The Lower Niobrara Natural Resource district held their 8th Grade Conservation Day on October 20,2022 at the Butte Gold Course for the 8th graders of their district. They had students from Niobrara, Verdigre, and Boyd County this year, with a total of 49 kids, 4 teachers and 14 presenters/helpers. The kids were divided into 4 groups and went around to the different hands-on sessions. The weather was perfect to send the day outside enjoying nature. They had 8 sessions covering topics like Soil Health, Soil, Biodiversity, Wildlife, Tree’s, Careers in NRD, Watershed, and Nitrates.
The 8th Grade Conservation Day wouldn’t be possible without our natural resources professionals from across Nebraska who came to share their expertise with the students. The presenters came from variety of agencies and towns, Natural Resources Conservation Services, UNL Nebraska Extension, Lower Loup NRD, Lewis and Clark NRD, Lower Elkhorn BGMA coordinator, Nebraska Forestry, and the Lower Niobrara NRD staff.
This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.
_____________________________________________________________________________________________________________ 22-051 June 2022
LB 1014e Section 51: Reverse Osmosis
The American Rescue Plan Act of 2021 (ARPA), was signed into law by the President on March 11, 2021. The State of Nebraska was allocated $1.04 billion of Coronavirus State Fiscal Recovery Funds, which in part may be used to make necessary investments in water and sewer infrastructure. In the final rule adopted for implementation of these funds, the U.S. Department of the Treasury aligned the eligible uses of these funds with the wide range of types or categories of projects that would be eligible to receive financial assistance through the Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF). In Nebraska, the SRF programs are administered by Nebraska Department of Environment and Energy (NDEE).
Signed into law by Governor Pete Ricketts on April 13, 2021, Section 51 of Legislative Bill No. 1014e states that these funds are “…for grants for reverse osmosis systems, which shall only be used for such purpose”. The narrative of the legislation further clarified that the NDEE “…shall provide grants for villages and cities of the second class to install reverse osmosis systems in community water systems where drinking water test levels are above ten parts per million of nitrate and, if appropriate, provide grant funds for use to install reverse osmosis systems if test levels for nitrate in drinking water pumped from private wells are above ten parts per million”
Reverse Osmosis treatment to remove nitrates from drinking water is eligible for assistance under the DWSRF, and therefore under ARPA. The ARPA final rule states that eligible projects can also include rehabilitation of private wells, testing initiatives to identify contaminants in wells, and treatment activities and remediation strategies that address contamination.
Total Funding Amounts: $4,000,000 Public Water Systems: $2,800,000 Property Owners: $1,200,000
Period of Availability: See requirements under specific programs below. Who is Eligible: • Villages and Cities of the Second Class (population 5,000 or below) with a community water system where drinking water test levels are above ten parts per million (10 ppm) of nitrate. • Property owners of private wells with drinking water test levels above 10 ppm of nitrate.[1][2] 1 To ensure that these funds provide a benefit to public health, private wells must be registered with the Nebraska Department of Natural Resources. 2 Private wells constructed in pits or using a sandpoint method of installation will be excluded from consideration due to the increased potential for coliform bacteria to be present in the well.
Eligible uses of funds: • Reverse Osmosis treatment to remove nitrates from drinking water. • Testing initiatives to identify contaminants in wells.
