46-746. Violations; civil penalty.
294 words·~1 min read·
/ne/chapter-46/46-746A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person who violates any cease and desist order issued by a district pursuant to section 46-707 or any controls, rules, or regulations adopted by a natural resources district relating to a management area shall be subject to the imposition of penalties imposed through the controls adopted by the district, including, but not limited to, having any allocation of water granted or irrigated acres certified by the district reduced in whole or in part. Before a district takes any action, notice and hearing shall be provided to such person.
(2)Any person who violates any of the provisions of sections 46-721 to 46-733 for which a penalty is not otherwise provided, other than the requirements imposed on a district, the Chief Water Officer of the Department of Water, Energy, and Environment, the Director of Water, Energy, and Environment, or the department, shall be subject to a civil penalty of not more than five hundred dollars. Each day of continued violation shall constitute a separate offense.
A natural resources district may enforce a ground water user's obligations by imposing penalties, including, but not limited to, having any allocation of water granted or irrigated acres certified by the district reduced in whole or in part by utilizing the procedure adopted in the rules and regulations of the natural resources district. It is unnecessary for a natural resources district to promulgate rules and regulations restating the potential penalty of restricting a violator's ground water access. Prokop v. Lower Loup NRD, 302 Neb. 10, 921 N.W.2d 375 (2019).
The Ground Water Management and Protection Act does not limit the possibility of judicial review of the determination of penalties, and such review is conducted de novo. Prokop v. Lower Loup NRD, 302 Neb. 10, 921 N.W.2d 375 (2019).