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Show 362 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS water users within the district. Regulations may be adopted only after (1) a public hearing; (2) a determination by the board of directors following the hearing that such regulations will be in the interest of public health, safety, and welfare and in harmony with the State water plan developed by the Nebraska Soil and Water Conservation Commission; and (3) a referendum in which only the owners of existing wells within the district shall be eligible to vote. If a majority of the votes cast are in favor of the regulations, such regulations shall be deemed in effect.158 Determination of Conflicting Water Rights The Nebraska statutory procedure for determining conflicting water rights- originally enacted as a part of the water administrative statute of 1895-was based upon the Wyoming system, under which the administrative determina- tion of water rights is final unless appealed to the courts; but the statutory provisions of Nebraska were and are much more brief. Furthermore, the Wyoming water administrative agency was provided for by the original State constitution, which was not the case in Nebraska.159 Statutory provisions.-The water rights statute of Nebraska provides that the Department of Water Resources shall make proper arrangements for the determination of priority of right to use the public waters of the State160 and shall determine the same, the method of determining priority and amount of appropriation to be fixed by the Department.161 As each claim is finally adjudicated, the Department makes and enters of record an order determining and establishing the several priorities of right, the amount of each appropriation, and the character of use pertaining to each. Enlargements of appropriations are determined in like manner. Limitations- which do not apply to storage waters-are that no allotment from natural streamflow for irrigation shall exceed 1 cubic foot per second for each 70 acres of land, nor 3 acre-feet per acre during the calendar year, nor shall it exceed "the least amount of water that experience may hereafter indicate is necessary, in the exercise of good husbandry, for the production of crops." However, should it develop that the aforesaid statutory rate of withdrawal of water, in case of an appropriation to irrigate an area of 40 acres or less, is so small as to make proper distribution and application of the water impossible, then as much as the appropriator can use without waste may be allotted for a limited time so fixed as to give each appropriator his just share without violating prior rights.162 ls8Id. 159 See Crawford Co. v. Hathaway, 67 Nebr. 325, 365-366, 93 N.W. 781 (1903). 160 "Public waters" apparently includes waters of natural streams. See Nebr. Rev. Stat. §46-202 (1974), discussed at note 22 supra. 161 Nebr. Rev. Stat. §46-226 (1974). The Department "may refuse to allow any water to be used by claimants until their rights have been determined and made of record." Id. §46-209. 162Id. § §46-230 and -231. The original provision for issuing to each appropriator a |