NeDNR SW Form 300 "Surface Water Lease Contract" - Nebraska

What Is NeDNR SW Form 300?

This is a legal form that was released by the Nebraska Department of Natural Resources (Surface Water) - a government authority operating within Nebraska. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • The latest edition provided by the Nebraska Department of Natural Resources (Surface Water);
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of NeDNR SW Form 300 by clicking the link below or browse more documents and templates provided by the Nebraska Department of Natural Resources (Surface Water).

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Download NeDNR SW Form 300 "Surface Water Lease Contract" - Nebraska

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Water Lease Contract Number _____________ 
 
 
DNR SW Form 300  
Page 1 of 6 
 
Surface Water Lease Contract
The Water Lease Contract is comprised of two sections:
Section 1 is the completed application for transfer of the appropriation with attachments.  
Section 2 is the specific lease contract terms with attachments. 
SECTION ONE:
Application for a Transfer of the Type of Use and Transfer of the Location of Use
1.
Check One Below:
Attached is a completed application (and attachments) for transfer described above for privately held
appropriations, (DNR SW Form #100)
OR
Attached is a completed application (and attachments) for transfer described above for appropriations
held by an Irrigation District, Reclamation District, Public Power and Irrigation District, Mutual
Irrigation Company, Canal Company or the US Bureau of Reclamation. (DNR SW Forms #200 &
#200-A)
 
Water Lease Contract Number _____________ 
 
 
DNR SW Form 300  
Page 1 of 6 
 
Surface Water Lease Contract
The Water Lease Contract is comprised of two sections:
Section 1 is the completed application for transfer of the appropriation with attachments.  
Section 2 is the specific lease contract terms with attachments. 
SECTION ONE:
Application for a Transfer of the Type of Use and Transfer of the Location of Use
1.
Check One Below:
Attached is a completed application (and attachments) for transfer described above for privately held
appropriations, (DNR SW Form #100)
OR
Attached is a completed application (and attachments) for transfer described above for appropriations
held by an Irrigation District, Reclamation District, Public Power and Irrigation District, Mutual
Irrigation Company, Canal Company or the US Bureau of Reclamation. (DNR SW Forms #200 &
#200-A)
Surface Water Lease Contract  
 
Water Lease Contract Number _____________ 
 
 
DNR SW Form300 
Page 2 of 6 
SECTION TWO:
Water Lease Contract Terms
1.
Identification of Lessor(s) entering into Surface Water Lease Contract, name and address of
appropriator should be identical to Item 1 on Transfer Application.
(1)
(2)
(3)
Name of Lessor(s)
Mailing Address of Lessor(s)
Telephone Number
2.
Identification of Lessee of water appropriation, name and address of entity with whom the
Lessor is entering into a Water Lease Contract.
(1)
(2)
(3)
Name of Lessee
Mailing Address of Lessee
Telephone Number
3.
Surface water appropriation(s). List all valid surface water appropriations for which a
transfer application has been completed and attached. This corresponds to Item 3 on Private
Transfer Application (DNR SW Form #100), or item 2 on District Transfer Application (DNR
SW Form #200).
Enter Appropriation Numbers:
4.
The specific legal description from which the appropriation is being transferred is found on
Item 10 of Private Transfer Application, Items 6 of District Transfer Application and Item 1a
of District Application Addendum.
5.
The specific legal description of the stream reach to which the appropriation is being
transferred is found on Item 6 of Private Transfer Application, or Item 4 of District Transfer
Application.
6.
Amount of water (historic consumptive use) to be temporarily transferred with lease.
Applicant must contact the Department of Natural Resources (Department) for a
preliminary meeting to discuss determination of consumptive use prior to final filing.
 
 
Surface Water Lease Contract  
 
Water Lease Contract Number _____________ 
 
 
DNR SW Form300 
Page 3 of 6 
a) Enter acre-feet of consumptive use being transferred per year :
(If not a single amount, please see attached chart)
b) Enter estimated accretion/depletion of the stream per year:
(If not a single amount, please see attached chart)
7.
Associated groundwater:
Check here if co-mingled groundwater is also used for irrigation purposes on lands from which
the appurtenant surface water appropriation is being transferred.
8.
Dry-year lease:
Check here if this is a dry-year lease contract.
Note: Dry-year lease options and conditions should be attached to this lease document.
9.
Water lease contract period
The term of the lease shall commence on _________ (not before execution by the parties) and
continue through __________ for a total contract length of ___________ years. The lease however
will not be effective unless or until the Department approves the transfer application.
10.
Early termination provision: please check the appropriate box:
For this lease, the Lessor(s) and Lessee shall have the option of terminating the lease each year
provided written notice is given to the other party and to the Department. The lease may be
st
terminated by either party prior to the irrigation season by December 1
of the year prior to which
the lease will be terminated. (See early termination fees.) After the notice is provided, the
Department will issue a written Order to cancel the transfer and restore the appropriation to original
purpose and location of use. No water may be diverted under the appropriation until such Order is
issued.
For this lease, the Lessor and Lessee shall not have the option of terminating the lease, without
consent by all parties to the lease.
11.
Filing of documents associated with a temporary transfer in the County Register of Deeds or
County Clerk’s office:
Once a temporary transfer application has been approved by the Department, the applicant is
responsible for filing the appropriate documents in the County Register of Deeds or County Clerk’s
office, pursuant to Nebraska Revised Statues §46-294.01. The applicant shall file with the
Department, within ninety days after the Department’s Order of approval, proof of filing with the
county clerk or register of deeds. Failure to file such proof of filing within the ninety-day time
period shall be grounds for the Director to negate any prior approval of the transfer.
 
