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Show NEBRASKA 465 2.2 Resolution of Water Use Conflicts It has already been noted in section 1, supra, that litigation in the courts between private parties has been the primary means of resolv- ing water use conflicts in Nebraska. It has also been observed in section 2.1 above that protests and conflicts concerning new applica- tions to appropriate water are resolved initially by the department of water resources with a direct appeal therefrom to the State supreme court. 2.3 0 ther Agencies Having Water Resource Responsibilities A. WATER QUALITY CONTROL In 1971, Nebraska adopted a comprehensive Environmental Pro- tection Act19 which established the environmental control council as the organization primarily responsible for the control of air, water, and land pollution. The department of environmental control is established as the agency to administer the act. Water pollution is defined, and the department is given authority to adopt water quality standards for all waters in the State, in accordance with applicable Federal legislation. A permit system for discharging wastes is au- thorized, and polluters are to be given a reasonable time within which to comply with water quality standards. B. PUBLIC AGENCIES 20 Public irrigation districts are treated at length in the Nebraska statutes.21 Their constitutionality was upheld in an early case.22 Reclamation districts may also be organized under legislation pat- terned after a Colorado Act.23 The Colorado Supreme Court has upheld the constitutionality of this legislation.24 Five ground water conservation districts 26 and several water districts26 exist along with public power and irrigation districts,27 drainage districts,28 and sani- tary and improvement districts.29 Nebraska has also created, statewide, 24 multipurpose districts, known as natural resources districts, to deal with all water and re- lated land resource activities.80 These districts are organized to con- form generally to river basins and, in addition to numerous other functions, have assumed responsibility for all activities carried out by soil and water conservation districts, watershed districts, water- shed conservancy districts, advisory watershed improvement boards, and watershed planning boards. *> Sees. 81-1501 to 81-1532 (1971 supp.). 80 On this and the following section, see Waters and Water Bights, 368-147 (R. Clark ed. 1970). a Sees. 46-101 to 46-1154. «a Board of Directors of Alfalfa Irr. Dist. v. Collins, 46 Neb. 411, 64 N.W. 1086 (1895). 23 Sees. 46-501 to 46-587 (as amended in the 1971 supp.). 84 See People ex rel. Rogers v. Let ford, 102 Colo. 284, 79 P. 2d 274 (1938). M Nebraska Mid-State Reclamation Dist. v. Hall County, 152 Neb. 410, 41 N.W. 2d 397 (1950). 29 Sees. 46-614 to 46-634 (as amended in the 1971 supp.). « Sees. 70-601 to 70-672. 28 Sees. 31-301 et seq. and 31-401 et seq. 29 Sees. 31-701 to 31-766. 80 Sees. 2-3201 to 2-3262. |