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Show 360 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS occurrence and use of ground water in the state is essential to the development of a sound ground water policy."139 Consequently, the legislature has required the registration of all wells (except those used for domestic purposes140 and wells of municipal suppliers141) and the regulation of well drillers.142 Domestic use of ground water is given a preference over all other uses; agricultural uses are given a preference over manufacturing or industrial uses.143 Brief provisions regarding artesian waters prohibit the waste of these waters and provide a penalty if waste occurs.144 The legislature has declared that the pumping of water for irrigation purposes from pits located within 50 feet of any natural stream bank may have a direct effect on the surface flow of such stream and requires a permit for pumping from such pits. In acting on such a permit application, the Director of Water Resources shall take into account the effect such pumping may have on the amount of water in the stream and its ability to meet the requirements of appropriators from the stream.14S The statutes provide for a minimum spacing of 600 feet between irrigation wells,146 except that special permits for the location of such wells within less than this minimum space may be granted by the Director of Water Re- sources.147 In acting on such special permit applications, the Director shall consider the size, shape, and irrigation needs of the property for which the 139Id. §46-601. "•"Domestic use of ground water means "all uses of ground water required for human needs as it relates to health, fire control, and sanitation and shall include the use of ground water for domestic livestock as related to normal farm and ranch operations." Id. §46-613. 141 Cities, villages, and municipal corporations supplying water to cities and villages may avail themselves of the provisions of §§46-638 to -650 relating to permits for (1) locating, developing, and maintaining ground water supplies and transporting water into the area to be served by the city, village, or municipal corporation, and (2) continuing existing use of ground water and transportation of ground water into the area served by the city, village, or municipal corporation. 142/rf. §§46-601 to-607. 143 J<2. §46-613. With respect to preference provisions regarding surface watercourses, see the dis- cussion at notes 39-43 supra. 144Nebr. Rev. Stat. § §46-281 and -282 (1968). I45/d § §46-636 and-637. 146 But this does not apply to the location of more than one irrigation well by a landowner on his own farm, so long as each such well is at least 600 feet from another irrigation well on a neighboring farm under separate ownership. Nor does this apply to wells used for irrigation of no more than 2 acres of lawns and gardens for family use or profit, or wells used solely for domestic, culinary, or stock use on a ranch or farm. Any irrigation well which replaces an irrigation well drilled prior to September 20, 1957, and which is less than 600 ft. from another irrigation well, shall be drilled within 50 ft. of the old well. 147/d. §§46-608 to-612. |