BY ORDER OF THE LOWER NIOBRARA NATURAL RESOURCES DISTRICT
This matter came on for consideration by the Board of Directors in conjunction with a public hearing that was held on Monday, September 12, 2011 at 6:00 p.m. at the Butte Community Center, 520 Thayer Street, Butte, Nebraska.
THE BOARD FINDS THAT pursuant to the passage of L.B. 483 by the Nebraska Legislature on April 6, 2009, rules should be adopted to comply with said law relating to or concerning the implementation of allowing a limited number of total new groundwater irrigated acres annual over the next four years (i.e., 2011 through 2014). Proposed Rules and Regulations for the Implementation of LB 483 (NEB. REV. STAT. §46-714(12)(2010) in the Lower Niobrara Natural Resources District were published at the expense of the Lower Niobrara Natural Resources District in newspapers published or of general circulation in the area affected at least once each week for three (3) consecutive weeks, the last publication of which was not less than seven (7) days prior to the public hearing. A copy of the full text of the proposed rules and regulations were made available to the public not later than the date of the first publication.
IT IS CONCLUDED that the proposed rules and regulations for the implementation of LB 483 (NEB. REV. STAT. §46-714(12)(2010) are necessary in the Lower Niobrara Natural Resources District and should be adopted.
IT IS HEREBY ORDERED:
1. That the above and foregoing findings are so found and are hereby ordered and incorporated into its rules and regulations.
2. The following Rules and Regulations for the Implementation of LB 483 (NEB. REV. STAT. §46-714(12)(2010) in the Lower Niobrara Natural Resources District are hereby approved and adopted as follows:
Lower Niobrara Natural Resources District
Rules and Regulations
For the Enforcement of the Nebraska Ground Water Management and Protection Act
in addition to Lower Niobrara NRD Rules and Regulations last revised 12-13-05
Rule 14
Rules and Regulations for Implementation of LB483 (Neb. Rev. Stat. § 46-714(12) (2010)) for the Lower Niobrara Basin.
This matter came on for consideration by the Board of Directors in conjunction with a public hearing that was held on Monday, September 12, 2011 at 6:00 p.m. at the Butte Community Center, 520 Thayer Street, Butte, Nebraska.
THE BOARD FINDS THAT pursuant to the passage of L.B. 483 by the Nebraska Legislature on April 6, 2009, rules should be adopted to comply with said law relating to or concerning the implementation of allowing a limited number of total new groundwater irrigated acres annual over the next four years (i.e., 2011 through 2014). Proposed Rules and Regulations for the Implementation of LB 483 (NEB. REV. STAT. §46-714(12)(2010) in the Lower Niobrara Natural Resources District were published at the expense of the Lower Niobrara Natural Resources District in newspapers published or of general circulation in the area affected at least once each week for three (3) consecutive weeks, the last publication of which was not less than seven (7) days prior to the public hearing. A copy of the full text of the proposed rules and regulations were made available to the public not later than the date of the first publication.
IT IS CONCLUDED that the proposed rules and regulations for the implementation of LB 483 (NEB. REV. STAT. §46-714(12)(2010) are necessary in the Lower Niobrara Natural Resources District and should be adopted.
IT IS HEREBY ORDERED:
1. That the above and foregoing findings are so found and are hereby ordered and incorporated into its rules and regulations.
2. The following Rules and Regulations for the Implementation of LB 483 (NEB. REV. STAT. §46-714(12)(2010) in the Lower Niobrara Natural Resources District are hereby approved and adopted as follows:
Lower Niobrara Natural Resources District
Rules and Regulations
For the Enforcement of the Nebraska Ground Water Management and Protection Act
in addition to Lower Niobrara NRD Rules and Regulations last revised 12-13-05
Rule 14
Rules and Regulations for Implementation of LB483 (Neb. Rev. Stat. § 46-714(12) (2010)) for the Lower Niobrara Basin.
- PURPOSES AND AUTHORITY: The purposes of these rules and regulations are, in accord with Neb. Rev. Stat. § 46-714 (12) and § 46-707(1), to proceed with the development of land within the previously designated Fully Appropriated area in a systematic and equitable method:
- ENFORCEMENT: The NRD will enforce this limitation consistent with its authority under the law and its rules and regulations. In addition, a violation of these provisions may be grounds for denying an application to expand groundwater irrigated acres under the ranking criteria set forth below.
