PLAN ELEMENTS & STRUCTURE
There are 2 types of plans developed jointly by NDNR and the 23 Natural Resource Districts. These are quite detailed, often written as if they were legal documents. Did not see any “Table of Contents”
* “Integrated Management Plans” – by NDNR and a SINGLE NRD. Some are voluntary and some are required by the state. Specific data that must be considered is specified by law.
* “Basin Plans” – involves coordination betwenn NDR and multiple NRDs in a basin.
NRDR must provide an annual report on expected long-term availability of hydrologically connected water supplies for every basin that is not fully or overappropriated or for which a status change had not occurred with the past 4 years.
PROCESS
* In 2000, 2 agencies, NRC and NDNR,merged and began implementing a collaborative water planning process. In 2004, the legislature estabished a formal, collaborative sate and local process that recognized the connectivity of groundwater and surface water. The planning process is now “decentralized.”
* Over 12 of the 23 NRDs have approved plans
* Legislative Funds and Grants administered by the Dept of Natural Resources with statutory authority for approving projects and funding levels rest with the Natural Resources Commission
Stakeholder engagement:
* Extensive public hearing process.
* Formal stakeholder participation, especially in the development of a definition of “sustainability” at the local level.
* A series of meaningful, extremely informative newsletters about the process and issues.
Modeling: Various used
JURISDICTION
Classes of water: Did not investigate
Pre-existing rights: Over a 5 year period, a set of rules and a methodology for handling water management issues in “fully appropriated basins” were developed. (See attached timeline).
Interagency jurisdiction:
* Integrated Water Management Division provides technical expertise and planning coordination for the participating agencies: NDNR, NRDs, NDA, NGPC (** Holds surface water rights for some instream flows**), DHHS, NDEQ. The IWMD is responsible for the “Integrated Management Plans.”
* Delegation of responsibility depends on the management goal (quantity or quality) and the location of the water supply (surface or groundwater):
QUANTITY:
NE Dept Natural resources: surface water
NRDs & NDNR: groundwater quantity; jointly responsible for surface water and groundwater integrated management planning.
QUALITY:
NE Dept Env. Quality: surface water quality.
NRDs: groundwater quality, nonpoint source
NEDQ: point source water pollution issues
PRIORITIZATION AND VALUES
Allocation: See “Preexisting Rights” above.
Basin prioritization: Not clear at this writing, but see “Basin Plans” above
OTHER
Attachments: Planning maps, FAB timelines, process flowchart
Timeline for Assessment and Potential Modification of the Department’s Rules Related to its Determination of Fully Appropriated Basins, Subbasins, or Reaches
2014December 31, 2014 / Deadline for public comments on latest draft of rules.
December 2014 / The Department holds public question and answer sessions at the following locations and times:
Date / Time / Location
Wednesday, December 10, 2014 / 9:00am / Norfolk - Holiday Inn Express920 S. 20th Street
Wednesday, December 10, 2014 / 2:30pm / Valentine - Niobrara Lodge
803 E. Hwy 20
Thursday, December 11, 2014 / 8:00am / Scottsbluff - Hampton Inn
301 W. Hwy 26
Thursday, December 11, 2014 / 3:30pm / Kearney - Holiday Inn Express
208 2nd Ave. South
Monday, December 15, 2014 / 9:00am / Beatrice - Holiday Inn Express
4005 N. 6th Street
Monday, December 15, 2014 / 2:00pm / Lincoln - Nebraska State Office Building
301 Centennial Mall South
Letter regarding these public meetings
Presentation given at these public meetings
October 7, 2014 / The Department releases a revised draft of the rules for review. This revised draft builds from the September 17, 2013 draft and feedback received via the online survey conducted in June 2014.
June 2014 / The University of Nebraska Public Policy Center provides an online survey to rules stakeholders aimed at identifying desirable elements of a new rule and perceived deficiencies of the current rule.
January 2014 / The Department releases its INSIGHT website. The website provides the results of several basin analyses using the same concepts outlined in the draft rule. The Department also provides rules stakeholders a letter informing them of the INSIGHT release.
2013
Fall 2013 / The Department assesses comments from the public hearing process and determines whether the rules will be finalized.
September 17, 2013 / The Department holds a public hearing on the draft rules for final public comment on the draft rules at 1:00 pm (CDT) at the Fairfield Inn & Suites, 510 Talmadge Rd., Kearney, Nebraska.
Final draft rules for September 17, 2013, hearing (clean version without redline changes).
Final draft rules with redline showing changes to the April 8, 2013, proposed draft rules.
