What is required of you prior to Certifying and Transferring Ground Water Irrigated Acres?

TO BEGIN PROCESS:

*Must be the landowner or Power of Attorney for acres being certified.  Documentation needed.

*Historical documentation for ground water irrigation use acres for Niobrara Designation is based on years between 2003-2007 will receive 100% irrigated acre certification.  (Documentation:  FSA FORM 578 or County Assessors Acres designated as irrigated.  Must include aerial photo verifying location of irrigated acres for that year.  Documentation should be for acres Actually watered.)

*Historical documentation for ground water irrigation use acres for Lower Platte River Basin Designation is based on years between 2004-2008 will receive 100% irrigated acre certification. (Documentation:  FSA FORM 578 or County Assessors Acres designated as irrigated. Must include aerial photo verifying  location of irrigated acres for that year.  Documentation should be for acres Actually watered.)

*Historical ground water irrigation use acres to be documented prior to appropriate Basin criteria (stated above) will be certified at 95%.  Must include aerial photo verifying location of irrigated acres for that year.  Documentation should be for acres Actually watered.  (Example: last time 130 acres irrigated in Niobrara River Designation was 2000; cooperator can only certify 123.5 acres.  130 acres x 95% = 123.5 acres)

CERTIFYING GROUNDWATER IRRIGATED USE ACRES:    (Maps can be viewed at www.uenrd.org   Click on UENRD Groundwater Management and LB483 Maps heading)

1.  Ground water irrigated use acres being requested to be transferred must be certified first as described above.

2.  Things to check before coming to office: 

a)  The ground water irrigation use acres being transferred from and to must be in the same Lower Platte or Lower Niobrara River designation.

b)  The irrigated acres being transferred from and to must be in the same sub-district for static water levels.

            c)  Stream depletion factor must be higher in irrigated acres being transferred then the land being transferred to.

3. If more than four (4) ground water irrigation use acres are being transferred there must be Title Search/Leinholders notification done due to Nebraska State Statutes 46-739.01 and 46-739.02 

a)  Provide copy of title search to NRD, if more than 4 acres.    

b)  Upper Elkhorn NRD Leinholder Consent to Transfer form must be signed by the Leinholder.

c)  Fill out appropriate NRD GW Irrigated Acre Transfer Agreement Form.  (Both landowners will need to sign    and be notarized in the Upper Elkhorn NRD office)

d) Appropriate fee must be collected based off LB483 acre rates.  Those rates are:  25 acres and less is $75; otherwise, the fee is $3.00 per acre.

e)  Take documents to NRD Board for approval/denial at next scheduled board meeting.

f)  After application is approved by board, must apply for well permit if needing new irrigation well.

G) If ground water irrigation use acres are approved for transfer the acres must be recertified on acres transferred from on appropriate NRD forms.

4.  NRD representative files Public Notice of GW Irrigated acres transferred form at the County Register of Deeds. (This will be filed in misc records of the Register of Deeds.)  Filing fee for each legal description is based on $5.50 first sheet and .50 for additional sheets.  These rates are set by the State. 

5.  Appropriate documentation must be submitted to Nebraska Department of Natural Resources for change of ownership regarding irrigation wells and acres irrigated.

6.  Irrigation wells that supplied water to ground water irrigated acres transferred must be decommissioned or converted to domestic use. (Livestock use is considered domestic use.)

Once you have gathered all the required information,

Please contact the Upper Elkhorn NRD office at 402-336-3867 to make an appointment!