Order to Revise Integrated Management Plan Controls through the Ground Water Management Area Rules and Regulations

OFFICIAL PUBLICATION NOTICE

ORDER

BY VIRTUE OF THE AUTHORITY VESTED IN THE MIDDLE REPUBLICAN NATURAL RESOURCES DISTRICT BOARD OF DIRECTORS BY NEBRASKA REVISED STATE STATUTE SECTIONS 46-701 TO 46-753, IT IS HEREBY ORDERED:

1. The rules and regulations of the GROUND WATER MANAGEMENT AREA, EFFECTIVE July 1, 1998 are revised to include rules adopted on July 11th, 2006 after a public hearing on June 13, 2006.

2. That all rules and regulations pertaining to the administration of the management area are contained within the revised “Rules and Regulations, Ground Water Management Area, Middle Republican Natural Resources District” and shall become effective October 3, 2006.

3. The Integrated Management Plan for the Middle Republican Natural Resources District and the Nebraska Department of Natural Resources included as Chapter Six of this revision shall remain effective as of January 1, 2005

The following are those revisions:

RULE 1-1 MANAGEMENT AREA DESIGNATION AND BOUNDARIES
1-1.1 A list of legal descriptions identifying the Quick Response and Platte sub areas is on permanent file at the office in Curtis and is available for inspection during normal business hours.

Rule 4-4 FLOW METERS

4-4.3.7 New installations or changes to the location of currently installed meters shall be permanent and shall be mounted no higher than six feet above ground level.

4-4.3.8 Electronic meters or any meter with a digital readout must have an uninterruptible power supply.

4-4.9 The district may require that meters that have been repaired two out of the last five years for vibration damage or more frequently to be moved to a location where vibration damage is minimal or modifications are made to the meter register that are more resistant to vibration damage.

4-4.10 By the beginning of the 2008 crop year all meters shall be permanently mounted in the irrigation distribution system.
4-4.11 Challenges of usage readings require that the landowner provide sufficient evidence to substantiate their claim. For electric wells power records may serve this purpose.

RULE 4-5 REPORTS

4-5.1 On forms provided by the district, all landowners with meters mounted in a portable tube or a tube that can easily be removed from the irrigation distribution system shall report the location of storage of meters over the non irrigation season, the day the meter was removed, the reading on the meter when it was removed, the date the meter was reinstalled and the reading on the meter on the day it was reinstalled.

RULE 4-6 CERTIFICATION
4-6.6 By the beginning of the 2008 crop year all ground water irrigated acres certified with the district must be taxed as irrigated acres by the County Assessor. Acres not assessed as irrigated will not receive an allocation. Certified acres currently enrolled in the Conservation reserve Program may be an exception to this rule.

RULE 4-8 INCENTIVE PROGRAM
4-8.1 Unless permitted by the rules and regulations established by individual incentive programs, no certified acres may be enrolled in incentive programs or special initiatives sponsored by or funded by the District if such certified acres do not have a history of use in four (4) of the previous six (6) years.

4-8.2 These incentive programs may include any Federal, State, or Local programs that have the effect of reducing the MRNRD’s overall consumptive use. Subject to State law, the MRNRD may also raise those funds necessary to provide the districts share of payments in incentive programs it utilizes. If sufficient irrigated acres are retired, through the use of incentive programs, above what is needed to meet the requirements of the Republican River Compact, the MRNRD may re-evaluate and alter the allocation previously set per irrigated acre.

4-8.3 The district incentive programs may provide for the temporary or permanent retirement of certified ground water irrigated acres.

4-8.4 Guidelines for incentive programs shall be established by the district or in cooperation with other agencies participating in the incentive program.

RULE 5-2 TRANSFERS

5-2.5 Permanent Transfer. A permanent transfer may be accomplished by decommissioning a well and discontinuing its certified use and transferring the right to that use to another owner or new location on property owned by the same landowner. The new well shall be limited to the quantity of the allocation associated with the certified use from the well being replaced.

5-2.6 Permanent Transfer of Acres. A landowner may permanently transfer a portion of his certified acres to another party. This transfer shall not result in an increase in total certified acres. The district may limit this transfer according to rules 5-2.7 through 5-2.12 and the capability of the wells involved to pump water to the acres transferred.

5-2.10 The District may deny a request for transfer based on the rate of decline in the area into which the transfer will be used. District statistics and Ground Water Level Change maps from the Conservation and Survey Division of the University of Nebraska may be used for a reference of areas of decline.

RULE 5-3 ALLOCATION

5-3.11 SUPPLEMENTAL WELLS – For the period commencing January 1, 2005 and ending December 31, 2007,

5-3.11.1 Allocation: Thirty nine (39) inches minus the amount of surface water used on those acres also irrigated with ground water.

5-3.11.2 In a Water Short Year, base certification and maximum allocation shall be in accordance with 5-3.8 and 5-3.9 minus the amount of surface water used on those acres also irrigated with ground water.

Renumbering of current sections may be required by these revisions.

Copies of the full text of these revised rules may be obtained by contacting the Middle Republican NRD, PO Box 81, Curtis, Nebraska, 69025. The full text of these revised rules is available on the district website at www.mrnrd.org. The full text of the current rules is also available on this site.

August 24, 2006