Letter to the Editor

Surface irrigators taxed twice

Thursday, September 25, 2014

Dear Editor,

I, my wife and our family, own three tracts of land in Frenchman Valley Irrigation District and have appropriations dated the 21st day of March, 1894.

We also have surface water rights under Hitchcock and Red Willow irrigation district and Frenchman Cambridge irrigation district. All of our irrigated land is located within the various irrigation districts in the Middle Republican Districts.

We are now at the point what little surface water there is, the state takes it to meet a federal compact obligation with Kansas.

A very good water bill was passed in 1975 but in 1982 the Nebraska Legislature took away any protection of surface water in for economic gain which nullified a bill that protected surface and the ground water aquifer from over depletion.

I feel the statement of Sen. Hoagland on Jan. 20, 1982, legislature debate, has and is being proven very true for the whole state.

SENATOR HOAGLAND: Page 6931 Quote "Now there was a major study done recently which indicated if current water use continues at the current rates and at expected growth rates, over one million acres, irrigated acres, are going to have to be returned to dryland farming in the next 30 to 40 years. That is going to have catastrophic results for agriculture in Nebraska and there are strong effective measures we can take today to prevent that reversion of dryland farming 30 to 40 years from now if we are willing to do it."

Page 6965 "I would just encourage all the members that are sitting here to take a look at these letters that have been distributed to you, one from Twin Platte Natural Resource District and the other from the Upper Republican Natural Resource District. Those are both NRDs that are very active and water short areas, both of them are inalterably opposed to this bill for a whole variety of reasons set out in those letters."

From the 1978, 200 page study, called QUANTITATIVE HYDROGEOLOGY for the UPPER REPUBLICAN NATURAL RESOURCES DISTRICT. SOUTHWEST NEBRASKA, U.S. GEOLOGICAL SURVEY. Water Resources Investigation 78-38. Prepared in cooperation with Conservation and Survey division. Institute of agriculture and Natural Resources.

The University of Nebraska-Lincoln and the Upper Republican Natural Resource District. "Surface runoff as overland flow is negligible and ground-water discharge to streams accounts for most stream flow leaving the study area.

The combined groundwater discharge to the nine perennial streams generated as ground-water discharge within the study area was 126,800 acre-ft/yr under conditions representative of minimal withdrawals of ground water until 1967. Ground-water discharge by evapotranspiration from shallow water-table areas in stream valleys was about 14,500 acre ft/yr prior to 1967 and no detected change has occurred."

Except minor inflows from small creeks which now rarely flow even times of abnormal rain fall, the only flow of surface water is the Platte Rivers from Colorado and Wyoming. Those stream bed areas now absorb those flows into their porous soil because the aquifer that was initially feeding the streams has declined where the water is absorbed into the soil and aquifer.

The NRDs have been allowed to deplete the aquifer and are now having to pump ground water into the streams and rivers and confiscate appropriated surface water to keep the state in compliance. Each time we have a dry period, the shortage of surface water for the Platte and Republican is compounded with Lincoln being the next to not have sufficient water, at an accelerated rate.

Surface water irrigators are being taxed twice. The only way your land was not included in the other irrigation district when the districts boundaries were formed, was if you had an irrigation well of sufficient state specified capacity, within the proposed area.

There were irrigation wells drilled prior to and in 1955 in order to stay out some individuals sold their land and I know of a group that had their attorney go to Washington trying to stay out, to no avail.

By the authority of state, surface water statues 46-553, 46-554, 46-555, 46-556, and 46-558 require surface water irrigators to pay for the operation & maintenance for the canals and dams which that land will be sold, to satisfy that tax, if not paid.

We receive a bill for the state required obligations and pay it each year to cover the cost of land purchase, installation and maintenance of the canals and are required to pay the operation and maintenance charge to the irrigation districts. Surface water irrigators acres are also required to pay the occupational tax if they had to drill a well to continue to irrigate. Some irrigators in Frenchman Cambridge irrigation district received approximately 2 inches per acre with the other districts none.

Those irrigators not in a surface water district only have to pay a bill for the occupation tax. That is double taxation for the same property right.

We drilled our first supplemental wells in 1970 when Enders dam went dry in early August we lost a lot of crop. Since then, we have drilled several wells and a lot of those are no longer used because of lack of water or drying up other people's household wells.

The state is now at point where the wells, the compact agreement, cities and other areas are running out of water, has and will cause lawsuits. Another very major problem in the future even if we only pump sustainable amount of water out of the aquifer, there already is a lag effect and will be for several years in stream depletion that will affect any stream flow.

