Application for instream appropriation; approval; when.
Neb. Rev. Stat. § 46-2,115
in effect46-2,115. Application for instream appropriation; approval; when.
An application for an instream appropriation shall be approved by the Chief Water Officer if he or she finds that:
(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.
Laws 1984, LB 1106, § 31; Laws 1985, LB 102, § 17; Laws 1997, LB 877, § 4; Laws 2000, LB 900, § 147; Laws 2025, LB317, § 130.
Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/statutes.php?statute=46-2,115Fetched: 10/20/2026