The coming brouhaha over the Republican River

A while back I wrote concerning our republic type of government, differentiating it from a true democracy.

In a pure democracy, decisions are made strictly by majority vote. Merrill Ream wrote that I should mention that a republic form of government, by thinking representatives with moral backgrounds, will avoid the pure democracy's "tyranny of the majority" flaw. I think that the upwelling water fuss with Kansas makes a great illustration of that tyranny.

There is no doubt in my mind that if a statewide vote were taken to answer the question of who should pay Kansas a fine for overuse of water in the Republican River Basin the answer would be those who live in the Republican River Basin. That is us, you and me! Never mind that the fine was, or will be, generated by a compact signed in 1943 by the Nebraska Governor on behalf of all the people in the State of Nebraska.

To force the people in the Republican River Basin to do all the paying is how the Legislature concocted the scheme that is now called LB701. That law adopted in a rush at the end of the last legislative session assesses a fine on all the property owners and water users here to "buy" surface water and send it on down stream to Kansas. Interestingly LB701 was initially carefully crafted by our State Legislator Mark Christensen on behalf of "Water Claim" an organization of deep well irrigators who in large part caused the problem of diminished flow in the Republican River in the first place.

The law as adopted was completely different from Mark's version but the desired result, the entire burden being placed on the people in this area water users or no, was accomplished.

Now a group calling themselves "Friends of the River" are in the process of rightly contesting LB701. The Nebraska constitution prohibits the State from collecting property taxes. The three NRD's representing the Republican River Basin are in the process of assessing a property tax to pay surface irrigators not to irrigate and turn all that unused water down the Republican River to Kansas to mollify their claim of more, more, more. I have no doubt that the Friends of the River will prevail, which will void the fund raising provisions of LB701. That will be a mess in that surface irrigators have, on a promise of future payment, already given up their right to irrigation water this year.

The surface irrigators will get stiffed in the end because the NRDs, being a state governmental entity, won't be able to collect the illegal property tax to pay for river water that has, like Toto, already gone to Kansas. The McCook City Council was wise to punt when asked by Angus Gary to support the Friend's lawsuit.

A prediction. LB701 will be found to be flawed and will be negated.

The governor, who evidently just wants the problem to go away, will turn the problem over to the Nebraska Department of Natural Resources, presently led by Ann Bleed who also has little clue.

An assessment, they presently call it an "occupation tax" (whatever that means) will be made against all landowners in the Republican River Basin who have ever irrigated, in the past, present or future to send dollars to Kansas in lieu of water that isn't going to be available. The DNR will then require all the "quick response" irrigation wells, those close to the river and likely to include McCook's new city wells, to shut down. The last wells to be shut down will be those in the Upper Republican NRD area that are the purview of those who framed LB701 in the first place.

Ah, it will be interesting to watch the brouhaha develop. The sad part is realizing that our economy in Southwest Nebraska is ag-driven and irrigation-enhanced.

The draconian measures that will be taken to satisfy the tyranny of the majority of Nebraska law makers that didn't do the job we elected them to do in the legislature will depress this whole area. Irrigated land will revert to dryland valuation so taxes to support local government and our schools will significantly decrease. We will see a continuing exodus of starved-out farmers leaving the country.

Fewer people means fewer customers so more businesses will close. It won't be a pretty picture and all caused by poor decisions of those we elect to take care of our affairs. Tough times ahead!

That is the way I see it.