Abide by compact

Dear Editor,

In the midst of the dust bowl days of the 1930s an astonishing weather event occurred in eastern Colorado and westerner Nebraska. Mother Nature deposited upwards of 24 inches of rain within a 24 hour period. We all know this event as the "1935 Flood" on the Republican River. As this tremendous amount of water headed east down the River Valley it left behind devastation and death, millions of dollars of loss to property and more than 110 lives lost.

Five years later, just as the basin was recovering from this natural disaster the citizens in the basin organized as the "Republican River Conservation Association" and elected Harry Strunk, founder of the McCook Gazette as its president. With more than 30 communities paying dues, this group was well organized and determined to improve the quality of life in the Republican River Basin. Their mission was to seek federal assistance to build Flood Control Dams and develop the basin's irrigation potential.

With the help of the federal agencies such as the United States Geological Survey, Corps of Engineers and the Bureau of Reclamation a comprehensive plan was developed, based on a water investigation report by the Bureau of Reclamation. This plan was sent to Congress for funding, however Congress would not fund this plan until the three states had an agreement on how the waters of the basin would be divided.

In 1941 the three states developed an agreement known today as the Republican River Compact. This compact was sent to each state's legislature for ratification and then to Congress for approval. That act of Congress was later vetoed by the President of the United States. Congress then passed a bill giving its consent to the states of Colorado, Kansas and Nebraska to negotiate a new compact upon the condition that a person, to be appointed by the president of the United States, should participate with the states as the representative of the United States.

The President appointed Glenn L. Parker, Chief Hydraulic Engineer, U. S. Geological Survey, as the Representative of the United States. The federal agencies involved were the Department of Agriculture, Bureau of the Budget, Federal Power Commission, Department of Interior, and the War Department. The three states asked the federal representative to redraft the compact in language that would cover the interest of the federal government.

Two significant Articles were added to the compact based on the federal government's involvement, Article X and Article XI.

Article X reads:

Nothing in this compact shall be deemed:

(a.) To impair or affect any rights, powers or jurisdiction of the United States, or those acting by or under its authority, in, over, and to the waters of the basin; nor to impair or affect the capacity of the United States, or those acting by or under its authority, to acquire rights in and to the use of waters of the basin;

(b.) To subject any property of the United States, its agencies or instrumentalities, to taxation by any State, or subdivision thereof, nor to create an obligation on the part of the United States, its agencies or instrumentalities, by reason of the acquisition, construction, or operation of any property or works of whatsoever kind, to make any payments to any State or political subdivision thereof, state agency, municipality, or entity whatsoever in reimbursement for the loss of taxes;

(c.) To subject any property of the United States, its agencies or instrumentalities, to the laws of any State to any extent other than the extent these laws would apply without regard to this compact.

Recently the Nebraska Department of Natural Resources under direction of the governor and the attorney general modified the Integrated Management Plans (IMP) for the Upper Republican Natural Resources District and the Middle Republican Natural Resources District. Despite hearing strong testimony from the federal government stating why these plans would not work to maintain compliance with the compact in the long term, the governor seems to be telling the feds "to hell with you" and to hell with Article Xa of the compact. These new plans have amended surface water controls that require the feds to by-pass flows through federal reservoirs that have been granted state water rights dating back to 1948. Despite Article Xc, Nebraska has invented new laws in these IMPs during years (Compact Call years) when Nebraska forecast non-compliance. These new rules diminish the Feds ability to supply the waters to project acres. These plans will also diminish some of the recreational benefits in southwest Nebraska.

In the mean time Kansas is pursuing litigation against Nebraska for overdeveloping groundwater irrigation that will continue to short Kansas of their agreed to water supply. The U.S. Supreme Court has just asked the Feds for their opinion on this issue.

Governor this is not tough, first admit that you have overdeveloped the basin and come up with a plan to retire enough use so that all areas can have a healthy economy. Nebraska was asleep for years and woke up to a serious mess in the basin. Just like the low level debacle, all Nebraska's must pay to restore the Republican Valley and more important, Nebraska must restore its honor and integrity. Governor and attorney general please re-read the compact for the first time and see what Nebraska has actually agreed to then abide by all 11 Articles of the compact.

Brad Edgerton,

Cambridge