Addition to Rules and Regulations for Enforcement of the Groundwater Management and Protection Act

SECTION D:

RULES AND REGULATIONS FOR THE PUMPKIN CREEK BASIN

GROUNDWATER MANAGEMENT SUB-AREA

AMENDED 2004 – Effective Date March 12, 2004

Rule 1

      Definitions: As used in these rules and regulations:

    A. Pumpkin Creek Basin Groundwater Management Sub-Area shall mean the groundwater management sub-area established by Order No. NPNRD-4 adopted on February 15, 2001 , by the North Platte Natural Resources District Board of Directors, pursuant to Sec. 46-656.20, Nebraska Revised Statutes, with an effective date of March 21, 2001 . The geographic boundaries are identified on Attachment A, incorporated herein by reference. The stratigraphic boundaries include the following geologic units: The Tertiary Oligocene Brule Formation, Quaternary Alluvium, Quaternary Colluvium, and eolian deposits, as defined by the Conservation and Survey Division of the University of Nebraska-Lincoln . The purposes of the Pumpkin Creek Basin Groundwater Management Sub-Area are: (1) the protection of groundwater quantity; (2) the protection of groundwater quality from non-point source contamination; and (3) the integrated management of hydrologically connected groundwater and surface water.

     B. Range livestock shall mean livestock that are kept in pastures, on rangeland, or on other grazing lands and allowed to feed on vegetation growing therein. Range livestock shall not mean (a) livestock kept in buildings, lots or pens which normally are not used for the growing of crops or vegetation; or (b) any livestock kept in any livestock operation that is required by the Livestock Waste Management Act or state livestock waste regulations to obtain a permit from the Department of Environmental Quality. Livestock which are confined for fewer than 90 days per year may be considered range livestock if they meet the other conditions in this definition.

     C. Replacement well, for the purposes of Section D of these rules and regulations, shall mean a water well which (a) replaces an abandoned water well within three years of the last operation of the abandoned water well or replaces a water well that will not be used after construction of the new water well and the original water well will be abandoned and properly decommissioned within 30 days after such construction and (b) is constructed to provide water to the same tract of land served by the water well being replaced; PROVIDED that (a) such replacement well is not designed or constructed to pump more water than the well it replaces; (b) no more than one replacement well may be used to replace the original well; (c) the replacement well must be used for the same purpose as the original water well; and (d) no replacement well may be installed for any well that has not been certified according to Rule 6.

     D. Certified irrigated tract shall mean a parcel of land in Pumpkin Creek Basin Groundwater Management Sub-Area that has been certified by the District to allow the use of groundwater for irrigation according to the process described in these rules and regulations.

     E. Allocation unit shall consist of two or more certified irrigated tracts and the water wells that provide water to such tracts, as designated under the provisions of these rules and regulations, so that the allocations of more than one certified irrigated tract may be combined. There are two types of allocation units:

     A pre-existing allocation unit consists of two or more certified irrigated tracts that meet the following criteria:

1. They are irrigated by two or more interconnected wells

2. They are owned by the same person.

3. The wells were interconnected as of December 19, 2002 . 

     A designated allocation unit consists of two or more certified irrigated tracts that meet the following criteria:

1. They are owned by the same person. Exception: If a certified irrigated tract’s only source of groundwater is a well owned by a different landowner, that certified irrigated tract may be combined in a designated allocation unit with other certified irrigated tracts owned by the well owner, provided that the designated allocation unit meets all other criteria herein.

2. They are irrigated by wells that are not interconnected with any wells that supply any other certified irrigated tracts.

3. They are irrigated by wells located within a square measuring 1 mile by 1 mile.

4. If any of the certified irrigated tracts are supplied by two or more wells, at least one well from each tract must be located within the 1-mile by 1-mile square.

Landowners may apply to create designated allocation units on forms provided by the District, subject to any deadlines in these rules and regulations.

     F. Allocation shall mean the allotment of a specified total number of acre-inches of irrigation water per certified irrigated acre per water year; or the allotment of a specified quantity of water per water year for livestock operations or other groundwater uses.

