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Resources Dist., 245 Neb. 299, 512 N.W. 2d 642 (1994). Ground water, as defined in this section, is owned by the public, and the only right held by an overlying landowner is in the use of the ground water.
The majority of public water systems in Nebraska get their water from groundwater, underground aquifers. Less than 10 percent utilize surface water sources like lakes and rivers. Of note however, is that the majority of our population, Omaha and Lincoln, drink both surface and groundwater.
California has a dual system of water rights that recognizes both riparian and appropriative rights. As mentioned above, there are four main types of water rights that pertain to surface water: riparian rights, pre-1914 and post-1914 appropriative rights, and prescriptive rights.
The top landowner in Nebraska is the federal government, which oversees 549,346 acres in the state. The majority of this acreage (64.2%) is managed by the U.S. Forest Service. Media mogul Ted Turner owns seven holdings in Nebraska that total 445,000 acres.
Nebraska Correlative Water Rights for Groundwater Correlative Rights allow land owners to drill wells and extract groundwater from an underlying aquifer for beneficial purposes subject to management by the public. In 1957 the Unicameral passed legislation requiring the registration of all irrigation wells.
Overlying rights refer to a landowner's right to the use of ground water below the surface of their land.