The Legislature finds, recognizes, and declares that the transfer of water to outside the boundaries of a river basin may have impacts on the water and other resources in the basin and that such impacts differ from those caused by uses of water within the same basin in part because any unused water will not be returned to the stream from which it is taken for further use in that river basin. The Legislature therefor recognizes the need to delineate factors for consideration by the Chief Water Officer of the Department of Water, Energy, and Environment when evaluating an application made pursuant to section 46-233 which involves an interbasin transfer of water in order to determine whether denial of such application is demanded by the public interest. Those considerations shall include, but not be limited to, the following factors:
(1) The economic, environmental, and other benefits of the proposed interbasin transfer and use;
(2) Any adverse impacts of the proposed interbasin transfer and use;
(3) Any current beneficial uses being made of the unappropriated water in the basin of origin;
(4) Any reasonably foreseeable future beneficial uses of the water in the basin of origin;
(5) The economic, environmental, and other benefits of leaving the water in the basin of origin for current or future beneficial uses;
(6) Alternative sources of water supply available to the applicant; and
(7) Alternative sources of water available to the basin of origin for future beneficial uses.
The application shall be deemed in the public interest if the overall benefits to the state and the applicant's basin are greater than or equal to the adverse impacts to the state and the basin of origin. The Chief Water Officer's order granting or denying an application shall specify the reasons for such action, including a discussion of the required factors for consideration, and shall document such decision by reference to the hearing record, if any, and to any other sources used by the Chief Water Officer in making the decision.
Notes of Decisions
Upper Big Blue Nat. Resources Dist. v. City of Fremont, 495 N.W.2d 23 (Neb. 1993).
· cites it 8× “In connection with issue f, § 46-289 provides, in part: “The application shall be deemed in the public interest if the overall benefits to the state and the applicant’s basin are greater than or equal to the adverse impacts to the state and the basin of origin.”
Upper Big Blue Nat. Resources Dist. v. City of Fremont, 499 N.W.2d 548 (Neb. 1993).
· cites it 9× “These appellees maintain that the director’s findings themselves, which focused on the public interest factors enumerated in Neb. Rev. Stat. § 46-289 (Reissue 1988), provided the basis for denial.”
In re Application A-19594, 995 N.W.2d 655 (Neb. 2023).
· cites it 4× “23 See § 46-289. 24 Id. - 317 - Nebraska Supreme Court Advance Sheets 315 Nebraska Reports IN RE APPLICATION A-19594 Cite as 315 Neb.”
Pyramid Lake Paiute Tribe of Indians v. Washoe Cnty., 918 P.2d 697 (Nev. 1996).
· cites it 4× “However, the Nevada Legislature has not adopted any water appropriation or environmental protection statute requiring or permitting the State Engineer to evaluate alternatives before granting permits. [5] In accordance with Nevada law, a board of county commissioners has the…”
Catherland Reclamation Dist. v. Lower Platte North Nat. Resources Dist., 433 N.W.2d 161 (Neb. 1988).
· cites it 2× “We note that Neb. Rev. Stat. § 46-289 (Reissue 1984) requires: The director’s order granting or denying an application shall specify the reasons for such action, including a discussion of the required factors for consideration, and shall document such decision by reference to…”
Cent. Platte Nat. Resources Dist. v. State, 512 N.W.2d 392 (Neb. Ct. App. 1993).
· cites it 3× “Wyoming asserts that, *995 pursuant to Neb. Rev. Stat. § 46-289 (Reissue 1988), the Director’s order must document his decision by reference to the hearing record and that because it did not, his order is inadequate and arbitrary.”
— Neb. Rev. Stat. § 46-289(4) — 1 case
Upper Big Blue Nat. Resources Dist. v. City of Fremont, 495 N.W.2d 23 (Neb. 1993).
“In connection with issue f, § 46-289 provides, in part: “The application shall be deemed in the public interest if the overall benefits to the state and the applicant’s basin are greater than or equal to the adverse impacts to the state and the basin of origin.”
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