     G. Total current allocation shall mean the amount of groundwater allocated to a certified irrigated tract during any water year, expressed in acre-inches, and obtained by multiplying the total acres in a certified irrigated tract by the allocation.

     H. Certified livestock operation shall mean a livestock operation in Pumpkin Creek Basin Groundwater Management Sub-Area that has been certified by the District to allow the use of groundwater for livestock production according to the process described in these rules and regulations.

     I. Certified other use shall mean an activity taking place in Pumpkin Creek Basin Groundwater Management Sub-Area, other than irrigation or livestock production, that has been certified by the District to allow the use of groundwater according to the process described in these rules and regulations.

     J. Animal unit shall mean a unit of measurement for any livestock operation calculated by adding the following numbers:

The number of slaughter and feeder cattle multiplied by 1.0,

plus the number of mature dairy cattle or cow/calf pairs multiplied by 1.4,

plus the number of swine weighing fifty-five pounds or more multiplied by 0.4,

plus the number of weaned pigs weighing less than fifty-five pounds multiplied by 0.04,

plus the number of sheep multiplied by 0.1,

plus the number of horses multiplied by 2.0,

plus the number of chickens multiplied by 0.01,

plus the number of turkeys multiplied by 0.02,

plus the number of ducks multiplied by 0.2.

     K. Water year shall consist of a one-year period beginning October 15 and ending October 14 of the following year.

     L. Available water shall mean the total amount of groundwater that may be used to irrigate a certified tract during a water year. It is calculated by adding the total current allocation to the amount of unused water brought forward, if any, and then subtracting the following amounts, as applicable: allocation overdraft, allocation penalty, well overdraft and well overdraft penalty.

     M. Used water shall mean the total amount of irrigation water, in acre-inches, applied to a certified irrigated tract or allocation unit during a water year.

     N. Unused water shall mean the difference, expressed in acre-inches, between the available water for a certified irrigated tract or allocation unit and the used water for the same tract or unit.

     O. Water brought forward shall mean the portion of unused water from the previous water year that may be added to the available water during the current water year.

     P. Allocation overdraft shall mean the amount of water, in acre-inches, by which the used water exceeds the available water during a water year.

     Q. Allocation penalty shall mean a penalty assessed against an owner who incurs an allocation overdraft. An allocation penalty is expressed in acre-inches and is subtracted from the following water year’s available water.

     R. Well cap shall mean the limit on the amount of water that can be pumped from a well during a water year.

     S. Well overdraft shall mean the amount of water, in units of acre-inches, by which the water pumped from a water well during a water year exceeds the well cap.

     T. Well overdraft penalty shall mean a penalty assessed against an owner who incurs a well overdraft. A well overdraft penalty is expressed in acre-inches and is subtracted from the following water year’s available water.

     U. Acre-foot shall mean 325,848 gallons of water.

     V. Acre-inch shall mean 27,154 gallons of water.

     W. Domestic well shall mean a well constructed for the purpose of withdrawing groundwater for human needs as it relates to health, fire control and sanitation. This does not include any well drilled for a public water system.

     X. Monitoring well shall mean a well, constructed to the appropriate well standards, for the purpose of withdrawing water, collecting water quality samples, and providing hydrogeologic information.

     Y. Observation well shall mean a well constructed to the appropriate well standards for monitoring static water levels.

Rule 2

      Permits to construct wells. Notwithstanding the list of wells in Section A of the District’s Rules and Regulations for Enforcement of the Nebraska Groundwater Management and Protection Act, permits to construct water wells shall be required for all water wells within the Pumpkin Creek Basin Groundwater Management Sub-Area, regardless of the pumping capacity of the well, except wells that supply water for human needs as they relate to health, fire control, and sanitation, or water sources used to water range livestock.

Rule 3

     Moratorium. All lands within the Pumpkin Creek Basin Groundwater Management Sub-Area are closed to the issuance of any additional permits to drill water wells, except water wells for which permits may be granted in accordance with these rules and regulations. The sub-area may be reopened to the issuance of additional permits at any time the board of directors determines that conditions warrant new permits.

