46-684. Permit; revocation; procedure; violation of terms of permit; Chief Water Officer; powers and duties.
288 words·~1 min read·
/ne/chapter-46/46-684A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A permit granted pursuant to section 46-683 shall be revoked, following a hearing conducted in the same manner as hearings conducted pursuant to section 46-680 , if the Chief Water Officer determines that the permitholder has failed to exercise the right to withdraw ground water within three years of the date specified in the permit or for a period of three consecutive years thereafter.
(2)If it appears to the Chief Water Officer that a permitholder has withdrawn more ground water than the amount specified in the permit or has violated any of the conditions specified in the permit, the Chief Water Officer shall give written notice to the permitholder of the alleged violation.
Within thirty days following receipt of such notice, the permitholder may:
(a)File an application to amend the permit as provided in section 46-683.01 ;
(b)Request a hearing before the Chief Water Officer; or
(c)Take appropriate measures to comply with the permit.
If the permitholder fails to take action pursuant to subdivision (2)(a), (2)(b), or (2)(c) of this section, the Chief Water Officer may issue an order requiring compliance with the permit and seek, if appropriate, a court injunction prohibiting further violations of the permit.
If the permitholder requests a hearing, the Chief Water Officer shall within thirty days schedule a hearing within or in reasonable proximity to the area where the water wells are located. Within forty-five days following the hearing, the Chief Water Officer shall issue an order containing specific findings of fact with reference to the alleged violation and directing the permitholder, if necessary, to cease and desist from further violations of the permit.
(3)Nothing in this section shall limit the penalty provisions of section 46-687 .