Timeline: McCook's 17 year search for a water solution

In the immortal words of Yogi Berra, "it's deja vu all over again."

In April 2005, the city of McCook celebrated the dubious honor of having spent 17 years trying to solve its water problems.

It all began in April 1988, when chemical tests of the city's water supply detected a high level of nitrates. The city applied for a Community Development Block Grant to help pay for a way to clear up the nitrate problems.

The following is a look at the history of McCook's water problems since that first discovery of high nitrates, as published in the McCook Daily Gazette.

1988

May 1988 -- The Department of Health required the city to provide low nitrate bottled water for infants upon request. A voucher system was created so citizens could get bottled water at local stores.

July 1988 -- A $300,000 Community Development Block Grant was received from the state of Nebraska.

November 1988 -- The City Council selected Reed Miller and Associates to study alternate well sites.

1989

January 1989 -- Miller and Associates began gathering data on water quality and quantity using data from other governmental agencies, 500 existing wells, stock wells, domestic wells and 68 new test holes.

December 1989 -- A trichloroethylene spill from the former TRW building was determined to have contaminated soil and groundwater and the plume of contamination was determined to be migrating toward one of the prime areas to be considered for a new well field.

1990

January 1990 -- The engineering report listing four possible solutions was published and presented to the council. The four locations were ranked with regard to cost, water quality and water quantity, but additional data was requested about the extent of the TCE contamination and the potential effect on well-site development. Additional information was sought on alternative well field methods including horizontal wells.

April 1990 -- Bids were received by the city for a Supervisory Control and Data Acquisition computer-controlled water blending system which blended high-nitrate wells with lower nitrate wells to get state-accepted levels. However, the low bid exceeded the engineer's estimate and a less expensive system was approved by the council.

May 1990 -- Council members re-evaluated the role of horizontal collector wells and determined this method could not guarantee better water quality and was costly.

June 1990 -- Council applied for a CDBG extension.

July 1990 -- Council directed engineers to prepare specifications for a PC-based SCADA system.

September 1990 -- Financial estimates on the development of a well field southeast of McCook were presented to the council as well as alternatives to finance the project. Approval was given by the State Health Department for the site pending determination of the influence of TCE contamination. A list of questions was prepared by the council.

November 1990 -- A public meeting was held by TRW officials and engineers and specifications for a PC-based SCADA system were approved.

1991

January 1991 -- City Council members debated the cost of developing the well field southeast of McCook and assessed the contamination risks and decided to pursue an alternative method. Council committed $129,000 for the PC-based SCADA system.

February 1991 -- Because the city's water supply had not had more than 10 parts per million of nitrates for more than a year, it was removed from a special exemption list by the state and bottled water was no longer required to be provided by the city. That also meant the city was in danger of losing its state grant, so council members voted to drill one or two new wells in the existing well field in hopes of finding a short-term solution to nitrates and water quality problems. There was also no guarantee nitrate levels wouldn't increase again.

April 1991 -- Extensive testing by Ground Water Associates, Wichita, began in hopes of developing city wells which hadn't been used since the 1960s.

June 1991 -- Council approved specifications for overhauling the city's existing well system and a third CDBG extension was required. Test well data was sent to the Department of Health for review.

December 1991 -- Development of wells south of the Republican River presented problems to the city because of residential development in the area. Since the wells had been "abandoned" by the city, the city had allowed septic tanks to encroach on the wells within 500 feet. Fourth CDBG extension required.

1992

February 1992 -- The state requested a study to guarantee that the septic tanks would not affect water quality of the wells. While the State Department of Water Resources said the city would not have to drill a new well, the Department of Health said it would. Officials also began discovering existing septic tanks that were not listed on the engineering documents.

June 1992 -- To avoid septic tank issues, the city decided to move east 1/4 of a mile to the general vicinity of the city well field. Four test holes were drilled east of two existing wells. Test holes were on property owned by Bryan Hauxwell and Jack Lytle. Temporary easements between the land owners and the city were approved from June 1, 1992 through June 1, 1993.

July 1992 -- Fifth CDBG extension required.

August 1992 -- The state issued a warning to the city regarding the city's sixth request for a CDBG extension and said no extensions would be granted beyond Dec. 31, 1992.

