61-218 Water Resources Cash Fund; created; use; investment; eligibility for funding; annual report; contents.
61-218. Water ResourcesCash Fund; created; use; investment; eligibility for funding; annual report;contents.(1) The Water Resources Cash Fund is created. Thefund shall be administered by the Department of Natural Resources. Transfersmay be made from the fund to the General Fund at the direction of the Legislature.Any money in the Water Resources Cash Fund available for investment shallbe invested by the state investment officer pursuant to the Nebraska CapitalExpansion Act and the Nebraska State Funds Investment Act.(2) The State Treasurer shall credit to the fund such money as is (a)transferred to the fund by the Legislature, (b) paid to the state as fees,deposits, payments, and repayments relating to the fund, both principal andinterest, (c) donated as gifts, bequests, or other contributions to such fundfrom public or private entities, and (d)made available by any department or agency of the United States if so directedby such department or agency.(3) The fund shall be expended by the department (a) to aid managementactions taken to reduce consumptive uses of water and to enhance streamflows or ground water recharge inriver basins, subbasins, or reaches which are deemed by the department overappropriatedpursuant to section 46-713 or fully appropriated pursuant to section 46-714or are bound by an interstate compact or decree or a formal state contractor agreement and (b) to the extent funds are not expended pursuant to subdivision(a) of this subsection, the department may conduct a statewide assessmentof short-term and long-term water management activities and funding needsto meet statutory requirements in sections 46-713 to 46-718 and 46-739 andany requirements of an interstate compact or decree or formal state contractor agreement. The fund shall not be used to pay for administrative expensesor any salaries for the department or any political subdivision.(4) It is the intent of the Legislature that two million seven hundredthousand dollars be transferred each fiscal year from the General Fund tothe Water Resources Cash Fund for FY2009-10 through FY2018-19.(5)(a) Expenditures from the Water Resources Cash Fund may be made tonatural resources districts eligible under subsection (3) of this sectionfor activities to either achieve a sustainable balance of consumptive wateruses or assure compliance with an interstate compact or decree or a formalstate contract or agreement and shall require a match of local funding inan amount equal to or greater than forty percent of the total cost of carryingout the eligible activity. The department shall, no later than August 1 ofeach year, beginning in 2007, determine the amount of funding that will bemade available to natural resources districts from the Water Resources CashFund and notify natural resources districts of this determination. The departmentshall adopt and promulgate rules and regulations governing application forand use of the Water Resources Cash Fund by natural resources districts. Suchrules and regulations shall, at a minimum, include the following components:(i) Require an explanation of how the planned activity will assure compliancewith an interstate compact or decree or a formal state contract or agreementas required by section 46-715 and the controls, rules, and regulations designedto carry out the activity; and(ii) A schedule of implementation of the activity or its components.(b) Any natural resources district that fails to implement and enforceits controls, rules, and regulations as required by section 46-715 shall notbe eligible for funding from the Water Resources Cash Fund until it is determinedby the department that compliance with the provisions required by section 46-715 has been established.(6) The Department of Natural Resources shall submit an annual reportto the Legislature no later than October 1 of each year, beginning in theyear 2007, that shall detail the use of the Water Resources Cash Fund in theprevious year. The report shall provide:(a) Details regarding the use and cost of activities carried out bythe department; and(b) Details regarding the use and cost of activities carried out byeach natural resources district that received funds from the Water ResourcesCash Fund. SourceLaws 2007, LB701, § 25; Laws 2009, First Spec. Sess., LB3, § 39; Laws 2010, LB689, § 1; Laws 2010, LB993, § 1.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB689, section 1, with LB993, section 1, to reflect all amendments. Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.