454 Neb. Admin. Code, ch. 9, § 001

Current through September 17, 2024

Section 454-9-001 - DEFINITIONS

The following definitions shall apply:

001.01. Proceeding shall mean the form and manner of conducting business before the Department. Types of proceedings include:

001.01(A). Informal proceeding shall mean any business conducted other than through a formal proceeding or a ministerial proceeding.

001.01(B). Formal proceedings shall include, but not be limited to, business conducted under the provisions of:

001.01(B)(i). chapter 4 of these rules, Negotiated Rule Making;

001.01(B)(ii). chapter 5 of these rules, Petitioning for Rulemaking;

001.01(B)(iii). chapter 6 of these rules, Declaratory Orders;

001.01(B)(iv). chapter 7 of these rules, Contested Cases;

001.01(B)(v). Rulemaking hearings held under the provisions of the Administrative Procedures Act, Neb. Rev. Stat. §§ 84-901 to 84-909;

001.01(B)(vi). chapter 10 of these rules, Public Hearings;

001.01(B)(vii). Public meetings held under the provisions of the Open Meetings Act, Neb. Rev. Stat. §§ 84-1407 to 84-1414; or

001.01(B)(viii). Any application or petition filed pursuant to the Department's jurisdiction.

001.01(C). Ministerial proceedings shall mean the action of the Department performed in a prescribed manner under certain authorities of the Department based upon a given state of facts. Ministerial actions include, but are not limited to the following:

001.01(C)(i). Administration of surface water based upon first in time is first in right, Neb. Rev. Stat. § 46-203 and distribution of water in accordance with the rights of priority, Neb. Rev. Stat. § 61-216;

001.01(C)(ii). Administration of surface water for a riparian water right that has been recognized in a court order, Neb. Rev. Stat. § 46-226;

001.01(C)(iii). Administration of surface water pass inflow through a reservoir when needed for livestock, Neb. Rev. Stat. § 46-241(5);

001.01(C)(iv). Administration of surface water when a person takes water without authority, Neb. Rev. Stat. § 46-254;

001.01(C)(v). Administration of surface water for failure to install a measuring device, Neb. Rev. Stat. § 46-256;

001.01(C)(vi). Denying the right to divert surface water if an acreage report is required, or map transfer information is required, or a gage is to be installed or a report is required and an appropriator does not comply, Neb. Rev. Stat. § 46-261; or

001.01(C)(vii). Administration of a surface water appropriation because of overflow on roads as described under Neb. Rev. Stat. § 46-266.

454 Neb. Admin. Code, ch. 9, § 001

Amended effective 8/19/2023