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Ground Water
During a public hearing on October 28, 2004, the UNWNRD Board of Directors voted to continue the District-wide stay (moratorium) on high capacity well drilling until our new Ground Water Management Plan is approved. This moratorium applies only to wells that pump 50 gallons per minute or more - most livestock and domestic wells pump far less than this and therefore are not restricted.
On October 5, 2004, the Nebraska Department of Natural Resources determined that portions of the UNWNRD are Fully Appropriated. In this area, there is a stay on the issuance of NEW well permits, NEW surface water permits and NEW irrigated acres. In the areas that they determined not to be Fully Appropriated, the UNWNRD Board of Directors was required to reimpose our well-drilling moratorium to allow us to continue our water management progress. For more information on the definition and areas included in the fully appropriated area, click here or visit the DNR website at: http://www.dnr.state.ne.us/LB962/LB962Implementation.html. Click here to download the UNWNRD's Integrated Management Plan which became effective in June 2009. The Ground Water Management Area Rules and Regulations listed below describe the changes that were voted on by the UNWNRD Board at the October 28th hearing. These regulations affect the entire UNWNRD, which includes all of Box Butte, Dawes and Sheridan Counties, as well as most of Sioux County. Please note that Rule 2 part c relates to Crow Butte Resources.
DISTRICT-WIDEGROUND WATER MANAGEMENT AREARULES AND REGULATIONSApproved by Board of Directors: July 1, 1998
Adopted Amendment by the Board of Directors: October 28, 2004
With the adoption of the ground water management area throughout the entire District, the following Rules and Regulation will be implemented.
DEFINITIONSAs used in these Rules and Regulations of the Upper Niobrara White Natural Resources District for administration of the Nebraska Ground Water Management and Protection Act:
Rule 1Water QualityA ground water analysis for nitrate-nitrogen content in all wells pumping greater than 50 gallons per minute for irrigation of crops must be accomplished once every four years. Landowner/Operator must allow the sample to be collected and analyzed by the Upper Niobrara White Natural Resources District using approved methods. Information from the analysis will give the operator knowledge of usable nitrogen already present in the ground water.
RULE 2Water Well PermitThe geographic area subject to this rule is the entire geographic area that coincides with the boundaries of the District. The stratigraphic area subject to these rules is from the land surface to the base of the underlying layers that contain the water bearing material. Any person intending to construct a water well on land he/she owns, leases or controls in any manner at any location within the Upper Niobrara White Natural Resources District ground water management area shall, before commencing construction, apply for a permit on forms provided by the District, with the following exemptions:
a) no permit shall be required for test holes or dewatering wells with an intended use of ninety (90) days or less;
b) no permit shall be required for water wells designated and constructed to pump fifty (50) gallons per minute (gpm) or less, but multiple wells individually pumping less than fifty (50) gallons per minute but collectively pumping more than fifty (50) gallons per minute (gpm) will be considered a single well for purposes of this rule if they are connected together or otherwise serve a single purpose; and
c) no permit shall be required in the portion of the Chadron aquifer that lays beneath the land area described as follows:
Township 31 North, Range 52 West:Section 11: S ½ NE ¼, N ½ SE ¼, SE ¼ SE ¼
Section 12: SW ¼, S ½ NW ¼, NW ¼ SE ¼,
S ½ SE ¼
Section 13: E ½, NW ¼, NE ¼ SW ¼
Section 24: E ½ NE ¼, NE ¼ SE ¼
Township 31 North, Range 51 West:Section 17: SW ¼ SW ¼
Section 18: SW ¼, S ½ NW ¼, NW ¼ NW ¼,
S ½ SE ¼, NW ¼ SE ¼
Section 19: All
Section 20: SW ¼, W ½ NW ¼
Section 29: W ½
Section 30: NE ¼, NE ¼ SE ¼, NE ¼ NW ¼
Any new water well to be constructed in the aquifer(s) that overlay or underlie the exempted portion of the Chadron aquifer described above is subject to this rule.
Such a permit shall be applied for before any water well is modified, for which a permit was not required under subsections a), b) or c) above, into a water well for which such a permit is otherwise required by this rule.
The applicant for such a permit shall pay a $50.00 filing fee to the District upon filing the application. Any person who fails to obtain a permit as required by this rule shall apply for a late permit on forms provided by the District, accompanied by a $250.00 filing fee.