Claude L Cappel,

McCook, Nebraska

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  • Good points Claude. But, District 44's next state senator will be another ag producer from the Upper NRD. The voters have once again clearly wanted the representation to come from the Upper again. Any major move to slow the depletion of water in the Republican River Basin and treat all irrigators, industry and city users more equally/fairly is not likely to happen soon.

    -- Posted by dennis on Thu, Sep 25, 2014, at 4:43 PM
  • I'm not entirely sure that surface water irrigators in the Middle and Lower Republican NRD will be made whole in the near future. Groundwater in the Upper Republican NRD has been depleted to the point that it will take decades for the water table to recover to anything resembling predevelopment levels. Furthermore, there is so much irrigated land in the Upper Republican that it is not easy to make a short-term economic argument for further reducing their irrigation for the long-term benefit of surface water users downstream. The surface water irrigators are limited even more politically because the majority of Nebraska's farm groups and irrigators oppose statewide groundwater restrictions. Unfortunately, the fact that political intervention is unlikely could have unpleasant long term implications for the entire basin.

    Without significant political or judicial intervention, the long term picture looks bleak for all involved. Eventually the Upper Republican will reach a point where its irrigators can no longer irrigate because the water is too scarce or too deep to cost-effectively retrieve. By that point, base flow entering the river from the Upper Republican will be negligible or non-existent. This means that the alluvial aquifer that supplies groundwater irrigation along the main stem of the Republican will no longer be recharged from streamflow. This will invariably lead to declining water tables in the Middle and Lower Republican NRDs and culminate in a near basin-wide abandonment of irrigation.

    Despite the potential for disaster, I do think there is some hope for better regulation. The Platte is also starting to experience significant declines in surface water availability and over 20% of the state's population is dependent upon the Platte River system for domestic, irrigation, and industrial uses. Increased scarcity across a large segment of the state, including the state capital, will eventually cause the winds of change to start blowing. Even without political action, Kansas may eventually succeed in obtaining judicial regulation of the basin. However, I think it would be best for all involved if a political solution were obtained.

    -- Posted by prairiestatesman on Thu, Sep 25, 2014, at 9:50 PM
  • Prairie....I agree. You spoke about ag irrigation. Due to the over pumping by the Upper and the past history not only will the farmers and ranchers suffer in the Middle and Lower but all the towns down stream will most likely suffer with loss of water for industry, businesses and individual use. For the past 16 years District 44 has elected a person from the Upper NRD. Our next rep will also be from the Upper.my hope is that whom ever we elect this Nov. will not be a puppet for the Upper.

    -- Posted by dennis on Fri, Sep 26, 2014, at 11:39 AM
  • Information more current than 40-50 year old USGS studies Mr. Cappel attempts to summarize and that predate groundwater management in the Republican Basin is available. A more balanced summary of the studies would show that groundwater declines in the Upper Republican have been 50%-80% less than what USGS predicted they would be had regulations not been imposed.

    Go to http://www.dnr.ne.gov/iwm/impacts-to-streamflow-in-the-republican-river-basin if you are interested in a current analysis of impacts of runoff reductions and groundwater pumping on stream flow. Some of the findings by the Nebraska Department of Natural Resources:

    - Had no groundwater irrigation been developed, average stream flows in the Basin would be 200,000 to 225,000 acre feet less today than in the 1950's and 1960's. With drought, there would be 300,000 to 325,000 acre feet less, or 85% of the irrigation storage in the USBR reservoirs.

    - Of the 99,000 acre foot reduction in average stream flows above Harlan County Lake in the 2000-2012 time period compared to 1986-2000, 74,000 is due to a reduction in runoff.

    - On average, 129,000 acre feet less water flowed into the FCID reservoirs in the 2000-2012 time period compared to 1950-1964. Of that amount, 60,000 acre feet is due to a reduction in runoff and 31,000 acre feet is due to groundwater pumping in Kansas and Colorado.

    - Above Swanson Reservoir, there was an average of 91,000 acre feet less flow at the Stratton guage in 2000-2012 than in 1951-1964. Of that 91,000 acre feet, 40,000 acre feet is due to reduced runoff and 31,000 is due to groundwater pumping in Kansas and Colorado.

