Ground Water Users Guide

State Water Well Registration

All water wells must be registered except: test holes used ten days or less, dewatering wells with intended use of 90 days or less, vapor extraction wells, and domestic wells constructed prior to September 9, 1993. To register a well, submit completed Water Well Registration form (DNR Form 145), County Consolidated Farm Service Agency aerial photograph, and proper fees to the Department of Natural Resources (DNR).

A replacement water well means a water well which (a) replaces an abandoned water well within three years of the last operation of the abandoned water well or replaces a water well that will not be used after construction of the new well and the original water well will be decommissioned within one year of construction of the new well, and (b) is constructed to provide water to the same tract of land served by the water well being replaced.

Written notice must be provided to DNR for change of ownership, correction of registration information, modification of a registered well, and for abandonment of all wells.

Water Well Registration Fees

DNR collects registration fees based on the use and pumping rate of wells. The fees received for ground water well registrations are divided between the DNR and Health and Human Services (HHSS). DNR's portion is used in cost-share programs for decommissioning wells. The program is available through the statewide Natural Resources Districts. HHSS's portion is used for administering and carrying out the purposes of the Water Well Standards and Contractors' Licensing Act. The combined fees are:

$ 70 For monitoring and observation wells.
$ 70 For water wells which pump less than 50 gallons per minute.
$ 70    For a series of water wells completed for purposes of installation of a ground heat
        exchanger which utilzes the geothermal properties of the ground.
$110 For water wells which pump 50 gallons per minute or more.

For a series of two or more irrigation wells completed and pumped into a common carrier as part of a single site plan…$70 for each of the first two wells which pump less than 50 gallons per minute…$110 for each of the first two wells which pump 50 gallons per minute or more. No fees for any additional irrigation wells which are added to the series.

For water wells permitted pursuant to the Industrial Ground Water Regulatory Act, a separate registration fee is required for each of the first ten wells registered under the permit. For each additional group of ten or fewer water wells registered under the permit only one registration fee is required.

For each of the first five water wells constructed as part of a single site plan for monitoring ground water, obtaining hydrogeologic information, or extracting contaminants from the ground, a separate registration fee is required. For each additional group of five or fewer such water wells, a single fee is collected.

For water wells constructed as part of remedial action approved by the Department of Environmental Quality, the DNR's portion of the fee is $40 regardless of the number of wells on the site. This $40 is added to the HHSS's portion. For the HHSS, a separate fee is collected for each of the first five wells on the site, plus a single fee for each group of five or fewer such wells, based on the highest single pumping rate in the group. Fees for the HHSS portion are: $30 for monitoring and observation wells; $30 for water wells which pump less than 50 gallons per minute; and $70 for water wells which pump 50 gallons per minute or more.

Minimum Well Spacing for Registered Wells Under Separate Ownership

- 600 feet between irrigation wells
- 1,000 feet between irrigation and public water supply wells*
- 1,000 feet between public water supply* and industrial wells
- 1,000 feet between industrial and irrigation wells
- 1,000 feet between industrial wells
- 1,000 feet between public water supply* wells

Minimum spacing may be a greater distance in a management area. Contact the natural resources district (NRD) in which the well is to be located for information.

Applications may be filed for exemption of minimum spacing. The filing fee is $12.50. Application forms are available from DNR.

Potable use well placement, standards and construction and abandonment information is available from the Nebraska Department of Health and Human Services System (402/471-0546).

Application For A Permit To Appropriate Water (DNR Form 233-1)

A permit is required for wells constructed after September 9, 1993 and located within 50 feet of the bank of any stream.

Municipal and Rural Domestic Ground Water Transfers Permit

A public water supplier(For purposes of well spacing protection and Municipal and Rural Domestic Ground Water Transfers Permit, a public water supply well muct be owned by a city, village, municipal corporation, metropolitan utilies district, rural water district, natural resources district, irrigation district, reclamation district, or sanitary improvement district which supplies or intends to supply water to inhabitants of cities, villages, or rural areas for domestic or municipal purposes.) may apply for a permit to withdraw, transport and use ground water on nonoverlying lands for domestic or municipal purposes.

A completed application, map indicating well locations, and correct fee must be submitted to DNR. The fee is $50 for the first five million gallons per day and $20 for each additional (or fraction of) five million gallons per day. Application forms are available from DNR.

After approval of the permit, spacing protection of 1,000 feet may be granted for one year for test holes and wells to be constructed.

A hearing may be required. Notice of application will be published once a week for three consecutive weeks at the applicant's expense. Objections must be filed within two weeks after final publication. DNR may hold a hearing on its own motion and shall hold a hearing if requested by any person.

Each well must be registered. A registration fee is required.

Industrial Ground Water Regulatory Permit and Notice

A permit is required before constructing any well to withdraw and transfer 150 acre-feet or more of water per year for industrial purposes. Industrial purposes are manufacturing, commercial and power generation. Commercial use includes maintenance of the turf of a golf course. The fee is $1,500 for the first 4,000 acre-feet or fraction thereof, and $750 for each additional 1,000 acre-feet or fraction thereof. Application forms are available from DNR.

A hearing is required and shall be scheduled within 90 days after the application is accepted. Notice of hearing is published once a week for three consecutive weeks. Persons wanting to be a party to the hearing must file a request to be a party within two weeks of the final publication.

Each well must be registered. A registration fee is required for the first ten water wells registered under the permit. For each additional group of ten or fewer water wells registered under the permit only one registration fee is required.

Any person intending to withdraw and transfer less than 150 acre-feet of ground water per year for industrial purposes must provide written notice to DNR. The notice must include the point of delivery, amount of the proposed transfer, the point of withdrawal. The user must publish the notice in a newspaper of general circulation in the county or counties in which the withdrawal is located. A meter that meets DNR approval must be installed on the well or wells.

The withdrawal and transfer may be made without a permit so long as the property which includes the point of withdrawal and the property which includes the point of delivery are owned or leased by the same person, the water is used by such person, and a total of less than 150 acre-feet of ground water is transferred from all sources to the property which is the point of delivery.

Geothermal Resource Development and Production Permit

A permit is required before constructing systems utilizing ground water with temperatures higher than the normal gradient. An application and $10 fee must be submitted. Application forms are available from DNR.

The Department of Environmental Quality, DNR representatives and applicant will confer to determine requirements of any studies.

Each well must be registered. A registration fee is required.

Application to Transport Ground Water from Nebraska

A permit is required to transport ground water for use in another state. An application for a permit and $10 fee must be submitted to DNR. The application must be on a form provided by the Department.

A notice of the application filing is published once a week for three consecutive weeks. Objections must be filed within two weeks after last publication. A hearing may be required at the discretion of the director.

Each well must be registered. A registration fee is required.

Ground Water Management Area Permits

A permit must be obtained from the NRD prior to drilling any new well within a Ground Water Management Area, except (1) dewatering wells with intended use of less than 90 days, (2) test holes used ten days or less, (3) wells pumping 50 gallons per minute or less. A district may provide by rule and regulation that a permit need not be obtained for water wells defined by the district to be replacement water wells. If a permit is required, an application and fee must be submitted to the NRD in which the well is to be located. To determine whether a permit must be obtained in your area, contact your Natural Resources District.

Individuals failing to receive a permit prior to drilling are required to apply for a late permit. The fee is payable to the NRD.

Each well must be registered with DNR. A registration fee is required.