| Note: There are large number of modifications made to the
document that we do not highlight here. Many of them have little
significance. To see the full comparison you will need MS
Word. If you open the IMP
Word document, you can see what was added and what was removed between
the two drafts.
To see the existing draft without all of the comments and edits you will need to have Adobe Acrobat. Below we highlight some of the changes from the first draft to the second draft.The following is the "Final" DRAFT version of the URNRD IMP. It is an important document. Below is the unformatted version. We will make available the Word version when it is made available by the URNRD. The highlights of this document are:
The URNRD spent about $50,000 creating this document |
|
WaterClaim comments on the Initial draft in blue Current comments on latest draft in red. URNRD/DNR added language to IMP in bold URNRD/DNR
deleted language to IMP
There were several changes from the preliminary draft to this "Final" draft. Most are losses for the URNRD.
WaterClaim encourages the URNRD to make the following modifications before adopting this IMP. 1.
The DNR should agree to release
all relevant information to the URNRD prior to the finalization of this
document, not after its finalization. 2.
“Equitable,” under Goal
number 3, should be defined. 3. The
“proportionate share” for the URNRD should be defined to include the
usages by the Tri Basin and surface water users. Not
addressed. 4.
Each water user group should have
a defined share. 5.
If an NRD or irrigation district
loans water to another group, a system should be established to
recognize this credit and debit between groups.
This should include water transfer projects between districts as
well as additional reductions made Basin-wide to compensate for one
District’s over usage, if it is the URNRD’s intent (as expressed
here) to do so. 6.
The DNR should agree to be
responsible for any overage, beyond a defined share, caused by another
user group. If the District
lives within its share of the available water, then it should be exempt
from covering for the other groups.
This document, as written, does not provide that protection.
7.
The relationship between pooling
and Objective 1 should be clarified. 8.
Make no commitment to reducing
the allocation on wells that have no affect on the stream. 9.
Modify Objective 5 to concentrate
the usage of incentive programs to those wells causing the depletion and
not to encourage the usage of public money to provide a retirement
program with little or no benefit to compliance with the Settlement. 10.
Modify Regulation 5 to recognize
Basin-wide activities as credits for individual District efforts and
requirements. As written now, imports or tree trimming or other
efforts would still require a 5% reduction even it not necessary. Not
addressed 11.
Include the import of water into
the Basin as a part of the IMP. The
import is the most cost effective method of satisfying 12.
Encourage the reduction in
use of water by wells close to the stream through the transfer of
allocation to wells far from the stream. 13.
Recognize that the existing Quick
Response map does not reflect geology but, rather, is a simple map
designed for political purposes. Create
a new map to reflect geology that would be used for any future program
that might target high depletion wells. 14.
Each board member should
thoroughly read, understand and sign off on the document. 15.
Correct the language in 9.0.2 16.
Modify rule 10.01.02 to assure
all pools including new pools are treated equitably. 17.
Correct the language in 10.01.03.
It appears now to say the opposite of what is intended. 18.
Under the surface water controls
#6, the agreement allows surface water users to take no conservation
actions to reduce their consumptive use.
While many cannot access any water at this time,
each is
allowed up to 36 inches per acre when the water is physically available.
This usage has a direct affect on the allocation the URNRD
members will be permitted. The
document, as drafted now, is vulnerable to a lawsuit by local water
users against the URNRD. If
that suit is brought before the IMP is adopted, then the URNRD cannot
rely on the Attorney General’s office financing all of the costs.
Several board members believe it is essential that the IMP be
adopted as quickly as possible even if the document has problems for the
purpose of passing the financial burden of any lawsuit on to the State. |
|
INTEGRATED
MANAGEMENT PLAN Jointly
Developed by the DEPARTMENT
OF NATURAL RESOURCES and
the UPPER
REPUBLICAN NATURAL RESOURCES DISTRICT AUTHORITY This
Integrated Management Plan (IMP) was prepared by the Board of
Directors of the Upper Republican Natural Resources District (URNRD)
and the Nebraska Department of Natural Resources (NDNR) in accordance
with the Nebraska Ground Water Management and Protection Act, Neb.