October 1992 -- The city submitted plans to the state for three new city wells.

November 1992 -- The city approved bids for a new $92,100 transmission line to be placed through the middle of a county road, eventually connecting the three new wells to the city distribution system.

December 1992 -- After failing to successfully negotiate with landowners for permanent easements the city condemned an easement on the Hauxwell property. Through court proceedings, the city eventually secured easements with Hauxwell, Lytle and Brown in 1994.

1993

February 1993 -- The city applied for a permit to transfer water, but after opposition from landowners, a pre-conference hearing was scheduled for July 1993.

July 1993 -- A hearing determined the city was in violation of well-spacing requirements.

October 1993 -- The DWR gave the city 60 days in which to address well-spacing concerns.

1994

March 1994 -- The Department of Water Resources scheduled a hearing to determine if the city had addressed well-spacing concerns. Once that was determined, the hearing would ascertain if the city met all other requirements of the transfer permit request. The city seeks seventh CDBG extension.

November 1994 -- The state of Nebraska gives the city the go-ahead for plans to construct new city water wells south of town. The city seeks a ninth CDBG extension.

1995

March 1995 -- Two new wells had been completed nearly seven years after the first plans had been drawn up. The project came in at nearly $161,000 over the original estimate of $307,792.

November 1995 -- The city of McCook announced it would no longer be furnishing water coupons to its residents after the well field development, which began in 1988, was completed.

1996

December 1995 - July 1997 -- The Gazette had no articles published on the city's water supply.

1997

July 1997 -- The city again issued water coupons, after its nitrate levels tested above the allowed 10 parts per million. A memo from former utility director Vaughn King asks the council to begin looking for a long-term solution to the nitrate problem. Former City Manager Dan Dean told the council members they had two options -- drill low nitrate wells or treat high nitrate water.

August 1997 -- Overtime was cut from city department budgets in order to pay for a $15,000 water study.

1998

April 1998 -- The city was informed it was out of compliance for copper in the city water system. The council voted unanimously to request proposals from engineers to study the copper problem and a long-term solution to the city's nitrate problems. The city filed an appeal to the state's order to treat the public water supply for copper. Nebraska's congressional delegation asked the EPA to reconsider the copper requirement because there had been no studies to show copper in the water system caused adverse health problems.

July 1998 -- The city agreed to sign an interlocal agreement with Grand Island, and Hastings in seeking to nullify questionable Environmental Protection Agency orders to remove copper from the city water system. The city eventually met the copper requirements and is no longer under an Administrative Order for Copper. The Council met with CH2MHILL and Miller Associates to discuss an innovative treatment plan that would have taken high nitrate water, treated it with a membrane and biological methods and stored it back in the ground. Three other methods, including developing a new source of water, treating the existing source and a combination of the two were also discussed.

November 1998 -- The council was told by Tom Heinemann of CH2MHILL, the city's best option was most likely to look at a new well field 8 miles north of McCook.

1999

March 1999 -- During a special study session, the McCook City Council learned that the cost to fix McCook's water problems could range anywhere from around $1 million to $2.3 million. The engineering firm hired to conduct the study encouraged the city to develop a new well field north of McCook.

April 1999 -- The city council chose water as its top priority during a goal setting session.

July 1999 -- The council voted unanimously to conduct more tests at the proposed well field and negotiate a land purchase agreement. The site was later identified as the former McCook Army Air Base.

September 1999 -- Three McCook residents, including then-Red Willow County Commissioner Dick Trail, testified against developing a well field north of McCook during a brief public hearing. The council agreed to pay $2.7 million for the 1,900 acre property. Councilman Phil Lyons voted against the purchase. Jim Huffman of McCook announced his plans to build a new dairy adjacent to the city's proposed water well field.

October 1999 -- Miller & Associates began an environmental assessment of the proposed site of the city's new municipal well field. The council was told by the Nebraska Department of Environment Quality it would be "unusual" to build a municipal well field near a livestock facility. The city council was scheduled to enter executive session during its Nov. 2 meeting to discuss the purchase of additional real estate.

November 1999 -- City councilman Phil Lyons urged fellow council members to abandon their plans to develop a well field on the proposed site.

