LB701 status on agenda

Saturday, December 8, 2007

CURTIS -- The status of a lawsuit that challenges the constitutionality of Legislative Bill 701 is scheduled for the upcoming Middle Republican Natural Resources District board meeting, 1:30 p.m. Tuesday at the NRD office in Curtis.

The suit, filed by Friends of the River in Lancaster District Court in Lincoln contends the tax authority granted to NRDs by LB701 violates the state constitution, as it levies a property tax on residents in the Republican River Basin to meet a state obligation, the three-state Republican River Basin Compact.

This summer, the NRDs agreed to pay more than $8.5 million to irrigators for their surface water, that was sent to Kansas as a way for the state to meet compliance with the Republican River Compact.

The money for this purchase was to come from a bond, to be paid back by the additional property taxes granted under LB701. The bonding company declined to issue the bond because litigation is pending.

The board also will hear an update on another lawsuit in Frontier County. Dan Smith, MRNRD general manager, reported on the Frontier County case at the November MRNRD meeting and informed the board that the plaintiff's have filed a motion for retrial, set for Dec. 17. Smith said at that meeting that it's not expected that the judge will consider a retrial.

In other business, the Board will discuss the revised Integrated Management Plan and confirm the time for the public hearing, set for Jan. 8.

The IMP, drafted by the Nebraska Department of Natural Resources and NRDs, ensures that the state will remain in compliance with the Republican River Compact and also to protect ground water users. The MRNRD board unanimously adopted the revised IMP at its November meeting.

The board also will hear reports on the Republican River Basin Coalition, including bond progress, fund and occupation taxes and also on a new cost-share program for soil moisture monitoring equipment. Board members will decide if it wants the district to provide this equipment.

One of the last agenda items up for discussion is the request from the Lower Republican NRD for lobbyist support.

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