Water is ‘Issue of a Lifetime’

(Curtis, NE) – For producers in the Republican River Basin, water is the “issue of a lifetime,” said Middle Republican NRD Manager Dan Smith to a group gathered in McCook last Friday to discuss water issues, adding that “Groundwater management in Nebraska started in the Republican Basin. NRDs in the Republican Basin are already in our second and third decades of management.”

More than 150 were in attendance at the meeting, which was called by the Republican Basin NRDs in order to provide for an information sharing session between themselves and the State of Nebraska. In attendance were Governor Heineman, the boards of the four Republican River Basin NRDs, the Nebraska Department of Natural Resources (DNR), the boards of surface water irrigation districts and the public.

Two thirds of stream flow in the Republican basin comes from runoff. According to Ann Bleed, Interim Director for DNR, “there are estimates that as much as 75% of the streamflow depletion results from conservation measures.” Add to that the continuing drought and it is easy to see why Kansas is not getting the water it deserves. And while it is tempting to blame irrigation, most of the 42,000 acre feet overused in 2005 was represented by about 30,000 acre feet in evaporation from the reservoirs, a use that benefited no one, but still shows up in compact accounting.

Statewide perception that the Republican River basin over-developed in the years since the lawsuit colors the debate over who should “pay” to solve the problem. Smith said, “We struggle in trying to help others understand that we have been active in the basin and that given time our controls will have a positive benefit. We cannot get our story told if we are being misrepresented by those who are supposed to be working with us.”

Smith focused on the history of groundwater management in the basin, both to provide existing and new board members and legislators the opportunity to become informed on the issues, and to set the record straight.

He addressed a common misconception, that 800 new wells were drilled in the basin after the summer of 1998. This number reflects wells registered and does not reflect the fact that a significant number of these wells were replacement wells, and many were existing wells that simply had not been registered. In 1998 the official position of the state of Nebraska was that ground water did not apply to the compact and that Nebraska would win the lawsuit. “When given the opportunity and within the authorities provided by the statues, the Republican River Basin NRDs have always taken the necessary action,” said Smith.

Governor Heineman asked Ann Bleed, DNR’s Interim Director, to outline some ideas DNR has come up with to address the basin’s water challenges. Bleed presented the group with a plan that would get the basin back in compliance with the Republican River Compact within five years. She recommended the following, which represents a 15% reduction in pumping in upland areas and 50% reductions in quick response areas:
For upland wells, allocations of:
§ 11.38” in the Upper Republican NRD
§ 9” in the Middle Republican NRD
§ 9.6” in the Lower Republican NRD
For quick response areas, allocations of:
§ 2.8” – 5.7” in the Upper Republican NRD
§ 2.7” – 5.3” in the Middle Republican NRD
§ 2.4” – 4.8” in the Lower Republican NRD

The plan created the possibility of compliance within five years; however, the first reporting period comes due at the end of 2007. Jeff Wallin, newly-elected board member of the Upper Republican NRD, asked Bleed, “it’s a pretty good bet we’ll be out of compliance at the end of 2007. What is going to happen at the end of 2007?” Bleed thought if the basin put forth rules and regulations that show Kansas we are on our way to achieving balance in 5 years, that Kansas would be willing to work with us while we continued to work toward compliance. Bleed said, “We should have whatever we are going to do to hand to Kansas at the next Compact Meeting [in August 2007].” The governor added, “If we continue to make good faith efforts, I’m willing to go to Kansas and ask them to be good neighbors. The bottom line is they want water, not money.”

Even if Kansas doesn’t want money, money will play a big part in whatever solutions are generated. Governor Heineman stated, “The reality is that consumptive use is a factor in our current situation, as is the drought. The answer is that we need to achieve a balanced and sustainable framework for using the water we have available.” Controversy remains about how to achieve such a sustainable framework without jeopardizing the economic sustainability of the region. The Integrated Management Plans (IMP) of the basin, jointly written by the NRDs and DNR, have a goal to “sustain a balance between water uses and water supplies so that the economic viability, social and environmental health, safety, and welfare of the Republican River Basin can be achieved and maintained for both the near term and the long term.”

Are the Republican Basin NRDs being penalized for taking into account the economic viability of the basin? No one in the basin is arguing that consumptive use is not a factor in the current situation; however, drastic reductions in allocations will likely take a heavy toll on the region’s economy.

Members of the public spoke out about the economic impact of existing programs such as CREP, and expressed concern about how further allocation reduction might impact small communities. Senator Tom Hansen (District 42) said, “These communities are fragile. You take two inches of water out of the picture, and you take farmers, teachers, and Coops out of the picture. The immediate needs of these people are production. Water, corn, and people need to be here to develop the economic model.”

Jasper Fanning, manager for the Upper Republican NRD, echoed this statement, saying, “The economic model of the basin is much more fragile than the hydrologic system.”

Even so, Republican Basin NRDs don’t expect the state to fund any solutions in their entirety. But they can’t go it alone. Estimates for just how much money would be required to get into compliance range from 5 to 15 million dollars per year for 10 years. One penny levied across the basin does not raise even a half million dollars.

Smith expressed concern that as more attention is given to water issue in the Platte Basin, the Republican River Basin might get left behind. “We cannot leverage the funds that the Platte NRDs can.” The governor responded by saying, “We cannot ignore any part of the state in that regard. You won’t be left out as long as I’m governor.”

The governor said that funding for water management programs will be critical to the success of LB 962 and assured NRDs that the need for such funding would be reflected in his budget proposal come January. “I’m going to propose that the state establish a Water Cash Fund in order to begin setting aside the money needed to fund our water challenges,” said Governor Heineman. He also said he was also prepared to propose setting aside General Fund dollars to get the cash fund started.

All agencies represented at the meeting agreed that no single solution would be found and no single entity would implement the solutions that are discovered. “It is only working together that progress will be made,” Smith said.

December 22, 2006