Water Appropriation Rights (Nebraska)

From Open Energy Information

Last modified on February 12, 2015.

EZFeed Policy

Place Nebraska

Name Water Appropriation Rights (Nebraska)
Policy Category Other Policy
Policy Type Siting and Permitting
Affected Technologies Biomass/Biogas, Coal with CCS, Hydroelectric, Natural Gas, Nuclear
Active Policy Yes
Implementing Sector State/Province

Program Administrator Nebraska Department of Natural Resources
Primary Website http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=46

Last Review 2014-08-08
Last Substantive Modification
to Summary
Information Source http://dnr.ne.gov/swr/


Nebraska has a “first in time, first in right” appropriation policy in place for water withdrawal or use from natural sources. This policy states that the first person or entity using water for a beneficial purpose (e.g., commercial, personal, industrial) is entitled to keep using that water; the rights of subsequent water users follow a similar pattern, and only the remaining water may be used by “junior” users. Nebraska's law additionally states that water which is already appropriated is subject to further allocation for recovery and beneficial use, while unappropriated water is taken as the property of the public and dedicated to the use of the people of the state, subject to appropriation. In most cases, appropriated water may only be returned to the river or stream out of which it was taken. This section describes application procedures for water appropriation and other relevant regulations. .

Policy Contact

Contact Name LeRoy W. Sievers
Department Natural Resources
Division Legal
Address 01 Centennial Mall South, Lincoln, Nebraska, 68509-4676

Phone 2 402-471-2363
Fax 402-471-2900
Email leroy.sievers@nebraska.gov
Website http://dnr.ne.gov/website/MainPage.aspx

Authorities (Please contact the if there are any file problems.)

Authority 1 Neb. Rev. Stat. 46-2xx
Date Effective 1913
Date Enacted 1895

Authority 2 Nebraska Administrative Code
Date Effective 1919