Application Procedure for Community Public Water Systems ($2,800,000 Total) Funding Amount: To be determined as part of ranked choice evaluation process Period of Availability: Application period closes September 30, 2022, with contracts for construction needed by September 30, 2024 with substantial completion of construction by September 30, 2026
• Must submit a needs survey form to the SRF Section at NDEE by September 30, 2022. Forms will be mailed out to all potentially eligible entities by July 22, 2022, based on the last five years of testing data from the Department’s Safe Drinking Water Information System (SDWIS). SDWIS is the database of record for implementing Nebraska’s Safe Drinking Water Act and all system testing results indicating nitrates above 10 ppm are presently known. • Cost impacts of operation and maintenance for any potential awardee will also be evaluated to ensure that the local government entity is capable of meeting all technical, financial and managerial aspects of operating a Reverse Osmosis treatment plant without unreasonable costs being placed on its residents. Preference may be given to those communities that have completed water studies of their system. The NDEE will publicly notice the proposed the list of community public water systems eligible for this Section 51 ARPA assistance for comment. After resolution of any comments received, the selected applicants will be required to submit planning documents meeting the requirements of Title 179 – Public Water Systems, Chapter 7 – Siting, Design and Construction of Public Water Systems, and where applicable, those noted in the “Recommended Standards for Water Works”, 2007 Edition. These standards are required of all public water system projects in the state.
The NDEE will enter into a contract with the community(ies) to provide the authorized grant assistance up to the $2,800,000 for State Fiscal Year 2022-23 authorized in Section 51 of LB1014e. The contract will contain provisions to ensure the funds meet the requirements of ARPA noted in the U.S. Department of Treasury State and Local Fiscal Recovery Funds Final Rule (SLFRF-Final-Rule.pdf (treasury.gov)), notably the Compliance and Reporting guidance (SLFRF Compliance and Reporting Guidance (treasury.gov)). Additional information may be found at SLFRF-Final-Rule-FAQ.pdf (treasury.gov). Projects must be completed in accordance with Title 179 – Chapter 7, to confirm all state laws will be met. Those requirements will ensure nitrate levels in public water systems owned by Villages and Cities of the Second Class are reduced to concentrations below 10 ppm in drinking water. Should any of the contracts with the selected applicants exceed $1 million in capital expenditures, written justification must be completed in accordance with the State and Local Fiscal Recovery Funds Final Rule but is not required to be submitted to the U.S Treasury. (Page 201 of ARPA Final Rule)
The contracts will contain a clause that all work must be under contract for construction by September 30, 2024 for substantial completion by September 30, 2026. Should the contract date be missed by communities, funds will be re-allocated to other awarded projects determined by the Department to best meet the ARPA required dates of under contract by December 31, 2024 and construction completed by December 31, 2026, respectively.
Procedure for Property Owners Funding Amount: Up to $4,000 per small treatment installations via rebates
Period of Availability: Application period opens January 1, 2023 and closes June 30, 2024 with installations needing to be completed by September 30, 2024 • Property owners will be eligible for rebates for small treatment installations, those effective for the removal of nitrates above 10 ppm for up to 100 gallons of consumptive water use per day. Minimum requirements for any treatment device are presented in Appendix A below. Should applications exceed funding amounts, ranking will be based on concentration of nitrate. • Information on the rebate program and applications for assistance will be made available at http://dee.ne.gov/ – only complete applications will be accepted to maintain compliance with ARPA requirements. A directional video to assist the public with the application process will be posted on that webpage. • Property owners seeking rebates will have to submit water quality data from the State laboratory, with testing results dated no earlier than January 1, 2022, and a cost estimate from a licensed plumber for the installation of a reverse osmosis treatment device certified by the American National Standards Institute, to and for pre-approval by the NDEE. Testing is available to any private citizen in the state at https://www.nebraska.gov/dhhs/water-testkits/private.html. • Following pre-approval, the property owner must submit adequate documentation of the treatment installation, including but not limited to proof of treatment device purchase, certified statement of and/or photographs of installation. Rebates for 100% of the device purchase and installation cost up to $4,000 will be processed by NDEE, which can also include costs for testing.
For this rebate program the NDEE will be responsible for documenting that the requirements of ARPA noted in the U.S. Department of Treasury State and Local Fiscal Recovery Funds Final Rule (SLFRF-FinalRule.pdf (treasury.gov)), and notably those in the Compliance and Reporting guidance (SLFRF Compliance and Reporting Guidance (treasury.gov)) are met. By relying on a licensed plumber, all state and local laws will be met. The requirements in Appendix A will ensure nitrate levels in drinking water from private wells are reduced to concentrations below 10 ppm.
