Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 9 - PROCEEDINGS
Section 454-9-001 - DEFINITIONS
Universal Citation: 454 NE Admin Rules and Regs ch 9 ยง 001
Current through March 20, 2024
The following definitions shall apply:
001.01. Proceeding shall mean the form and manner of conducting business before the Department. Types of proceedings include:
001.01(A). Informal
proceeding shall mean any business conducted other than through a formal proceeding or a ministerial
proceeding.
001.01(B). Formal proceedings shall include, but not
be limited to, business conducted under the provisions of:
001.01(B)(i).
chapter 4 of these rules, Negotiated Rule Making;
001.01(B)(ii).
chapter 5 of these rules, Petitioning for Rulemaking;
001.01(B)(iii). chapter 6 of these rules, Declaratory Orders;
001.01(B)(iv). chapter 7 of these rules, Contested Cases;
001.01(B)(v). Rulemaking hearings held under the provisions of the
Administrative Procedures Act, Neb. Rev. Stat. §§ 84-901 to 84-909;
001.01(B)(vi). chapter 10 of these rules, Public Hearings;
001.01(B)(vii). Public meetings held under the provisions of the
Open Meetings Act, Neb. Rev. Stat. §§ 84-1407 to 84-1414; or
001.01(B)(viii). Any application or petition filed pursuant to the
Department's jurisdiction.
001.01(C). Ministerial
proceedings shall mean the action of the Department performed in a prescribed manner under certain
authorities of the Department based upon a given state of facts. Ministerial actions include, but are not
limited to the following:
001.01(C)(i). Administration of surface water
based upon first in time is first in right, Neb. Rev. Stat. § 46-203 and distribution of water in
accordance with the rights of priority, Neb. Rev. Stat. § 61-216;
001.01(C)(ii). Administration of surface water for a riparian water right
that has been recognized in a court order, Neb. Rev. Stat. § 46-226;
001.01(C)(iii). Administration of surface water pass inflow through a
reservoir when needed for livestock, Neb. Rev. Stat. § 46-241(5);
001.01(C)(iv). Administration of surface water when a person takes water
without authority, Neb. Rev. Stat. § 46-254;
001.01(C)(v).
Administration of surface water for failure to install a measuring device, Neb. Rev. Stat. §
46-256;
001.01(C)(vi). Denying the right to divert surface water
if an acreage report is required, or map transfer information is required, or a gage is to be installed or a
report is required and an appropriator does not comply, Neb. Rev. Stat. § 46-261; or
001.01(C)(vii). Administration of a surface water appropriation because of
overflow on roads as described under Neb. Rev. Stat. § 46-266.
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