Владелец земли в Небраске признал нарушение правил использования скважины для орошения

Loren Victor did some experimenting by using a livestock well for irrigation purposes. By doing so, the Thurston County landowner from Emerson committed a violation of Lower Elkhorn Natural Resources District rules. LENRD staff discovered the improper use of a well on Victor’s property in July. Victor stood in front of the LENRD Board of Directors and attorneys Mark Fitzgerald and Dave Domina to discuss the matter under oath on Aug. 27. Victor was one of three witnesses called to provide testimony. LENRD water resources manager Doug Hallum and water resources technician Dallas Dorey also were called as witnesses to the violation. WELL BACKGROUND In July 2005, the LENRD issued a permit to construct the irrigation well at the location. The well was designed to irrigate 250 acres. Then, in August 2016, a permit for a replacement well was issued. On May 31, 2017, Victor submitted a water well modification form to the State of Nebraska stating the reason for change “did not intend to decommission the well, but to use for livestock and monitoring.” On July 20, a field visit was conducted by LENRD staff. Dorey asked Hallum to visit the site with him. It was noticed that a violation of district rules was allegedly committed. A notice of intent to issue a cease-and-desist order was mailed to Victor by certified mail on July 22. Victor signed for the letter on July 28. “This was a well that once served as an irrigation well to irrigate this property,” LENRD general manager Brian Bruckner said. “A permit to replace it was issued. It was indicated in the conditions of a replacement permit that he could retain physical possession of that well, it could not be used for irrigation — it could only be used for livestock purposes and would have to pump 50 gallons (of water) per minute or less.” If Victor would have wanted to bring the well back as a high-capacity well to serve as an irrigation well, a permit would have been needed. Victor did not pursue a permit. WITNESS NO. 1: DOUG HALLUM When called to the podium to provide testimony, Hallum talked about the condition of the north well that was in question. “Dallas (Dorey) noticed the tag on the pump said ‘Dietz Well Service,’ ” Hallum said. “So, we knew somebody was out there working because the panel looked pretty new.” Hallum went on to talk about the interaction he and Dorey had when questioning Victor on the property. “I mentioned that using a well that had been replaced and converted to minimum uses was a violation of district rules,” Hallum said. “He said that he had three wells on the property but only was allowed to use two of them because two of them are registered irrigation wells.” Hallum said he informed Victor that he did not have the right to select which two wells he would use and that each well gets its own permit. Hallum went on to say that Victor sought to transfer swap the registration to a third well. “I indicated to Mr. Victor that it can be possible in some cases if they (people) come to us and work through the permitting process,” Hallum said. “We try to be accommodating to all of our landowners when they do those sorts of things. If it’s after the fact when things are installed and already pumping that a clear violation of rules in the replacement well permit conditions.” Attorney Domina asked Hallum what the proper procedure would have been for Victor. “He (Victor) could have applied for a permit of variance to convert that to an irrigation well and we would have examined whether that was a possibility under the rules or whatnot,” Hallum said. “We would have examined the state rules and the district rules to determine if there was a way to experiment.” WITNESS NO. 2: DALLAS DOREY Dorey discovered the violation committed by Victor. He then asked Hallum to visit the site for an extra set of eyes. “Mr. Victor stated he had been measuring the well every day,” Dorey said. WITNESS NO. 3: LOREN VICTOR When called to speak under oath, Victor was asked by Bruckner about his understanding of the ability to use the north well in question. “I had once asked about trying to transfer the use of the south well to the north well,” Victor said. “As close as I could remember, there wasn’t a set way of doing that. I’ve asked on more than one occasion. I didn’t know what to pursue. I figured before I tried to pursue anything, I wanted to make sure it would work so I wouldn’t lose the use of the south well that I had been using for pumping.” Victor said the south well worked fine over the years. When asked how long he was experimenting with the north well as a supplemental well, Victor responded at least five days. “I was trying to be an environmentalist,” Victor said. Victor was using the north well (livestock well) as a source of irrigation water. When Domina asked about the new tags on the well from Dietz Well Service, Victor said they were in place since the summer months of 2026. “Would it be fair to say that one of the reasons that you were looking to get water is so you didn’t have to do the physical work yourself?” Domina asked Victor. “Yes,” Victor responded. Victor said Dietz Well sent a camera down to see what the issues might have been inside of the well. Victor said Dietz later brushed out the slots, for which he was not present. A new submersible pump was installed. Domina then asked Victor if he knew before he could do that, he would need permission from the LENRD. “There wasn’t any way to get permission,” Victor said. Victor went on to to say that he did know that the LENRD is responsible for regulating the well. Domina asked Victor if he knew that if he applied to use the northeast well, he would first have to sacrifice use of the southeast well. “I’m not for sure on that,” Victor said. When asked what the standards for his experiment were, Victor said he wanted water levels to stay above the stream and not cause problems for anybody else or himself. Victor was later asked if he was checking water levels and recording the data on a log. “I tried to,” he said. Domina then asked what Victor’s plan was for how long he would do this. “I guess until I was satisfied or until it was stabilized,” Victor said. “Then what was your plan?” Domina asked. “I would try to come talk to them (the LENRD) again and see if we could change the laws,” Victor said. Domina later asked Victor if he conceded that he was pumping water using an irrigation well from a livestock well. Victor admitted to the violation and said he was in violation for about five days. CLOSED SESSION The LENRD Board of Directors met in a closed session for 32 minutes. After discussion, the board decided to set aside time at the Thursday, Sept. 24, board meeting on whether to issue a cease-and-desist order against Victor for the violation.