Nothing required

By STEVE SMITH

WaterClaim

The state of Nebraska requires the local NRD to develop, in conjunction with the Department of Natural Resources, an Integrated Management Plan.

What does Nebraska law require of an IMP? We highlighted a key section that states that NRDs are not required to impose new regulations on groundwater uses that existed prior to May 20, 2003 -- the date the DNR made the preliminary determination that the Republican River NRDs were fully appropriated. (emphasis ours) Nebraska State Statutes 46-715 (2)(d)

(d) One or more of the surface water controls authorized for adoption by the department pursuant to 46-716 of this act. The plan may also provide for utilization of any applicable incentive programs authorized by law. 

Nothing in the integrated management plan for a fully appropriated river basin, subbasin, or reach shall require a natural resources district to regulate ground water uses in place at the time of the department's preliminary determination that the river basin, subbasin, or reach is fully appropriated, but a natural resources district may voluntarily adopt such regulations. If the NRD and DNR cannot agree on an IMP, the issue is referred to the Interrelated Water Review Board. This board is subject to the same requirements identified here in Section 715. It cannot impose a plan requiring new regulations on existing ground water uses without the voluntary acceptance of the NRD. See 46-719 (2)(c) The State must still comply with the Republican River agreement with Kansas.  The law does not require NRDs to place new restrictions on existing groundwater uses. Thus, the only way for the State to comply, without voluntary reductions being made by the NRDs, is for the State to persuade landowners, through financial incentives, to stop irrigation. According to the law, then, the burden of complying with the agreement is on the State as a whole, not the irrigators as individuals.

The Nebraska Constitution encourages irrigators to irrigate. The irrigator has irrigated in compliance with Nebraska laws and has done nothing wrong. Without irrigation, much of western Nebraska would be far more desolate than it is now. Does this mean the aquifer should be pumped dry? Of course not.

The local people have a vested interest in making sure the water lasts as long as possible.

True, there will always be some who want to rape the aquifer and run when no longer satisfied. But, the majority want to continue living here and protect the resource that allows that to happen.

If aquifer access is going to be reduced to the recharge rate, this change needs to be planned by the people affected by those changes. It needs to happen over a long enough time that the very people we are trying to protect are not destroyed in the process of saving their futures. So, what happens to Kansas? Kansas will still require water reductions to take place.

But, since there is nothing in Nebraska law requiring an NRD to impose greater restrictions than what are already in place, there is only one way for the State to comply with the Settlement -- persuading landowners to retire irrigated acres. Local NRDs may choose to participate in this process, but are not required to do so.

If you care about the issue, pick up the phone, stop your neighbor on the street or at the coffee shop, and tell the places you do business with what is at stake.

In our farming communities, even if you do not farm, your job is dependent on the farmer's access to water. The NRD's decisions will have a tremendous impact on the community and those living here.

Participate in your future and the future of your children. For the complete article please go to http://www.waterclaim.org.

-- Steve Smith, Imperial, is one of the founders of WaterClaim, a volunteer organization formed to help aquifer irrigators.