[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6329367,"mediaKeyId","2316206-185bbb16f85bb4760d21e64c0d2247fa","parentId",2316206,"title","Bill would require mitigation plans for large municipal or industrial water users in fully appropriated Nebraska basins","audioSeconds",7289,"startMs",7289000,"endMs",-1,"viewUrl","/Search/View?dp=1&key=2316206-185bbb16f85bb4760d21e64c0d2247fa&start=7289&end=0","thumbnailUrl","https://assets.pipeline.soar.com/2316206-185bbb16f85bb4760d21e64c0d2247fa/thumbnail_7289000.jpg","articleUrl","/articles/6329367/Nebraska/Bill-would-require-mitigation-plans-for-large-municipal-or-industrial-water-users-in-fully-appropriated-Nebraska-basins","mediaUrl","https://secure.pipeline.soar.com/6329367-32f40bcb61f4640ca0a2289e45b69826/orig.mp4?Expires=1770997394&Signature=Ji0V9ErafET8sqi8KxF~0-sPz~YksR47vb0IAqbqc78KkP6FSNggOXTmoiDDEwo1buarO7cbSfAT7zBih4FOcz1sW5t0xoH8f2LCBAdjCzQqTqbfdza-dd7AL4g6Fymq9jbWKJturHIubxt3qrG1jJ99VCjcnmEmWgAmCiKdts5l9vxdWzehACf5QTElekPR0TISN9qf3-usApbg8pltU4lEXggTB3IN7M5OVaMM3-ZwC4Hrlo8GTXFcdVCVcqYj17G-CrDkLuCZlbVWIbk6ptNQ2XhYaXlOeuqHAErf2fqY2H3LZ77x4zGfN96OzHlfmzRemT-ZPofGgSxOjaPMXw__&Key-Pair-Id=KUT5TJCACFTXG","author","Nebraska Legislature","date","2025-02-14T00:00:00Z","article","Senator Tom Brandt introduced LB344 in the Natural Resources Committee to clarify how municipal and large commercial or industrial water uses will be treated in areas the state has designated as fully or over‑appropriated. The bill focuses on the Platte, Republican and Upper Niobrara basins (and associated fully/over‑appropriated areas) and seeks to preserve municipal growth allowances while requiring mitigation plans for new or expanded large water users connected to municipal systems.

The nut graf: LB344 updates statutes that were originally enacted with a 20‑year exemption on municipal allocations; when that exemption expires on Jan. 1, 2026, the bill removes the potential for new allocations on municipalities and instead requires that large industrial users (defined in statute as over 25 million gallons annually) that attach to municipal supplies submit mitigation plans showing annual water use, volume returned to municipal systems or discharged elsewhere, and sources for mitigation. Proponents told the committee the change levels the playing field so commercial users that rely on municipal water cannot avoid mitigation costs that would fall on NRD taxpayers and the state.

What the bill would do

Jesse Bradley, interim director of the Department of Natural Resources, explained that the statute in question (section 46‑740 of the Groundwater Management and Protection Act) currently prevents municipalities from being allocated unless allocations existed before Nov. 1, 2005; that provision was scheduled to change in 2026. LB344 would strike the portion that would allow new municipal allocations after 2026 and instead require mitigation planning for new large municipal‑served industrial users. Bradley emphasized the bill applies only to basins designated as fully or over‑appropriated and \"does not apply to Lincoln, MUD, or other areas of the State that have not been classified as fully or over appropriated.\" He told the committee that existing large industrial users that do not expand would not be required to take action under LB344.

Proponents’ rationale

Dr. Brandy Flier, hydrologist with the Central Platte NRD, testified for the Association of NRDs in support of LB344. She said the bill \"provides a level playing field for all commercial or industrial large scale users regardless of whether they have their own well system or utilize a municipal water system,\" and protects NRD and state taxpayers from absorbing mitigation costs triggered by large users that connect to municipal supplies. Flier and other proponents noted the bill retains municipal flexibility to set allocations locally and to offer offsets to attract or retain businesses while ensuring water balances are maintained in fully appropriated basins.

Municipal response and context

Lash Chaffin of the League of Nebraska Municipalities testified in a neutral capacity and provided historical context: the two‑tiered approach in state law (an initial 20‑year exemption followed by the post‑2026 rules) resulted from extensive, negotiated work in the late 1990s and early 2000s to address regional litigation and basin management. The League cautioned the statute and implementing rules are complex and urged clarity for municipal officials and local partners on calculations and reporting requirements, particularly for consumptive‑use estimates and how mitigation obligations would be determined and applied.