Rule 4

      Wells exempt from moratorium. Replacement water wells shall be exempt from the moratorium on permits established in these rules and regulations, provided that such replacement well must comply with all rules and regulations established by the District. Any replacement well shall be subject to the same rules and regulations, and any restrictions as the well it replaces.

Rule 5

     Certification of Groundwater Uses: Beginning February 1, 2002 , no person may use groundwater in the Pumpkin Creek Basin Groundwater Management Sub-Area, other than for domestic or household purposes or to water range livestock, until after the District has certified the use of groundwater by that person for that specified purpose.

     The procedure for applying for, considering, and granting or denying certification is as follows:

      A. Irrigation: Any person who uses groundwater to irrigate crops must obtain certification of each irrigated tract by applying to the District on forms provided by the District. The applicant shall furnish the following information with his or her application:

     1. Location of each irrigated tract by legal description to the nearest quarter section.

     2. An aerial photo or map of the tract.

     3. The size of each irrigated tract, in acres.

     4. The registration number(s) of any wells used to irrigate each tract.

     5. Any sources of irrigation water other than groundwater.

     6. Any other information deemed necessary by the District.

     B. Livestock operations: Any person who uses groundwater for any type of livestock operation (other than range livestock) must obtain certification of the production capacity of such livestock operation by applying to the District on forms provided by the District. The applicant shall furnish the following information with his or her application:

     1. Location of the livestock operation by legal description to the nearest quarter

         section.

     2. An aerial photo, site plan or map of the livestock operation.

     3. The type of livestock kept at the operation.

     4. The production capacity of the livestock operation, as of the effective date of these

         rules and regulations. Production capacity shall be expressed in animal units, as

         defined by the Nebraska Livestock Waste Management Act, or other appropriate units,

         such as total number of livestock or total weight of livestock. The District may require

         that an applicant submit a copy of any current state operating permit for the livestock

         operation.

     5. The registration number(s) of any wells used to provide water to the livestock.

     6. Any other information deemed necessary.

     C. Other purposes: Any person who uses groundwater for any purpose other than those listed in Section (A) or (B) of this rule must obtain certification of that groundwater use by applying to the district on forms provided by the District. The applicant shall furnish the following information with his or her application:

     1. Location of water use by legal description to the nearest quarter section.

     2. An aerial photo, site plan or map.

     3. The purpose for which groundwater is used.

     4. The amount of groundwater used in Calendar Year 2000 (or the most recent year of operation).

     5. The proportion of the groundwater used which was consumed and the disposition of

         the water not consumed. If the exact number is not known the applicant may provide

         an estimate.

     6. The registration number(s) of any wells used to provide water.

     7. Any other information deemed necessary.

     D. Consideration of Applications and Decision on Certification: All applications for certification must be submitted to the District’s office by October 1, 2001 . In considering each application, the District may take into consideration the following:

     1. Information submitted with the application;

     2. records of the U.S. Department of Agriculture;

     3. records of the county assessor;

     4. evidence submitted by the applicant or the District’s staff;

     5. any other information deemed relevant by the District.

     The District may request more information from an applicant. Certification will be based on the size and location of irrigated tracts, the capacity of livestock operations, or on the amount and purpose of other uses in calendar year 2000. Applicants who feel that information for the year 2000 does not reflect normal circumstances for that groundwater use may produce evidence to support their case. The District shall take this evidence into consideration in considering applications for certification.

      A majority vote by the members of the board of directors present at an open meeting of the board shall be necessary for approval of an application for certification. The board, at its discretion, may grant temporary certification if there is not enough time or information for final determination.

     E. Consideration of Late Applications: The District will consider applications for certification that were received after October 1, 2001 , provided that the applicant can demonstrate to the board’s satisfaction that:

1. The application meets other criteria in Rule 5. D.

2. If the parcel was not irrigated in 2000, it was for one of the following reasons:

a. It was enrolled in a USDA set-aside program, or

b. It was farmed by somebody other than the owner (such as a lessee or tenant farmer).

c. Any other reason deemed valid by the Board of Directors.

