Judges: WRITTEN BY: Paul L. Douglas, Attorney General, G. Roderic Anderson, Assistant Attorney General
Filed Date: 6/22/1981
Status: Precedential
Modified Date: 7/5/2016
REQUESTED BY: J. Michael Jess, Director, Department of Water Resources
May a municipality amend its permit to withdraw, transport and use ground water from wells by increasing the maximum amount permitted pursuant to Neb.Rev.Stat. §
No, a new application must be made and the director must comply with all requirements of Neb.Rev.Stat. §
Municipal water supply permits are authorized pursuant to Neb.Rev.Stat. §§
The director's discretion in the amount of water to be authorized under the permit is limited by the amount of the request in the application. Any grant must first have received a public hearing with notice, testimony, opportunity for adverse testimony, and specific finding of the reasonableness, benefit and lack of detrimental effect. No mention is made of modification except for failure of beneficial use.
It is our conclusion that no permit for municipal water supply may be amended or modified so as to be increased in the amount of water to be withdrawn, transported or used. To permit this would circumvent the specific statutory provisions for fees, hearings, testimony and findings. Modification by increase is specifically not included in the statute although modification by decrease in the amount of water to be withdrawn is provided. Retention of the priority date for the increased withdrawals would be inconsistent with the established priority system.
The only means provided by statute in which a municipality may obtain authority to withdraw, transport and use, an amount of water in addition to that provided by prior permits, is to apply in writing for a new permit in accordance with Neb.Rev.Stat. §
Very truly yours, PAUL L. DOUGLAS Attorney General G. Roderic Anderson Assistant Attorney General APPROVED:Paul L. Douglas Attorney General