Nebraska Statutes 46-2,115. Application for instream appropriation; approval; when
An application for an instream appropriation which is pending on or filed after January 1, 1997, shall be approved by the director if he or she finds that:
Terms Used In Nebraska Statutes 46-2,115
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
(1) In order to allow for future beneficial uses, there is unappropriated water available to provide the approved instream flow rate at least twenty percent of the time during the period requested;
(2) The appropriation is necessary to maintain the existing recreational uses or needs of existing fish and wildlife species;
(3) The appropriation will not interfere with any senior surface water appropriation;
(4) The rate and timing of the flow is the minimum necessary to maintain the existing recreational uses or needs of existing fish and wildlife species; and
(5) The application is in the public interest.
The application may be granted for a rate of flow that is less than that requested by the applicant or for a shorter period of time than requested by the applicant.