Lower Platte North NRD Well Permit Status
UPDATE: February 2010
The NRD held two rounds of variance requests in the summer and fall of 200 in the former stay areas. Due to a lower than expected number of variance applications, the NRD is now taking variance applications on a continuous basis. See here for details.
UPDATE: July 2009
At its July board meeting, the Lower Platte North NRD adopted updates to its Ground Water Rules & Regulations to allow limited development of new irrigated acres in the stay areas declared by the Department of Natural Resources in December 2008. The new policy will allow development of up to 2,500 acres a year or 10,000 acres total over the four-year period running from January 1, 2009 to December 31, 2012.
The new policy will need to be approved by the Department of Natural Resources prior to any new well permits being granted. However, the NRD will soon begin accepting variance requests and anticipates that final determination of well permit allocations will be made beginning September 15.
UPDATE: April 2009
On March 30, 2009, the Nebraska Department of Natural Resources reversed its preliminary determination that the Lower Platte River Basin was "fully appropriated." However, contrary to what many people may have heard, that decision did not lift the moratorium on expansion of irrigated acres and new wells declared by the Department in December 2008. As such, all areas that had a stay placed on them at that time (red areas on the map below) still have a stay in efffect.
The NRD is required to formulate a plan for allocating new well permits in the affected area and the Department of Natural Resources will need to approve that plan before any new well permits in the current stay area can be granted. The district is anticipating that this process will not be completed until mid-summer 2009 at the earliest. Until that time, the December 2008 stay will remain in effect.
This does not affect the NRD's prior moratorium areas (yellow areas on map), which will remain in effect regardless of the status of the rest of the basin. The green areas on the map are not currently under a stay or moratorium and the NRD is still accepting well permits from those areas.
Department of Natural Resources Press Release on Reversal of Preliminary Determination (PDF)
UPDATE: March 13, 2009: A recently completed scientific and legal review by nine Natural Resources Districts (including the Lower Platte North NRD) has concluded that the preliminary determination that the Lower Platte River Basin is fully appropriated is not supported by the science and is in conflict with the State’s regulations. More information is available here.
ORIGINAL STORY, December 2008:
On December 16, the Nebraska Department of Natural Resources (DNR) made a preliminary declaration that the Lower Platte River Basin is "fully-appropriated." As a result, an immediate stay was placed on new wells or expansion of irrigated acres throughout most of the Lower Platte North NRD.
The NRD stopped approving new well permits on December 11, in anticipation of the state's action. Permits that were approved by the NRD prior to December 11 should remain valid, provided that
- the well was drilled and registered with the Department of Natural Resources, and
- the well was used to irrigate a crop during the last growing season.
In cases where a well permit was granted but the well was not drilled, registered and used to irrigate a crop before December 11, the NRD Board will have to decide whether or not the permit will be honored.
The state's stay on expansion of irrigated acres by surface water applies to the entire fully-appropriated area (which includes the entire Lower Platte North NRD). The stay on well permits and expansion of irrigated acres by groundwater applies only in areas where ground and surface water are considered "hydrologically connected" (red areas on map).
Some areas of the NRD don't fall within that hydrologically-connected boundary (green areas on the map). Currently the NRD is still accepting well permits from those areas.
The NRD's existing moratorium in the Uplands aquifer region (yellow areas on map) will remain in effect regardless of the status of the rest of the basin.
The Department of Natural Resources will make their final determination of the Lower Platte basin's appropriation status by April 15, following one or more public hearings. A list of times and dates for those hearings is available from the Department of Natural Resources here (PDF file). One of the hearings will be in Fremont at the City Auditorium (925 N. Broad St.) on March 12 at 1:30 p.m.
If you have questions about the fully-appropriated status and well permits, please contact us at (402) 443-4675.
Links:
- Nebraska Department of Natural Resources Notice of Preliminary Determination
- Nebraska Department of Natural Resources Map - Fully Appropriated Area, Lower Platte River Basin
- Nebraska Department of Natural Resources Map - Hydrologically Connected Areas, Lower Platte River Basin