46-719 Interrelated Water Review Board; created; members; powers and duties.
46-719. Interrelated Water Review Board; created;members; powers and duties.(1)(a) The Interrelated WaterReview Board is created for the purposes stated in subsections (2) through(5) of this section. The board shall consist of five members. The board, whenappointed and convened, shall continue in existence only until it has resolveda dispute referred to it pursuant to such subsections. The Governor shallappoint and convene the board within forty-five days of being notified ofthe need to resolve a dispute. The board shall be chaired by the Governoror his or her designee, which designee shall be knowledgeable concerning surfacewater and ground water issues. The Governor shall appoint one additional memberof his or her choosing and shall appoint the other three members of the boardfrom a list of no fewer than six nominees provided by the Nebraska NaturalResources Commission within twenty days after request by the Governor fora list of nominees.(b) Not more than two members of the board shall reside in the geographicarea involved in the dispute. A person is not eligible for membership on theboard if the decisions to be made by the board would or could cause financialbenefit or detriment to the person, a member of his or her immediate family,or a business with which the person is associated, unless such benefit ordetriment is indistinguishable from the effects of such action on the publicgenerally or a broad segment of the public. The board shall be subject tothe Open Meetings Act.(c) For purposes of subsections (2) and (3) of this section, actionmay be taken by a vote of three of the board's five members. For purposesof subsections (4) and (5) of this section, action may be taken only by avote of at least four of the board's five members.(2)(a) If the Department of Natural Resources and the affected naturalresources districts cannot resolve disputes over the content of a basin-wideplan or an integrated management plan by utilizing the process described insections 46-715 to 46-718, the Governor shall be notified and the disputesubmitted to the Interrelated Water Review Board. When the board has beenappointed and convened to resolve disputes over a basin-wide plan, the departmentand each affected district shall present their proposed basin-wide plans tothe board. When the board has been convened to resolve disputes over an integratedmanagement plan, the department and each affected natural resources districtshall present their (i) proposed goals and objectives for the integrated managementplan, (ii) proposed geographic area to be subject to controls, and (iii) proposedsurface water and ground water controls and any proposed incentive programfor adoption and implementation in the river basin, subbasin, or reach involved.The department and each affected natural resources district shall also begiven adequate opportunity to comment on the proposals made by the other partiesto the dispute.(b) When the Interrelated Water Review Board concludes that the issuesin dispute have been fully presented and commented upon by the parties tothe dispute, which conclusion shall be made not more than forty-five daysafter the board is convened, the board shall select the proposals or portionsof proposals that the board will consider for adoption and shall scheduleone or more public hearings to take testimony on the selected proposals. Thehearings shall be held within forty-five days after the board's selectionof proposals to consider for adoption and shall be within or in reasonableproximity to the area that would be affected by implementation of any of theproposals to be considered at the hearings. Notice of the hearings shall bepublished as provided in section 46-743. The cost of publishing the noticeshall be shared by the department and the affected natural resources districts.All interested persons may appear at the hearings and present testimony orprovide other evidence relevant to the issues being considered.(c) Within forty-five days after the final hearing pursuant to subdivision(b) of this subsection, the Interrelated Water Review Board shall by order,as applicable, adopt a basin-wide plan or an integrated management plan forthe affected river basin, subbasin, or reach and, in the case of an integratedmanagement plan, shall designate a ground water management area for integratedmanagement or an integrated management subarea for such river basin, subbasin,or reach. An integrated management plan shall be consistent with subsection(2) of section 46-715, and the surface water and ground water controls andany applicable incentive programs adopted as part of that plan shall be consistentwith subsection (4) of section 46-715. Thecontrols adopted by the board shall not be substantially different from thosedescribed in the notice of hearing. The area designated as a ground watermanagement area or an integrated management subarea shall not include anyarea that was not identified in the notice of the hearing as within the areaproposed to be subject to the controls in the plan.(d) The order adopted under this subsection shall be published in themanner prescribed in section 46-744.(e) Surface water controls adopted by the Interrelated Water ReviewBoard shall be implemented and enforced by the department. Ground water controlsadopted by the Interrelated Water Review Board shall be implemented and enforcedby the affected natural resources districts.(3) Whether an integrated management plan is adopted pursuant to section 46-718 or by the Interrelated Water Review Board pursuant to subsection (2)of this section, the department or a natural resources district responsiblein part for implementation and enforcement of an integrated management planmay propose modification of the goals or objectives of that plan, of the areasubject to the plan, or of the surface water controls, ground water controls,or incentive programs adopted to implement the plan. The department and theaffected natural resources districts shall utilize the procedures in sections 46-715 to 46-718 in an attempt to reach agreement on and to adopt and implementproposed modifications. If agreement on such modifications cannot be achievedutilizing those procedures, either the department or an affected natural resourcesdistrict may notify the Governor of the dispute. The Interrelated Water ReviewBoard shall be appointed and convened in accordance with subsection (1) ofthis section to resolve the dispute and, if applicable, to adopt any modificationsutilizing the procedures in subsection (2) of this section.(4) The department and the affected natural resources districts mayalso raise objections concerning the implementation or enforcement of previouslyadopted surface water or ground water controls. The department and the affectednatural resources districts shall utilize the procedures in sections 46-715to 46-718 in an attempt to reach agreement on such implementation or enforcementissues. If agreement on such issues cannot be achieved utilizing such procedures,either the department or an affected natural resources district may notifythe Governor of the dispute. The Interrelated Water Review Board shall beappointed and convened in accordance with subsection (1) of this section.After permitting each party to fully express its reasons for its positionon the disputed issues, the board may either take no action or conclude (a)that one or more parties needs to modify its approach to implementation orenforcement and direct that such modifications take place or (b) that oneor more parties either has not made a good faith effort to implement or enforcethe portion of the plan or controls for which it is responsible or is unableto fully implement and enforce such portion and that such party's jurisdictionwith respect to implementation and enforcement of the plan and controls shallbe terminated and reassigned to one or more of the other parties responsiblefor implementation and enforcement. A decision by the Interrelated Water ReviewBoard to terminate and reassign jurisdiction of any portion of the plan orcontrols shall take effect immediately upon that decision. Notice of suchreassignment shall be published at least once in one or more newspapers asnecessary to provide general circulation in the area affected by such reassignment.(5) The board may be reconvened in accordance with subsection (1) ofthis section at a later date upon request to the Governor by the party forwhich jurisdiction for implementation and enforcement was terminated if suchparty desires to have its jurisdiction reinstated, but no such request shallbe honored until at least one year after the termination and not more thanonce per year thereafter. The board may reinstate jurisdiction to that partyonly upon a clear showing by such party that it is willing and able to fullyimplement and enforce the plan and any applicable controls. Notice that aparty's jurisdiction has been reinstated shall be provided in the same mannerthat notice of the earlier termination was given. SourceLaws 2004, LB 962, § 59; Laws 2006, LB 1226, § 26; Laws 2009, LB54, § 4. Cross ReferencesOpen Meetings Act, see section 84-1407.