§ 46-653 — Spacing of water wells; special permit; application; contents; fee

Any person may apply to the Chief Water Officer for a special permit to drill or to change the intended use of a water well without regard to the spacing requirements of section 46-651 . Such application shall be on a form prescribed and furnished by the Chief Water Officer and shall contain a statement of the precise location of the water well or proposed water well, facts justifying the request for such special permit, the size or proposed size of such water well, expressed in gallons per minute, to the extent that capacity is susceptible of advance determination, and, if applicable, the name of the person who is actually going to drill the water well. A separate application shall be submitted for each water well for which a special permit is sought, and each application shall be accompanied by a fee of twelve dollars and fifty cents which shall be remitted to the State Treasurer for credit to the General Fund. When considering the approval or rejection of any such application, the Chief Water Officer shall consider the facts offered as justification of the need for the special permit, the known ground water supply, and such other pertinent information as may be available. Such application may be approved or disapproved in whole or in part and the special permit issued or refused accordingly.

Legislative History

Source: Laws 1965, c. 270, § 3, p. 771; Laws 1993, LB 131, § 22; Laws 2000, LB 900, § 187; Laws 2004, LB 962, § 39; Laws 2025, LB317, § 187. Operative Date: July 1, 2025