     F. Changes in Certification: The board may re-evaluate any determination on certification from time to time on its own motion or upon receiving an application for change in certification from an owner. Such application for change must be submitted on forms provided by the District. The board may approve changes if it finds that such changes would not increase the total use of groundwater or otherwise have detrimental effects on groundwater or surface water levels in the sub-area. The board may rescind any previously approved certification if it finds that (a) the application for certification contained any false or misleading information; or (b) that the groundwater user failed to meet any conditions stipulated in the certification.

     Any change in property ownership that results in a certified groundwater use passing from one person to another must be reported to the District by the new property owner within 60 days of the completion of the transaction on forms provided by the District.

     G. Appeals: Any groundwater user aggrieved by a determination of the board regarding certification of groundwater use may request a hearing before the District for the purpose of reconsidering that decision. Such request shall be filed with the District within 30 days of board action on the groundwater user’s application. Such hearing shall be conducted in accordance with the District’s rules and regulations for informal, non-adjudicatory hearings unless a groundwater user requests a formal, adjudicatory hearing. The burden of proof shall be on the groundwater user to document that the District’s decision should be modified.

Rule 6

      Controls: The following Level II controls shall apply in the Pumpkin Creek Basin Groundwater Management Sub-Area:

     A. Flow meters. By May 1, 2003 , or before the date a well is placed in operation, whichever date is later, and except as otherwise provided herein, the owners of all existing wells must install flow meters on such wells. Flow meters need not be installed on (a) domestic wells, (b) wells used to water range livestock, (c) monitoring wells, (d) observation wells, (e) wells used for ground heat exchangers, or (f) wells used for groundwater source heat pumps.

     In cases where water from two or more wells is commingled, one flow meter may be installed at a point after the water has been commingled. If the water is used for irrigation, this point will be as near as possible to the device that is used to apply the water to the field. In cases where one well is used to irrigate several fields, the well owner may either (a) install a flow meter at each device used to apply irrigation water to a field, or (b) install one flow meter but keep accurate records of the amount of water applied to each field, expressed in acre-inches.

     The flow meters shall be installed and maintained in accordance with the specifications contained or referenced herein. Each flow meter installed on or after the effective date of these rules and regulations shall comply with the applicable provisions of American National Standards Institute, American Water Works Association’s standard number C704-92, as well as other technical specifications stated herein. In case of conflict, the specifications herein shall apply. Each flow meter shall be installed according to the manufacturer’s specifications and calibrated to the pipe size. Calibration must maintain an accuracy of plus or minus two (2) percent of normal flow range. For all irrigation flow meters installed after the effective date of these rules and regulations, the meter registry shall have a visual volume recording totalizer that shall record in acre-inches. Flow meters installed for livestock or other groundwater uses shall record in gallons.

     Flow meters installed prior to March 21, 2001 , are exempt from the specifications contained herein and shall be known as non-conforming flow meters. However, when any such non-conforming flow meter is replaced, the replacement flow meter must conform to the specifications contained herein. In any event, all non-conforming flow meters must be replaced by May 1, 2005 , with flow meters that conform to the specifications herein.

     Except as specifically provided herein, it shall be a violation of these rules and regulations for any person to willfully injure, alter, remove, reset, adjust, manipulate, obstruct, disconnect from a power source, or in any manner interfere with or tamper with a flow meter within the Pumpkin Creek Basin Groundwater Management Sub-Area without District consent, or to cause, procure or direct any other person to do so. Removing any seal placed on a meter by the District will be considered tampering with a meter. District personnel shall have the right to enter upon private property at any reasonable time, after giving notice, to carry out the District’s responsibilities under the Nebraska Groundwater Management and Protection Act.

     Each flow meter must be kept in working order and clear of debris, vegetative growth, or other material that would impede operation.

