Irrigation Well Rights and Responsibilities in Nebraska

Irrigation wells are a major factor in Nebraska’s agricultural productivity, but they also come with specific legal and regulatory responsibilities that both landowners and tenants need to understand to avoid disputes and maintain compliance. In Nebraska, groundwater and well use are regulated by the Nebraska Department of Natural Resources (NeDNR) and local Natural Resources Districts (NRDs), which oversee well permits, spacing requirements, registration, and reporting to manage water resources sustainably. Anyone planning to drill an irrigation well generally must obtain a well permit from their NRD before construction, and then register that well with the state — failing to register an irrigation well can result in it being considered illegal under state law.

Because irrigation water rights and well ownership aren’t automatically tied to the deed in Nebraska, leases should clearly define who holds those rights and who is responsible for the well, including operating costs, maintenance, repairs, and compliance with NRD and state rules. Landowners typically own the well itself unless an easement or other agreement states otherwise, so ensuring that water rights and registration details are up to date when land is sold or leased is important to avoid legal issues. By outlining responsibilities for permits, well upkeep, pump repairs, and water-use reporting in the lease, both parties can protect their investments and ensure that irrigation water — a vital input in Nebraska agriculture — is used legally and efficiently.