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State of Nebraska Department Of Natural Resources Notice Of Pending Review Of Instream Flow Water Appropriations A-17329, A-17330, A-17331 and A-17332

Notice is hereby given that the Department of Natural Resources (Department) is conducting a review of the Nebraska Game and Parks Commission’s water appropriations A-17329, A‑17330, A-17331 and A-17332. 

Water Appropriations A-17329, A-17330, A-17331 and A-17332 are instream flow water appropriations with priority dates of November 30, 1993, approved on June 26, 1998.  The appropriations’ time periods, purpose, reach and amount of water are summarized as follows: A-17329, June 1 through August 31, to maintain fish community, on the Platte River reach located below the Kearney Canal Diversion Dam to the Loup Power Canal Return, ranging from 200 to 500 cfs; A-17330, all year, to maintain fish community, on the Platte River reach located from the Loup Power Canal Return to the confluence with the Elkhorn River, for 1,800 cfs; A-17331, all year, to maintain fish community on the Platte River reach from the confluence with the Elkhorn River to the mouth of the Platte River, ranging from 3,100 to 3,700 cfs; A‑17332, April 1-14, May 4-10, October 1-11, to maintain Whooping Crane Roost Habitat, on the Platte River in the reach below Kearney Canal Diversion Dam to US Highway 281 Bridge, ranging from 50 to 1,350 cfs.  

For a more complete summary table of these appropriations please refer to the posting of this Legal Notice on the Department’s website: www.dnr.ne.gov/legal/SW_NoticeofAppsfiled.html.

Pursuant to Neb. Rev. Stat. § 46-2,112, the Department is required to review appropriations for instream flow every fifteen years after being granted.  The purpose of the review is to determine whether the water appropriated under the permit still provides the beneficial uses for which the permit was granted and whether the permit is still in the public interest. 

Any interested person may file comments relating to the review of the instream appropriation or may request a hearing to present evidence relevant to such review. 

Objections must be received by the Department by 5:00 P.M. on April 12, 2013.

The public has two options to respond to the notice.  You may either comment (Option 1) or object and request a hearing (Option 2). 

Option 1:  Any person, without qualification, may provide the Department written comments on the validity of the appropriation(s) as they are currently approved. No fee is required. 

Option 2:  Persons with a legal right or interest that may be affected by continuing the appropriation(s) as it (they) are currently approved should utilize Option 2, which requires an objection and request for a hearing.  Option 2 should not be used unless you intend to support your position at a formal hearing.  Your submission under Option 2 must include a $10 legal filing fee for each application to which you are objecting. 

Your complete response under Option 1 or Option 2 must be received by April 12, 2013, at the following address: 

Department of Natural Resources 

P.O. Box 94676 

Lincoln, Nebraska 68509-4676

Any Additional appropriation information, more specific procedures for objection, may be obtained by contacting the Surface Water Permits section of the Department at (402) 471-2363 or through the Department’s website at www.dnr.ne.gov/legal/SW_NoticeofAppsfiled.html.  The documents provided by the appropriator may be viewed on the Department’s website at www.dnr.ne.gov/legal/SW_NoticeofAppsfiled.html.

Date of Notice February 11, 2013.

Published: February 13, February 20 and February 27, 2013

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