     Any malfunctioning flow meter must be reported to the District office at Gering , Nebraska , within twenty-four (24) hours after discovery. Malfunctioning flow meters   discovered on any day other than working days (weekends and holidays) shall be reported before the office closes on the first working day following the discovery. During the malfunctioning period, the owner shall use a method approved by the District to determine water consumption. The owner shall make all diligent effort to put the flow meter back into service as soon as reasonable, or to replace it if it cannot be repaired. When any flow meter is removed for servicing or replacement, the owner/operator must keep records of the flow meter reading.

     Employees of the District will enter on groundwater users’ property as necessary to read flow meters and otherwise carry out the District’s responsibilities under these rules and regulations and the Nebraska Groundwater Management and Protection Act.

     B. Education. Each operator who uses water for irrigation after January 1, 2002 , must be certified by meeting district-approved educational requirements designed to acquaint him or her with best-management practices in the operation of irrigation and cropping systems. Certification shall be good for a period of four years.

     C. Allocation of groundwater: The District hereby determines that the permissible withdrawal of groundwater per water year within Pumpkin Creek Basin shall be 56,092 acre-feet. Groundwater shall be allocated among certified uses as described below. No person may use groundwater, other than for range livestock or human needs, until after receiving an allocation from the District for that use. No person may use more groundwater than allowed by these rules and regulations. The District may take any legal action authorized or permitted by law or by these rules and regulations to prohibit further withdrawal of groundwater whenever any groundwater user has, in any way, violated the amount, limitations, or conditions of an allocation. In the event of such action, the groundwater user may not withdraw any groundwater until complying with these rules and regulations. Groundwater shall be allocated among users as follows:

     1. Allocation for Irrigation: Each certified irrigated tract is hereby granted an allocation of 14 acre-inches per acre per water year commencing October 15, 2003 . Allocations are granted ONLY to certified irrigated tracts, designated allocation units, and pre-existing allocation units as defined in these rules and regulations. Certified irrigated tracts which are not being irrigated while enrolled in federal or state programs that require participants to set aside crop land for other uses or otherwise remove such land from crop production, such as the Conservation Reserve Program (CRP), Environmental Quality Incentive Program (EQIP), or others, shall not receive an allocation while the land is enrolled unless the program guidelines allow irrigation for purposes such as establishing vegetative cover. It is the owner’s responsibility to notify the District when an irrigated tract or tracts are enrolled in or removed from such programs. The District will not grant an allocation for any tract removed from such a program unless it receives notification before the beginning of the water year for which the allocation applies.

          a. Irrigation of a certified irrigated tract: The following provisions apply to allocation of irrigation water for certified irrigated tracts:

   i. The water available in any water year shall be calculated as specified in Rule 1. L. and Rule 6 C. 1. 

   ii. If the amount of water available is equal to or less than zero, no water may be pumped on the tract until such time as the amount of available water is more than zero.

   iii. Up to 50 percent of a total current allocation which is unused in a water year may be brought forward for use during the following water year, provided that the well or wells that provide water to the tract are capable of being pumped and are equipped with a flow meter in compliance with these rules and regulations. The total amount of water pumped is still subject to the well cap (see v. below).

   iv. A portion of the following year’s total current allocation may be used during the current water year. The total amount of water pumped is still subject to the well cap (see v. below). In such cases, the available water for the following year shall be reduced by the amount used.

   v. Well cap: The total amount of groundwater pumped from any well may not exceed 24 acre-inches per acre per water year. If an irrigator exceeds the well cap, the amount pumped in excess shall be known as a well overdraft. The District shall reduce the following year’s total current allocation by an amount equal to the well overdraft and an additional equal amount known as a well overdraft penalty.

   vi. The water available may be used on any or all of the tract.

          b. Irrigation of Pre-Existing allocation units: The total amount of water that may be applied to all the irrigated acres in a pre-existing allocation unit shall be calculated annually on forms provided by the District, as follows:

i. The water available in any water year shall be calculated as follows: (1) Compute the sum of the total current allocations for all certified irrigated tracts in the allocation unit; (2) add any unused water brought forward from the previous water year (limited to no more than 50 percent of the previous water year’s allocation); and (3) subtract any allocation overdraft and allocation penalty brought forward from the previous water year (see iii. below).

