Neb. Rev. Stat. § 46-2,116: Application for instream appropriation; public interest determination; factors.

In determining whether an application for an instream appropriation is in the public interest, the Chief Water Officer shall consider the following factors:

(1) The economic, social, and environmental value of the instream use or uses including, but not limited to, recreation, fish and wildlife, induced recharge for municipal water systems, and water quality maintenance; and

(2) The economic, social, and environmental value of reasonably foreseeable alternative out-of-stream uses of water that will be foregone or accorded junior status if the appropriation is granted.