Cities warned to keep track of NRD action

Thursday, July 22, 2004

NORTH PLATTE -- Cities across Nebraska need to keep a close watch on what is happening with their local Natural Resource Districts in order to protect themselves from new water regulations.

"This issue is critically important to the survival of your community," Jordan Ball, Sidney City Attorney, told those attending a North Platte workshop on the state's new water law.

Chris Miller of Miller Associates told the group two-thirds of the population in Nebraska lives within the corporate boundaries of a city, but only uses 1.2 percent of Nebraska's water.

One workshop participant expressed his concern over those numbers. He told the four member panel the majority of people sitting on NRD boards are somehow involved in agriculture. He pointed out that the majority of the people assigned to the state's water task force were involved in agriculture. He suggested that representatives from municipalities need to become more involved, not only in water allocation discussions, but in the boards that regulate water.

"If you don't pay attention you'll miss the chance to ask NRDs to make a good choice," Ball said.

Jim Cook, an attorney for the Nebraska Department of Natural Resources, said in the past Nebraskans haven't had to worry about water. Now, he said, we're finding out that the water supply isn't inexhaustible.

Through LB962 and rules from local NRDs, stays have been placed in effect that curtail well drilling, however there are exemptions to allow for emergency situations. Those exemptions included replacing old wells with new ones that pump the same amount of water, retiring the rights of unused wells, and transferring the rights from one owner to the other.

John Heil of Baird-Holm Law Firm, said the state has prioritized water users into three groups.

The first group includes domestic purposes including human consumption and normal livestock operations. The second priority is agriculture and the third is industrial use.

He said cities must be vigilant in watching for proposed action by the NRDs. Municipalities are given the opportunity to help in the development of a water allocation plan, only if the city replies in writing to an invitation for consultation and collaboration. If the stakeholders cannot agree on the proper allocation, the decision will be made by the NRD and the Department of Natural Resources or a special board appointed to review the situation.

Mr. Ball told the members of the workshop, it's important to try to meet the regulations set down by local and state boards, "But we have to do it in a way not to cut off our economic nose to spite our face."

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