UPPER ELKHORN NATURAL RESOURCES DISTRICT
ORDER
Rule Amendments
September 26, 2019
FINDINGS
1. Nebraska Revised Statutes § 46-701 et seq., provides the authority for the adoption and amendment of rules and regulations for the management of groundwater.
2. Notice of the September 26, 2019 Public Hearing on the proposed rule and regulation amendments 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) Atkinson Graphic, (c) Antelope County News, and (d) Elgin Review.
3. Notice of the Public Hearing of the proposed rule and regulation amendments was posted on the UENRD website at www.uenrd.org. Copies of the proposed rules and regulation amendments were also made available from the UENRD office in O’Neill, Nebraska at the time of publication of the newspaper notices identified above.
4. The Public Hearing was held on September 26, 2019 in accordance with state law and as noticed. All persons present at the Public Hearing were afforded an opportunity to provide oral or written testimony regarding the proposed rule and regulation amendments.
5. Written testimony received at the UENRD office by 4:30p.m. on September 25, 2019 was submitted to the record of the Public Hearing. The record of the Public Hearing was held open for the receipt of 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.
6. 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.
7. The UENRD Board of Directors considered all testimony and, in open session, after the conclusion of the public hearing on September 26, 2019, voted to approve the proposed rule and regulation amendments.
8. The changes to Rule 23 – Transfers are as follows:
a. Rule 23a.vi. and Rule 23b.v.: The proposed amendments require a flowmeter on irrigation distribution systems located on the legal description receiving the acres on all transfers.
b. Rule 23a.iv. and Rule 23b.iii.: The proposed amendments authorize the legal descriptions that certified irrigated acres have been transferred from are ineligible to receive transferred certified irrigated acres for a minimum of 5 years.
c. Rule 23a.iii. and Rule 23b.ii.: The proposed amendments authorize the legal description receiving acres must have an equal to or higher area weighted average of each land classification than the legal description where the acres are being transferred from.
d. Rule 23a.iii.1. and Rule 23b.ii.1.: The proposed amendments authorize that for transfers of 15 acres or less, where an irrigation distribution system is being completed, the area weighted average of each land classification is not considered for transfer approval.
e. Rule 23a.viii.4.4.1. and Rule 23b.vi.2.2.1.: The proposed amendments authorize that for transfers of 15 acres or less, where an irrigation distribution system is being completed, the stream depletion factor is not considered for transfer approval.
f. Rule 23a.viii.7.: The proposed amendments authorize that certified irrigated acres will not be allowed to be transferred from a lower to higher water quality designated Phase Area.
BY THE AUTHORITY VESTED IN THE UPPER ELKHORN NATURAL RESOURCES DISTRICT BOARD OF DIRECTORS BY NEBRASKA LAW, IT IS HEREBY ORDERED:
1. The rule and regulation amendments adopted by the UENRD Board of Directors on September 26, 2019, attached hereto and fully incorporated herein, are adopted and shall become effective November 1, 2019.
Signed by UENRD Board Chairman Michael Moser and Water Resources Manager – Joslynn VanDerslice
PUBLISH: October 2, 9 & 16, 2019
ZNEZ