Committee questions and technical points

Committee members asked whether the mitigation requirement should include reclamation or reuse plans for large processors; Bradley said the mitigation plan must account for consumptive use by reporting annual water used and returned and the source of mitigation, which could include reuse or other offsets. Senator Raybould asked whether very large facilities (for example, poultry or processing plants) should be required to detail water reclamation systems; Bradley said those operational details are part of the mitigation analysis the NRD and state would use to set offset requirements. The bill preserves NRD authority to set offsets and implement integrated management planning in designated basins.

What did not change

Proponents stressed LB344 does not change the current regulatory path for large users that already pump privately (self‑served wells); those users remain responsible for offsets under existing law. Instead, the bill clarifies that industrial users that hook to municipal water should face the same mitigation obligations as comparable self‑served operations.

Next steps

The committee heard the bill and took questions; no vote was recorded in the transcript. Sponsors and technical staff said the bill was coordinated with impacted NRDs and that maps and definitions of fully/over‑appropriated areas would be used in administering the requirement. The League of Nebraska Municipalities urged additional guidance to help municipalities carry out reporting and to ensure municipal economic development decisions reflect possible mitigation responsibilities.

Ending

LB344 seeks to balance municipal growth and economic development with basin‑scale water management by requiring transparent mitigation plans for large consumers attached to municipal systems in fully and over‑appropriated basins. The bill won support from NRDs; the committee requested detail and municipal‑facing guidance before final action.","mediaType","Video","parentTitle","Natural Resources Committee 2/14/2025","oneSentenceSummary","Senator Tom Brandt introduced LB344 to clarify municipal and large-user water mitigation in fully or over‑appropriated basins.","taxTitle","2025 Legislature NE, Nebraska","taxId",77675,"location","Nebraska","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6329372,"Governor, supporters push to merge Nebraska environment and natural resources agencies into Department of Water, Energy and Environment",4639,286000,4925000,"/Search/View?dp=1&key=2316206-185bbb16f85bb4760d21e64c0d2247fa&start=286&end=4925","https://assets.pipeline.soar.com/2316206-185bbb16f85bb4760d21e64c0d2247fa/thumbnail_286000.jpg","/articles/6329372/Nebraska/Governor-supporters-push-to-merge-Nebraska-environment-and-natural-resources-agencies-into-Department-of-Water-Energy-and-Environment","https://secure.pipeline.soar.com/6329372-2211bddab5bcd8e4fa7cdf2e041844aa/orig.mp4?Expires=1770997394&Signature=hwqEl-Mre9pv-5twZxa~6Q8ylvN-pevLSrxkVL2~LbHtO5GkqKdp4o8va9vKZdxAaJARC98Avg7YRmyEkHucDRmmcpQ11uZGEFgQW9Koi2kdTm2YeCKk15cxt-i7vAAxNkKg6eqZ1yfT60CUlOIbBXp1M3f~NSHMbrv6roQiYQHkgaYr4axZZXeO~tm4kmqRNN0btQwvjjCf38ZYS60gF7NRp5i4kLieiBPfKPhm2iT5lnpr4uKlkhV7o1xbqUKPq3o2RSj~kU5JxfnsZyQZ9zzhPBGyqNH5S8vleLfropaHjjxgCBhDmOSpCa60d2LugyiTQQMtqZKC8cOIq0-0~w__&Key-Pair-Id=KUT5TJCACFTXG","Governor Jim Pillen appeared before the Natural Resources Committee on behalf of LB317, a proposal to merge the Nebraska Department of Natural Resources (DNR) with the Department of Environment and Energy (NDEE) to create a Department of Water, Energy and Environment (DWE). The governor described the merger as a way to “double down” on water protection, improve outreach and reduce duplicative administrative costs while strengthening long‑term water planning.

The bill, introduced in committee by Senator Tom Brandt, attracted lengthy testimony both for and against. Proponents said consolidating water quantity and quality functions under one leadership would simplify permitting, improve coordination with Natural Resources Districts (NRDs) and create a single point of contact for water infrastructure and educational programs. Governor Pillen said the change would help Nebraska respond to industrial water demand and persistent nitrate concerns, calling water “our lifeblood.” Jesse Bradley, interim director of both departments, told the committee the measure is intended to “improve coordination among state and local water managers” and to require a Chief Water Officer to maintain DNR’s water authorities (Bradley said an amendment will reinstate a professional engineering requirement for that post).

