Department.

002 CORRECTION . An application that is incomplete or incorrect shall be returned to the applicant for correction. Failure to return the corrected application within 90 days shall cause the application to be dismissed.

003 FINAL MAP . A final project map drawn according to Department Rules, Title 457 must be submitted within six months of any approval. Failure to file a final map will cause the original approval to be negated.

History

• Effective 2026-06-28

Chapter 22 Induced Ground Water Recharge

Neb. Admin. Code tit. 457, ch. 22 Induced Ground Water Recharge {#sec-457-nac-22 omnilex-key=us-ne-regs-official--title-457--457 NAC 22}

001 APPLICATION . The application shall consist of all items requested on the application form provided by the Department.

002 CORRECTION . Within 90 days of filing of the application, the Chief Water Officer shall accept the application as a completed application or return it as incomplete . If the application is incomplete, the Chief Water Officer shall list its deficiencies. Failure to refile a corrected application within 90 days shall cause the application to be dismissed.

003 NOTICE . Upon receiving a completed application the Chief Water Officer shall issue a notice of the application. As a minimum standard, the notice shall include the name of the applicant, the proposed area of induced ground water recharge, and the amount of water requested for use. The notice shall be published once a week for three consecutive weeks in a newspaper of general circulation in each county containing lands involved in the application, and in a newspaper of general circulation in Nebraska. The notice shall state that any person may file a written request for a hearing (or, if the Chief Water Officer is holding a hearing on his or her own motion, may file a written request to be made a party to the hearing) within two weeks from the date of final publication of the notice.

History

• Effective 2026-06-28

Chapter 23 Moratorium Area Variances for Surface Water Appropriations

Neb. Admin. Code tit. 457, ch. 23 Moratorium Area Variances for Surface Water Appropriations {#sec-457-nac-23 omnilex-key=us-ne-regs-official--title-457--457 NAC 23}

001 APPLICATION . Any person wanting to apply within a moratorium or stay area for: (1) a new surface water Appropriation; (2) a permit to pump water for irrigation from a ground water well located within fifty feet of the bank of a channel or any natural stream; or (3) a permit to drain, lower, reduce, or divert water of any natural or perennial lake must in addition to the application requirements as set forth in the these rules include a variance form.

The variance form shall include sufficient information to indicate:

001.01 The proposed project is for a non-consumptive use; or

001.02 The applicant has a credible proposal for replacing any consumptive use that will occur in a manner such that the project will not harm other users; or

001.03 The applicant has credible information that indicates there may be unappropriated water available at the proposed location at the time the depletion is likely to occur; or

001.04 The project existed prior to any informal moratorium, formal moratorium or stay.

001.05 There is a public safety issue that must be addressed and the proposed project addresses such issue.

001.06 The proposed use is a temporary use for public construction and the total volume requested is less than ten (10) acre-feet.

002 REVIEW . The Chief Water Officer shall review the application and variance form and shall make a determination as to whether there is good cause for the application to be granted. If the application is granted, the associated priority date will be the date the application and variance form were filed in the Department as per Neb. Rev. Stat. § 46-233(3).

History

• Effective 2026-06-28

Chapter 24 Determination of Fully Appropriated Basins, Sub-Basins or Reaches

Neb. Admin. Code tit. 457, ch. 24 Determination of Fully Appropriated Basins, Sub-Basins or Reaches {#sec-457-nac-24 omnilex-key=us-ne-regs-official--title-457--457 NAC 24}

001 FULLY APPROPRIATED .

001.01A Except as provided in 001.01C of this Chapter, for purposes of Neb. Rev. Stat. § 46-713(3)(a), the surface water supply for a river basin, subbasin, or reach shall be deemed insufficient, if after considering the impact of the lag effect from existing groundwater pumping in the hydrologically connected area that will deplete the water supply within the next 25 years , it is projected that during the period of May 1 through September 30, inclusive, the most junior irrigation right will be unable to divert sufficient surface water to meet on average eighty-five percent of the annual crop irrigation requirement, or, during the period of July 1 through August 31, inclusive, will be unable to divert sufficient surface water to meet at least sixty-five percent of the annual crop irrigation requirement.