- WELL PERMITS: If a request for expansion of irrigated acres requires construction of a new ground water well, the respective well permit application will not be deemed complete until authorization is granted by the Lower Niobrara NRD for the expansion of those irrigated acres.
- PROCESS FOR APPLICATIONS TO EXPAND IRRIGATED ACRES: The process that allows expansion of groundwater irrigated acres shall be as follows:
- RANKING CRITERIA: The District will review the application for expanding ground water irrigated acres based on factors including, but not limited to, whether the application would promote the health and welfare of the District by contributing to the conservation, protection, development, and sound management of natural resources within the District.
- FLOWMETERS REQUIRED: Installation of a flowmeter for the purpose of acquiring water use data approved by the Lower Niobrara NRD staff is required as a condition for any application for expansion of groundwater irrigated acres. Data from flowmeters shall be collected by District staff on an annual basis on or before December 31 of each year. As a condition of approval to expand ground water irrigated acres, the landowner shall agree that District staff shall be granted access to all land approved for irrigation under these rules to comply with this requirement.
- GRANTED APPLICATIONS: Applications granted under these provisions are deemed unique and special with regard to the specific application, and do not create a precedent for future application or matters pertaining to other lands, whether or not they are similarly situated.
- CANCELLATION OF APPROVED EXPANSION: The Lower Niobrara NRD may cancel or void an approved expansion application at any time for violation of the NRD’s rules and regulations.
(a) Allow a limited number of total new groundwater irrigated acres annually over the next four years (i.e., from 2011-2014) for the Lower Niobrara River Basin previously designated as fully appropriated;
(b) Maintain the status of not fully appropriated; and
(c) Limit the number of new permits so that new groundwater irrigated acres do not exceed 2,500 acres annually in the previously designated Fully Appropriated area from 2011 to 2014 :
(a) No more than three well permits will be issued for one new or existing irrigation system.
(a) The application period to apply for the new groundwater irrigated acres shall be the month of October 2011for approval December 2011 and the month of December for approval in January of 2012, 2013, and 2014. Any application received outside of an application period will be returned to the applicants as incomplete.
i. A maximum of 160 irrigated acres per individual, corporation, limited liability company, partnership, other entity or trust will be allowed per application period
1. An individual, corporation, limited liability company, partnership, other entity or trust that has been approved for 160 acres may be eligible for an additional 160 acres if less than 2500 acres are permitted during the application period.
ii. For the purposes of this rule, if an individual and any member of his or her immediate family owns and controls, directly or indirectly, more than fifty percent (50%) of the ownership of said irrigated acres, either individually or through a corporation, limited liability company, partnership, other entity or trust, such irrigated acres will be considered as owned by the applicant. A member of one’s immediate family shall include spouses, children and lineal descendents of the same.
(b) The application shall be accompanied with a non-refundable filing fee
i. Fee for 25 acres or less is $75.00
ii. Application Fee for over 25 acres is $3.00 per acre;
iii. Adding acres or corrections to an application will be charged at above rates
(c) The applicants will be notified on status of their application within 60 days following the application period.
(d) Applications not approved may be resubmitted the following year with the appropriate non-refundable filing fees.
(e) The application shall be made on forms provided by the District. The Board instructs staff to prepare the relevant forms and submit them to the Board for approval.
i. The application shall include the most recent aerial photo delineating the new acres being applied and, as applicable, the proposed location of the new well or location of existing well to be used.
ii. If the acres will be irrigated with an existing well(s), the application shall include the well registration number(s). If the acres will be irrigated with a new well(s), the application shall include the approximate legal description for the new well(s), well logs and test pump data (if any).
iii. The current landowner or duly authorized representative shall sign the application.
iv. Application is non-transferable between parcels of land, water wells or applicants.
v. Application does not include the Permit Fee to Construct a Water Well.
vi. Application may be declined if it is incomplete or information is inaccurate.