December 1999 -- Two appraisers were hired by the city of McCook to review the $2.7 million purchase price for the Army Air Base property. When the appraisals came back, nearly a million dollars separated the two.

2000

January 2000 -- More questions were brought up regarding the Army Air Base. Miller & Associates was asked not to dig on the dump site on the property because of potential risks from chemicals dumped when the camp was in use.

February 2000 -- Councilman Dean Weskamp pulled his support for the purchase of the city well site on the Army Air Base. Nine area residents spoke against the purchase of the land at a special meeting. Engineers from CH2MHILL continued to stand by the well field proposal.

March 2000 -- The McCook City Council voted 3-2 to proceed with groundwater flow tests. At the same meeting, the council met in a one hour closed session to discuss the city's legal options in regard to the purchase of the Army Air Base property. McCook resident Richard Bair filed a petition in Red Willow County District Court to block the city's plans for a new well field at the Army Air Base. Kim and Carole Swearingen filed a lawsuit in Red Willow District Court, asking for full payment, plus interest for the property.

April 2000 -- Concerned Citizens of McCook began raising money to fund an attempt to block McCook's plans for the new water well field.

May 2000 -- The city filed a response in district court claiming the owners of the old Army Air Base property misrepresented the quality of the well field sites and misrepresented and concealed potential contamination of the site from the chemicals used while the camp was in operation.

June 2000 -- During a special city council meeting, Jack Daniel of Nebraska Health and Human Services told the McCook City Council to avoid extensive treatment of the city's water supply . The city had not yet abandoned its plans to put wells on the old Army Air Base property. The Environmental Protection Agency issued a report saying the proposed water well field needed to be further investigated for possible placement on the nation's Superfund list.

July 2000 -- The City Council asked CH2MHILL engineers and Miller & Associates to look at options for the city's water supply. Their evaluation looked at two types of treatment, ion exchange and reverse osmosis.

September 2000 -- The city began looking at land 15 miles northeast of McCook. A letter from Jim Condon of Olssen Associates of Lincoln suggested the city begin looking at arsenic levels in the water.

October 2000 -- The council asked Olssen Associates to develop a proposal to answer questions about treating the city's water supply. A decision by the McCook City Council to raise water rates was met with a public outcry when residents saw their bills double and even triple. The council gave residents a reprieve it decided to refigure the bills and put the rate increase into effect in January.

2001

January 2001 -- New McCook City Manager John Bingham asked the council to set up three open houses to acquaint city residents with the city's ongoing water problems.

March 2001 -- The city of McCook hosted a series of informational meetings regarding the city's water problems. Representatives from nine agencies were at the meetings to discuss different aspects of the issue.

June 2001 -- The lawsuit brought by the owners of the old Army Air Base was heard in Red Willow County District Court.

July 2001 -- The city dropped its plans to borrow $3 million to begin work on the water solution.

September 2001 -- In an attempt to meet the copper rules laid down by the EPA, the city began looking at banning copper pipes as an approved material for water piping in new construction. The plan was later abandoned.

October 2001 -- Red Willow County District Court Judge John Battershell found in favor of Kim and Carole Swearingen in their lawsuit against the city over the 1,900 acres of land purchased for the city's well field.

November 2001 -- Controversy began over the city's plans to address its ongoing water problems. Concerned Citizens of McCook asked for the resignation of two city council members and presented its own ideas to address the issue.

December 2001 -- The McCook City Council chose Olssen Associates to find an alternative water source for the city. The council approved the high bidder, saying it needed the best advice possible to solve its water problems. The council agreed to pay the engineering company $50,000 plus additional expenses. The bid from Miller & Associates was $23,576. The bid from W Design was $10,000. Councilman Phil Lyons and Dick Trail voted against the action.The council chose reverse osmosis with ion an exchange and greensand as the preferred treatment option.

2002

January 2002 -- The council approved the formation of a water advisory committee to assist in the decision of where to place a proposed new well field, if the city chose to go with that option. Red Willow County District Court Judge John Battershell again ruled in favor of Kim and Carole Swearingen, finding that the city owed them interest from March 1, 2000, on the 1,900 acres of property it had purchased and the irrigation equipment on the property belonged to the Swearingens. The court ruled that rents collected from March 1, 2000, belonged to the city.