ARPA funds must be under contract/purchase order for installation by the end of 2024. Therefore, the application window will close on June 30, 2024 with installations needing to be completed by September 30, 2024. Any excess rebate program funds would be transferred to ongoing Community Public Water System projects.
Appendix A PRIVATE WELL INSTALLATION REQUIREMENTS a. Treatment Systems Certification – Systems that are American National Standards Institute (ANSI) certified (National Sanitation Foundation, Water Quality Association, or Underwriters Laboratories) for removal of nitrates, and provide proof of that certification to the Department. b. Performance Indication Device – All devices must have a performance indication device (PID) which alerts the user when the device is no longer meeting treatment standards, and be calibrated to signal the customer prior to the device reaching its exhaustion stage. c. Confirmation Testing – After installation, all devices will have a sample collected from and tested for nitrates at the State Laboratory. The results will be submitted to the Department
Throughout 2022, Nebraska Natural Resources Districts (NRDs) are celebrating 50 years, commemorating breakthroughs, and achievements in conservation. The Lower Niobrara NRD held an Open House July 14th to celebrate and a chance to look back at pictures and memories of how the NRD has changed and grown in the past 50 years. Thank you to all who came to the office and enjoyed the amazing cake and cookies, shared memories, and stories with us and most of all helped us celebrate our 50th anniversary.
“We are proud to celebrate five decades of protecting, conserving and improving Nebraska’s nature resources.” Said Dr. Orval Gigstad, Nebraska Association of Resources Districts president. “It’s amazing to see the conservations progress that has been made these last 50 years and NRD directors and staff know the work we do today – planting trees, water management, soil health- will directly impact our future.”
After the devastation of the Dust Bowl, special purpose districts were developed to sole local soil and water-related problems. But the puzzle of overlapping authorities and responsibilities provided confusion at best.
In 1969, Senator Maurice Kremer introduced legislative bill 1357 to combine Nebraska’s 154 special purpose entities into 24 Natural Resources Districts by July 1972. In 1989, The middle Missouri Tributaries NRD and the Papio NRD merged to become the Papio-Missouri River NRD resulting in today’s 23 Natural Resources Districts.
Today, Nebraska’s unique system of locally controlled, watershed-based conservation is widely admired throughout the nation. NRDs deliver several state and federal programs including many projects with the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), Nebraska Department of Environment and Energy (NDEE), Nebraska Department of Natural Resources (NeDNR) and the University of Nebraska. These partnerships equate into real dollars for Nebraska agriculture and communities.
Across the state, Natural Resources Districts construct projects, implement programs and aid landowners in conservation and natural resources management. When necessary, they enact regulations to protect our resources. While all NRDs share the 12 main responsibilities, each district sets its own priorities and develops its own programs to best serve and protect Nebraska’s natural resources. Often the most recognizable NRD responsibilities include groundwater management, flood protection and conservation trees.
Since being created in 1972, NRDs have experienced tremendous growth in the responsibilities given to them by state statute, especially in protecting groundwater. Despite being the No. 1 irrigated state in the nation, Nebraska’s statewide groundwater levels have been sustained at levels less than a foot below the pre-irrigation development in the 1950s. In some areas, groundwater levels are even higher. Many states are facing massive groundwater declines with almost depleted aquifers.
Today the Lower Niobrara NRD covers approximately 1.7 million acres. We have adopted voluntary IMP on March Marc 3,2014. We developed well and acre ranking models, certified all groundwater irrigated acres and recently added 700 new irrigated acres and approved 9 new wells. We currently have 238,000 irrigated acres, 2686 active irrigated wells. Groundwater irrigation accounts for over 90% of all the irrigation in our district. We issue over 1,389 chemigation permits per year, sell around 12,200 trees and shrubs yearly, present in all elementary schools in our district. We are part of the Bazile Groundwater Management Area (BGMA) along with 3 other districts. We have the West Knox Rural Water District in Verdigre which serves 250 rural customers plus villages of Verdigre and Winnetoon.
