Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS
Chapter 7 - CHANGE OF OWNERSHIP
Section 458-7-001

Universal Citation: 458 NE Admin Rules and Regs ch 7 ยง 001

Current through March 20, 2024

The owner of any dam shall notify the Department of any change in the ownership of the dam or reservoir or of the land where the dam and reservoir are located. The notification shall be made on a form provided by the Department. All forms shall include the following:

001.01 For those instances where the ownership of the land has changed, a copy of the deed or other document transferring ownership of the land occupied by the dam and reservoir shall be submitted with the form.

001.02 For those instances where the ownership of the dam has changed, and the owner of the dam is not the owner of the land where the dam and reservoir are located, a copy of the trust agreement, lease, memorandum of agreement, deed, or other document transferring ownership of the dam and describing the responsibilities and authorities of the new owner shall be submitted with the form.

001.03 If the dam and reservoir are located on a tract not under one contiguous ownership, or there are holders of easements on the land where the dam and reservoir are located, the owner of the dam shall submit with the change of ownership form, a copy of an agreement, signed by all owners and applicable holders of easements, describing:

(1) who is responsible for the operation of the dam and reservoir, including any releases from the reservoir;

(2) who is responsible for maintenance of the structure; and (3) for reservoirs that are permitted under the provisions of Neb. Rev. Stat. § 46-241, what amount of the appropriation to impound is to be appurtenant to each owner's property and what is the basis for the distribution. Such agreements are not required when the deed or document transferring ownership or an easement describes such information and such document is submitted with the form.

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