46-715 River basin, subbasin, or reach; integrated management plan; considerations; contents; amendment; technical analysis; forecast of water available from streamflow. - Nebraska Statutes

46-715. River basin, subbasin, or reach; integratedmanagement plan; considerations; contents; amendment; technical analysis;forecast of water available from streamflow.(1)(a) Wheneverthe Department of Natural Resources has designated a river basin, subbasin,or reach as overappropriated or has made a final determination that a riverbasin, subbasin, or reach is fully appropriated, the natural resources districtsencompassing such river basin, subbasin, or reach and the department shalljointly develop an integrated management plan for such river basin, subbasin,or reach. The plan shall be completed, adopted, and take effect within threeyears after such designation or final determination unless the departmentand the natural resources districts jointly agree to an extension of not morethan two additional years.(b) A natural resourcesdistrict encompassing a river basin, subbasin, or reach that has not beendesignated as overappropriated or has not been finally determined to be fullyappropriated may, jointly with the department, develop an integrated managementplan for such river basin, subbasin, or reach located within the district.The district shall notify the department of its intention to develop an integratedmanagement plan which shall be developed and adopted according to sections 46-715 to 46-717 and subsections (1) and (2) of section 46-718. The objectiveof an integrated management plan under this subdivision is to manage suchriver basin, subbasin, or reach to achieve and sustain a balance between wateruses and water supplies for the long term. If a district develops an integratedmanagement plan under this subdivision and the department subsequently determinesthe affected river basin, subbasin, or reach to be fully appropriated, thedepartment and the affected natural resources district may amend the integratedmanagement plan.(2) In developing an integrated managementplan, the effects of existing and potential new water uses on existing surfacewater appropriators and ground water users shall be considered. An integratedmanagement plan shall include the following: (a) Clear goals and objectiveswith a purpose of sustaining a balance between water uses and water suppliesso that the economic viability, social and environmental health, safety, andwelfare of the river basin, subbasin, or reach can be achieved and maintainedfor both the near term and the long term; (b) a map clearly delineating thegeographic area subject to the integrated management plan; (c) one or moreof the ground water controls authorized for adoption by natural resourcesdistricts pursuant to section 46-739; (d) one or more of the surface watercontrols authorized for adoption by the department pursuant to section 46-716;and (e) a plan to gather and evaluate data, information, and methodologiesthat could be used to implement sections 46-715 to 46-717, increase understandingof the surface water and hydrologically connected ground water system, andtest the validity of the conclusions and information upon which the integratedmanagement plan is based. The plan may also provide for utilization of anyapplicable incentive programs authorized by law. Nothing in the integratedmanagement plan for a fully appropriated river basin, subbasin, or reach shallrequire a natural resources district to regulate ground water uses in placeat the time of the department's preliminary determination that the river basin,subbasin, or reach is fully appropriated, but a natural resources districtmay voluntarily adopt such regulations. The applicable natural resources districtmay decide to include all water users within the district boundary in an integratedmanagement plan.(3) In order to provide a process for economic development opportunitiesand economic sustainability within a river basin, subbasin, or reach, theintegrated management plan shall include clear and transparent proceduresto track depletions and gains to streamflows resulting from new, retired,or other changes to uses within the river basin, subbasin, or reach. The proceduresshall:(a) Utilize generally accepted methodologies based on the best availableinformation, data, and science;(b) Include a generally accepted methodology to be utilized to estimatedepletions and gains to streamflows, which methodology includes location,amount, and time regarding gains to streamflows as offsets to new uses;(c) Identify means to be utilized so that new uses will not have morethan a de minimis effect upon existing surface water users or ground waterusers;(d) Identify procedures the natural resources district and the departmentwill use to report, consult, and otherwise share information on new uses,changes in uses, or other activities affecting water use in the river basin,subbasin, or reach;(e) Identify, to the extent feasible, potential water available to mitigatenew uses, including, but not limited to, water rights leases, interferenceagreements, augmentation projects, conjunctive use management, and use retirement;(f) Develop, to the extent feasible, an outline of plans after consultationwith and an opportunity to provide input from irrigation districts, publicpower and irrigation districts, reclamation districts, municipalities, otherpolitical subdivisions, and other water users to make water available foroffset to enhance and encourage economic development opportunities and economicsustainability in the river basin, subbasin, or reach; and(g) Clearly identify procedures that applicants for new uses shall taketo apply for approval of a new water use and corresponding offset.Nothing in this subsection shall require revision or amendment of anintegrated management plan approved on or before August 30, 2009.(4) The ground water and surface water controls proposed for adoptionin the integrated management plan pursuant to subsection (1) of this sectionshall, when considered together and with any applicable incentive programs,(a) be consistent with the goals and objectives of the plan, (b) be sufficientto ensure that the state will remain in compliance with applicable state andfederal laws and with any applicable interstate water compact or decree orother formal state contract or agreement pertaining to surface water or groundwater use or supplies, and (c) protect the ground water users whose waterwells are dependent on recharge from the river or stream involved and thesurface water appropriators on such river or stream from streamflow depletioncaused by surface water uses and ground water uses begun, in the case of a river basin, subbasin, orreach designatedas overappropriated or preliminarilydetermined to be fully appropriated in accordance with section 46-713, after the date of such designation orpreliminary determination.