Supreme Court Overturns Niobrara River Basin Status

On June 3, 2011, the Upper Elkhorn NRD received word that the Nebraska Supreme Court had reversed the January 2008 fully appropriated designation within the Niobrara River Basin.  The official notification from NDNR was received June 30, 2011 that the Niobrara River Basin fully appropriated status was reversed.  The original designation affected 233 square miles of the UENRD in extreme north western Holt County and northern and western areas of Rock County.  Since the Nebraska Supreme Court’s ruling current stays on new development may be lifted as long as the Natural Resources District has rules and regulations drafted within 120 days after NDNR notificaiton to monitor new groundwater uses.  What does this mean for landowners within the Upper Elkhorn NRD?  When the Rules and Regulations are adopted the affected area may be able to apply for the expansion of new groundwater use acres.  A public hearing will be held outlining the guidelines in the future.  These Rules and Regulations will be posted  on the UENRD website at www.uenrd.org.