Rev. Stat. §§ 46‑701 to 46-753 (Reissue 2004). BACKGROUND Commencing in 1978, URNRD has adopted and enforced rules
and regulations for the purpose of managing the groundwater resources
within URNRD. On April 11,
2003, effective May 8, 2003, the URNRD, pursuant to applicable
statutory rulemaking procedures and Neb. Rev. Stat. § 46-656.25
(Reissue 1998), adopted the State of Nebraska Upper Republican
Natural Resources District Amendments to Rules and Regulations for
Ground Water Control – Order No. 26 and the Upper Republican
Natural Resources District Technical Manual of Policies and Procedures
TM-26 (the “URNRD Rules” or “the Rules”).
In the regular meeting, on July 6, 2004, the URNRD voted to
extend Order No. 26 until September 1, 2005.
Rule 9A of the
Rules provides for a basic allocation of ground water to certified
irrigated acres within the URNRD of 72.5 acre-inches for the five (5)
year period between January 1, 2003 and December 31, 2007, an
annualized allocation of 14.5 acre-inches.
Since their adoption, the Rules have prohibited additional
allocations for ground water use and additional well permits, except
under limited circumstances. In
addition, among other things, the Rules continued and recodified the
URNRD’s practice of allowing ground water users to carry forward the
unused portion of their allocation, together with any remaining unused
portions of allocations from previous years, into succeeding
allocation periods and permitted the URNRD to approve pooling
contracts, both in accordance with the URNRD Rules. In
1943 the States of Colorado, Both prior and subsequent to the approval of the
Settlement Agreement, NDNR conducted and participated in several
meetings with URNRD, including several public meetings.
During the course of those meetings NDNR explained, in order
for the State of Nebraska to achieve and maintain compliance with the
terms of the Settlement Agreement, it would be necessary to (1) continue the moratorium on new surface water appropriations and new
ground water wells, (2) reduce all ground water pumpage by five (5)
percent from historic levels across the entire Basin and (3) further
reduce all ground water pumping needed to comply with the Compact in
water short years, to be accomplished to the extent possible through
the use of incentive programs to reduce consumptive use of water. The “Final”
IMP addresses to two ways of measuring water.
Later in this document, it will be seen that instead of
choosing one method or the other on which to base decisions, it chose
both methods. That should
make it fun for a judge to decide what they meant. There are two
ways of measuring water. Actual
gallons pumped from the ground and computer simulated numbers. The
real pumping numbers have little relationship to the simulated
numbers. Where the well is
located has a huge affect on simulated numbers.
Reducing real pumping will not result in a equal reduction in
the simulated numbers. The
DNR is responsible for reducing the simulated water numbers.
The request for a reduction in real water pumping does not
produce the results the DNR needs to achieve. The agreement
with Water pumped from
the ground will have a limited effect on the stream.
The closer to the stream, the more impact an aquifer well will
have. A well more than 5
miles from the stream will have almost no effect on the stream.
A well within 1 mile of the stream may cause an 80% depletion,
over 40 years, effect on the stream.
That means that 80% of the total pumping volume that occurred
over the 40 years would have been in the stream, if it had not been
diverted by the irrigation well. Twenty
percent (20%) of the total pumping would still be in the ground and
would not have leaked into the stream after 40 years.
So when the DNR
asks the NRD to reduce pumping by 5%, it is asking the NRDs to do
something that will have little benefit to the Settlement agreement
with A reduction of 5%
on every well within a couple miles of the stream will cause the
stream flow to increase by about 3,000 acre feet.
However, to accomplish this, the DNR is asking the URNRD to
make a reduction in water usage of about 25,000 acre feet to
accomplish a 3,000 acre feet benefit to the stream.
Once again, the
reduction in allocation on a well more than 5 miles from the stream
does not help Since 1978, with adoption of its Order #1, URNRD has
required the metering, data collection and reporting of groundwater
use, resulting in actual pumpage and use data, and has imposed
allocations and regulation on groundwater users within the URNRD,
while the wells in the Middle and Lower were neither reported nor
regulated during the same period.
In order to estimate pumping in the Middle and Lower, other
methods based on hours of operation using electrical power information
and individual pumping rates were used.
The NDNR determined The
fact that the amounts the URNRD is agreeing to are left blank means
the URNRD and the DNR are presenting an incomplete document to the
public. The law requires
the proposed rules be made available to the public at or prior to the
first publication of the notice of a public hearing.
The blank lines means the document presented is incomplete and,
hence, the notification period is being violated.
