PUBLIC NOTICE

BY VIRTUE OF THE AUTHORITY VESTED IN THE MIDDLE REPUBLICAN NATURAL RESOURCES DISTRICT BOARD OF DIRECTORS BY REISSUE REVISED STATUTES OF NEBRASKA, SECTIONS 46-701 TO 46-754, IT IS HEREBY ORDERED:

1. The ground water controls for The Middle Republican Natural Resources District are those rules and regulations contained in Chapters 1 through 6 and Appendix 1. of the “Rules and Regulations of the Ground Water Management Area”. 
2. That all rules and regulations pertaining to the administration of the management area are contained within the “Rules and Regulations for the Ground Water Management Area.
3. The Rules and Regulations of the GROUND WATER MANAGEMENT AREA, Effective July 1, 1998 are hereby amended and revised. 
4. The Rules and Regulations for the Ground Water Management Area as amended, including the ground water controls relative to the Integrated Management Plan are approved and shall become effective March 1, 2021.

A hearing was held on February 9, 2021 for the purpose of receiving testimony relative to proposed revisions to the districts “Ground Water Management Area, Rules and Regulations”.  The Board, at a regularly scheduled board meeting on February 9, 2021, approved all revisions as presented.  

The following is a summary of the revisions to the rules and regulations:

The purpose and geographic area of the Management Area are not changed.

General Rule of Interpretation now provides for the updates and changes to State Statute.

3-1.2    The Board authorizes the District Staff to make an initial determination on whether to grant a Variance using the information available to the District. Criteria used in making a variance determination by the District Staff, includes, but is not limited to, the following information:  percent of development, static water level, depletion factor, rapid response area, upland area and wellhead protection area, and any previous violation(s) of the Rules and Regulations or the Act. Additional information may be requested in order to make a determination.

3-1.3    If the District Staff recommends approval of the Variance request, the Variance will be presented to the Board at the next monthly meeting or as soon as reasonably practicable.

3-1.4    If the Variance is denied by the District Staff, then the Variance will be reviewed by the Ground Water Committee, which will utilize all information gathered in 3-1.2 to make its determination.  If the Ground Water Committee approves the Variance, the Variance will be presented to the Board at the next monthly meeting, or as soon as reasonably practicable.  If the Ground Water Committee denies the request, the Owner/Operator requesting a Variance may request an opportunity to make a presentation to the Board at a regular or special meeting.    

3-1.5    In acting upon a request for a Variance, the Board may, at its discretion, approve or deny a Variance and it may designate or impose conditions upon which a Variance may be granted.  The Board may, at its discretion, issue a written decision concerning the Variance request.  

3-3.1    The District Staff may investigate alleged violations of the Rules and Regulations and/or Act. The District may require Owners and Operators to provide Reports and records relating to Ground Water use. 

3-3.2    Upon conclusion of the investigation, if the District Staff determines that a violation occurred, then it will provide the Board with its findings.  The Board will review the District Staff’s findings to determine whether any action by the Board is necessary.  If the Board determines that action is necessary, then the Board may, at its discretion, present the alleged violator(s) with a proposed Cease and Desist Order and/or an order issuing penalties.  The alleged violator(s) then has two options: (1) voluntarily submit to the proposed Cease and Desist Order and/or order issuing penalties without a hearing; or (2) request a hearing before the Board to contest the merit of the allegations.  The alleged violator shall have 10 calendar days from receipt of the proposed Cease and Desist Order and/or order issuing penalties to request a hearing before the Board.  If the alleged violator fails to respond to the proposed Cease and Desist Order and/or order issuing penalties within 10 calendar days from its receipt, then the Board will find the alleged violations to be true and enter such Order.

              3-3.2.1 Alternatively, after receiving the District Staff’s findings, the Board may, at its sole discretion, issue a notice that a hearing will be held to determine whether the Owner/Operator violated the Rules and Regulations and/or Act. 

3-3.3    Notice for all hearings related to Cease and Desist Orders and/or orders issuing penalties shall be provided in accordance with Neb. Rev. Stat. § 46-707 or any superseding statute.

3-3.5    Penalties for violating the District’s Rules or a Cease and Desist Order include, but are not limited to the following: a reduction in Groundwater Certified Irrigated Acres (in whole or in part); a temporary or permanent reduction in Groundwater Allocation (in whole or in part); a temporary or permanent ban from Pooling; and removing, modifying, and/or refraining from using irrigation equipment or fixtures (e.g. pipelines, wells, pivots).  If any removal or modification of irrigation equipment or fixtures is required, then method of the removal or modification is subject to the approval of the District Staff.

    3-3.5.1 Penalties will be imposed to protect against substantial threats to the public health, safety, or welfare and to prevent further violations of the Rules and Regulations and/or Act. 

3-3.6    Any Owner/Operator who violates a Cease and Desist Order issued by the District shall be subject to civil penalties pursuant to Neb. Rev. Stat. § 46-745 or any superseding statute and any other legal action that the Board deems necessary.   

6-4.2    All approved chemigation permit holders will have their chemigation system inspected at a minimum of once every four (4) years.