 
Surface Water Lease Contract  
 
Water Lease Contract Number _____________ 
 
 
DNR SW Form300 
Page 4 of 6 
12.
Change in Ownership of Property from which the appropriation was transferred (Transfers of
privately owned appropriations only):
In the event that the land subject to the temporary transfer is sold during the lease period and the
new owner consents to assume the obligations of the surface water transfer, then an Agreement to
Assign and Assume must be signed by all parties subject to the transfer of property and each
signature notarized. The Lessor (Seller) is required to file the signed and notarized Agreement
with the Department, along with the required Notice of Change of Ownership/Resources Update
Notice, where it will become an amendment to the lease contract.
If the new owner chooses not to assume this contract, the contract will be terminated and the
Lessor (Seller) is responsible for all consequences including the payment of early termination fees.
13.
Suspension of water use:
Lessor agrees to forego all use of surface water appropriation(s), or portions thereof, described in
an approval of transfer Order, and listed above for the specified contract period, or if applicable,
during an exercised dry year lease period. Lessor agrees that neither the landowner of the land to
which the appropriation is appurtenant nor any other individual, other than the Lessee, may make
any use of the leased surface water appropriation, or if applicable portions thereof, during the
contract period.
14.
Penalty for early termination:
In the event that the lease is terminated prior to completion of the lease period, the Lessor will be
assessed a standard fee proportional to the number of remaining periods under the lease contract. If
up-front payments were made under the lease terms, and the Lessor is the terminator of the lease,
then the Lessor will owe the prorated portion of the lump-sum payment to the Lessee. In addition,
the Lessor will be assessed a penalty equal to 10% of any payments made during the contract
period.
15.
Violation of lease terms and conditions:
Failure to comply with all laws and rules pertaining to surface water appropriations, any Orders
issued by the Director of the Department, or the provisions of the lease may result in cancellation of
part or all of the appropriation(s), temporary closing of the appropriation(s), administrative penalty,
criminal prosecution, or any combination thereof.
16.
Right to entry:
The Lessor grants the Department and/or its representative access to the appurtenant lands, without
advance notice, at reasonable times to ensure compliance with the terms of this contract.
17.
Dispute resolution:
Any dispute or claim in law or equity between the Lessor and Lessee arising out of this Lease
contract, if not resolved by informal negotiation between the Parties, shall undergo a mediation
process, following the Standards and Ethics for Center Mediators, Directors and Staff, as
established by the Nebraska Office of Dispute Resolution. If mediation proves unsuccessful, the
Parties may avail themselves of all other remedies available at law or in equity.
 
 
Surface Water Lease Contract  
 
Water Lease Contract Number _____________ 
 
 
DNR SW Form300 
Page 5 of 6 
18.
Signatures
I (we) understand that prior to Nebraska Department of Natural Resources approval of a
transfer, I (we) am (are) required to provide the following ownership information and evidence
demonstrating that I (we) am (are) authorized to pursue the lease:
I (we) affirm that the information contained in this Lease Contract is true and accurate.
 
Signature of Lessor
Name and title if applicable (print)
Date
or Lessor’s
authorized agent (with proper
documentation)
 
Name and title if applicable (print)
Date
Signature of Lessor
or Lessor’s
authorized agent (with proper
documentation)
*If additional lines needed for Lessor signatures, see next page.
Acknowledgement
STATE OF NEBRASKA
s.s.
COUNTY OF ________________________)
On this _____ day of ______________________, 20 ____, the foregoing instrument was acknowledged before me by
________________________________________________who either is known to me or who produced satisfactory evidence that he, she, (they) is
(are) the person(s) who executed this instrument.
___________________________________
Notary Public
My seal expires _______________________
 
Name and title if applicable (print)
Date
Signature of Lessee
or Leesee’s
authorized agent (with proper
documentation)
Acknowledgement
STATE OF NEBRASKA
s.s.
COUNTY OF ________________________)
On this _____ day of ______________________, 20 ____, the foregoing instrument was acknowledged before me by
________________________________________________who either is known to me or who produced satisfactory evidence that he, she, (they) is
(are) the person(s) who executed this instrument.
___________________________________
Notary Public
My seal expires _______________________
 
 
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