As the numbers that will go into the blank lines are some of
the most significant in the document, this is a violation of the
Administrative Rules Act and should result in a delay of the public
hearing until the numbers are filled in and proper notice is given. Also,
if you are the judge and have to decide which number the URNRD has
agreed to reduce from, how would you rule?
The way this is written, the URNRD is agreeing to reduce by
both 49% and 44% or, as seen later, whatever else the DNR indicates is
necessary in a water short year. The LRNRD board
disputes these volumes and has indicated they may challenge the
numbers in court. They
believe they can prove the volume estimates are low by about 20%.
The MRNRD ignores the volume issue.
The MRNRD does not address the volume they use in their IMP
(which the State has accepted). The URNRD wants
to cause the Lower and the Middle to reduce usage to the listed
volumes prior to the Upper being forced to make any additional
reductions. A question you
need to answer is, “Does an agreement between the DNR and the URNRD
protect the URNRD from other agreements the DNR has made with the
other Districts when the volume numbers are not in the other
Districts’ IMPs?” URNRD and NDNR wish to adopt and implement an IMP for
the regulation of water resources within the District as required by
the laws of the State of The DNR does not
have the authority to require a reduction from 14.5 to 13.5.
It may request, cajole, threaten, and use other negotiation
tactics, but it cannot legally require it.
See our articles “Nothing Required” and “Nothing Required
Again.” However, no NRD
board member agrees. Each
believes the DNR has the ability to require the change.
Our question is, “If the DNR has the ability to require
certain elements, then what authority does the NRD have?”
A copy of the current draft of the URNRD Revised Rules,
to be considered for adoption concurrently with this IMP by URNRD, is
attached and its provisions incorporated in this IMP. GOALS AND OBJECTIVES Pursuant
to Neb. Rev. Stat. § 46‑715 (Reissue 2004), the goals and
objectives of this IMP must have as a purpose “sustaining a balance
between water uses and water supplies so that the economic viability,
social and environmental health, safety, and welfare of the river
basin … can be achieved and maintained for both the near term and
the long term.” The
following goals and objectives are adopted by the URNRD and the NDNR
to achieve that purpose: Goals: 1.
To assist the State of Nebraska, in cooperation with the
other Districts, in achieving and maintaining compliance with the
Compact as adopted in 1943 and as implemented in accordance with the
Settlement Agreement approved by the United States Supreme Court on
May 19, 2003; 2.
To ensure that ground water and surface water users
within the URNRD assume their share, but only their share of the
responsibility to assist Nebraska in achieving and maintaining
compliance with the Compact. and 3.
To provide that the URNRD’s share of that
responsibility be distributed within the URNRD in an equitable manner
and to minimize, to the extent possible, adverse economic, social and
environmental consequences. Equitable is not defined in this document.
Does “equitable” mean that the responsibility will be
shared by all acres equally, by the share of depletion caused by the
well, based on the need, or by some other definition?
The
new document completely removes any reference to the goal of including
the stakeholders as is required by law.
It is likely that this reference was removed because it became
obvious that the law was ignored. Not
all stakeholders that have asked to participate in the IMP have been
allowed to be involved. For
example, the Nebraska Game and Parks asked to be involved in the IMP.
The request was ignored. The
law requires that the municipalities and irrigation districts be
involved in a formal way in the development of the IMP.
To our knowledge, this has not happened.
The majority of the URNRD Board claim that they have not been
involved in the development of the IMP.
Only the negotiating committee and the manager have been
involved in the process. Kuenning,
Ambrosek, Frasier, Gengenbach, Bernhardt, and Objectives: 1.
With limited exceptions, prevent the initiation of new
or expanded uses of water that increase Nebraska’s computed
beneficial consumptive use of water within the URNRD, as required for
compact compliance; How
will this affect pooling? It
does not appear that a restriction will be in place that will limit
the ability of a farmer to increase pumping from a well close to the
stream due to his ability to adjust his pool location.
This would increase the consumptive use of the district.
Nor is there any reward for moving usage away from wells close
to the stream. 2.
Ensure administration of surface water appropriations in
the Basin is in accordance with the Compact and in full compliance
with 3.
Reduce existing ground water pumping within the URNRD by
five (5) percent from the 1998-2002
baseline pumping figures and from the 1998-2002 baseline depletion figures The
new language states two objectives.
One is to reduce pumping by 5% and the other is to reduce
depletions by 5%. According
to this document the URNRD share of pumping is 49% of the total and
the depletion share is 44%. There
is no supporting evidence that the depletion share is 44%.
