Middle Niobrara Natural Resources District

Rules and Regulations for the Enforcement of the Nebraska

Groundwater Management and Protection Act

Adopted November 13, 2007

 

Section D

Rule 10 - Irrigated Acres Certification

Certification of ground water irrigated acres is required, and certification of surface water irrigated acres is requested by January 1, 2009, by each landowner or his or her representative that owns irrigated land within the Middle Niobrara NRD. The certification records provided by the landowner will include completed District certification form, signed original record of irrigated acres from the County Assessor, and FSA aerial photo delineating irrigated acres. The County Assessors records will be used as the final base for irrigated acre certification. In cases that the acres being certified are not accepted by the General Manager or his or her designated representative, the landowner or his or her representative may request to present his or her information to the Variance Committee for their recommendation to the Board.

The Board may take action to approve, modify and approve, or reject the certification provided by the landowner and his or her representative.

Acres to be certified must actually be capable of being supplied with groundwater or surface water through irrigation works, mechanisms, or facilities existing at the time of certification before being approved.

No acres shall be certified for an illegal water well, as that term is defined in Section A, Rule 3 of the Middle Niobrara NRD Rules and Regulations.

The information on the forms needs to be corrected and kept current by the landowner or his or her representative.

CRP or other land previously irrigated but currently enrolled in a federal, state, or local government conservation program may receive a variance from the signed original record of irrigated acres from the County Assessor as long as:

1. Acres were irrigated just before being enrolled in a program.

2. Acres are not assessed as irrigated within that county.

3. Acres are certified through the Irrigated Acres Certification process following the conservation program contract termination.

 

Rule 11 - Other Ground Water Uses

Certification of livestock, municipal, and industrial ground water uses are required by January 1, 2009.

1.Livestock users reporting requirements (in accordance with Neb. Rev Stat. 46-735):

a. The number and type of livestock.

b. The number of wells used in livestock operation.

c. Location and map of use.

d. Well registration information.

e. Estimated annual use.

f. Any other information deemed necessary by the District.

 

2. Municipality reporting requirements:

a. The water wells operated by the municipal user.

b. Total acres within municipal jurisdictional limits, including location and map.

c. The total irrigated agriculture acres within municipal jurisdictional limits.

d. The total dry land agricultural acres within municipal jurisdictional limits.

e. Any acres outside the municipal jurisdictional limits served by the municipal water supply system.

f. The municipality’s population according to the most recent federal population census.

g. Industrial uses within the municipal system may be identified separately and not counted as part of the municipal allocation.

h. The number of people served by the municipal water supply system.

i. Any other information deemed appropriate by the District.

 

3. Industrial reporting requirements:

a. The water wells operated by the industrial user.

b. Total water use by industrial user.

c. The purpose for which the ground water is used.

d. The location and map of use.

e. Any other information deemed appropriate by the District.

 

Rule 12 - Variances

The Board of Directors may grant variances from the strict application of these rules and regulations upon good cause shown.

1. An application for a variance shall be made on forms provided by the District and the application will be acted upon by the Variance Committee. The applicant or his or her representative shall be present at the Variance Committee meeting. With prior notification to the district, written testimony may be provided if the applicant cannot be present.

2. Variance Committee: The 3-member Variance Committee meets with all individuals who request a variance from the rules and regulations of the Board. The Committee reports to the Board at the regular Board meeting. The variance requests are reviewed by the Board and placed on the agenda for the next regular Board meeting for decision.

a. The Manager will distribute all information concerning the variance to the Variance Committee, all other Board members, and person(s) requesting the variance.

b. The Variance Committee will meet with person(s) requesting a variance at the time set by the Manager to hear the variance request.

c. The Variance Committee will report to the Board at a regular or special Board meeting the information received for the variance requested.

d. The variance request will be voted on at the next regular Board meeting. At that time, the Variance Committee will make a recommendation to the Board concerning the variance request.

 

3. Public education and/or demonstration projects deemed appropriate by the variance committee may be eligible for a variance.

4. All or any of the following sources of information will be used in the variance process to resolve a dispute:

a. U.S.D.A. Farm Service Agency records

b. Aerial photographs

c. Crop insurance records

d. Personal documentation

e. Estimated water use

f. Other requested information

 

Certification of Acres

Certification Forms are available at the MNNRD, FSA offices in Ainsworth and Valentine, County Assessors Offices: Brown, Cherry Keya Paha and Rock