Nebraska Statutes 46-1207.01. Illegal water well, defined; landowner; petition for reclassification; when
(1) Illegal water well means any water well which has not been properly decommissioned and which meets any of the following conditions:
Terms Used In Nebraska Statutes 46-1207.01
- Abandoned water well: means any water well (1) the use of which has been accomplished or permanently discontinued, (2) which has been decommissioned as described in the rules and regulations of the Department of Environment and Energy, and (3) for which the notice of abandonment required by subsection (2) of section Nebraska Statutes 46-1204.01
- Active status water well: shall mean a water well which is in use and which is not an illegal water well. See Nebraska Statutes 46-1204.02
- Department: means the Department of Environment and Energy. See Nebraska Statutes 46-1207
- Inactive status water well: shall mean a water well that is in a good state of repair and for which the owner has provided evidence of intent for future use by maintaining the water well in a manner which meets the following requirements:
(1) The water well does not allow impairment of the water quality in the water well or of the ground water encountered by the water well. See Nebraska Statutes 46-1207.02
- Licensed water well contractor: means an individual who has obtained a license from the department and who is a principal officer, director, manager, or owner-operator of any business engaged in the construction or decommissioning of water wells. See Nebraska Statutes 46-1213
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Water well: shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground, obtaining hydrogeologic information, or extracting water from or injecting fluid as defined in section Nebraska Statutes 46-1212
(a) The water well is in such a condition that it cannot be placed in active or inactive status;
(b) Any necessary operating equipment has been removed and the well has not been placed in inactive status;
(c) The water well is in such a state of disrepair that continued use for the purpose for which it was constructed is impractical;
(d) The water well was constructed after October 1, 1986, but not constructed by a licensed water well contractor or by an individual on land owned by him or her and used by him or her for farming, ranching, or agricultural purposes or as his or her place of abode;
(e) The water well poses a health or safety hazard;
(f) The water well is an illegal water well in accordance with section 46-706 ; or
(g) The water well has been constructed after October 1, 1986, and such well is not in compliance with the standards developed under the Water Well Standards and Contractors’ Practice Act.
(2) Whenever the department classifies a water well as an illegal water well, the landowner may petition the department to reclassify the water well as an active status water well, an inactive status water well, or an abandoned water well.