Final draft rules with redline showing changes to the current rules.
The Department's current rules, adopted December 4, 2006
August 14, 2013 / Public notice for public hearing on draft rules posted to Department's website and Facebook page. Notice also published in nine newspapers across the state for 30-day notice.
June 2013 / The University of Nebraska Public Policy Center finalizes their "Report of Public Response to the Potential Modification of Rules Related to the Determination of Fully Appropriated Basins, Subbasins, or Reaches" for the Department
April 2013 through June 2013 / The Department holds public question and answer sessions at the following locations and times:
Date / Time / Location
Monday, May 13, 2013 / 9:00am-11:00am / Norfolk - Holiday Inn Express
Meeting Room B
920 S. 20th Street
Monday, May 13, 2013 / 4:00pm-6:00pm / Valentine - Niobrara River Lodge
Minnechaduza Room
803 E. Hwy 20
Tuesday, May 14, 2013 / 8:00am-10:00am / Scottsbluff - Hampton Inn & Suites
Sandstone Room
301 W. Hwy 26
Tuesday, May 14, 2013 / 4:30pm-6:30pm / Kearney - Holiday Inn Hotel and Convention Center
Room D
110 Second Avenue
Wednesday, May 15, 2013 / 9:00am-11:00am / Beatrice - Holiday Inn Express
Lincoln-Omaha Room
4005 N. 6th Street
Thursday, May 16, 2013 / 1:30pm-3:30pm / Lincoln - Nebraska State Office Building
Lower Level F
301 Centennial Mall South
The purpose of these sessions is to obtain feedback on the draft rules so that final draft rules can be developed for subsequent hearings. Comments on the draft rules and methods may also be provided online.
Letter regarding these public meetings
Presentation given at these public meetings
April 2013 / The Department disseminates new draft rules for a 60-day public comment period ending June 7th. In addition to the draft rules and methods, a final report from the consultants is published and datasets utilized in their analyses are made publically available.
Final Report
Supporting data for the final report
The Department's Draft Rules
The Department's Draft Methods
News release
January 2013 / The Consultants present at the NARD Legislative Conference in Lincoln
Presentation
January 2013 / The Consultants finalize testing of the new conceptual approach with final recommendations for the entire Platte Basin. This culminates in a stakeholder meeting at the Central Platte NRD where invited participants include diverse water interests from across the state. The Department also lays out its plan for public review of the new rules changes.
Presentation
2012
November 2012 / The Department presents on the new conceptual approach at the UNL Water:Science, Practice, and Policy Conference.
Presentation
August 2012 / The Consultants present on the new conceptual approach at the NRD managers meeting hosted by Papio-Missouri River Natural Resources District in Omaha.
Presentation
2011
Fall 2011 through present / Periodic updates are provided by the Central Platte NRD and the Department at the Platte Overappropriated Committee Meetings held in North Platte. The study is a reoccurring agenda item for discussion at each meeting. The Department, OA Platte Basin NRDs, and various other water interests in the overappropriated portion of the Platte River Basin are in attendance at these meetings.
Fall 2011 through Fall 2012 / The conceptual approach is expanded to test increasing complexities associated with the overappropriated portion of the Platte River Basin.
Fall 2011 / Comments and feedback from the stakeholder meeting are evaluated and incorporated in a final report. This report, detailing the conceptual approach, is made publicly available and includes modifications recommended at the stakeholder meeting.
2010
Spring 2010 through Spring 2011 / The Consultants finalize initial testing of the new conceptual approach with tested recommendations. This culminates in a stakeholder meeting at the Central Platte NRD where invited participants include diverse water interests from across the state.
Presentation
Spring 2010 / Central Platte NRD and Twin-Platte NRD, representing all of the Overappropriated Platte River Basin NRDs, receives state funding through the Interrelated Water Management Plan Program Funds to support evaluation of the Department's current rules related to its Determination of Fully Appropriated Basins, Subbasins, or Reaches and to work toward identifying the overall difference between overappopriated and fully appropriated.
Application
Spring 2010 / The Consultants are directed to perform a literature review of processes utilized in other states and under other water sharing agreements. This review was made available with recommendations of a new conceptual approach to the Department's evaluation process.
2009
Winter 2009 / Initial interviews are conducted by a consortium of Platte Basin interest, including the Natural Resources Districts and surface water irrigation and public power interest within the overappropriated area. These interviews result in awarding a contract to HDR and the Flatwater Group (Consultants).
Fall 2009 / Integrated Management Plans and the Basin-wide Plan in the Overappropriated portion of the Platte River Basin are completed.