(a) The Board retains the authority to establish ranking criteria for the evaluation of applications. Factors to be considered in the ranking criteria may include, but are not limited to, the following:
i. Irrigation type (e.g., sprinkler, drip, or flood);
ii. Land capability class rating using USDA Natural Resources Conservation Service Web Soil Survey;
iii. Stream depletion factors;
iv. Ground water quantity
1. No more than 3 well permits well be granted per existing or anticipated irrigation system;
v. Ground water quality (nitrates) and compliance with the Nitrogen Certification Guidelines in the District’s Ground Water Management Plan;
vi. Irrigation concentration (well spacing requirements)
1. All wells are required to be a minimum of 600 feet from any existing high capacity wells for irrigation and 3000 feet from public water supply wells.);
vii. Compliance with District rules and regulations, including compliance with the limitation on expansion of ground water irrigated acres under these provisions; and
viii. Such other factors that may assist the Board in determining whether the application would promote the goals of groundwater management and conservation within the District.
(b) A minimum of score of 20 points on the Lower Niobrara Natural Resources District Criteria Ranking for Adding New Irrigated Acres in the Lower Niobrara Basin is required for an application to be considered for approval. The Board retains the right to adjust the minimum score required for approval. A copy of the Criteria Rating for Adding New Irrigated Acres and the Criteria Ranking for Adding New Irrigated Acres is attached hereto as Exhibit “A” and incorporated herein by this reference.
i. Ranking score may be improved by adding conservation practices or removing lower class land from area to be irrigated.
(a) Approved application for the expansion of irrigated acres will have until September 1 of the application year to be completed. Applications approved in 2011 will have until September 1, 2012.
The complete text of the Lower Niobrara Natural Resources District’s Rules and Regulations for Implementation of LB 483 (NEB. REV. STAT. §46-714 (2010) are available for inspection at the Lower Niobrara Natural Resources District office located at 410 Walnut Street, Butte, Nebraska during normal weekday working hours.
Order issued September 12, 2011
By Lower Niobrara Natural Resources District
Effective Date of Order: October 14, 2011
By: ______________________________
Larry A. Baumeister, Chairman
Lower Niobrara NRD 2011 Nitrate Results
The Lower Niobrara Natural Resources District has been monitoring nitrates in groundwater throughout the District since 1997. Irrigation wells are tested every year on a rotational basis. This year water samples were collected from 130 irrigation wells located within even ranges. The District’s average nitrate level this year was 15.7 ppm which is a decrease of 0.7 ppm from the 2009 average nitrate results. Producers which had wells sampled this year were mailed their nitrate results along with the following charts. The first chart, “Lower Niobrara NRD Irrigation Water Samples,” shows a breakdown of results by county as well as 2011 results compared to 2009 results. The second chart, “Pounds of Nitrogen from Irrigation Water,” is a tool for Producers so they can use utilize the nitrates present in their water. Supplementing this source of nitrogen allows the crops to consume unwanted nitrates out of the groundwater thus improving the water quality in the District. The Lower Niobrara Natural Resources District protects lives, property and the future of this area through a wide range of stewardship, management and education programs—from flood control to groundwater monitoring, from irrigation management to wild habitat, tree planting and more. Activities and projects of the Lower Niobrara NRD are reviewed and approved by a locally elected board of directors. Lower Niobrara NRD is one of 23 natural resources districts across the state. For more information, visit www.lnnrd.org or call (402) 775-2343
To view charts click here
To view charts click here
Sustainability expert Dr. Bob Willard to discuss how to convert local businesses into sustainable enterprises
Dr. Bob Willard is a leading expert on the business value of corporate sustainability strategies. He has given hundreds of keynote presentations to corporate, government, university, and NGO audiences on the bottom-line benefits of sustainability strategies.
Dr. Willard will be the keynote speaker at the 2011 Nebraska Sustainability Summit that will be held on October 12-14 in Lincoln and Omaha. “We are very excited to have Dr. Willard come to Nebraska to share with us his vast experience on sustainability issues,” says Carrie Hakenkamp, Executive Director of WasteCap Nebraska. “It is important to continue to showcase the ongoing conversation and momentum surrounding sustainability and the future of the business world.”
