AECN 256 Exam 4 Questions And Answers 2024/2025
Short answer. Briefly describe how green energy requirements has influenced the development of wind
farms. - ANS-✔✔HR2454 would increase the national market for electricity from wind farms by
establishing green energy requirements for electric utilities. Wind farms are being developed primarily
to meet state green energy requirements, to generate renewable electricity for sale to electric utilities.
Short answer. Explain the role of NRD subdistricts in giving rural voters a greater voice in NRD
management. - ANS-✔✔The subdistrict approach may be used to give rural areas of the NRD greater
representation on the NRD board than their population would warrant on a one-person, one-vote basis.
For example, consider an NRD with 60,000 total population, 30,000 urban and 30,000 rural. The NRD
could establish one 30,000 urban subdistrict and three 10,000 rural subdistricts and meet the 3-1
subdistrict rule. Thus the urban subdistrict would have 50% of total NRD population and 25% of NRD
board representation, while the three rural subdistricts would have 50% of total NRD population and
75% NRD board representation.
Define: accretion - ANS-✔✔Where the land is legally gained by the river's gradual change.
Define: avulsion - ANS-✔✔Where a river changes its channel suddenly and the legal boundary for the
land bordering a stream does not change.
Define: CRP - ANS-✔✔Conservation reserve program - assist, through contract payments, owners and
operators of HEL in conserving and improving the soil and water resources of their farms and ranches by
establishing a 40-45 million acre conservation reserve by 1990.
Define: DWR - ANS-✔✔Nebraska Department of Water Resources
Define: 404 permit - ANS-✔✔A federal permit from the U.S. Army Corps of Engineers - one of the U.S.'s
most important habitat protection programs.
,Define: habitat conservation plan (HCP) - ANS-✔✔Under the incidental takings program, a landowner
can submit a HCP to FWS for approval to deal with the situation where private property is identified as
critical habitat so said landowner can use their own property, but only in accordance with the HCP.
Define: regulatory takings - ANS-✔✔Assertion that government regulation has deprived owner of
property use. U.S. Supreme Court has ruled that regulation is not a takings unless it is a wipeout.
Define: reliction - ANS-✔✔Land loss from gradual river channel shift.
Short answer. How are drainage disputes resolved? What drainage activities are authorized by statute? -
ANS-✔✔Resolved by determining what the original drainage patterns were. Drainage activities
authorized by statute include the drainage of diffused surface water into streams or drainways without
liability to others so long as the drain or drainage ditch is entirely on the draining landowner's property.
Short answer. What dams installed by landowners are subject to DWR permit requirements? What dams
installed by landowners are exempt from DWR permit requirements? What activities are potentially
subject to federal 404 permit requirements? - ANS-✔✔Permits are required to construct a dam on a
watercourse (i.e., on a stream). No permit is required for small "low hazard" dams, unless if water is to
be withdrawn fro the reservoir of a low hazard dam, then a permit is required. A 404 permit may be
required for construction of larger dams when in relation to wetland drainage.
Short answer. What can happen to a farmer who violates state and/or federal soil erosion
requirements? - ANS-✔✔The landowner would be required to implement erosion control practices.
NRD erosion control orders may be enforced in court. Landowners failing to obey court orders to control
erosion will be in contempt of court (they can be jailed until they agree to comply).
Define: conservation compliance - ANS-✔✔USDA farm program benefits are denied if a farmer is
producing agricultural products on highly erodible land without the use of approved conservation
practices appropriate for that land.
Define: common enemy rule - ANS-✔✔If the diffused surface water has not yet acquired a regular flow,
the water may be treated as a common enemy that a landowner may defend against by constructing
,dikes, ditches, etc. The draining landowner is not liable for any damages resulting from the increased
flows onto the upper or lower land.
Define: HEL - ANS-✔✔Highly erodible land
Define: little watercourse rule - ANS-✔✔If the diffused surface water has not yet reached a stream but
has collected and flows in a regular course, the course of the flow cannot be altered enough though
surface water rights have not yet attached to the water. This means no dikes, ditches, etc. can be
constructed to drain the water. If a farmer alters the flow of a little watercourse, the draining farmer is
therefore liable for any resulting damages to other landowners.
Define: swampbuster - ANS-✔✔USDA farm program benefits are denied if a farmer converts wetlands
to cropland after December 23, 1985. The benefits are denied for all the farmer's land, not just from the
converted wetlands.
Under section 404 of the clean water act, a landowner may drain or fill a wetland without a federal
permit so long as the wetland is located completely on his property. True of false. - ANS-✔✔False
Short answer. Briefly describe the Nebraska rule for settling drainage disputes. - ANS-✔✔Diffused
surface water resulting from precipitation may be drained without liability if the drainage is necessary
and done without negligence. However, if the water concentrates in a drainway, the defendant would
then be liable for any damages resulting from his drainage activities. The exception is that Nebraska
drainage statutes authorize drainage of diffused surface water into streams or drainways without
liability to others so long as the drain or drainage ditch is entirely on the draining landowner's property.
Short answer. Briefly describe the "little watercourse" element of the Nebraska drainage water common
law rule, including the liability implications for drainage activities. - ANS-✔✔If the diffused surface
water has not yet reached a stream but has collected and flows in a regular course, the course of the
flow cannot be altered enough though surface water rights have not yet attached to the water. This
means no dikes, ditches, etc. can be constructed to drain the water. If a farmer alters the flow of a little
watercourse, the draining farmer is therefore liable for any resulting damages to other landowners.
, Under section 404 of the clean water act, a landowner may drain or fill a wetland without a federal
permit so long as the wetland is located completely on his property. True or false. - ANS-✔✔False
If precipitation runoff has not acquired a regular flow, Nebraska landowners are therefore free to drain
their property without liability to their neighbors. True or false. - ANS-✔✔True
If precipitation runoff has acquired a regular flow, Nebraska landowners are therefore free to drain their
property without liability to their neighbors. True or false. - ANS-✔✔False
Farmers are exempt from the section 404 program. True or false. - ANS-✔✔False
If a stream channel changes suddenly, the legal boundary follows the stream. True or false. - ANS-✔✔
False
If a stream channel changes gradually, the legal boundary follows the stream. True or false. - ANS-✔✔
True
Under the federal endangered species act, the FWS can approve an incidental takings of T&E species or
harm to designated T&E species habitat on private land if the FWS approves the landowner's habitat
conservation plan. True or false. - ANS-✔✔True
The NRD subdistrict rule that allows a significant disparity between NRD urban and rural subdistrict
population is an exception to the general American legal principle of one person-one vote. True or false.
- ANS-✔✔True
An incidental takings is an accidental (1) killing or wounding of a T&E species or (2) destruction of T&E
habitat incidental to private property use. True or false. - ANS-✔✔True