February 2002 -- Property owner Kim Swearingen presented three separate settlement offers to the city. The city chose to pay $2.7 million plus $178,365 by Jan 7, 2003. The water advisory committee, consisting of 23 members, met for the first time.

May 2002 -- The Middle Republic Natural Resources District began to discuss plans for a well moratorium. The city agreed to ask for an exemption to the moratorium.

August 2002 -- The council chose three sites for further investigation as a possible new well field for the city of McCook. Councilman Chris Overman announced his resignation effective after the decision on McCook's water problem had been decided in November. Overman later announced that he would resign immediately.

September 2002 -- The council heard from different state and federal agencies about possible funding for the McCook water solution. Overwhelmingly, the consensus among the agencies was that water users should brace themselves for higher water rates.

October 2002 -- The council voted unanimously to sell the old McCook Army Air Base. A report from Olssen Associates contained incomplete data and the council was unable to make its decisions on a possible well field site. The McCook Water Advisory Committee voted to recommend treatment of the current water well-field as the best way to address McCook's long-term water woes. The council heard from three marketing firms interested in selling the old Army Air Base.

November 2002 -- The council chose a field north of McCook as the best location for a new water well field. Later when it was asked to choose between a water well field and treatment, the council followed the recommendation of the McCook Water Advisory Committee and chose treatment as the preferred option.

December2002 -- A 1-million gallon diesel leak and gasoline contamination was identified under the city's 4 million gallon water storage facility. Jack Daniel with the Department of Health and Human Services told the council his department would not approve the city's proposal to build a treatment plant on the site. Daniel also said the city would need to relocate its water storage facility. He encouraged the city to again look at a new well field.

2003

January 2003 -- The city-held auction brought $2 million for the sale of the Army Air Base Property, leaving the city responsible for nearly $1 million.

February 2003 -- The council began looking at optional sites for a new treatment facility. City Manager John Bingham suggested the city look one more time at finding a new water source.

March 2003 -- The city council voted 3-2 to spend an additional $15,000 to have Miller & Associates and W Design look for a possible new water field north of McCook.

April 2003 -- A report from W Design and Miller & Associates informed the council there is a good quality and quantity of water north of McCook. The council chose to go with a new well field, rather than treating the city's water system. The plan would develop one of two or a combination of both at a well site about 18 miles north of McCook. The plan would include abandoning the city's 4 million gallon water tank and building a new storage facility. It also includes abandoning the west water tower in McCook.

May 2003 -- The council approved contracts with W Design and Miller & Associates to act as engineers in developing a new city water well field on a vote of 3-2. The city agreed to pay W Design Associates $284,000 plus an additional amount for specified hourly work at a not to exceed total of $115,000. Miller & Associates will be paid $283,000 plus an additional amount for specified hourly work at a not to exceed total of $60,000.

June 2003 -- A group of citizens, including city councilman Phil Lyons, began circulating a petition that would rescind the contracts with Miller & Associates and W Design, the two engineering firms hired to develop the city‚s northern well field.

July 2003 -- During budget talks, the McCook City Council transferred nearly $275,000 from the city‚s regular budget to an account to help offset the $1 million it owed on the McCook Army Airbase property.

August 2003 -- The city of McCook hired William J. Delmore, an attorney with Kelsch, Kelsch, Ruff and Kranda law firm of Mandan, N.D., to begin evaluating the damage caused by the Burlington Northern/Santa Fe Railroad diesel spill at a cost of $15,000.

City administrators‚ estimated the additional tax levy to pay for the McCook Army Airbase judgement would cost taxpayers approximately 23 cents per $100 of valuation.

The council transferred an additional $146,000 to the special fund to pay for the Army Airbase judgement, bringing the total amount paid out of city funds to $494,000. The remaining $535,535 was to be paid through a special tax levy of 18.6 cents per $100 of valuation.

October 2003 -- The McCook City Council began looking at water rate increases to help pay for the city‚s new water system.

The council approved a request by city staff to allow it to apply for State Revolving Loan Funds to begin paying for the cost incurred in developing the city‚s northern well field.

November 2003 -- The council approved a 25 percent increase in water rates on first reading. At the same meeting the council voted 4-1 to follow a recommendation by Councilman Jim Kenny to hire an outside engineering company to examine a plan by Miller & Associates to reduce the amount of ammonia being released into the Republican River by the city‚s waste water treatment plant.

