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Instructions for NeDNR Form 962-100-CREP Change of Appropriation to Augment Stream Flow

Pursuant to a CREP Water Use Contract

 

·         This application form is for appropriations that are held by a private appropriator for land NOT under an irrigation district or canal or mutual irrigation company.

·         This application form has been created for a specific type of temporary transfer that involves changing the use of a natural flow out of stream use of irrigation, or a storage use out of stream use of irrigation appropriation to an in-stream use to augment the streamflow of a specific stream reach.  It must be related to a Water Use Contract under the USDA’s CREP program.

·         It is recommended that all applicants call and set up a pre-application meeting or telephone consultation with staff in the surface water section of the Department of Natural Resources (Department).

1.       Name of Appropriator of Record.  This will be the person(s) or legal entity as shown on the deed  or similar instrument conveying legal ownership.  A landowner signature is required at the end of the form.

2.       Name and address of each mortgage holder or deed of trust holder for land included in this transfer application.

3.       Appropriation Information.  List the water appropriation number that this application proposes to modify. File a separate transfer application for each appropriation.

4.       The current use is pre-filled as “irrigation”.

5.       List the legal description of the land to which this appropriation is appurtenant AND is under a current or pending CREP Water Use Contract.  The acres on this application must match the corresponding acres total in the related Water Use Contract.  The purpose of use for the appropriation is pre-filled to describe the required use under the CREP program.

6.       This is standard language that ties this application to the CREP program. 

7.       The time period for the temporary transfer will match the related Water Use Contract and will be a condition for approval of this application.

 

 

8.       The beginning and ending points of the stream reach intended to be augmented by this transfer.

a.       Describe the beginning of the reach with a brief phrase, such as “diversion point, headgate or pump site” along with a legal description of that location or coordinates in longitude and latitude. 

b.       Describe the end point of the reach with a brief phrase and legal description or coordinates.  For the Nebraska Platte-Republican  Area CREP program use one the following phrases to describe the end point of the augmented reach.

      1. Republican River above Harlan County Lake: “Harlan County Lake”
      2. Republican River below Harlan County Lake: “Nebraska-Kansas State Line”
      3. Platte River above Lake McConnaughy: “Lake Mconnaughy”
      4. Platte River below Lake McCnnaughy: “Headgate of Kearney Canal”

9.       Pre-filled as “No”.

10.    Current landowner must consent to the transfer by signing and dating the form.