This public hearing is being held to receive public feedback, provide information about the wellhead protection plan development process, why the plan is needed, and the best management practices associated with a wellhead protection area. The goal is to establish a recommended plan that is supported by the public and the LNNRD.
All interested persons are invited to attend and present relevant comments and questions. Project information will be available and personnel from the LNNRD and the consultant team will be present to answer questions and receive comments. A formal presentation will not be included as part of this public hearing. The information open house format allows the public to come at any time during the advertised hours, gather pertinent information about the project, speak one-on-one with project personnel, and leave as they wish.
LNNRD will make every reasonable accommodation to provide an accessible meeting facility for all persons. Appropriate provisions for the hearing and visually challenged or persons with Limited English Proficiency (LEP) will be made if the LNNRD is notified by August 1, 2022. The public is being encouraged to make suggestions or express concerns regarding this proposed project. Comments will be collected through August 24, 2022. Written comments or requests should be submitted to: Stacey Roach, Olsson, 601 P Street, Suite 200, Lincoln, NE 68508; sroach@olsson.com; telephone 402-458-5042.
Information regarding the proposed project (including the draft plan) has been made available on the project website at https://lnnrd.org/about/west-knox-rural-water/. For those without internet access, please contact the individual above.
The Lower Niobrara NRD awarded John Wendt a scholarship to attend the Adventure Camp about the Environment (ACE Camp). ACE camp is 4 days packed full of exploring, learning and outdoor fun at the State 4-H Camp in Halsey, NE. The camp is for youths is for 6th, 7th, and 8th graders. The camps sessions are on Forestry, Water, Range, Soils and Wildlife. John Wendt is a son of Michael and Brenda Wendt from Bristow NE. John presented to the LNNRD board about is time spent at the camp. His favorite activity was making and launching bottle rockets which his team placed 2nd. There were approximately 70 kids that attended ACE camp this year. John stated that he really enjoyed the camp and is hoping to go next year.
The Lower Niobrara Natural Resources District, Board of Directors, voted to allow up to 500 approved, new ground water irrigated acres in the District at their June 3rd meeting. The Lower Niobrara NRD will be accepting applications starting July 1st, 2022 and ending August 31st, 2022. An application will include a nonrefundable fee, an aerial photo of the property to be irrigated, location of all existing well, location of proposed new well, a test hole log within 330 fee of the new well location and must be submitted by the landowner. Each application will be ranked for soil, well and ground water criteria according to the Rules and Regulations of the Lower Niobrara NRD. All applicants will be notified by October 31st, 2022 of their application approval or denial for new ground water irrigated acres. The maximum allowed approved new ground water acres per person or entity is 160 acres and will also follow the Rules and Regulations of the Lower Niobrara NRD.
Contact the Lower Niobrara Natural Resources District in Butte at (402)775-2343 for an application or questions regarding the 2022 new irrigated acre program.
In accordance with LNNRD’s Integrated Management Plan, the Nebraska Department of Natural Resources (NDNR) can also allow new surface water irrigation appropriations for up to 167 acres. All surface water questions and applications should be submitted to NDNR.
NRDs Celebrate 50 Years of Natural Resources Partnerships
LINCOLN, Nebraska – Nebraska’s Natural Resources Districts (NRDs) have worked hand-in-hand with conservation partners to support landowners for 50 years to accomplish the mission of protecting lives, property and the future.
NRDs deliver several state and federal programs including many projects with the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), Nebraska Department of Environment and Energy (NDEE), Nebraska Department of Natural Resources (NeDNR) and the University of Nebraska. These partnerships equate into real dollars for Nebraska agriculture and communities.
“Nebraska policymakers had incredible foresight when creating the NRDs realizing that our strength lies in collaboration with partners to champion conservation,” said Jim Eschliman, Nebraska Association of Resources Districts president. “Our partnerships with local, state and federal agencies have helped deliver conservation to millions of acres across Nebraska to reduce soil loss and improve water quality and quantity.”
