!CqI iy-1 nfrod y ces landlord , security deposrs's bill
By PadaDIttrkk
Witnesses Wednesday debated whether the money of a
tenant's d linage deposit belongs to the tenant or to the
landlord during an afternoon hearing of the Nebraska
Legislature's Judiciary Committee.
About IS students attended the hearing.
Landlords would have to place security deposits in a
deposit account in Nebraska if the Legislature passes the
debated bill.
Grand Island Sen. Ralph Kelly introduced LB121.
which demands a landlord must return security .deposits,
provide an itemized list of damages for which money from
the deposit was withheld, or subject himself to a possible,
misdemeanor charge for unjustly withholding the damage
deposit. .
Kelly said he introduced the bill because renters were
not receiving security or damage deposits.
He mentioned a couple from Grand Island who he said
had paid a $50 deposit for a trailer they wanted to rent.
The landlord delayed the date when the couple could
move into the trailer forcing them to find other living
.Gftarters, Kelly said.
;The $50 has not yet been returned, he said.
faul Quinlan, speaking for the Nebraska Real Estate
Commission, said the deposit money ".belongs to the .
tenant."
Gruxofthebffl
He said the crux of the bill is that it limits what the
landlord can do with the deposit money.
Quinlan accused landlords of using what he called
"trust money" frr vestment purposes.
He said real estate licensees must now put deposit
money in escrow and added "it didn't seem fair" that
landlords with less property were not required to follow
suit. m
He admitted that the bill does not insure the deposits
will be refunded, but said that the bill does insure, the
money would be available to be refunded.
Also supporting the bill was John Welch, representing
the ASUN Government Liaison Committee.
Welch said he had waited from last May until mid.
August to receive his deposit from a Lincoln landlord.
Threatened suit
The deposit was obtained after he had made many
phone calls and threatened a suit in small claims court
against the landlord, he said.
Noting that surrounding states have legislation similar
to that proposed in the bill, Welch said such legislation
would serve as an impetus prompting landlords to return
deposit money.
Continued on p. 9
I )
. n.7
r -arc
n
Alt
i'i', V,B,S(.. I mMHK
. . '
Photo by Ttd Kirtc
' UNL Student Legal Services Attorney David Rasmussen told the Judiciary Committee the bill concerning damage
deposits "will make landlords think twice" before withholding deposit refunds.
i ! n
r -if mill fn If
thursday, february 10, 1977 vol.100 no. 73 lincoln, nebraska
0 1 JI O l O u III I
o sttitud
es with water riohis bills
By Theresa Foreman
troduced this year;
LB2l7-Would require statewide con-
Legislators are testing the water with
bills they say are designed to determine Ne- trol of groundwater runoff.
braskans attitudes toward legislation of
water rights.
Among the bills for water legislation in-
LB296-Would allow interbasin transfer
of underground and surface water with a
state permit and would create an advisory
sit.
I
1
Phto by Td Kelt
fxr.d cT,en would be required to register wzitt tights on surface water flowfag
th.-cvth their li'J if one of tevttd wsttr r-.ts ts introduced b the Legfisture
board to administer the law.
LB298-Requires landowners to register
water rights on surface water flowing
through their land.
LB299 -Underground water, while the
property of the landowner, would be sub
ject to regulation and control by the state.
LB313-Defines priorities for water use:
Domestic purposes; irrigation and livestock
watering; manufacturing and industrial pur
poses; recreation and finally, wildlife
purposes.
LB55 Calls for a constitutional amend
ment making underground water the
property of the landowner subject to state
legislation.
Unclear intentions
"It is unclear what the water bills are
intended to do," said David Aiken, water
law specialist at UNL's Department of
Agricultural Economics. "Everybody's
coming at water use from a different direc
tion. There's no comprehensive plan for
water regulation."
Milligan Sen. Richard Maresh predicted
no substantial water regulationsjvould be
passed during this legislative session.
"Nobody wants to jump into water
legislation too hastily," he said.
Many water bill introducers are not
sure whether what they are doing is the
right thing, Aiken said. These bills are a
starting point and they are probably
hoping something better will come out of a
discussion of various approaches to water
".".. .Tjn;hs explained.
Each of the water bills is slightly
stronger than the one introduced before, so
legislators car. see which type his the most
support from citizens, said Ron Holsteen,
past president of the Nebraska Agriculture
Council. The Nebraska Agriculture Council
represents more than 20 agriculture organi
zations in Nebraska.
, There is strong sentiment among
farmers that legislation to provide for inter
basin water transfer is needed, Holsteen
said.
It is important that citizens define Ne
braska's water priorities before the federal
government does it for them, he said.'
He cited the High Plains Study, a
federally financed project to determine
feasibility of transferring water from states
with abundant supplies to more needy -states.
Easier for government
"If we don't define out water priorities,
it will be easier for the federal government ,
to take it away from us," Holsteen said.
Nebraska farmers will support any legis
lation which keeps Nebraska's water in the
state and provides for storing water for
state use, he said.
Adams Sen.5eorge Burrows said he be
lieves land owners should have the primary
rights to surface wateron their land. If
municipalities use this water for drinking,
farmers should be paid for it, he said. Bur
rows agreed that the Legislature will move
"slowly and cautiously" on . water
legislation. .
But groundwater levels in Nebraska and
throughout most of the country continue
Is the federal government meddling
too much in the state's pesticide reg
ulation? Are property rights going to
be violated with new land use legisla
tion? These related agricultural issues
are among the most important facing
the Nebraska Legislature this year.
These issues are further examined on
p. 1 3 by reporter Theresa Forsman.
to fall, said Marvin Carlson, assistant direc
tor of UNL's Conservation and Survey
Division. Rainfall in Nebraska has been be
low normal for the past few years, Carlson
said.
This means less water for resupply and a
larger demand for irrigation water. Con
tinued growth of irrigation will keep drain
ing the state's water supply, he said.
Nebraskans should make their prefer
ences on these and other bills known to
legislators, said Bellwood Sen. . Loran
Schmit.
"People take a lot of abuse from the
government after the fact. More people
ought to be aware of what is happening be
fore the laws are passed," Schmit said.
News: Who should hold the student fee
purse strings? ASUN thinks it
should pg.8
Entertainment: Rocky is a knockout and
the UNL Dance Ensemble prepares for its
performance p.g 1M2
Sports: The Huskers and the Wildcats
scrapped in Manhattan last night . . pg. 14