Rule Amendments

December 17, 2018


1. Nebraska Revised Statutes § 46-701 et seq., provides the authority for the adoption and amendment of rules and regulations for the management of groundwater.

2. Notice of the Dec. 13, 2018, public hearing on the proposed rule and regulation amendments was published in accordance with state law in the following newspapers in general circulation in the Upper Elkhorn NRD: (a) Holt County Independent, (b) Rock County Leader, (c) Neligh News and Leader, (d) Atkinson Graphic, (e) Antelope County/Orchard News, (f) Clearwater Record/Ewing News and (g) Elgin Review.

3. Notice of the public hearing and a full copy of the proposed rule and regulation amendments were posted on the UENRD website at www.uenrd.org. Copies of the proposed rules and regulation amendments were also made available from the UENRD office in O’Neill, Nebraska at the time of publication of the newspaper notices identified above.

4. The public hearing was held on Dec. 13, 2018 in accordance with state law and as noticed. All persons present at the public hearing were afforded an opportunity to provide oral or written testimony regarding the proposed rule and regulation amendments.

5. The record of the public hearing was held open for the receipt of mailed, written testimony until the close of the public hearing. Copies of all written testimony, personally provided at the public hearing or mailed, were made available to the UENRD board of directors for their consideration.

6. Testimony presented at the public hearing, whether written or oral, is part of the public hearing record on file with the UENRD office in O’Neill, Nebraska.

7. The UENRD board of directors considered all testimony and, in open session, at its regular board of directors meeting on Dec. 17, 2018, voted to approve the proposed rule and regulation amendments.

By the authority vested in the Upper Elkhorn Natural Resources District board of directors, by Nebraska law, it is hereby ordered:

1. The rule and regulation amendments adopted by the UENRD board of directors on Dec. 17, 2018, attached hereto and fully incorporated herein, are adopted and shall become effective Feb. 1, 2019.

Signed by

Thomas E. Kelly,

UENRD Chairman

Dennis Schueth,

General Manager

1. The board of directors of the Upper Elkhorn Natural Resources District held a public hearing at 2:30 p.m. on Dec. 13, 2018 at Knights of Columbus Hall, 410 West Douglas, in O’Neill, Nebraska 68763. The purpose of this hearing was to receive testimony relevant to the adoption of proposed amendments to the district’s rules and regulations. The proposed amendments were passed at the Dec. 18, 2018 board meeting. These amendments (controls) will become effective Feb. 1, 2019. A summary of the controls is as follows:

2. The controls establish a Phase III groundwater quality management area, which includes the lands described as follows:

Antelope County:

Sections 1-36, Township 28- Range 5;

Sections 1-36, Township 28- Range 6;

Sections 1-36 Township 28- Range 7;

Sections 1-36, Township 28- Range 8;

Sections 1-36, Township 27-Range 5;

Sections 1-36, Township 27-Range 6;

Sections 1-36, Township 27-Range 7;

Sections 1-36, Township 27-Range 8;

Sections 1-36, Township 26-Range 5;

Sections 1-36, Township 26-Range 6;

Sections 1-36, Township 26-Range 7;

Sections 1-36, Township 26-Range 8;

Sections 1-36, Township 25-Range 5 and

Sections 1-36, Township 25-Range 6

Holt County:

Sections 19-36, Township 31- Range 16;

Sections 1-36, Township 30- Range 15;

Sections 19-21, 28-33, Township 30-Range 14;

Sections 4-9, 16-36, Township 29-Range 13;

Sections 19-36, Township 29- Range 10;

Sections 1-36, Township 28- Range 9 and

Sections 1-36, Township 27- Range 9

Portions of Township 28-Range 10 W and Township 29-Range 11W; which are north of U.S. Hwy. 20/275 and within the Upper Elkhorn NRD.

Wheeler County:

Sections 1-36, Township 24-Range 12

Rock County:

Sections 19-36, Township 31-Range 17

3. The controls are limited to the controls in Phase III groundwater quality management areas.

4. The controls authorize randomized soil sampling on lands located within Phase III areas to determine residual nitrate-nitrogen levels. The soil samples will be collected in the fall from fields that have been harvested. Depending on the levels of nitrate-nitrogen collected from the samples, future reductions in the application of nitrate-nitrogen may be required along with meetings with district staff.

5. The controls authorize the district to issue orders to cease the application of nitrogen, cease irrigation, reduce or remove certified irrigated acres and such other measures as authorized by law for persons who fail to attain the necessary nitrate-nitrogen levels after three years.

6. The controls repeal prior rules regarding fertility, pest and irrigation management plans.

7. Copies of the full text of the controls may be obtained at, or by contacting, the Upper Elkhorn NRD, 301 North Harrison Street, O'Neill, Nebraska 68763, telephone number 402-336-3867.

Publish December 27, 2018; January 3 and January 10, 2019



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