Last year alone, NRCS applied over 11,000 conservation practices on more than 865,000 acres across Nebraska. These conservation practices leverage the work of the NRDs by helping Nebraska’s farmers and ranchers improve soil health, increase irrigation efficiency, and make grazing land more productive.
“NRCS and the NRDs have been working hand-in-hand for the past 50 years,” said Stacy Riley, acting state conservationist for Nebraska NRCS. “Nebraska’s landowners are fortunate to have the strong partnership between NRCS and the NRDs. Through this partnership, more conservation opportunities are available to farmers and ranchers to help improve and conserve their natural resources. And that benefits all Nebraskans.”
When it comes to protecting Nebraska’s water quality, NRDs work closely with the Nebraska Department of Environment and Energy to improve surface water, groundwater and drinking water through projects that target non-point source pollution.
In 2018, two Nebraska watersheds – Antelope Creek and Shell Creek – were removed from the impaired waters list thanks to collaborative efforts with many state and federal agencies including NDEE.
Antelope Creek is an urban stream that lies entirely within Lincoln and is part of the Lower Platte South NRD. NDEE listed Antelope Creek as impaired for E. coli bacteria in 2004. Collaborative efforts over 20 years with multiple partners and implementation of numerous projects resulted in significantly reduced E. coli levels and Antelope Creek was removed from the impaired waters list.
Shell Creek includes more than 300,000 acres, stretching from Newman Grove to Schuyler in the Lower Platte North NRD. The Shell Creek Watershed Improvement Group (SCWIG) is a group of landowners and farmers who worked collaboratively with NDEE, Lower Platte North NRD, and other project partners in promoting no-till farming, filter and buffer strips, cover crops, and other best management practices to help improve the quality of water draining into Shell Creek. As a result of these conservation efforts, the atrazine level significantly declined and the creek was removed from the impaired waters list, and now supports aquatic life.
“These delistings show how multiple partners have come together to significantly improve water quality in Nebraska,” said Jim Macy, director of the Nebraska Department of Environment and Energy. “This is an extremely difficult and rare thing to accomplish resulting from the implementation of a comprehensive watershed management plan. We look forward to continuing our work with Nebraska’s NRDs to provide safe, quality water for our state.”
As the No. 1 irrigated state in the nation, managing Nebraska’s water to ensure there is enough for domestic, industrial and agricultural purposes is essential. The Nebraska Department of Natural Resources works with NRDs to develop local and basin-wide integrated management plans to sustain a balance between water supplies and uses and protect the rights of existing water users.
In the Upper Platte Basin, the rehabilitation of irrigation canals for conjunctive water management efforts has allowed for groundwater recharge and kept more water in the state. Proactive management and the creation of a water tracking program in the Lower Platte Basin helps water managers evaluate supplies and demands. In the Republican Basin, a water balance forecasting system allows producers to plan for the irrigation season. Across the state, NeDNR works closely with NRDs to ensure existing water users are protected now and into the future.
“Working together, the Department of Natural Resources and the NRDs continue to build on the strong foundation of using water-use and water-supply data for decision-making and informing policymakers and citizens alike,” said Tom Riley, NeDNR director. “Together we create resilient programs to balance Nebraska’s water use and supply.”
To ensure producers have the latest research and understanding of best management practices, NRDs work with the University of Nebraska on demonstration plots, educational workshops, data collection and more.
“The Nebraska Water Center has long appreciated the NRDs commitment to partnering with the University to support research and education statewide,” said Dr. Chittaranjan Ray, Director of the Nebraska Water Center, Daugherty Water for Food Global Institute at the University of Nebraska. “These partnerships connect cutting-edge research to local challenges, benefiting all Nebraskans. Most importantly, our collaborations support students to become the next generation of conservation leaders.”
Eschliman noted that the Natural Resources Districts have numerous partners around the state that contribute knowledge, funds and time to help conserve Nebraska’s resources for future generations.
