Editorial

Nebraska lawyers have their work cut out for them

Tuesday, March 10, 2009

Nebraska's attorneys have their work cut out for them.

They're meeting with their counterparts from Kansas and Colorado in Denver for 10 days in an attempt to settle the ongoing Republican River dispute before it goes back to the U.S. Supreme Court.

Nebraska doesn't have a leg to stand on, according to Ann Bleed, a Lincoln water consultant who should know. She is a former director of the Nebraska Department of Natural Resources and was on the state's negotiating team when Kansas first sued Nebraska over its alleged overuse of Republican River water.

Under the 1943 Republican River Compact, Colorado is entitled to 11 percent of the water in the river, Nebraska 49 and Kansas 40 percent.

Kansas spent a lot of money on lawyers to make its case and isn't likely to let the matter go now.

The lawsuit was settled in 2002 - just in time for what Sen. Ben Nelson dubbed "Drought David" to settle into the Plains.

That in turn resulted in a new conflict over Nebraska's alleged overuse of water in 2005 and 2006 which is in nonbinding arbitration between Colorado, Kansas and Nebraska.

Nebraska did win a minor victory in December, when the arbitrator concluded that Kansas could seek damages only for its losses, not for Nebraska's gain. The Sunflower State had sought $72.3 million in compensation.

Even if the attorneys are able to hash out an agreement that keeps the case from returning to the U.S. Supreme Court, it's far from settled.

Nebraska's already spent nearly $18 million to buy water or water rights from landowners to meet its obligation to Kansas, and the last plan, which taxed property in Republican River natural resources districts to pay for the water, has been ruled unconstitutional.

If the Nebraska legislature could effectively respond to that ruling, it would go a long ways toward persuading the other states we're serious about complying with the Republican River Compact.

Respond to this story

Posting a comment requires free registration: