These standards will not apply to:
013.01 Waters below existing hydroelectric plants during periods of approved sluicing activities, provided the hydroelectric plant was operational prior to May 10, 1982. The Department will determine when sluicing activities will be allowed. 013.01A Sluicing activities will be conducted in such a manner as to minimize any harmful effects on assigned beneficial uses.013.01B Sluicing is not to occur immediately before or during critical reproductive periods of identified key species.013.01C In the event that the sluicing activity has been determined to have a deleterious impact on the aquatic biota of the State waters, the operator is to pay to the Game and Parks Commission annually the lesser of A., $ 5000.00, or B., 20% of the annual damages, which is the fair market mitigation to the fisheries resulting from the sluicing activity.013.02 Waters within canals designated as segments in Chapter 5 during periods of dewatering which are required for or may result from repair, maintenance, inspection, non-diversion periods, force majeure or public safety.117 Neb. Admin. Code, ch. 2, § 013
Amended effective 6/24/2019