Dr. Willard, author of The Sustainability Advantage, left IBM after 34 years to become a corporate responsibility advocate. He argues corporate responsibility is no longer about doing the right thing, but rather the smart thing to drive profits and attract workers. Hear him comment on the seven areas of benefits that a company can reap.
The 2011 WasteCap Nebraska Sustainability Summit is part of WasteCap Nebraska’s ongoing commitment to partner with business leaders to implement resource conservation strategies that improve profitability, community goodwill, and employee pride. It is presented in cooperation with Cleaner Greener Lincoln, UNO College of Business, UNL College of Natural Resources, and local businesses. For more information about the Summit, and to register visit WasteCap's website.
Dr. Willard will be the keynote speaker at the 2011 Nebraska Sustainability Summit that will be held on October 12-14 in Lincoln and Omaha. “We are very excited to have Dr. Willard come to Nebraska to share with us his vast experience on sustainability issues,” says Carrie Hakenkamp, Executive Director of WasteCap Nebraska. “It is important to continue to showcase the ongoing conversation and momentum surrounding sustainability and the future of the business world.”
Dr. Willard, author of The Sustainability Advantage, left IBM after 34 years to become a corporate responsibility advocate. He argues corporate responsibility is no longer about doing the right thing, but rather the smart thing to drive profits and attract workers. Hear him comment on the seven areas of benefits that a company can reap.
The 2011 WasteCap Nebraska Sustainability Summit is part of WasteCap Nebraska’s ongoing commitment to partner with business leaders to implement resource conservation strategies that improve profitability, community goodwill, and employee pride. It is presented in cooperation with Cleaner Greener Lincoln, UNO College of Business, UNL College of Natural Resources, and local businesses. For more information about the Summit, and to register visit WasteCap's website.
New NRD Outdoor Recreation Website
(Lincoln, NE) Nebraska’s Natural Resources Districts (NRDs) have created an interactive website that allows you to search dozens of outdoor recreation areas perfect for camping, fishing, a family picnic, hiking/biking, wildlife viewing, and much more. The interactive website, www.nrdrec.org allows you to search for recreation areas by NRD, highlight an activity at a recreation area such as boating or fishing, or find a lake with a specific type of fish.
In addition to providing much-needed opportunities for outdoor fun, NRD recreation areas are often built and operated to meet multipurpose needs. NRDs combine recreation facilities with other purposes including: Flood control structures to protect lives and property, wildlife habitat enhancement, prevention of soil erosion, aide in sediment control, provide wetland renovation, and other important conservation activities. NRDs often partner on projects with the Nebraska Department of Natural Resources, the Nebraska Department of Environmental Quality, the Nebraska Game and Parks Commission, as well as other organizations.
Whether you're looking for a quiet fishing hole, a hiking area or bike path, a place to hunt or camp, or just a scenic spot to enjoy a picnic, chances are you can find what you're looking for by visiting www.nrdrec.org. “A Nebraska Outdoor Recreation” app is currently awaiting approval from Apple and will be available at no cost for the iPhone, iPod Touch, and iPad from the iTunes App Store.
The Nebraska Association of Resources Districts (NARD), the trade association for Nebraska's 23 natural resources districts, works with individual NRDs to protect lives, protect property, and protect the future of Nebraska’s natural resources. These districts are unique to Nebraska. NRDs are local government entities with broad responsibilities to protect our natural resources. Major Nebraska river basins form the boundaries of the 23 NRDs, enabling districts to respond best to local conservation and resource management needs. To learn more about Nebraska NRDs visit www.nrdnet.org.
In addition to providing much-needed opportunities for outdoor fun, NRD recreation areas are often built and operated to meet multipurpose needs. NRDs combine recreation facilities with other purposes including: Flood control structures to protect lives and property, wildlife habitat enhancement, prevention of soil erosion, aide in sediment control, provide wetland renovation, and other important conservation activities. NRDs often partner on projects with the Nebraska Department of Natural Resources, the Nebraska Department of Environmental Quality, the Nebraska Game and Parks Commission, as well as other organizations.
