Upper Elkhorn Natural
Resources District
ORDER
Rule Amendments
October 26, 2026
FINDINGS
1. Nebraska Revised Statutes § 46-701 et seq., provides the authority for the adoption and amendment of rules and regulations for the management of groundwater.
2. Notice of the October 26, 2026 Public Hearing on the proposed rule and regulation amendments was published in accordance with state law in the following newspapers in general circulation in the Upper Elkhorn NRD (“UENRD”): (a) Holt County Independent, (b) Atkinson Graphic, (c) Antelope County News, (d) Rock County Leader, (e) Elgin Review, and (f) Summerland Advocate-Messenger.
3. Notice of the Public Hearing of the proposed rule and regulation amendments was posted on the UENRD website at www.uenrd.org. Copies of the proposed rules and regulation amendments were also made available from the UENRD office in O’Neill, Nebraska at the time of publication of the newspaper notices identified above.
4. The Public Hearing was held on October 26, 2026 in accordance with state law and as noticed. All persons present at the Public Hearing were afforded an opportunity to provide oral or written testimony regarding the proposed rule and regulation amendments.
5. Written testimony received at the UENRD office by 4:30 p.m. on October 23, 2026 was submitted to the record of the Public Hearing. The record of the Public Hearing was held open for the receipt of written testimony until the close of the Public Hearing. Copies of all written testimony, personally provided at the Public Hearing or mailed, were made available to the UENRD Board of Directors for their consideration.
6. Testimony presented at the Public Hearing, whether written or oral, is part of the Public Hearing record on file with the UENRD office in O’Neill, Nebraska.
7. The UENRD Board of Directors considered all testimony and, in open session, at its regular Board of Directors meeting on October 26, 2026, voted to approve the proposed rule and regulation amendments.
8. The changes to the Rules & Regulations are as follows:
a. The proposed amendments apply to the overall Rules & Regulations.
b. The proposed amendments authorize a general restructuring of the number identification system of the Rules & Regulations.
c. The proposed amendments update references to Department of Environment and Energy and Department of Natural Resources to Department of Water, Energy, and Environment.
d. The proposed amendments remove duplicated Rules & Regulations and correct grammatical errors.
e. The proposed amendments update the District Groundwater Quality Management Areas as follows:
Antelope County:
Sections 1-36, Township 23 – Range 5W From Phase I to Phase II
Sections 1-36, Township 23 – Range 6W From Phase I to Phase II
Sections 1-36, Township 23 – Range 8W From Phase I to Phase II
Holt County:
Sections 19-36, Township 29 – Range 12W From Phase I to Phase II
Sections 1-36, Township 25 – Range 9W From Phase I to Phase II
Rock County:
Sections 19-36, Township 31 – Range 19W From Phase II to Phase III
Sections 1-36, Township 30 – Range 19W From Phase I to Phase III
Sections 1-36, Township 29 – Range 19W From Phase II to Phase III
f. Chapter 2: The proposed amendments authorize updated enforcement rules and regulations to better conform to state statutes.
g. Rule 3.1.1.2 & Appendix A: The proposed amendments include the addition of the Upper Elkhorn NRD Moratorium and Stay Designation Map.
h. Rule 3.2: The proposed amendments clarify terminology throughout the Transfer rule.
i. Rule 3.4.5: The proposed amendments require the applicant who applies for and signs the water well permits to be the landowner or power of attorney.
j. Rule 3.4.13: The proposed amendments update the Hydrologic Evaluation section and moves it into Rule 3.4 Water Well Permits
k. Rule 3.6.7: The proposed amendments update the expiration date for Nitrogen Certification Cards to March 1st of the fourth year of the certification license.
l. Rule 3.7: The proposed amendments update the Phase Level Designations and Controls.
m. Rule 3.7.2.3.7: The proposed amendments update the pound per acre residual nitrate-nitrogen trigger levels for Phase III soil sampling to account for organic matter levels.
n. Rule 3.9: The proposed amendments update the requirements for Annual Phase II Crop Reporting through Producer Connect.
BY THE AUTHORITY VESTED IN THE UPPER ELKHORN NATURAL RESOURCES DISTRICT BOARD OF DIRECTORS BY NEBRASKA LAW, IT IS HEREBY ORDERED:
1. The rule and regulation amendments adopted by the UENRD Board of Directors on October 26, 2026, attached hereto and fully incorporated herein, are adopted and shall become effective January 1, 2027.
Signed by UENRD Board Chairman Trevor Gotschall and General Manager Dennis Schueth on October 26, 2026.
PUBLISH: November 4, 11 & 18, 2026
ZNEZ