December 2003 -- The council approved an across-the-board increase of 25 percent for McCook water rates. City Manager John Bingham said the estimated $250,000 the increase in revenues fell about $216,000 short of what the city needed to fund the water improvement project.

The city council authorized the use of city sales tax funds to purchase conservation easements at the proposed northern well field.

William J. Delmore was hired at a cost of $145 an hour plus travel and expenses to represent the city‚s interest in the Burlington Northern/ Santa Fe Railroad diesel spill.

The council voted 3 - 2 to ask a judge to verify the validity of a petition signed by 1,326 McCook residents to rescind the engineering contracts with Miller & Associates and W Design for the development of a new northern well field.

2004

January 2004 -- Around 50 landowners with property surrounding the proposed northern well field expressed their concerns with the proposed northern well field. The landowners argued the new well field could deplete their underground source of water. They requested that the city consider reimbursing all land owners who might be affected by the well field, rather than only the two landowners with property where the wells were to be located. Despite the landowners concern, Jerry Reitz, Jerda Garey and Dick Trail voted in favor of the conservation easements.

Less than a week after the conservation easements were approved, a group of Frontier County landowners filed for zoning permits to build cattle feedlots near the site of the proposed northern well field.

A new petition was submitted to the city of McCook to rescind and repeal the action of the McCook City Council to approve the conservation easement contracts.

In reaction to a request by City Manager John Bingham to decide how the city planned to proceed with the water improvement project, the McCook City Council voted to abandon its plans to build a northern well field and rescind the engineering contracts with W Design and Miller & Associates.

February 2004 -- The city council voted 3 -2 to return to its November 2002 plans to investigate, improve and expand the present municipal well field by finding new wells low in nitrates, arsenic and uranium, develop a conservation program and wellhead protection area and a treatment plant.

Three landowners stepped forward to offer the city the opportunity for additional testing and investigation of their water source. The land was owned by Jay Hancock of Hancock Sand and Gravel, Marshall and Tracy Sis, and Ervain and Nadine Friehe.

March 2004 -- The McCook City Council learned from the State of Nebraska that it could be facing fines and penalties of up to $43 million for its failure to comply with a federal mandate to reduce the amount of ammonia being released into the Republican River by the city‚s waste water treatment facility. At the same time, the city received a letter from the state saying it was considering sanctions against the city for failing to comply with the approved schedule for the city‚s water improvement project.

April 2004 -- The council voted 4-1 to allow city staff to obtain an appraisal for the purchase of property for the development of two wells, begin land negotiations and start testing the site for up to two new wells.

Three tests from wells on the Hancock property showed nitrate contamination ranging from 0.36 ppm yo 2.9 ppm, well below the 10 ppm allowed by the Environmental Protection Agency.

May 2004 -- The council agreed unanimously to seek proposals from engineering firms for the design and supervision of a water treatment facility. The council agreed to proceed with environmental studies and test well drilling on two wells and begin looking for a third new well within seven miles of the city‚s current well field.

June 2004 -- The City of McCook attempted to extend its March 2006 compliance deadline until early 2008, however the Nebraska Department of Health and Human Services denied the request and insisted that the city meet the March 2006 deadline.

July 2004 -- The city council began the process of selecting an engineering firm to design a water treatment facility for the city of McCook, including Jacobson Helgoth Consultants and W Design, Wilson and Co. And Black and Veatch. Each engineering company was allowed to present its plans for the city of McCook.

The council voted 4-1 to move ahead with a plan to begin looking for at least one additional well site to meet Environmental Protection Agency mandates on arsenic, uranium and nitrates. Councilman Jerry Reitz voted against the measure, arguing the aquifer under the Republican River was being depleted and could not sustain additional wells.

With the absence of Councilman Dick Trail, the council reached a draw on which engineering firm to contract with. At a later meeting it was decided to choose Jacobson Helgoth and W Design.

A report on ground contamination at the city's new well field came back negative.

August 2004 -- Jacobson Helgoth and W Design began drawing up preliminary plans for the city‚s water treatment facility.