Whether you're looking for a quiet fishing hole, a hiking area or bike path, a place to hunt or camp, or just a scenic spot to enjoy a picnic, chances are you can find what you're looking for by visiting www.nrdrec.org. “A Nebraska Outdoor Recreation” app is currently awaiting approval from Apple and will be available at no cost for the iPhone, iPod Touch, and iPad from the iTunes App Store.
The Nebraska Association of Resources Districts (NARD), the trade association for Nebraska's 23 natural resources districts, works with individual NRDs to protect lives, protect property, and protect the future of Nebraska’s natural resources. These districts are unique to Nebraska. NRDs are local government entities with broad responsibilities to protect our natural resources. Major Nebraska river basins form the boundaries of the 23 NRDs, enabling districts to respond best to local conservation and resource management needs. To learn more about Nebraska NRDs visit www.nrdnet.org.
Over 31,000 Conservation Trees Planted in 2011
It was an average year for tree orders at the Lower Niobrara NRD. The NRD ordered 31,825 trees and shrubs from three different nurseries to meet the requests for trees this year. We had sixteen different species of shrubs, eight species of broadleaf trees to choose from, and seven species of evergreens. The number of trees planted remains somewhat steady due in large part, to the Natural Resource Conservation Service’s cost share programs for the installation of windbreaks in CRP and EQUIP sites. The NRD had over 11,000 trees sold as hand plants and the remaining trees were machine planted on 37 sites. The NRD also sold about 325 rolls of conservation mulch, which is equal to over 30 miles and 100 4X4 weed mats. These are used to reduce the competition of vegetation and help retain soil moisture for the newly planted trees.
Local NRCS offices assisted in the design and coordination of the program. Charles Mix Conservation District provided two crews to do the machine planting, with Nick Stotz,supervisor.
The trees were planted for a variety of uses such as renovation of old farmstead windbreaks, new farmstead windbreaks, field windbreaks, livestock windbreaks and wildlife habitat plantings.
To increase the survival of the newly planted trees they need to be closely monitored for the first few years. Weed and grass competition along with lack of water are the main factors that determine if the seedling tree will survive or not. On average, with proper care, an 80 - 90% survival of seedling trees is common. Conservation mulch greatly helps in reducing weed and grass competition and reduces moisture loss, but one needs to remove any weeds and/or grass that grows directly around the tree. Monitoring the soil moisture is also very important. If conditions are hot and windy the trees will require frequent watering—even if conservation mulch has been installed. Check the soil directly around the tree opening; if the top 1 to 1.5 inches of soil is dry, it is time to water the trees. Proper moisture is especially critical as the root system of the tree begins to grow. As the tree ages the frequency of watering can be reduced, this will allow the roots to expand out in search of moisture and nutrients, which will strengthen the trees ability to withstand adverse conditions.
We would like to thank everyone for their help and cooperation and a special thanks to the producers for planting conservation trees and we look forward to serving you again next year.
Local NRCS offices assisted in the design and coordination of the program. Charles Mix Conservation District provided two crews to do the machine planting, with Nick Stotz,supervisor.
The trees were planted for a variety of uses such as renovation of old farmstead windbreaks, new farmstead windbreaks, field windbreaks, livestock windbreaks and wildlife habitat plantings.
To increase the survival of the newly planted trees they need to be closely monitored for the first few years. Weed and grass competition along with lack of water are the main factors that determine if the seedling tree will survive or not. On average, with proper care, an 80 - 90% survival of seedling trees is common. Conservation mulch greatly helps in reducing weed and grass competition and reduces moisture loss, but one needs to remove any weeds and/or grass that grows directly around the tree. Monitoring the soil moisture is also very important. If conditions are hot and windy the trees will require frequent watering—even if conservation mulch has been installed. Check the soil directly around the tree opening; if the top 1 to 1.5 inches of soil is dry, it is time to water the trees. Proper moisture is especially critical as the root system of the tree begins to grow. As the tree ages the frequency of watering can be reduced, this will allow the roots to expand out in search of moisture and nutrients, which will strengthen the trees ability to withstand adverse conditions.
We would like to thank everyone for their help and cooperation and a special thanks to the producers for planting conservation trees and we look forward to serving you again next year.
