 Proposal would close loophole in water well restrictions The Natural Resources Committee heard testimony Jan. 31 on a bill that would expand the definition of water wells.
LB 314, introduced by Ellsworth Sen. LeRoy Louden, would change the definition of a water well to include those excavations in which a pump is installed for irrigation. Ron Theis, a state Department of Natural Resources The current definition of a water well is limited to those excavations made for the purpose of extracting water. However, pumps are sometimes installed in existing excavations that reach the aquifer, such as sand pits, and used to irrigate. Even though the water in those excavations is ground water, those systems do not technically have to be registered as wells under the current law because they were not dug for the purpose of extracting water. Ron Bishop, director of the Central Platte Natural Resource District, testified in support of the bill. “We think it closes a gap that is extremely important to help manage the uses of water,” Bishop said. David Cookson, special counsel to the attorney general, had a concern about the legal impact of the bill. If a sand pit is newly registered it is unclear whether water management restrictions would apply retroactively to when it was dug or to when the pit was registered. “We need to figure out how to deal with those wells before we move forward,” Cookson said. The committee took no immediate action on the bill. |
attorney, said the bill would fix a gap in current water well law.
