Nebraska follows a riparian rights system for surface water modified by prior appropriation principles, but rainwater harvesting from rooftops remains unregulated and fully legal for personal use. Landowners generally own precipitation falling on their property, with no permits required for small-scale collection like rain barrels.
Water Rights Basics
Surface water rights operate on a “first-in-time, first-in-right” basis under Nebraska Department of Natural Resources oversight, prioritizing earlier users during shortages—domestic needs trump agriculture, which trumps industry. Groundwater uses correlative rights, allowing reasonable extraction by overlying owners subject to local Natural Resources District management to prevent depletion.
Conservation Measures
All irrigation wells need registration, and new surface diversions require permits tied to specific land parcels for beneficial uses like farming. Riparian owners hold natural flow rights shared reasonably among neighbors, but full diversion without appropriation priority can lead to disputes or injunctions. Universities actively promote rainwater systems for conservation without legal barriers.
