Order Adopting Amendments to the Ground Water Management Area and Integrated Management Area Rules and Regulations in the Upper Niobrara White Natural Resources District

A public hearing was held on Thursday, October 18, 2018, for the purpose of receiving public testimony and other evidence regarding the Upper Niobrara White Natural Resources District’s (UNWNRD) proposed amendments to the Ground Water Management Area (GWMA) and Integrated Management Area (IMA) Rules and Regulations.  Public notice was given as required by law and the hearing record remained open until October 25, 2018, to receive written testimony and other evidence. 

The UNWNRD, having considered the testimony and evidence presented at the public hearing, shall adopt the amendments to the GWMA and IMA Rules and Regulations pursuant to Neb. Rev. Stat. § 46-712, and all other applicable Nebraska law.  The proposed amendments included in the Rules and Regulations are as follows:

Section 5. Definitions – Added clarification for Chemigation Act; Sections 6 – 12. General Provisions and Procedures For Enforcement – Inspections – Submission of Report Alleging Violation and Alleged Violator’s Alternatives – Schedule of Compliance – Voluntary Compliance – Violation Hearing – Action of a Ground Water User, Landowner or Operator Following Issuance of a Cease and Desist Order – Minor editing for clarification, language referencing hearings and timeline for notifications added to the above sections; Section 15. Ground Water Controls – 15.2 Chemigation – subsection and language has been added to explain revocation of permits if landowner fails to allow inspection of chemigation system and clarification of hearing language; 15.4 – Moratorium on Issuance of Water Well Permits – subsections and language added to allow for an exception to the moratorium in Ground Water Management Area Subarea 3; 15.13 – Certification of Ground Water Use – language added for clarification on certification of ground water use; Section 17. Allocation – Allocation recommendation and language added for 2020-2024 allocation period; Section 18. Variances – Added language for variance decisions; Entire document contains minor punctuation and language changes for clarification purposes; Map 2 – Deleted.

PURSUANT TO THE AUTHORITY GRANTED IN Neb. Rev. Stat. § 46-712, IT IS HERBY ORDERED BY THE UNWNRD:

1. That the proposed amendments to the GWMA and IMA Rules and Regulations be adopted and shall be implemented by the UNWNRD.

2. This Order shall become effective on December 12, 2018.

During regular business hours, copies of the full text of the GWMA and IMA Rules and Regulations may be obtained at the UNWNRD office, located at 430 East Second Street, Chadron, Nebraska 69337.  A copy of the Rules and Regulations can also be viewed on the Upper Niobrara White NRD’s website at the following address: http://www.unwnrd.org.  

This Order shall be published once each week for three consecutive weeks in a local newspaper published or of general circulation in the area involved, the last publication of which shall be no less than seven days prior to the date set for the effective date of the Order, in accordance with Neb. Rev. Stat. § 46-744.

DATE: November 8, 2018

UPPER NIOBRARA WHITE NATURAL RESOURCES DISTRICT

BY: /s/Steve Sandberg

Chairman

Published: December 5, 2018