Lower Niobrara Natural Resources District Receives Grant
from
Nebraska Environmental Trust
Lincoln, NE – April 10, 2009 – Lower Niobrara Natural Resources District (LNNRD) announced today that it will receive $20,000 from the Nebraska Environmental Trust for the “Irrigation Water Management Monitoring Program”. The Trust Board announced funding for the project at its meeting on April 2, 2009 in Lincoln. This is the first year of award with a potential for second and third year funding totaling $60,000. The project is one of the 82 projects receiving $15,065,944 in grant awards from the Nebraska Environmental Trust (NET) this year.
Funding from NET will be used to provide flowmeters for interested landowners participating in monitoring programs within the Lower Niobrara Natural Resources District (LNNRD). A flowmeter, depending on model and brand costs roughly $1,400 plus installation. Trust funds will provide 50%, Lower Niobrara NRD 25% and the producer is responsible for 25% of the cost of each flowmeter installed. The LNNRD includes parts of five counties in northern Nebraska, and encompasses approximately 1,699,200 acres consisting primarily of agricultural land. Around 200,000 acres are irrigated by 1,700 high capacity wells with an average well irrigating 133 acres. Each of the thirteen communities and all rural residents in the District depend on groundwater for their water supply. Groundwater levels in the LNNRD have fluctuated between two to five feet on average during the last five years. Drier than "normal" conditions in combination with a newly developed water law, LB962, has prompted a large amount of new irrigation well development. The LNNRD estimates nearly 40,000 new acres have been developed for irrigation since January of 2000. Quantifying the amount of groundwater utilized for irrigation is essential for water and nitrate management. Having a better understanding of total amount of water irrigated along with pumping rates gives the landowners an ability to keep up with crop water requirements. Better information on the amount of water withdrawn from the aquifer used in combination with changes in static water levels will provide the LNNRD board of directors and other policy makers with a key piece of information when updating a quantity management section to the Groundwater Management Plan.
The Nebraska Legislature created the Nebraska Environmental Trust in 1992. Using revenue from the Nebraska Lottery, the Trust has provided over $142 million in grants to 1,134 projects across the state. Anyone – citizens, organizations, communities, farmers and businesses – can apply for funding to protect habitat, improve water quality and establish recycling programs in Nebraska. The Nebraska Environmental Trust works to preserve, protect and restore our natural resources for future generations.
Funding from NET will be used to provide flowmeters for interested landowners participating in monitoring programs within the Lower Niobrara Natural Resources District (LNNRD). A flowmeter, depending on model and brand costs roughly $1,400 plus installation. Trust funds will provide 50%, Lower Niobrara NRD 25% and the producer is responsible for 25% of the cost of each flowmeter installed. The LNNRD includes parts of five counties in northern Nebraska, and encompasses approximately 1,699,200 acres consisting primarily of agricultural land. Around 200,000 acres are irrigated by 1,700 high capacity wells with an average well irrigating 133 acres. Each of the thirteen communities and all rural residents in the District depend on groundwater for their water supply. Groundwater levels in the LNNRD have fluctuated between two to five feet on average during the last five years. Drier than "normal" conditions in combination with a newly developed water law, LB962, has prompted a large amount of new irrigation well development. The LNNRD estimates nearly 40,000 new acres have been developed for irrigation since January of 2000. Quantifying the amount of groundwater utilized for irrigation is essential for water and nitrate management. Having a better understanding of total amount of water irrigated along with pumping rates gives the landowners an ability to keep up with crop water requirements. Better information on the amount of water withdrawn from the aquifer used in combination with changes in static water levels will provide the LNNRD board of directors and other policy makers with a key piece of information when updating a quantity management section to the Groundwater Management Plan.
The Nebraska Legislature created the Nebraska Environmental Trust in 1992. Using revenue from the Nebraska Lottery, the Trust has provided over $142 million in grants to 1,134 projects across the state. Anyone – citizens, organizations, communities, farmers and businesses – can apply for funding to protect habitat, improve water quality and establish recycling programs in Nebraska. The Nebraska Environmental Trust works to preserve, protect and restore our natural resources for future generations.
