Nebraska Revised Statute 2-1504

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2-1504. Nebraska Natural Resources Commission; creation; functions; membership; selection; terms; vacancy.

(1) The Nebraska Natural Resources Commission is established. The commission shall advise the department as requested by the director and shall perform such other functions as are specifically conferred on the commission by law. The commission shall have no jurisdiction over matters pertaining to water rights.

(2) The commission shall consist of the following members, all of whom shall have attained the age of majority:

(a) One resident of each of the following river basins, with delineations being those on the Nebraska river basin map officially adopted by the commission and on file with the department: (i) The Niobrara River, White River, and Hat Creek basin, (ii) the North Platte River basin, (iii) the South Platte River basin, (iv) the middle Platte River basin, (v) the lower Platte River basin, (vi) the Loup River basin, (vii) the Elkhorn River basin, (viii) the Missouri tributaries basin, (ix) the Republican River basin, (x) the Little Blue River basin, (xi) the Big Blue River basin, and (xii) the Nemaha River basin;

(b) One additional resident of each river basin which encompasses one or more cities of the metropolitan class. Each such additional basin member shall be a resident of a natural resources district which encompasses one or more cities of the metropolitan class and shall be selected in the same manner, at the same time, and for a four-year term having the same term sequence as provided for the other member from such basin; and

(c) Three members to be appointed by the Governor, subject to confirmation by the Legislature, who shall serve at the pleasure of the Governor. Of the members appointed by the Governor, one shall represent municipal users of water, one shall represent surface water irrigators, and one shall represent ground water irrigators.

(3) Successors to the members of the commission representing river basins shall be selected for four-year terms at individual caucuses of the natural resources district directors residing in the river basin from which the member is selected. Such caucuses shall be held for each basin within ten days following the first Thursday after the first Tuesday of the year the term of office of the member from that basin expires. The dates and locations for such caucuses shall be established by the commission. Terms of office shall follow the sequence originally determined by the river basin representatives to the commission at their first meeting on the third Thursday after the first Tuesday in January 1975. All river basin members shall take office on the third Thursday after the first Tuesday in January following their selection and any vacancy shall be filled for the unexpired term by a caucus held within thirty days following the date such vacancy is created. Each member of the commission representing a river basin shall qualify by filing with the other members of the commission an acceptance in writing of his or her selection.

Source

    Laws 1937, c. 8, § 4, p. 94;
    C.S.Supp.,1941, § 2-1904;
    R.S.1943, § 2-1504;
    Laws 1951, c. 7, § 2, p. 74;
    Laws 1957, c. 3, § 2, p. 82;
    Laws 1959, c. 6, § 3, p. 76;
    Laws 1961, c. 4, § 2, p. 66;
    Laws 1963, c. 9, § 2, p. 78;
    Laws 1967, c. 7, § 1, p. 78;
    Laws 1967, c. 5, § 1, p. 73;
    Laws 1969, c. 9, § 67, p. 140;
    Laws 1972, LB 542, § 2;
    Laws 1973, LB 337, § 1;
    Laws 1977, LB 510, § 2;
    Laws 1980, LB 423, § 1;
    Laws 1983, LB 36, § 1;
    Laws 1983, LB 37, § 1;
    Laws 1984, LB 1106, § 13;
    Laws 2000, LB 900, § 22.

Cross References

    Department of Natural Resources, powers, see Chapter 61, article 2.

Annotations

Designation by Legislature of University of Nebraska officers as members of Natural Resources Commission was a legislative appointment in violation of Constitution; but designation of Director of Water Resources was valid as simply adding to the duties of a state officer. Neeman v. Nebraska Nat. Resources Commission, 191 Neb. 672, 217 N.W.2d 166 (1974).