Our research puts the URNRD share of the depletion at about 28%,
not 44% or 49% or the ____% that the NDNR will fill at some future
date. A
5% reduction in consumptive use as computed by the RRCA Model can be
accomplished without any reduction in allocation by most wells.
A reduction in wells more than 2.5 miles from the stream has no
benefit, according to the Model. 4.
After taking into account any reduction in beneficial
consumptive use achieved through basin-wide incentive programs, make
such additional reductions in ground water use in water short years as
are necessary to achieve a reduction in beneficial consumptive use in
the URNRD in an amount proportionate to the total reduction in
consumptive use required by the Settlement Agreement in Nebraska above
Guide Rock in such years; How
this is accomplished is a key part of this document.
This document does not accomplish this objective. 5.
Cause the reductions in water use required for compact
compliance to be achieved through a combination of regulatory and
incentive programs designed to reduce beneficial consumptive use,
relying on incentive programs available to as many of the URNRD water
users as possible; and By
expanding the incentive programs to as many people as possible, it
makes the incentive money less useful.
If the money is concentrated in the areas of greatest cause,
the money will be more efficiently used.
It appears that this objective reflects a desire to create a
retirement program for those who want out of farming, even if it does
not benefit the stream flow. 6.
For the URNRD and the NDNR to investigate and explore
methods to manage the impact of vegetative growth on streamflow. URNRD
is on record as supporting CREP and EQUIP; however, the CREP program
will cause the most economic damage to the region of all of the
suggested programs according to the economic report done by Ray
Supalla. There
is no mention in the IMP of importing water into the Basin.
Importing water is the least expensive way of meeting the
Settlement requirements. Even
though the URNRD has passed a resolution supporting the concept, it is
not integrated into the objectives.
The Groundwater Management Act also requires the NRD to explore
the import of water and maintain this information on file.
This has not been done. MAP - see map 1. The
area subject to this IMP is the geographic area within the boundaries
of the URNRD. The
Model is capable of showing the depletion caused by each cell and,
hence, each well. The map
should include any well that causes a depletion greater than x %
within x years. The
current Quick Response map is arbitrary and does not reflect actual
geology. Thus, some people
are seeing the land included that should not be and some are not
included that should be. GROUND
WATER REGULATION The
authority for the ground water component of this IMP is Neb. Rev.
Stat. §§ 46‑715 and 46‑739 (Reissue 2004).
This “Ground Water
Regulation” section includes the URNRD’s rules and regulations, as
agreed upon by the NDNR, and additional agreements between URNRD and
the NDNR regarding This
new language indicates there are additional agreements between the
URNRND and the NDNR other than this document and the existing rules
and regulations. What
agreements exist that have not been made public or presented at any
URNRD board meeting? 1.
URNRD reductions. A.
Reduction in baseline pumping - The reductions provided in the
URNRD Revised Rules for ground water pumping from the current
annualized 14.5 acre-inches to 13.5 acre-inches are based upon the
NDNR’s calculation that such reductions are expected to provide an
overall five (5) percent reduction in average annual ground water
pumping and resulting The
DNR has not provided nor has the URNRD requested the details of these
calculations, so there is no ability for the URNRD to verify the
numbers are reasonable and error free. B.
Water short year pumping reductions - In addition to the five
(5) percent reduction in overall baseline pumping, the URNRD will
adopt rules and regulations to permit it to further reduce pumping in
water short years when necessary to meet its proportionate share of This
new language is a major new concession by the URNRD.
The URNRD is agreeing to remove the water usages below Guide
Rock from the usage charged against the LRNRD. This will increase the
percentage the URNRD agrees to be responsible for in water short years
to an unspecified amount. We
estimate this will put the URNRD share at over 50%.
This
clause commits the URNRD to making a proportional reduction even for
other Districts’ over usage. There
is no other paragraph or clause in these rules that modifies or limits
this commitment. For
example, if one of the other Districts over uses 10,000 AF, then the
URNRD is committing to reducing usage in this District by our share of
the total. If that share
is 43% (this share is undefined), then the URNRD is agreeing to reduce
usage by 4,300 AF for another District’s over usage.
The
other District IMPs do not include a volume allowance.
The current draft of the LRNRD does not agree to make any
reduction beyond their 13 inch allocation on old wells and 11 inches
on new wells. This
document does not define the URNRD proportionate share.
