About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1982 Nebraska Attorney General Reports and Opinions 1 (1982)

handle is hein.sag/sagne0014 and id is 1 raw text is: DEPARTMENT OF JUSTICE STATE OF NEBRASKA TELEPHONE 4021471*6881 * STATE CAPITOL * LINCOLN. NEBRASKA 60509 January 4, 1982 PsAL..MumA Ataney Sana aLmD a VITAUVAS ___________________ OSS Af dU y Gommrof JOHN i. THOMPSON STATC OF NEBRAS#4 '~ MwaVamovene Senator Rex Haberman (OFFIC IAL. State Capitol Lincoln, NE 68509 JAN 5 IM Re: County Zoning DEPT. OF JUSTICE Dear Senator Haberman: We are responding to your letter in uhich you state you are considering legislation pertaining to Nebraska's ground- water and would like us to advise you if the statutes presently give the counties, through zoning laws, the authority to control underground water use. Neb.Rev.Stat. S23-114 (Reissue 1977) authorizes a county board to create a planning commission with the powers and duties set forth in that act, to make amend and implement a comprehensive county zoning development plan then to adopt a zoning resolution having the force and effect of law. This zoning resolution may regulate the uses of land for agriculture, forestry, recreation, residence, industry, and trade, after considering factors relating to soil conservation, water supply conservation, surface water drainage and removal, or other uses in the unincorporated area of the county. The use of this zoning power has been approved by our Nebraska Supreme Court in Crane v. Board of County Commissioners of Sarpy County, 175 Neb. 568. 122 N.W.2d 520 (1963) and City of Grand Island v. Ehlers, 180 Neb. 331, 142 N.W.2d 770 (1966). Neb.Rev.Stat. S46-209 (Supp. 1981) gives jurisdiction to the Department of Water Resources over all matters pertaining to water rights for irrigation, power, or other useful purposes. . . . In Article VI of Chapter 46 of the Nebraska Statutes the Department of Water Resources is given jurisdiction over the state regulatory scheme for the extraction and use of underground water. Neb.Rev.Stat. 546-656, et seq. (Reissue 1978) have now been designated by the Legislature as the Nebraska Groundwater Management and Protection Act. Neb. Rev.Stat. S46-674 (Supp. 1981). This Act provides for specific regulation of control areas designated by the Director of the Water Resources when he determines that conditions require it according to statute. erner L. Packe Mvis, a meean 0a%am E.o uG M ers J. evri ms Kal..an Pow T. Ofetn aU.a stm* Mus o. OUR wrote L Mo6IW se. sot. . o meino,1ian w 0 o. em. , Raph M. Kam fts5 N er Dee A Cen* Pws J. wan... Terry A..Sngt .etLWM We Pra * '

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most