457 Neb. Admin. Code, ch. 23, § 001

Current through June 2, 2024

Section 457-23-001 - PETITION FOR LEAVE TO FILE OR CONSIDER AN APPLICATION

Any person wanting to apply for a new surface water appropriation within a moratorium or stay area must file a petition in the Department requesting leave to file an application. The petition must be accompanied by a copy of the completed proposed application. The application shall not be considered filed at the time it is submitted with the petition. Anyone who currently has an unapproved application on file in the Department for a new appropriation for a project that is within a moratorium or stay area must file a petition requesting a variance to the moratorium or stay. The fee for filing the petitions shall be that described in § 33-105(8) R.R.S. 1943, as amended.

The petition shall include sufficient information to indicate:

001.01 The proposed project is for a non-consumptive use; or

001.02 The applicant has a credible proposal for replacing any consumptive use that will occur in a manner such that the project will not harm other users; or

001.03 The applicant has credible information that indicates there may be unappropriated water available at the proposed location at the time the depletion is likely to occur; or

001.04 The project existed prior to any informal moratorium, formal moratorium or stay.

001.05 There is a public safety issue that must be addressed and the proposed project addresses such issue.

001.06 The proposed use is a temporary use for public construction and the total volume requested is less than ten (10) acre-feet.

457 Neb. Admin. Code, ch. 23, § 001