This percentage can vary significantly depending on whose
numbers are being used. The
users of water in the Basin are: ·
URNRD ·
MRNRD ·
LRNRD ·
·
Surface users This
document defines the volume allowed to the three Republican NRDs, but
does not address The
DNR makes no commitment in this document to reduce surface water
usage. It appears that all
reductions are being made by ground water users.
True, most surface water users do not have access to water in
the drought; however, when it rains again, all reductions still appear
to be the responsibility of the ground water users only. The
DNR commitment on how it will regulate surface water uses is shown at
the end of the URNRD rules (pages 29 through the end).
The commitment by the DNR is very vague with few specifics.
This agreement appears to one sided.
The URNRD makes detailed commitments while the DNR makes
nebulous commitments. The
volume of water used and allowed by each group of Basin water users is
in dispute. There is
nothing in this document that protects this NRD from adjustments to
the volumes allowed to the other groups.
Those adjustments are likely. Hence,
this document commits the URNRD to an agreement based on an unknown
and unstable set of numbers. 2.
If it is determined by Once
again the URNRD is agreeing to reduce usage by both 49% and 44% or the
unspecified share in a water short year. The
URNRD also cedes its ability to share in the determination process on
compliance with IMPs by each District.
Instead the URNRD simply consults with the NDNR while the NDNR
makes the final determination with or without the URNRD agreement. There
are other options available besides reducing pumping that are
economically less expensive. This
paragraph does not permit the use of those other options. 3.
The URNRD and the NDNR recognize that the required reductions
in water consumption could be accomplished by means other than those
adopted in this IMP. The
IMP and associated Rules may need to be amended in the future to
implement any such revisions. This
paragraph does allow for other compliance methods to be considered;
however it requires a change in the rules and a public hearing to use
those methods. Since some
of those are known now, why not include them? 4.
At various times in the future, additional information may
become available to the URNRD and the NDNR.
As a result of this information, it may be determined that
either less or more than the five (5) percent reduction in ground
water pumping in combination with additional water short year
reductions is required for Nebraska to meet its obligations under the
Compact. In the event it
is determined that a greater than five (5) percent reduction is
necessary to achieve Nebraska’s compliance, or that a lesser
reduction is needed to meet URNRD’s proportionate share of
Nebraska’s obligation, the NDNR and the URNRD will amend the IMP and
its Rules accordingly. There
is evidence now that a lesser real water reduction will accomplish the
5% Modeled water reduction requested.
Because that evidence exists now and is being ignored, this
promise is of questionable value.
5.
Accounting of credits for retired acres – Any water savings
generated through conservation programs, including acreage retirement
or other conservation incentive programs undertaken through programs
available throughout the Republican River Basin with the use of funds
distributed by the State of Nebraska will be accounted as credits to
the entire Republican River basin and not to any District, regardless
of the situs of the acreage included in the program or of the location
of the effect of such water savings on the river system.
Any water savings resulting from any such basin-wide programs
shall not be considered in the calculation of any District’s 5%
reduction from the 1998-2002 baseline pumping figures.
However, should any District establish and implement its own
such conservation program, available only for acreage within such
District, the accounting of credit for the resulting water savings
shall be given exclusively to that District. While
the intent here is good, the paragraph wording says something
different than what was likely intended.
If water is imported into the Basin, thus reducing the need for
water allocation reductions, then this paragraph seems to commit that
the District must still make the 5% reduction even though it is not
necessary? 6.
The URNRD and the NDNR will make all documents, reports,
records, computer runs or other calculations or material necessary to
determine compliance with the Compact available to each other,
regardless of whether such documents are available under the Nebraska
Public Records Act or otherwise, unless such materials are rendered
confidential by Nebraska Statutes or Court Rulings.
Specifically, and without limitation, the URNRD agrees to
continue to meter, record and provide to the NDNR its ground water
usage records; the NDNR agrees to provide to the URNRD all reports and
records of the other Districts necessary to determine their compliance
with reductions in accordance with the formula described above, as
well as all documentation and reports utilized by the NDNR to
determine the Basin’s virgin water supplies and Nebraska’s
compliance with the Compact. The
DNR and URNRD agree to share information.
However, before agreeing to this document, it would be nice if
the DNR provided all of the information listed here.
Depletion by cell is held by the DNR and is not available.
Detailed Lag Effect numbers are not available now; they should
be. 7.