“Our work would not be as successful without the support of these valued partners,” Eschliman said. “We’re excited for what we will accomplish together in the next 50 years.”
Throughout 2022, the NRDs will commemorate breakthroughs and achievements in conservation. To join in the celebration and follow the Natural Resources Districts’ special activities throughout 2022, visit nrdnet.org and follow #Since1972 on social media.
The Nebraska Association of Resources Districts (NARD), the trade association for Nebraska’s 23 Natural Resources Districts (NRD), works with individual districts to protect lives, property and the future of Nebraska’s natural resources. NRDs are unique to Nebraska, and act as local government entities with broad responsibilities to protect Nebraska’s natural resources. Major Nebraska river basins form the boundaries of the 23 NRDs, enabling districts to respond to local conservation and resource management needs. Learn more about Nebraska’s NRDs at www.nrdnet.org.
Contact Megan Grimes, Public Relations Director Office: 402.471.7672 Cell: 402.419.4235 mgrimes@nrdnet.org
Throughout 2022, Nebraska’s Natural Resources Districts (NRDs) will celebrate 50 years of protecting lives, property and the future. During the next 12 months, the NRDs will commemorate breakthroughs and achievements in conservation. “In the past 50 years, NRDs have adapted while facing changes in technology, funding, legislation, agencies and society,” said Jim Eschliman, Nebraska Association of Resources Districts president. “Nebraska’s locally led conservation model has been a successful legacy because of our ability to adapt to the local needs of our communities.” After the devastation of the Dust Bowl, special purpose districts were developed to solve local soil and water-related problems. But the puzzle of overlapping authorities and responsibilities provided confusion at best. In 1969, Senator Maurice Kremer introduced legislative bill 1357 to combine Nebraska’s 154 special purpose entities into 24 Natural Resources Districts by July 1972. In 1989, The Middle Missouri Tributaries NRD and the Papio NRD merged to become the Papio-Missouri River NRD resulting in today’s 23 Natural Resources Districts. Today, Nebraska’s unique system of locally controlled, watershed-based conservation is widely admired throughout the nation. In recent years, at least 11 states ranging from Washington to Arkansas and Illinois to California, have inquired about applying a similar system for natural resources management. Despite being the No. 1 irrigated state in the nation, Nebraska’s statewide groundwater levels have been sustained at levels less than a foot below pre-irrigation development in the 1950s. In many areas, groundwater levels are higher.
“Many states are facing massive groundwater declines with almost depleted aquifers,” Eschliman said. “NRDs work with irrigators to monitor water use, establish groundwater recharge projects, and implement water-wise programs. Depending on rainfall, Nebraska’s groundwater levels often rise above pre-development levels.” Across the state, NRDs construct projects, implement programs and offer a major source of assistance to landowners in conservation and natural resources management. When necessary, they enact regulations to protect our resources. While all NRDs share the 12 main responsibilities, each district sets its own priorities and develops its own programs to best serve and protect Nebraska’s natural resources. Eschliman noted that Nebraska’s NRDs will continue to build upon, refine, and adapt as they look to the future. “Conservation is something that impacts us all and we need to pitch in and be good stewards of our land and water,” he said. “Locally elected NRD boards across the state are uniquely positioned in their communities to help manage our natural resources for future generations.” To join in the 50th anniversary celebration and follow the Natural Resources Districts’ special activities throughout 2022, visit nrdnet.org and follow #Since1972 on social media. The Nebraska Association of Resources Districts (NARD), the trade association for Nebraska’s 23 Natural Resources Districts (NRD), works with individual districts to protect lives, property and the future of Nebraska’s natural resources. NRDs are unique to Nebraska, and act as local government entities with broad responsibilities to protect Nebraska’s natural resources. Major Nebraska river basins form the boundaries of the 23 NRDs, enabling districts to respond to local conservation and resource management needs. Learn more about Nebraska’s NRDs at www.nrdnet.org.
