{"data":{"id":"us-ne/neb.-rev.-stat.-46-2-115","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 46-2,115","heading":"Application for instream appropriation; approval; when.","body":"An application for an instream appropriation shall be approved by the Chief Water Officer if he or she finds that:\n(1) In order to allow for future beneficial uses, there is unappropriated water available to provide the approved instream flow rate at least twenty percent of the time during the period requested;\n(2) The appropriation is necessary to maintain the existing recreational uses or needs of existing fish and wildlife species;\n(3) The appropriation will not interfere with any senior surface water appropriation;\n(4) The rate and timing of the flow is the minimum necessary to maintain the existing recreational uses or needs of existing fish and wildlife species; and\n(5) The application is in the public interest.\nThe application may be granted for a rate of flow that is less than that requested by the applicant or for a shorter period of time than requested by the applicant.","path":["Chapter 46 - IRRIGATION AND REGULATION OF WATER"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=46-2,115","current_through":"Laws 2026","vintage":"","retrieved_at":"2026-09-17T21:01:11Z","sha256":"ef50103c8ef49929bbc254e3472a88853140cdd96facd15a16eaafbfd3139c46","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-46-2-114","next":"us-ne/neb.-rev.-stat.-46-2-116"},"notice":"GroundRules: Original legal text. Not legal advice."}