ii. If the calculations described in i. above, result in a number of zero or less, no water may be pumped on the allocation unit until such time as the available water is above zero again.

iii. If the water used during a water year exceeds the water available, this amount is known as an allocation overdraft. In the event of an allocation overdraft, the District shall reduce the following year’s available water the amount of the overdraft and also by an equal amount known as an allocation penalty.

iv. Wells that were not interconnected as of December 19, 2002 , may not be connected with any other wells.

          c. Irrigation of designated allocation units: An allocation unit must be designated on or before May 1 of the year it is to take effect, on forms provided by the District. Within designated allocation units, a flow meter must be installed on every well. The total amount of water that may be applied to all the irrigated acres in a designated allocation unit shall be calculated annually on forms provided by the District, as follows:

i. The water available in any water year shall be calculated as follows: (1) Compute the sum of the total current allocations for all irrigated tracts in the allocation unit; (2) add any unused water brought forward from the previous water year (limited to no more than 50 percent of the previous water year’s allocation); (3) subtract any allocation overdraft and allocation penalty brought forward from the previous water year (see iii. below); and (4) subtract any well overdraft and well overdraft penalty brought forward from the previous year (see iv. below).

ii. If the calculation of water available, as described in i., above, results in a number of zero or less, no water may be pumped on the allocation unit until such time as the available water is above zero again.

iii. If the water used during a water year exceeds the water available, this amount is known as an allocation overdraft. In the event of an allocation overdraft, the District shall reduce the following year’s available water the amount of the overdraft and also by an equal amount known as an allocation penalty.

iv. The following well cap shall apply to designated allocation units: In any water year, no more than 24 acre-inches per acre shall be pumped from any single well not connected to another well. The well cap will be based on the amount of acres watered by the well as certified by the District. If an irrigator exceeds the well cap, the amount pumped in excess shall be known as a well overdraft. The District shall reduce the following year’s available water by an amount equal to the well overdraft and an additional equal amount known as a well overdraft penalty.

v. Once approved, each designated allocation unit will exist until the ownership status of any certified irrigated tract within the allocation unit changes. In such case, the parties involved may agree in writing how the available water should be divided among all tracts formerly in the designated allocation unit for the remainder of the water year and the subsequent water year. If the District is not presented with such a written agreement, the District may establish the amount of water available for each tract by prorating each irrigated tract’s acreage as a percentage of total acreage of irrigated tracts in the former designated allocation unit, subject to any applicable allocation overdraft, allocation penalty, well overdraft, and well overdraft penalty.

     2. Allocation for Livestock: Each livestock operation certified by the District is hereby granted an annual allocation equal to 20 gallons per day per animal unit of capacity per water year, commencing October 15, 2003 .

     3. Allocation for Other Uses: Each user of groundwater other than irrigation and livestock operations must apply for and receive an allocation from the District prior to using groundwater. For the use of groundwater during any water year, the owner of each well used for such purposes shall, on or before March 1, of that year, apply for an allocation on forms provided by the District. Thereafter each groundwater user must apply for an annual allocation by January 1 of each year. Such applications must receive approval from the board before groundwater use may begin. In considering whether to approve such applications, the board shall consider (1) the historical groundwater use by the applicant; (2) relevant information about the groundwater use provided by the applicant; (3) information from generally recognized experts and authorities in the relevant field; (4) information from governing or regulatory bodies and organizations in the relevant field; and (5) other information which the board considers relevant, reliable and unbiased.

Rule 7

     Annual Review: The District’s Board of Directors shall review these rules after the end of every water year. The District may amend, reduce, increase or make subject to limitations any or all allocations thereafter upon notice and hearing.

Rule 8

     Enforcement: Employees of the District may enter upon private property during reasonable hours to enforce these rules and regulations, including reading flow meters required by these rules and regulations after notice is given to the landowner.

