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ORDER

RULE AMENDMENTS

UPPER ELKHORN NATURAL RESOURCES DISTRICT

Nov. 27, 2023

FINDINGS:

1. Nebraska Revised Statutes §46-701 et seq., provides the authority for the adoption and amendment of rules and regulations for the management of groundwater.

2. Notice of the Nov. 27, 2023, public hearing on the proposed chemigation rule and regulation amendments was published in accordance with state law in the following newspapers in general circulation in the Upper Elkhorn NRD: (a) Holt County Independent, (b) Atkinson Graphic, (c) Elgin Review, (d) Rock County Leader, and (e) Summerland Advocate-Messenger.

3. Notice of the public hearing of the proposed rule and regulation amendments was posted on the UENRD website at http://www.uenrd.org. Copies of the proposed rules and regulation amendments were also made available from the UENRD office in O’Neill, Nebraska, at the time of publication of the newspaper notices identified above.

4. The public hearing was held on Nov. 27, 2023, in accordance with state law and as noticed. All persons present at the public hearing were afforded an opportunity to provide oral or written testimony regarding the proposed rule and regulation amendments.

5. Written testimony received at the UENRD office by 4:30 p.m., on Nov. 24, 2023, was submitted to the record of the public hearing. The record of the public hearing was held open for the receipt of written testimony until the close of the public hearing. Copies of all written testimony, personally provided at the public hearing or mailed, were made available to the UENRD Board of Directors for their consideration.

6. Testimony presented at the public hearing, whether written or oral, is part of the public hearing record on file with the UENRD office in O’Neill, Nebraska.

7. The UENRD Board of Directors considered all testimony and, in open session, at its regular board of directors meeting on Nov. 27, 2023, voted to approve the proposed rule and regulation amendments.

8. The changes to the rules & regulations are as follows:

a. The proposed amendments apply to the overall rules & regulations.

b. The proposed amendments authorize a general restructuring of the number identification system of the rules & regulations.

c. The proposed amendments authorize updated enforcement rules and regulations to better conform to state statues.

d. Rule 11.1.1.1 The proposed amendments authorize a new application fee of $100.00 (not to exceed $150) for each new permit shall be paid to the district, of which $5.00 shall be paid to the Department of Environment and Energy

e. Rule 11.1.1.2 The proposed amendments authorize a special permit application fee of $30.00 (not to exceed $150) shall be paid to the district, of which $5.00 shall be paid to the Department of Environment and Energy

f. Rule 11.1.1.3 The proposed amendments authorize the annual renewal fee of $30.00 (not to exceed $100) shall be paid to the district, of which $2.00 shall be paid to the Department of Environment and Energy

g. Rule 11.1.1.4 The proposed amendments authorize an emergency permit application fee of $250.00 (not to exceed $500) shall be paid to the district, of which $10.00 shall be paid to the Department of Environment and Energy

BY THE AUTHORITY VESTED IN THE Upper Elkhorn Natural Resources District BOARD OF DIRECTORS BY NEBRASKA LAW, IT IS HEREBY ORDERED:

1. The rule and regulation amendments adopted by the UENRD Board of Directors on Nov. 27, 2023, attached hereto and fully incorporated herein, are adopted and shall become effective Jan. 1, 2024.

Signed by UENRD Board Chairman Keith Heithoff and General Manager Dennis Schueth on Nov. 27, 2023.

Effective data subject to final approval by the Nebraska Department of Environment and Energy.

Published December 7, 2023

ZNEZ