To accomplish this goal, neither the URNRD nor the NDNR
will require the IMP to be amended for the purpose of changing the
responsibility of water users within the URNRD based on the failure of
the other Districts to adopt, implement or enforce IMPs adequate to
meet their proportionate share of the responsibility to achieve and
maintain Nebraska’s compliance with the Compact; Because
the proportionate share is not defined nor are the other water user
groups party to this document, this paragraph does not provide the
protection that its advocates claim. STATE OF UPPER
REPUBLICAN NATURAL RESOURCES DISTRICT AMENDMENTS TO
RULES AND REGULATIONS GROUNDWATER
CONTROL -ORDER NO. 28 Pursuant
to the Nebraska Ground Water Management and Protection Act, Order
No.28, and Technical Manual TM 28 adopted ____________, are amended as
follows: Rule
1. DEFINITIONS All words, terms, and
phrases used herein shall be given their common, every day meaning and
usage. In addition: 1.01
Allocated Acres shall mean the specific number of
acres that have been Certified by the Board as eligible to be granted
an allocation of groundwater. 1.02
Allocation shall mean the amount of groundwater
granted by the Board to a groundwater user, pursuant to these rules
and regulations. 1.03
Annualized Allocation shall mean the amount of water
allocated on an annual basis, calculated as the Base Allocation
divided by the number of years in the allocation period. 1.04
Base Allocation shall mean the total amount of water
allocated for an allocation period. 1.05
Best Management Practices shall mean schedules of
activities, maintenance, procedures, and other management practices
utilized to prevent or reduce present and future contamination of
ground water which may include irrigation scheduling, proper timing of
fertilizer and pesticide application and other fertilizer and
pesticide management programs. 1.06
Board of Directors or Board
shall mean the elected Board of Directors of the Upper Republican
Natural Resources District. 1.07
Certified Irrigated Acre shall mean any acre of
ground upon which groundwater is being applied for irrigation
purposes, regardless of the source of the groundwater, that is
properly equipped to apply groundwater for irrigation purposes, and
that has an allocation and was certified as such by the Board on or
before the 31st day of March, 1997. (Also see Irrigated
Acre) 1.08
Certified Irrigated Tract shall mean an irrigated
tract, not exceeding 640 contiguous acres, consisting of Certified
Irrigated Acres. (Also see
Irrigated Tract) 1.09
Certified Laboratory shall mean any laboratory
within or outside the State of 1.10
Chemical shall mean any fertilizer, fungicide,
herbicide, or pesticide mixed with the water supply. 1.11
Chemigation shall mean any process whereby chemicals
are applied to land or crops in or with water through an onfarm
irrigation distribution system. 1.12
Contamination or Contamination
of Groundwater shall mean
nitrates or other material that enter the ground water due to action
of any person and cause degradation of the quality of ground water
sufficient to make such ground water unsuitable for present or
reasonably foreseeable beneficial uses. 1.13
District shall mean the Upper Republican Natural
Resources District, which encompasses Chase, Dundy, and 1.14
Fertilizer shall mean any formulation or product
used as a plant nutrient, which is distributed on lands in the
District, and/or intended to promote plant growth, and contains one or
more plant nutrients recognized by the Association of American Plant
Food Control Officials in its official publications. 1.15
Floating Township shall mean a set of 36 sections
lying in a contiguous block, such that the area is six sections east
to west and six sections north to south, designated by the section
that forms the Northwest corner of the 1.16
Flowmeter shall mean a measuring device of the type
and design which shall meet the standards and specifications for
installation, operation, and maintenance as established by the
District. Every flowmeter
shall be a mechanical or sensor device which measures and totalizes
the amount of groundwater withdrawn. 1.17
Groundwater Irrigation Runoff shall mean groundwater
used for irrigation purposes which escapes from land owned, leased, or
otherwise under the control of a groundwater user. Groundwater that
becomes commingled with surface water runoff shall be treated as
irrigation runoff; except that groundwater irrigation runoff, whether
commingled with surface water or not, which reaches a stream becomes
surface water and is not subject to these rules and regulations. 1.18
Groundwater Quality Controls shall mean the rules
and regulations which may be proposed or adopted for ground water
quality and based on the three (3) phase program defined above. 1.19
Groundwater User shall mean any person that utilizes
groundwater for domestic, livestock, agricultural, or industrial
purposes. 1.20
Improper Groundwater Irrigation Runoff shall mean
the occurrence of groundwater irrigation runoff which causes or