Councilman Jerry Reitz resigned his seat on the council saying he could not support the decisions made by the city council to find water to the south of McCook

September 2004 -- The city accepted a proposal that the it look at building a water treatment facility that can handle a peak-day demand of 6.84 million gallons a day, allowing for a 20 percent growth in usage. The city‚s goal will be to blend high nitrate water with lower nitrate water to bring it to an overall level of 15 ppm in nitrates, 15 ppb in arsenic and 50 ppb in uranium. Once those levels are reached, the treatment facility will be use to bring the nitrates down to 8 ppm in nitrates, 8 ppb in arsenic and 24 ppb in uranium.

The council voted to treat the city‚s water using ion exchange. Costs for the plan at the time of approval were estimated at approximately $2.5 million with a total annual cost of 93 cents per 1,000 gallons of water.

The council appointed McCook Jr. High Superintendent Dennis Berry to fill the seat left open by the resignation of Jerry Reitz.

October 2004 -- McCook residents were told the combined cost of the city‚s water treatment facility and wastewater treatment facility would be around $17 million.

The council voted to postpone a water rate hike for twice during the month, asking for more specific details regarding funding options for the city‚s new well filed.

The council approved a request from Jacobson Helgoth and W Design to froward the plans and specifications for equipment for the new water treatment facility to regulatory agencies for approval.

A proposal to test the settlement at the proposed treatment site was approved and dirt movers began placing 12 feet of soil on top of the proposed site.

November 2004 -- The council approved a water rate increase that will raise approximately $1.5 million a year.

The council accepted an offer from Burlington Northern/Santa Fe Railroad of $3 million for the purchase of the land where the city‚s current 4 million gallon storage facility is located.

December 2004 -- Dennis Berry, Bill Longnecker, and Aaron Kircher were sworn in as new council members.

The joint venture of W Design and Jacobson Helgoth modified the plans for the city's treatment facility in order to received approval of the plans from the Nebraska Department of Health and Human Services.

The council was given three specific deadlines in implementing the city's water improvements, including an October 2004 deadline for determining the type of treatment to be used, a Feb. 15, 2005 deadline for the plans for the treatment plan and a May 20 deadline for the instrumentation and control package.

The city was presented with four options to dispose of the waste created by the treatment plant -- mixing the brine with the water discharged from the city's wastewater plant, large storage ponds, deep injection well or directly into the Republican River.

The pilot study for the proposed water treatment began. Results consistently showed the level of nitrates reduced to 0.10 ppm.

2005

January 2005 -- The council voted 5-1 to approve an ordinance allowing bonds to be issued in the amount of $9.922 million, opening the door to receiving State Revolving Loan Funds.

Miller & Associates was awarded a bid to build a replacement booster station on West Fifth Street and ask for bids on renovations to the city's two elevated towers. The renovations would include removing lead based paint inside and out of the towers, new vents, new access ladders, an access port to the tank from the balcony, a safety climb system and a safety ladder on top of the tank.

The city received a report of "No Significant Impact" on the proposed treatment plant site.

Tonka Equipment Company of Minnesota received the bid to build the first equipment ever used in the United States to remove a combination of arsenic, nitrates and uranium. The winning bid came in at nearly $2.1 million, $763,000 below the engineers estimates.

The council chose to dispose of the brine from the treatment plant through a deep injection well. The well will cost an estimated $1 million to construct and cost about $50,000 a year to maintain. The cost per user will be around 14 cents per 1,000 gallons.

February 2005 -- The council adopted a resolution authorizing city staff to enter negotiations for the purchase of 76,85 acres of land for two new wells.

The council approved chlorination to disinfect the city's treated water.

The state gave preliminary approval to the architectural plans for the construction of the water treatment plant building.

The council also approved the plans and specifications for a water reservoir at the new treatment facility site. The size of the reservoir will be determined at a later date.

The council approved a consent decree with the State of Nebraska and the U.S. Department of Justice calling for the city to pay fines in the amount of $225,000 in fines and up to an additional $75,500 in penalties for remaining out of compliance on water and wastewater issues. City Manager John Bingham said the fines and penalties could be paid for from general reserve funds and water and sewer enterprise funds.

June 2005 -- The city purchases 73 acres of land, southwest of McCook, from Jay T. Hancock and Vickie L. Hancock for $210,000, as the site for two new water wells.