A permit provided for by this rule, whether late or otherwise, shall be granted unless the District finds:
1) the location or operation of the proposed water well in question or other work would conflict with any regulations or controls adopted by the District;
2) the proposed use would not be a beneficial use
of water for domestic, agricultural, manufacturing,
or industrial purposes; or
3) in the case of a late permit only, that the applicant did not act in good faith in failing to obtain a timely permit.
If the District finds that the application for a permit is incomplete or defective, it shall return the application to the applicant for any necessary corrections. Corrections must be made within sixty (60) days or the application will be canceled. All permits shall be issued, with or without conditions attached, or denied not later than thirty (30) days after receipt by the District of a complete and properly prepared application.
A permit issued shall specify all regulations and controls adopted by the District relevant to the construction or utilization of the proposed water well. No refund of any application fees shall be made regardless of whether the permit is issued, canceled or denied. The District shall transmit one copy of each permit issued to the Director of the Nebraska Department of Natural Resources.
The issuance of a permit by the District shall not vest in any person the right to violate any District rule, regulation or control, whether in effect on the date of issuance of the permit or adopted thereafter.
When any permit is approved, the applicant shall commence construction of the water well as soon as possible after the date of permit approval and shall complete such construction and equip the water well prior to the date specified in the conditions of approval, which date shall not be more than one (1) year after the date of approval, unless it is clearly demonstrated in the application that one year is an insufficient period time for such construction. If the applicant fails to complete the project under the terms of the permit, the District may cancel the permit.
Obtaining a permit pursuant to the above shall not relieve any person of his/her duty to register a well with the Nebraska Department of Natural Resources, pursuant to Nebraska law.
Rule 3Stay on the Issuance of Water Well Construction PermitsCommencing on the effective date hereof and except as provided hereinafter, no person shall commence the construction or construct a new water well in the area specified in Rule 2 above. Provided however, that (i) test holes or dewatering wells with an intended use of ninety days or less, (ii) a single water well designed and constructed to pump fifty gallons per minute or less, and (iii) water wells defined by the District to be replacement wells, shall not be subject to the stay.
Water wells for which permits have been issued prior to the effective date of these rules and regulations may be constructed if the District has issued a valid permit and all conditions of the permit have been complied with.
Variances. The District may grant a variance from the stay on the issuance of water well construction permits if it determines that construction of new water well will provide an economic, environmental, social or public health and safety benefit that is equal to or greater than the benefit resulting from the rule or regulation from which the variance is sought. In addition a variance may be granted for contamination / remediation or monitoring / observation as defined below.
a) Contamination / Remediation. Shall mean a water well, constructed to State of Nebraska Department of Health and Human Services recovery well standards, for the purpose of withdrawal or treatment of contaminated water, or for the introduction or removal of air, water or chemicals. The variance request and Application for a Permit to Construct a Water Well shall include written approval of the state agency with supervisory responsibility for the planned project.
b) Monitoring / Observation. Shall mean a water well, constructed to the appropriate well standards, for the purpose of withdrawal of water or the observation of water levels, collection of water quality samples and providing hydrogeology information. The variance request and Application for a Permit to Construct a Water Well shall include the planned disposition of the monitoring / observation well after its intended use is completed.
All requests for a variance, except for Rule 3a) and 3b), shall be made on forms provided by the District and will be acted upon by the District. A variance for Rule 3a) and 3b) may be granted by the General Manager.
GENERAL PROVISIONS AND PROCEDURES FOR ENFORCEMENTTo assist in carrying out these Rules and Regulations, the District shall have the right to make any necessary inspections and other actions allowed under Section 2-3232, R.R.S. 1943, together with any other authorized actions at law or equity.
The District shall enforce the provisions of the Ground Water Management Area and all Rules and Regulations adopted by issuance of cease and desist orders, following ten day’s notice by certified mail to the person affected stating the contemplated action and in general the grounds for the action and following reasonable opportunity to be heard. Once a cease and desist order has been issued by the District and transmitted to the alleged violator either in person or by restricted, certified mail, the alleged violator shall be given seven (7) working days (excluding Saturdays, Sundays, and Holidays) to comply with said order. If, after seven (7) working days (excluding Saturdays, Sundays, and Holidays), the alleged violator does not respond or responds stating that he/she refuses to comply with said order, the order will be filed with the District Court for prosecution in the county in which the violation occurred. Violation of a cease and desist order is a Class IV misdemeanor and is punishable by a fine of $100.00 - $500.00. Authorization for these Rules and Regulations is provided under the Nebraska Ground Water Management and Protection Act of 1975, as amended.
GROUND WATER MANAGEMENT PLAN |