contributes to the: accumulation of water upon or beneath the surface
of the lands of any person to their detriment, damage, or
inconvenience; deterioration of water quality by depositing sediment
and/or associated chemicals in surface water within the Management
Area; and/or flow of groundwater to waste. Improper groundwater
irrigation runoff is subject to the General Enforcement Provisions of
Order No.28 and TM-28. 1.21
Installer shall mean the company or groundwater user
that installs meters on the groundwater user's irrigation equipment. 1.22
Irrigated Acre shall mean any acre with a
demonstrated or proven history of having been or currently being
irrigated on or before the 8th day of May, 2003. 1.23
Irrigated Tract shall mean an irrigated tract
consisting of Irrigated Acres, as defined in 1.11. 1.24
Management Area shall mean all of Perkins, Chase and
1.25
Manufacturer shall mean the company that produces
meters for the supplier or dealer. 1.26
Meter shall mean a mechanical or sensor device that
measures and totalizes the amount of water flowing from a well. 1.27
Offset shall mean any deduction from an allocation. 1.28
Owner shall mean any Person that has an ownership
interest in a tract. 1.29
Permit shall mean a permit, granted by the Board,
with conditions specified by the Board, for construction of a new well
or a replacement well pursuant to these rules and regulations.
All new and replacement wells, except Domestic and Range
Livestock, shall require a permit after September 1, 2002 prior to
construction of the well. 1.30
Person shall mean a natural person, a partnership, a
limited liability company, an association, a corporation, a
municipality, an agency or political subdivision of the State or of
the 1.31
Phase I shall mean all areas within the District in
which levels of nitrate nitrogen contamination, or any contaminant
harmful to health or the environment is 0% to 40% of, the allowable
level as determined by the Nebraska Department of Environmental
Quality. On the effective date of this Order the entire territory of
the Upper Republican Natural Resources District is Phase I. 1.32
Phase II shall mean all areas within the District
boundaries so designated by the Board in which levels of nitrate
nitrogen contamination, or any contaminant harmful to health or the
environment, are over 40%, but less than 60%, of the allowable level
as determined by the Nebraska Department of Environmental Quality.
Phase II areas shall be designated only after dissemination to the
public the boundaries of such proposed areas and the rules and
regulations pertaining thereto and the conduct of one or more public
information meetings followed by a public hearing after which the
Board may designate Phase II areas of not less than 6 square miles
with rules and regulations pertaining to ground water quality in such
areas. 1.33
Phase III shall mean all areas within the District
boundaries so designated by the Board in which levels of nitrate
nitrogen contamination, or any contaminant harmful to health or the
environment are 60%, or over, of the allowable level as determined by
the Nebraska Department of Environmental Quality. Phase III areas
shall be designated only after dissemination to the public of the
boundaries of such proposed areas and the rules and regulations
pertaining thereto and the conduct of one or more
public information meetings followed by a public hearing after
which the Board may designate Phase III areas of not less than 6
square miles with rules and regulations pertaining to ground water
quality in such areas. 1.34
Pipe shall mean any material capable of transporting
water. 1.35
Point Source shall mean any discernible, confined
and discreet conveyance, including, but not limited to, any pipe,
channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, vessel, other floating craft, or other conveyance, over which
the Department of Environmental Quality has regulatory authority and
from which a substance which can cause or contribute to contamination
of ground water is being or may be discharged. 1.36
Pooling shall mean any contract approved by the
Board in which groundwater allocations are combined. 1.37
Rotation shall mean a recurring series of use and
non-use of an irrigation well on an hourly, daily, weekly, monthly, or
yearly basis. 1.38
State shall refer to the State of 1.39
Subirrigation or 1.40
Supplier or Dealer
shall mean the company that sells or provides meters to installer,
groundwater user, or District. 1.41
Technical Manual shall mean a publication of the
District that contains technical, administrative, procedural,
regulatory and other materials, the contents of which are incorporated
into these rules by reference herein. The Technical Manual is
available to the public. 1.42
Transfer shall mean any arrangement approved by the
Board in which the point of withdrawal, the point of use, or the type
of use of an allocation is altered. 1.43
Violation shall mean the disregard or noncompliance
with any cease and desist order issued by the District pursuant to the
Groundwater Management and Protection Act or any orders, controls,
