Two systems under one roof
Nebraska treats rivers and aquifers under different law. Surface water follows prior appropriation, where priority comes from the date the application was filed. Groundwater follows correlative rights, which works more like share and share alike.
Under correlative rights, every landowner may make reasonable, beneficial use of the groundwater beneath their land. When supply runs short for everyone, those uses are balanced against each other.
The state agency formerly called the Department of Natural Resources is now the Department of Water, Energy, and Environment (DWEE). It handles surface water permits and the statewide well registry. Groundwater pumping is regulated locally by Nebraska's 23 natural resources districts (NRDs), which can limit how much a well may pump.
Surface water permits
Most surface water users need a permit from DWEE, approved for a specific location, amount and purpose. Under Neb. Rev. Stat. 46-229, a right that goes unused for more than five consecutive years may be terminated. Only the Chief Water Officer can terminate it, through a set legal procedure.
Wells and the registry
Every well completed on or after July 1, 2001, apart from test holes and dewatering wells used for less than 90 days, must be registered with DWEE within 60 days of completion. The licensed contractor usually files, or the owner if they built the well themselves.
A registration is a record of the well, not a guarantee of how much it may pump. That is set by the NRD's rules for your area.
What changes when land sells
DWEE's guidance notes that surface water rights are administered by the department and are not recorded with the deed when land is bought or sold. Ask the department to confirm the right's status as part of the purchase.
For wells, Neb. Rev. Stat. 46-602 requires the owner to notify DWEE of any change in ownership of a registered well. There is no fee, and the department uses the notice to update the registration.
Searching the records
DWEE's registered groundwater well search lets you look up and export wells by location, including purpose, status, depth and construction details. The department's maps also include a Surface Water Appropriations layer. For pumping limits, allocations or new-well moratoriums, contact the NRD that covers the land.