Why it matters: Nebraska’s water policy touches irrigation, municipal supplies, industry and environmental protection. Testimony noted an estimated $2.3 billion in clean‑water and drinking‑water requests across the state and long‑standing nitrate and aquifer concerns. Proponents argued unified leadership will accelerate projects and make state funding and technical assistance easier to access. Opponents countered that merging agencies risks diverting DNR technical capacity away from signature projects and interstate obligations and could produce few near‑term savings.

Supporters’ case

Governor Pillen urged the committee to approve LB317, saying the merger will create “better career opportunities for scientists, engineers, and natural resource professionals” and reduce regulatory red tape. He announced a water quality and quantity task force to develop proactive solutions for issues such as nitrate management and to prepare the state for increasing industrial water demand from hydrogen, biofuels and data centers. Jesse Bradley described specific statutory cleanups in the bill — including repeal of obsolete acts and aligning Water Sustainability Fund award terms to ten years — and said the bill is intended primarily to consolidate names, titles and some outdated provisions while preserving existing authorities.

Budget staff provided a fiscal update: Jacob Leaver of the Governor’s budget office said the one‑time cost for the merger is $100,000 (the agencies had initially submitted duplicated fiscal estimates). Senator Brandt and Bradley also told the committee that current staff totals are roughly 112 employees at DNR and 252 at NDEE and that the combined agency would become the state’s eighth‑largest department.

Opposition and concerns

Representatives of NRDs, irrigation interests, Farm Bureau and conservation groups voiced reservations. Jasper Fanning of the Upper Republican NRD, speaking for the Nebraska Association of Resources Districts, said DNR staff are currently focused on “the most important water issue and project ever” for Nebraska — the Perkins County Canal and South Platte Compact matters — and warned that shifting DNR attention to broader regulatory duties could hinder work on interstate litigation and compacts. He asked that stakeholders be included in designing any reorganization rather than proceeding with a full merger immediately.

Leroy Sievers, representing the Nebraska State Irrigation Association, and others with long state service argued that past mergers produced few savings, created bureaucratic barriers and risked losing technical staff. Multiple witnesses, including Devin Brundage (Central Nebraska Public Power & Irrigation District) and representatives of irrigation and power districts, urged restoring a statutory requirement that the principal water official be a licensed professional engineer; Central Nebraska emphasized the importance of engineering expertise for dam safety and other technical functions.

Environmental and civic groups raised operational concerns. Kurt Boatner (former Environmental Quality Council vice chair) objected to language that would change the EQC’s role in vetting agency directors; he said eliminating the council’s long‑standing role in submitting director candidates would remove expert oversight. The Sierra Club and Nebraska Farmers Union said the merger could create short‑term dysfunction and urged a slower, stakeholder‑driven process. The Nature Conservancy registered neutral concerns and recommended a broader stakeholder process to define leadership qualifications and the office’s scope.

Clarifications and amendments

Committee members pressed for details on projected savings, staffing and the leadership model. Bradley and budget staff said they could not yet provide precise long‑term savings figures but expected some operational efficiencies in later biennia; the immediate fiscal impact is limited to one‑time merger costs. Senator Brandt said an amendment will be offered to reinstate the professional engineering requirement for the Chief Water Officer or similar post; Bradley said he understands that amendment is forthcoming. Bradley also said the bill mainly renames many statutory references and removes outdated or duplicative sections (for example, the Nebraska Conservation Corporation Act and obsolete low‑level radioactive waste statutes).

What did not happen

The hearing was informational; the committee did not vote on LB317 at this session. No formal committee action or final outcome was recorded in the hearing transcript.

Next steps

Committee members asked for follow‑up details on fiscal projections, vacancy counts, and how the merger would affect ongoing interstate and NRD partnerships. Several witnesses urged additional stakeholder negotiation before moving to final passage. Senator Brandt indicated amendments would be circulated to address engineering‑credential requirements and a few statutory cleanups; the committee will consider the bill and any amendments at a later date.

Ending

The LB317 hearing produced robust support for the bill’s water‑management goals and significant skepticism about the timing and details of a wholesale agency merger. Supporters emphasized potential operational and planning benefits, while NRDs, irrigation interests and several conservation groups pressed for preserved technical capacity, statutory clarity and a stakeholder process before structural consolidation could proceed.","Supporters told the Natural Resources Committee the bill (LB317) would streamline permitting and improve water planning; opponents including NRDs, irrigation and farm groups warned it could dilute attention on critical water projects and urged stakeholder input and statutory clarifications.","actionData","errors"]

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Bill would require mitigation plans for large municipal or industrial water users in fully appropriated Nebraska basins

Governor, supporters push to merge Nebraska environment and natural resources agencies into Department of Water, Energy and Environment