New Round of Variance Requests Accepted Until Dec. 15 for Limited Development in Stay Areas
UPDATE: February 2010
Due to a lower than expected number of variance applications, the NRD is now taking variance applications on a continuous basis.
October. 26, 2009
The Lower Platte North NRD is taking a second round of variance requests for new wells and expansion of irrigated acres in its former “fully-appropriated” stay area.
The stay area was blocked to new development when the Lower Platte Basin was preliminary found to be fully-appropriated by the Nebraska Department of Natural Resources in December 2008. The state later reversed that preliminary declaration and the moratorium ended in August 2009, allowing for limited irrigation development (up to 2,500 acres/year or 10,000 acres total from 2009-2012).
Irrigators were able to apply for variance requests for new wells and/or expansion of irrigated acres in the former stay area from August 6 to September 15. That initial variance request period resulted in applications for less than half of the district’s allotted 5,000 acres for 2009-2010, so the NRD decided to hold another round.
The deadline to apply for variance requests in this second round will be December 15th, 2009. The NRD will issue variances for up to 2,750 acres. If those acres are all applied for in this round, another round will NOT be held and irrigators will have to wait until fall 2010 until they can apply again.
The NRD will use a ranking system to distribute the variances. All of the applications that are received will be scored using a variety of criteria, including:
- whether the request is for expansion of irrigated acres from an existing well or a new well;
- the landowner’s investment in test holes, new equipment, etc prior to the declaration of the December 16, 2008 moratorium;
- the type of irrigation system to be used;
- the number of acres to be developed;
- the land class and aquifer thickness for the acres to be developed;
- plus several other factors.
Variances will be issued to the highest-scoring applications in each of the NRD’s three “Limited Development Ranking Regions,” which represent areas with similar aquifer conditions. When a variance is issued for a new water well, producers will still need to get a well permit before drilling the well. If a variance request is granted for expanded irrigation from an existing well, a new well permit is not required.
A similar variance request period will be held again next year and the following year for irrigation development in 2011 and 2012. (cont'd below map)
The NRD will use a ranking system to distribute the variances. All of the applications that are received will be scored using a variety of criteria, including:
- whether the request is for expansion of irrigated acres from an existing well or a new well;
- the landowner’s investment in test holes, new equipment, etc prior to the declaration of the December 16, 2008 moratorium;
- the type of irrigation system to be used;
- the number of acres to be developed;
- the land class and aquifer thickness for the acres to be developed;
- plus several other factors.
Variances will be issued to the highest-scoring applications in each of the NRD’s three “Limited Development Ranking Regions,” which represent areas with similar aquifer conditions. When a variance is issued for a new water well, producers will still need to get a well permit before drilling the well. If a variance request is granted for expanded irrigation from an existing well, a new well permit is not required.
A similar variance request period will be held again next year and the following year for irrigation development in 2011 and 2012. Under the NRD's new groundwater rules, up to 2,500 acres a year can be developed in the Limited Development regions, or a total of 10,000 acres over the four-year period running from January 1, 2009 to December 31, 2012.
For more information on the variance application process, please contact us at (888) 764-0543 or lpnnrd@lpnnrd.org.