Water Center, The
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Nebraska, like most states, imposes a “public interest” review on applications for water appropriations, changes and transfers. However, Nebraska statutes do not provide any specific public interest criteria for use in evaluating applications for new water appropriations or intra-basin transfers. Under Neb. Rev. Stat. § 46-234, an application for a water appropriation may be refused when denial is demanded by the public interest. The director of the Department of Natural Resources (DNR) has the duty of determining whether the public interest demands the denial of a water appropriation, but is given no express statutory criteria to provide assistance in making that decision.
From NU Water-Related Research in Brief: Information for Nebraska's Water Resources Decision-Makers, online at http://watercenter.unl.edu/WRRI/WRRIWaterResearchPapers.asp