For purposes of this rule, the “annual crop irrigation requirement” will be determined by the annual irrigation requirement for corn. This requirement is based on the average evapotranspiration of corn that is fully watered to achieve the maximum yield and the average amount of precipitation that is effective in meeting the crop water requirements for the area.

The inability to divert will be based on stream flow data and diversion records, if such records are available for the most junior surface water appropriator. If these records are not available, the inability to divert will be based on the average number of days within each time period (May 1 to September 30 and July 1 to August 31) that the most junior surface water appropriation for irrigation would have been closed by the Chief Water Officer and therefore could not have diverted during the previous 20 year period. In making this calculation, if sufficient stream flow data and diversion data are not available, it will be assumed that if the appropriator was not closed, the appropriator could have diverted at the full permitted diversion rate. In addition the historical record will be adjusted to include the impacts of all currently existing surface water Appropriations and the projected future impacts from currently existing ground water wells. The projected future impacts from ground water wells to be included shall be the impacts from ground water wells located in the hydrologically connected area that will impact the water supply over the next 25 year period.

001.01B In the event that the junior Appropriations are not irrigation rights, the Chief Water Officer will utilize a standard of interference appropriate for the use, taking into account the purpose for which the Appropriation was granted.

001.01C If at the time of the priority date of the most junior Appropriation the surface water Appropriation could not have diverted surface water a sufficient number of days on average for the previous 20 years to satisfy the requirements of 001.01A of this Chapter, the surface water supply for a river basin, subbasin, or reach in which that surface water Appropriation is located shall be deemed insufficient only if the average number of days surface water could have been diverted over the previous 20 years is less than the average number of days surface water could have been diverted for the 20 years previous to the time of the priority date of the Appropriation.

When making this comparison, the calculations will follow the same procedures as described in 001.01A of this Chapter. When calculating the number of days an appropriator could have diverted at the time of the priority date of the Appropriation, the impacts of all Appropriations existing on the priority date of the Appropriation and the impacts of wells existing on the priority date of the Appropriation shall be applied in the same manner as in 001.01A of this Chapter. As in 001.01A, in making this calculation, if sufficient stream flow data and diversion data are not available, it will be assumed that if the appropriator was not closed, the appropriator could have diverted at the full permitted diversion rate.

Use of the method described in this rule is not intended to express or imply any mandate or requirement that the method used herein must be included in the goals and objectives of any integrated management plan adopted for a river basin, subbasin or reach determined to be fully appropriated under this rule. Further, nothing in this section is intended to express or imply a priority of use between surface water uses and ground water uses.

001.02 The geographic area within which the Chief Water Officer preliminarily considers surface water and ground water to be hydrologically connected for the purpose prescribed in Neb. Rev. Stat. § 46-713(3) is the area within which pumping of a well for 50 years will deplete the river or a base flow tributary thereof by at least 10 percent of the amount pumped in that time.

002 INFORMATION CONSIDERED . For making preliminary determinations required by Neb. Rev. Stat. § 46-713, the Chief Water Officer will use the best scientific data and information readily available to the Department at the time of the determination. Information to be considered will include:

Surface water administrative records

Department Hydrographic Report

Department and United States Geologic Survey stream gage records

Department’s registered well data base

Water level records and maps from Natural Resources Districts, the Department, the University of Nebraska, the United States Geological Survey or other publications subject to peer review

Technical hydrogeological reports from the University of Nebraska, the United States Geological Survey, or other publications subject to peer review

Ground water models

Current rules and regulations of the Natural Resources Districts

Other information as deemed necessary by the Chief Water Officer

History

• Effective 2026-06-28