Letter to the Editor

Manager responds

Thursday, October 30, 2008

Dear Editor,

Mr. Cappel's letter of Oct. 28 made several claims that I cannot support or agree with. His mix of fact and fiction, his distorted view of the past and his self serving interpretation of the statutes make it difficult to see through his smoke screen.

The MRNRD used County Assessor and FSA data during our certification of acres. Both databases reflect a snapshot of use at a given point in time and do not necessarily reflect what could be or has been irrigated over time. His claim of 30,000 acres added is not based on fact. He wails about the injustice of taxes and then says if there is a need for funds then put a tax on water. The occupation tax was a tax on irrigation and by statute it was on irrigated acres not just groundwater irrigated acres. If he wants surface water acres taken out of the equation, he should talk to the legislature, not to the press. There was never any intent to force surface water irrigators out of the system, in fact those that are customers of irrigation districts can't quit unless their acres are picked up by another customer.

The statutes do allow the NRD to treat wells drilled after Jan. 1, 2001, differently but every meeting we have ever held and even the current campaign slogans have asked for EQUAL treatment of all wells.

Compact compliance is a state obligation. The US Supreme Court ruled that ground water, to the extent it affects stream flow, must be accounted for and included in Nebraska's uses. By statute NRDs are responsible for ground water administration. I don't know how to separate that issue. Integrated Management statutes require that we work with the state. If the NRD refused, we would be in violation of the statutes. Ground water must be managed as part of compact compliance. Once again, if Mr. Cappel wants change he needs to go to the legislature and not the press.

The river and the streams will be what they are. Dams were built for surface water storage. Flows were changed. Ground water pumping does have an impact on streams. Flows were changed. This NRD and all NRDs in the basin are working toward a system that minimizes impacts to the economy. State funds will be needed. Local funds will be needed. If your goal is to have the state pay for everything then you and everyone else should be prepared for the restrictions that will come from that wish. Local controls are leading us to sustainability within the confines of compact accounting.

If you want to know what's going on with regard to ground water management, talk to an NRD director or staff person. Better yet attend a meeting. Don't be swayed by editorials or coffee shop rumors.

Daniel L. Smith,

Manager

Middle Republican NRD

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