Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 10 - PUBLIC HEARINGS REGARDING INTEGRATED WATER MANAGEMENT
Section 454-10-002 - PROCESS

Universal Citation: 454 NE Admin Rules and Regs ch 10 ยง 002

Current through March 20, 2024

002.01. NOTICE. Notice of the hearings held under Neb. Rev. Stat. §§ 46-713(2)(b) and 46-714(4) shall be given in accordance with Neb. Rev. Stat. § 46-714(1). Notice of the hearings held under the provisions of Neb. Rev. Stat. §§ 46-715(5)(a) and 46-718(1) shall be given in accordance with Neb. Rev. Stat. § 46-743. At the time notice is given, copies of the documents that are the subject of the hearing shall be available on the Department's website.

002.02. HEARING.

002.02(A). Public hearings held under the provisions of Neb. Rev. Stat. §§ 46-713(2)(b) and 46-714(4).
002.02(A)(i). A hearing officer will be appointed by the Director.

002.02(A)(ii). The hearing shall be recorded and transcribed by a court reporter. Documentary evidence presented at the hearing shall be marked as an exhibit and made a part of the record by the court reporter.

002.02(A)(iii). Any interested person may appear and present written or oral information concerning the appropriation status of the river basin, subbasin, or reach. Testimony and evidence must be relevant to the issues regarding:
002.02(A)(iii)(1). Whether current uses of hydrologically connected surface water and ground water in the river basin, subbasin, or reach cause or will in the reasonably foreseeable future cause (a) the surface water supply to be insufficient to sustain over the long term the beneficial or useful purposes for which existing natural-flow or storage appropriations were granted and the beneficial or useful purposes for which, at the time of approval, any existing instream appropriation was granted, (b) the streamflow to be insufficient to sustain over the long term the beneficial uses from wells constructed in aquifers dependent on recharge from the river or stream involved, or (c) reduction in the flow of a river or stream sufficient to cause noncompliance by Nebraska with an interstate compact or decree, other formal state contract or agreement, or applicable state or federal laws;

002.02(A)(iii)(2). The appropriation status of the river basin, subbasin, or reach;

002.02(A)(iii)(3). The Department's preliminary conclusions about the extent of the area within which the surface water and ground water supplies for the river basin, subbasin, or reach are determined to be hydrologically connected; and

002.02(A)(iii)(4). Whether any stays on new uses should be terminated.

002.02(B). Public Hearings held under the provisions of Neb. Rev. Stat. §§ 46-715(5)(a) and 46-718(1).
002.02(B)(i). A hearing officer will be appointed by the Director and the applicable natural resources district(s).

002.02(B)(ii). The hearing shall be recorded and transcribed by a court reporter. Documentary evidence presented shall be marked as an exhibit and retained by the court reporter.

002.02(B)(iii). Any interested person may appear and present written or oral information relevant to the issues being considered.

002.03. FINAL DECISIONS. Final decisions shall be in writing, shall be issued in accordance with the controlling statutes, and will be published on the Department's web site.

002.04. REQUEST FOR A CONTESTED CASE HEARING. Any interested person may file a request for a contested case hearing as described in chapter 7 of these rules within 30 days following the final decision. See chapter 7.001.03.

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