Stealing water

Dear Editor,

These are things to think about. Senator Mark Christensens comments on "Irrigators need to cooperate" will not happen. There is a commandant that states "Thou shalt not steal."

In 1975, the legislature passed LB 577, which was a good water bill and protected our groundwater from being over-depleted.

In 1982, eastern senators brought a bill to the floor of the Legislature because it could not get out of committee. Irrigation businesses like suppliers, well drillers or others that benefited from irrigation development were for it.

Only a few senators, including Tom Vickers and Chris Beutler, were against it. Just prior to it being passed, the URNRD and Twin Platte message said it's a bad bill and don't pass it. After long and trying debate, it got passed.

"SENATOR KREMER: Oh, my, I need another thirty minutes. Okay. So we have the water. Now we believe that this is another tool now we can use. We passed LB 577 that allowed the NRDs to go under control. We set up the NRD organization. That is the grass roots. That is what the people want and we have got that. Okay, most NRDs have not taken advantage of going under control, so here is another tool they can use. They can use a water management system and I think it is going to work. With these two tools, I think Nebraska can take care of its water and I think we are going to, if the whole world hangs together, we are going to come forth as the greatest agriculture state in all the United States of America. I move that we advance LB 375 to E & R."

LB 375 has allowed the NRDs to deplete the aquifer with no regard to the compact or protection of surface water or areas where depletion is drying up domestic and irrigation wells. Their most recent solution, "augmentation" will deplete the aquifer more by pumping groundwater into the streams, and their third generation integrated management plan --IMP-- includes taking the appropriated surface water rights that date back as far as 1890 and using surface waters allocated supply to offset depletions to the Republican River caused by irrigation wells.

The assessment for the repayment canal system and the dams along with the operation and maintenance has to be paid, or else the property that has surface water rights can be sold to satisfy those assessments, by law.

Also if you only have a surface water right and receive a fraction of the surface water in relation to the NRD allotment, you have to pay the full occupational tax for those acres. Until recently, you could sell your ground water certified acres when your well goes dry because of the over pumping of the aquifer, or you never had the ability to begin to pump the needed water for the irrigated acres you certified.

Instead of using the 1998 through 2002 period for setting the certified acres, as recommended by Roger Patterson, the MRNRD rules allowed 1993 through 2003 which added a lot of acres. I am familiar with a well that was not pumped since 1982 that evidently got its acres transferred not too long ago.

All of these transfers have dramatically increased the depletion of the aquifer and have a profound effect on the stream and river flow.

Now I hear the state is requiring the draining of the dams with no compensation for those who are required to pay for system. This is the taking of ones' rights and will causes more domestic and irrigation wells to lose their ability to pump to the point of little or no water.

It is also drying up the Republican River and surrounding valley area. In Colorado, the state breached Bonny dam and no water is stored there now. Unless depletion is stopped and things are corrected, this will happen here. It is now to the point as to whose economy is going to get hurt.

U.S. Geological Survey Water-Resources Investigation 78-38 Pg. 144 stated "Surface water runoff as overland flow is negligible and ground water discharge to streams account for most stream flow leaving the area."

This holds true for the whole basin. The following are some facts that will let you decide. Groundwater pumping in the URNRD has taken most all the ground water seepage into the stream and rivers which is required for compact compliance. Pumping groundwater to meet compliance is not a long term solution.

The statute states "Every landowner shall be entitled to a reasonable and beneficial use of the groundwater underlying his or her land subject to the provisions of Chapter 46, article 6, and the Nebraska Ground Water Management and Protection Act and the correlative rights of other landowners when the groundwater supply is insufficient to meet the reasonable needs of all users. The Legislature determines that the goal shall be to extend ground water reservoir life to the greatest extent practicable consistent with reasonable and beneficial use of the ground water and best management practices."

First, there is no "correlative rights" (having a mutual relation). Second there is no "greatest extent practicable" for the groundwater reservoir life. Stopping the taking of one's property and depletion of the aquifer in the basin should be the primary goal.

Another "Task Force" is not a solution and kicks the can down the road. I was on the one completed for the new water laws in the late '90s and early 2000s and it had to be a consensus to be accepted. At the end a committee was to determine when the Republican Basin was over-appropriated. Two of us tried to get it back in the '90s. One NRD manager objected and it could not get out of committee. As it was need to be voted on by the whole task force, Roger Patterson said "let's leave it fully appropriated and take care of it later."

Later never came. What is needed is "no more out than what goes in the aquifer" and set each NRD to an allotment to be sustainable. What one NRD member said or wanted, generally all NRD's went along with it.

Only the Legislature has any control over the NRDs. DNR has control over surface water. The governor only has veto power.

The NRDs are buying land for the water under it to send that water to Kansas and charging a tax on all irrigators. Where the NRDs are purchasing land for only the water and allowing people to buy and sell water right as certified irrigated acres and transfer it to other locations has allowed / made water a property right.

The State of Nebraska Constitution. "1-3. Due process of law; equal protection. No person shall be deprived of life, liberty, or property, without due process of law, nor be denied equal protection of the laws. 1-21. Private property compensated for. The property of no person shall be taken or damaged for public use without just compensation therefor."

Claude L. Cappel,

McCook, Nebraska