On December 18, 2017, the Upper Elkhorn Natural Resources District (“UENRD”) Board of Directors adopted Rule 27 concerning the regulation of groundwater within the UENRD. The text of Rule 27 does the following: (1) Establishes baseline static water level triggers within each UENRD sub-district; (2) Provides flowmeter requirements for each static water level trigger threshold; (3) Sets forth flowmeter installation and reading procedures; (4) Establishes allocation systems for certain static water level trigger thresholds; and (5) Enacts penalties for failure to comply with allocation requirements.
By ORDER of the UENRD Board of Directors (published below), Rule 27 shall become effective on February 1, 2018.
A full text of Rule 27 is available to the public at the UENRD offices located at 301 N. Harrison St., O’Neill, NE 68763, or at the UENRD website: http://uenrd.org/.
Upper Elkhorn Natural Resources District
Rule 27-Static Water Level Triggers
December 18, 2017
FINDINGS OF FACT
Nebraska Revised Statutes § 46-701 et seq., provides the authority for the adoption of rules and regulations for the management of groundwater.
Notice of the December 18, 2017, Public Hearing on the proposed rules and regulations was published in accordance with state law in the following newspapers in general circulation in the Upper Elkhorn NRD (“UENRD”): (a) Holt County Independent, (b) Rock County Leader, (c) Neligh News, (d) Atkinson Graphic, (e) Elgin Review, (f) Orchard News, (g) Clearwater Record-Ewing News.
Notice of the Public Hearing and a full copy of the proposed rule and regulations were posted on the UENRD website at www.uenrd.org. Copies of the proposed rules and regulations were also made available from the UENRD office in O’Neill, Nebraska at the time of publication of the newspaper notices identified above.
The Public Hearing was held in accordance with state law and as noticed on December 18, 2017. All persons present at the Public Hearing were afforded an opportunity to provide oral or written testimony regarding the proposed rules and regulations.
The record of the Public Hearing was held open for the receipt of mailed, written testimony until the close of the Public Hearing. Copies of all written testimony, personally provided at the Public Hearing or mailed, were made available to the UENRD Board of Directors for their consideration.
Testimony presented at the Public Hearing, whether written or oral, is part of the Public Hearing record on file with the UENRD office in O’Neill, Nebraska.
The UENRD Board of Directors considered all testimony and, in open session, at its regular Board of Directors meeting on December 18, 2017, voted to approve the proposed rules and regulations.
BY VIRTURE OF THE AUTHORITY VESTED IN THE UPPER ELKHORN NATURAL RESOURCES DISTRICT BOARD OF DIRECTORS BY NEBRASKA STATE LAW, IT IS HEREBY ORDERED:
1. The Rule 27 adopted by the UENRD Board of Directors on December 18, 2017, are adopted and shall become effective February 1, 2018.
Signed by UENRD Chairman-Thomas E. Kelly and General Manager-Dennis Schueth
PUBLISH: January 3, 10 & 17, 2018