Instream Flow in Nebraska - Water Resources Board

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Return Flows and Inefficiency• “If it weren’t for return flows off the farmer’s fields,these western Nebraska streams would be dry.”• “If the farmers were more efficient in their deliveryand use of water, they wouldn’t have to withdraw somuch out of the streams to begin with.”• “If we left more water in the streams, somebody elsewould want to use it.”• “The system was built upon and relies on waste andinefficiency. Upstream users have to be wasteful sodownstream users get their water.”• If we weren’t so wasteful, we’d use (consume) it all!
Nebraska Water Law 101• Nebraska Constitution Article XV, SS 6: The right todivert unappropriated waters for a beneficial purposeshall never be denied, except when such denial isdemanded by the public interest.• The doctrine of prior appropriations – First in Time,First in Right (Neb. Rev. Stat. SS 46-203).• The Public Trust Doctrine (never heard of it) – The useof the water of every stream within the state isdedicated to the people of the state for beneficialpurposes. Fish, wildlife and recreation are beneficialuses and the state has an obligation to protect allstreams for all people.
Page 1 and 2: Water for Fish, Wildlife, and Recre
Page 3: A Little About Nebraska• 97% of t
Page 6 and 7: Consumptive vs. Non-Consumptive Use
Page 10 and 11: Preference of Surface Water RightsP
Page 12 and 13: Instream Flow Appropriations• The
Page 14 and 15: Niobrara River # 3 ?• Niobrara Ri
Page 17 and 18: Niobrara River• The value of recr
Page 19 and 20: What to do?NGPC believes the presen
Page 21 and 22: What to Do?• Determine flows need
Page 23: Interstate Rivers• Nebraska is en

Instream Flow in Nebraska - Water Resources Board

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