(5)(a) In any river basin, subbasin, or reach that is designated asoverappropriated, when the designated area lies within two or more naturalresources districts, the department and the affected natural resources districtsshall jointly develop a basin-wide plan for the area designated as overappropriated.Such plan shall be developed using the consultation and collaboration processdescribed in subdivision (b) of this subsection, shall be developed concurrentlywith the development of the integrated management plan required pursuant tosubsections (1) through (4) of this section, and shall be designed to achieve,in the incremental manner described in subdivision (d) of this subsection,the goals and objectives described in subsection (2) of this section. Thebasin-wide plan shall be adopted after hearings by the department and theaffected natural resources districts.(b) In any river basin, subbasin, or reach designated as overappropriatedand subject to this subsection, the department and each natural resourcesdistrict encompassing such river basin, subbasin, or reach shall jointly developan integrated management plan for such river basin, subbasin, or reach pursuantto subsections (1) through (4) of this section. Each integrated managementplan for a river basin, subbasin, or reach subject to this subsection shallbe consistent with any basin-wide plan developed pursuant to subdivision (a)of this subsection. Such integrated management plan shall be developed afterconsultation and collaboration with irrigation districts, reclamation districts,public power and irrigation districts, mutual irrigation companies, canalcompanies, and municipalities that rely on water from within the affectedarea and that, after being notified of the commencement of the plan developmentprocess, indicate in writing their desire to participate in such process.In addition, the department or the affected natural resources districts mayinclude designated representatives of other stakeholders. If agreement isreached by all parties involved in such consultation and collaboration process,the department and each natural resources district shall adopt the agreed-uponintegrated management plan. If agreement cannot be reached by all partiesinvolved, the integrated management plan shall be developed and adopted bythe department and the affected natural resources district pursuant to sections 46-715 to 46-718 or by the Interrelated Water Review Board pursuant to section 46-719.(c) Any integrated management plan developed under this subsection shallidentify the overall difference between the current and fully appropriatedlevels of development. Such determination shall take into account cyclicalsupply, including drought, identify the portion of the overall differencebetween the current and fully appropriated levels of development that is dueto conservation measures, and identify the portions of the overall differencebetween the current and fully appropriated levels of development that aredue to water use initiated prior to July 1, 1997, and to water use initiatedon or after such date.(d) Any integrated management plan developed under this subsection shalladopt an incremental approach to achieve the goals and objectives identifiedunder subdivision (2)(a) of this section using the following steps:(i) The first incremental goals shall be to address the impact of streamflowdepletions to (A) surface water appropriations and (B) water wells constructedin aquifers dependent upon recharge from streamflow, to the extent those depletionsare due to water use initiated after July 1, 1997, and, unless an interstatecooperative agreement for such river basin, subbasin, or reach is no longerin effect, to prevent streamflow depletions that would cause noncomplianceby Nebraska with such interstate cooperative agreement. During the first increment,the department and the affected natural resources districts shall also pursuevoluntary efforts, subject to the availability of funds, to offset any increasein streamflow depletive effects that occur after July 1, 1997, but are causedby ground water uses initiated prior to such date. The department and theaffected natural resources districts may also use other appropriate and authorizedmeasures for such purpose;(ii) The department and the affected natural resources districts mayamend an integrated management plan subject to this subsection (5) as necessarybased on an annual review of the progress being made toward achieving thegoals for that increment;(iii) During the ten years following adoption of an integrated managementplan developed under this subsection (5) or during the ten years after theadoption of any subsequent increment of the integrated management plan pursuantto subdivision (d)(iv) of this subsection, the department and the affectednatural resources district shall conduct a technical analysis of the actionstaken in such increment to determine the progress towards meeting the goalsand objectives adopted pursuant to subsection (2) of this section. The analysisshall include an examination of (A) available supplies and changes in long-termavailability, (B) the effects of conservation practices and natural causes,including, but not limited to, drought, and (C) the effects of the plan onreducing the overall difference between the current and fully appropriatedlevels of development identified in subdivision (5)(c) of this section. Theanalysis shall determine whether a subsequent increment is necessary in theintegrated management plan to meet the goals and objectives adopted pursuantto subsection (2) of this section and reduce the overall difference betweenthe current and fully appropriated levels of development identified in subdivision(5)(c) of this section;(iv) Based on the determination made in subdivision (d)(iii) of thissubsection, the department and the affected natural resources districts, utilizingthe consultative and collaborative process described in subdivision (b) ofthis subsection, shall if necessary identify goals for a subsequent incrementof the integrated management plan. Subsequent increments shall be completed,adopted, and take effect not more than ten years after adoption of the previousincrement; and(v) If necessary, the steps described in subdivisions (d)(ii) through(iv) of this subsection shall be repeated until the department and the affectednatural resources districts agree that the goals and objectives identifiedpursuant to subsection (2) of this section have been met and the overall differencebetween the current and fully appropriated levels of development identifiedin subdivision (5)(c) of this section has been addressed so that the riverbasin, subbasin, or reach has returned to a fully appropriated condition.(6) In any river basin, subbasin, or reach that is designated as fullyappropriated or overappropriated and whenever necessary to ensure that thestate is in compliance with an interstate compact or decree or a formal statecontract or agreement, the department, in consultation with the affected districts,shall forecast on an annual basis the maximum amount of water that may beavailable from streamflow for beneficial use in the short term and long termin order to comply with the requirement of subdivision (4)(b) of this section.This forecast shall be made by January 1, 2008, and each January 1 thereafter. SourceLaws 2004, LB 962, § 55; Laws 2006, LB 1226, § 25; Laws 2007, LB701, § 23; Laws 2009, LB54, § 3; Laws 2010, LB764, § 1.