     The District may enforce “Section D: Rules and Regulations for the Pumpkin Creek Basin Groundwater Management Sub-Area” by issuing cease-and-desist orders, following 10 days’ notice to the person affected stating the contemplated action and in general the grounds for the action and following reasonable opportunity to be heard. Enforcement of this section shall be in accordance with applicable state statute and the North Platte Natural Resources District Rules and Regulations for the Enforcement of the Nebraska Groundwater Management and Protection Act, Section B: Procedures For Enforcement.

Attachment A

Legal Description of Geographic Boundaries

Of Pumpkin Creek Basin Groundwater Management Sub-Area

     Beginning on the Wyoming-Nebraska state boundary line in the Northwest corner of section 31, T20N, R58W, Banner County, Nebraska, then East to the Northeast corner of section 32, T20N, R58W, then North to the Northwest corner of section 9, T20N, R58W, then East to the Northeast corner of section 9, T20N, R58W, then North to the Northwest corner of section 3, T20N, R58W, then East to the Southwest corner of section 36, T21N, R58W, then North to the Northwest corner of section 36, T21N, R58W, then East to the Northeast corner of section 34, T21N, R57W, then South to the Southwest corner of section 35, T21N, R57W, then East to the Northeast corner of section 4, T20N, R56W, then South to the Southeast corner of section 4, T20N, R56W, then East to the Northeast corner section 12, T20N, R56W, then South to the Southeast corner of section 12, T20N, R56W, then East to the Northeast corner of section 16, T20N, R55W, then South to the Southeast corner of section  16, T20N, R55W, then East along the Scotts Bluff-Banner County line to the Northeast corner of section 22, T20N, R55W, then South into Banner County to the Southeast corner of section 22, T20N, R55W, then East to the Northeast corner of section 25, T20N, R55W, then South to the Southeast corner of section 25, T20N, R55W, then East to the Northeast corner of section 32, T20N, R54W, then South to the Southeast corner of section 32, T20N, R54W, then East to the Northeast corner of section 6, T19N, R53W, Then South to the Southeast corner of section 6, T19N, R53W, then East to the Northeast corner of section 8, T19N, R53W, then South to the Southeast corner of section 8, T19N, R53W, then East into Morrill County to the Northeast corner of section 16, T19N, R52W, then South to the Southeast corner of section 16, T19N, R52W, then East to the Southeast corner of section 15, T19N,R50W, then North to the intersection of the Belmont Canal and the East section line of section 15, T19N, R50W, then following the center line of the Belmont Canal to the East section line of section 24, T19N, R50W, then South to the Morrill County line at the Southeast corner of section 13, T17N, R50W, then West to the intersection of the Banner County and Morrill County line located on the Southwest corner of section 18, T17N, R52W, then South to the Southeast corner of Banner County located on the Southeast corner of section 36, T17N, R53W, then West to the Southwest corner of section 34, T17N, R54W, then North to the Northwest corner of section 34, T17N, R54W, then West to the Southwest corner of section 28, T17N, R54W, then North to the Northwest corner of section 21, T17N, R54W, then East to the Northeast corner of section 21, T17N, R54W, then North to the Northwest corner of section 10, T17N, R54W, then east to the Southeast corner of section 4, T17N, R53W, then North to the Northeast corner of section 28, T18N, R53W, then West to the Northwest corner of section 28, T18N, R53W, then North to the Northeast corner of section 20, T18N, R53W, then West to the Northwest corner of section 24, T18N, R54W, then South to the Southwest corner of section 24, T18N, R54W, then West to the Northwest corner of section 30, T18N, R57W, then South to the Southwest corner of section 30, T18N, R57W, then West to the Northwest corner of section 35, T18N, R58W, then South to the Southwest corner of section 35, T18N, R58W, then West to the Nebraska-Wyoming state line, near the Southwest corner of section 31, T18N, R58W, then North along the Nebraska-Wyoming state line to the point of beginning.