rules, or regulations adopted by the District. Any person who commits
a Violation shall be subject to the enforcement provisions and
sanctions as provided by law and controls, rules, and regulations
enacted by the District, including, but not limited to the reduction
of any allocation granted or irrigated acres certified by the
District, in whole or in part, after notice and hearing. 1.44
Water Short Year shall mean a year, as defined by
the Republican River Compact Settlement Agreement, in which the
projected or actual irrigation supply is less than 119,000 acre feet
of storage available for use in 1.45
Well shall mean any water well as defined in 1.45.01
Domestic Wells are wells used by a person or by a
family unit or household for normal household uses and for the
irrigation of lands not exceeding two acres in area for the growing of
gardens, orchards, and lawns. Such wells are exempt from application
of these rules. 1.45.02
Range Livestock Wells are wells, which are
used for the watering of range livestock, and other uses of water
directly related to the operation of a pasture or range. Such wells
are exempt from application of these rules except for Rule 1-U-8. 1.45.03
Irrigation Wells are active wells that are fully
equipped, and used for the pumping of groundwater to irrigated acres
for the production of crops. Such wells must have a permit, Certified
Acres, and an allocation; and be used in conjunction with a flowmeter
located in the District. 1.45.04
Commercial Livestock Wells are wells which are used
for the watering of livestock and other uses directly related to the
operation of a feedlot or other confined livestock operation or dairy.
Such wells must have a District permit and water allocation; and be
used in conjunction with a flowmeter located in the District. 1.45.05
Back-up Wells are wells designed for confined
livestock and dairy operations and which operate only in emergencies
when the main well fails. Back-up
wells shall not be operated simultaneously with the commercial
livestock wells, which they back up.
Such wells must have a permit and any water pumped from such
shall be accounted against the allocation for the well it backs up.
Such well must be used in conjunction with a flowmeter located
in the District. 1.45.06
Industrial Wells are wells used in manufacturing and
commerce operations, and/or watering and maintenance of golf courses.
Such wells must have a permit and an allocation; and be used in
conjunction with a flowmeter located in the District. 1.45.07
Municipal Wells are wells owned and used by
municipalities for public water supply. Such wells must have a permit
and an allocation; and be used in conjunction with a flowmeter located
in the District. 1.45.08
Commingled Wells are water wells that are
commingled, combined, clustered, or joined with any other water well
or wells or other water source, other than a water source used to
water range livestock, after August 31, 1998.
Such wells shall be considered one water well and the combined
capacity shall be used as the rated capacity.
Such wells must, prior to operation, have a permit and an
allocation, and be used in conjunction with a flowmeter located in the
District. 1.45.09
Supplemental Well is any well, the water from which
is commingled with the water from any other well for irrigation
purposes. 1.45.10
Replacement Well shall mean a well as defined by
Section 46-602(2), R.R.S 1.45.11
Abandoned Well shall mean a well as defined by
Section 46-1204.01, R.R.S. 1.45.12
Inactive Status Well shall mean a well as defined by
Section 46-1207.02, R.R.S. The owner of any permitted well must notify
the District when an active well is placed in inactive status. 1.45.13
Monitoring Well shall mean a well as defined by 178
NAC 12 at 002, Nebraska Department of Health and Human Services. 1.45.14
Observation Well shall mean a well as defined by 178
NAC 12 at 002, Nebraska Department of Health and Human Services. 1.45.15
Illegal Well shall mean a well as defined by
Sections 46-656.07(5) and 46-1207.01, R.R.S. Rule
2. FLOWMETERS 2.01
Each well requiring a permit shall be equipped with
a flowmeter which shall be installed, operated, and maintained in
accordance with the following standards and specifications: 2.01.01
Meters installed under these specifications shall
comply with the applicable provisions of American National Standards
Institute, American Water Works Association's standard number C704-70.
2.01.02
Each meter shall be installed and calibrated to pipe
size. 2.01.03
Flowmeters shall be of the velocity propeller or
sensor type, and made of noncorrosive materials 2.01.04
The meter registry shall have a visual volume
recording totalizer, which shall record in acre-feet, acre- inches, or
gallons. 2.01.05
The registry shall be protected from the elements.
Totalizers shall have sufficient capacity to record for the period of
one year the quantity of water diverted from each well. Totalizers
shall be direct reading and the multiplier shall be clearly indicated
in which the rate of flow can be determined by timing. |