Water has been deemed “the issue of the decade” by Governor Dave Heineman and has been evident across the District and the state following the passage of LB 962. LB 962 was drafted from the recommendations of the Water Policy Task Force and instructs the Department of Natural Resources (DNR) to evaluate every river basin in Nebraska. This annual evaluation is required for every river basin, sub-basin, or reach that has not either initiated the development of an integrated management plan (IMP) or implemented an IMP.

This annual evaluation by DNR is performed to determine if a basin is fully appropriated or in some instances over-appropriated. As a general
concept, a basin is fully appropriated when existing uses of both surface water and hydrologically connected ground water supplies are equal to but do not exceed the available water supplies over the long term. If a basin is fully appropriated, any new use will in time take water away from an existing use. Once a basin is designated as “fully appropriated” it is subject to the rules and regulations of LB 962.

DNR has evaluated the expected long-term availability of surface water supplies and hydrologically connected ground water supplies for 2008 of the Blue River Basins, Lower Niobrara River Basin, Lower Platte River Basin, and Missouri Tributary Basins. Based on the evaluation, the Niobrara River Basin upstream of Spencer Hydropower was determined as fully appropriated on October 16, 2007. This designation does affect a very small portion of the Northern ULNRD District. The majority of our District will NOT be fully appropriated for the year 2008. However, based on reasonable projections of the extent and location of future development in the basin and on currently available data, the analysis also shows that this preliminary conclusion would change to a conclusion that the entire basin is fully appropriated if no additional constraints are placed on surface water and ground water development.

Impacts of the Fully Appropriated Determination on land owners within that designated area are:

• A stay on the issuance of a well construction permit from the NRD on all high capacity wells (those pumping greater than 50 gal/min)
• A stay on new surface water permits implemented from DNR
• No increase or expansion of irrigated acres
• An offset of any increased consumptive use may be required for any new well drilled on or after October 16, 2007 which is used to increase irrigated acres or other consumptive use
• DNR and ULNRD has 3-5 years to develop an Integrated Management Plan that will address existing and future ground and surface water development

Read the full report from DNR

Download maps of fully appropriated areas in your county:
Brown County
East Cherry County
West Cherry County