    There is broad recognition that groundwater use impacts stream flow, but talking solely about groundwater use when considering impacts amounts to a debate tactic and political arm twisting. Nate Jenkins, URNRD

    -- Posted by natejenkins on Fri, Sep 26, 2014, at 5:14 PM
  • So Nate, I guess there isn't any reason to be concerned about sustainability when clearly the efforts by URNRD to increase groundwater pumping over the last 30 years is whats keeping Nebraska agriculture alive and well. Its those pesky Colorado and Kansas farmers that are to blame for the URNRD water tables dropping 200+ feet.

    -- Posted by shallal on Sun, Sep 28, 2014, at 3:33 AM
  • Nate, I would say do not even look at studies. Look at the current amount of water in our lakes and then look at when the water line was in the past. Look at the current flows in the river and look where they were a few years back. Look at the dry ponds and streams when a few years ago there was water. Look at the depth of the wells now compared to just a few years ago. There is a major problem and keeping current pumping usage in the Upper is a huge part of the problem.

    -- Posted by dennis on Sun, Sep 28, 2014, at 8:29 PM
  • It is worth acknowledging that the URNRD has done an admirable job of significantly reducing the rate of aquifer decline. However, baseflows and groundwater levels are still declining in the URNRD, those declines reduce available surface water, and downstream irrigators are harmed as a result. The fact that the harm is less than it could have been is little consolation to those that have been without a steady supply of water for the last decade.

    It is true that there is less water being imported from Kansas and Colorado, riparian vegetation has increased water loss, and runoff has decreased. Even though some will dispute the methodology used to arrive at the division of Nate's numbers, most people will acknowledge that there are other factors besides groundwater irrigation which contribute to surface water decline. Unfortunately for the URNRD, Nebraska is not in a position to increase runoff or obtain the missing water from Colorado or Kansas. At a state level, Nebraska is more concerned about trying to prevent unfavorable court rulings than trying to get more water to enter Nebraska. Furthermore, much of the reduction in runoff is the direct result of conservation practices which would be unwise to discontinue.

    MRNRD and LRNRD surface water users are in a difficult position. As noted earlier, there are four factors that influence the decline of available surface water. Of those four, groundwater pumping and riparian vegetation are the only factors which are practical for Nebraska to regulate. While some attempts have been made to reduce riparian vegetation, aggrieved water users are focusing on groundwater overuse because it is the political effort that is the most likely to have a long-term impact.

    This brings me to another point that should be addressed. Nate stated that focusing groundwater overuse is a simple political tactic. That is absolutely correct and he gets brownie points for that observation. However, why does it matter if this is a political tactic? Every aspect of this discussion has political implications for people trying to look out for their interests. The URNRD is looking out for its own interests by trying to maximize the exploitation of the aquifer and prevent additional regulation. Meanwhile, surface water users in the LRNRD and MRNRD are attempting to preserve their rights by pursuing groundwater regulation in an effort to obtain water which has been intercepted by upstream irrigators. Just because something is politically calculated does not mean that it does not have merit or should be dismissed.

    -- Posted by prairiestatesman on Mon, Sep 29, 2014, at 2:32 PM
  • Nate, The reduction in average streamflow is a symptom of groundwater pumping and aquifer decline. Pages 6 and 7 of the recent USGS publication "Streamfow Depletion by Wells-Understanding and Managing the effects of Groundwater pumping on Streamflow" explains a "losing stream" in short rainfall that happens to find its way to a tributary soaks into the dry streambed instead flowing into the Republican River. The Republican River Basin needs to be declared "Over appropriated" and then it can be managed accordingly.

    -- Posted by rw county irrigator on Tue, Sep 30, 2014, at 7:30 AM
  • If only people seen what was coming 35 years ago. All the pivot irrigation on dryland acres. Those acres were meant to be dry... wheat, milo, and cane feed. Irrigated land is in the river bottom. That is what used to be. Now, with all the new irrigation on the dry land acres, water levels drop greatly. Hmmm? Yes, it is good to develop new ways to grow crops, but people need to stop certain ways and conserve what we do have.

    This "deal" we have with Kansas on water should be abolished. How can we supply them with water that isn't there?? Sure, send it down the Republican river and they get it. Yep, eastern Kansas does, but I don't really see anything done with it except it is all in a reservoir. A few years ago when no water was in the river, we were being sued by Kansas for no water. That is a special kind of stupid. All politics and crap. Some people have all the answers out there. Well if you do, get up on the soapbox and get this figured out. All I see is a bunch of talk and no action.

    -- Posted by edbru on Sat, Oct 4, 2014, at 7:17 AM
  • Ebro, I agree with you that the compact should be rewritten but Kansas has already won that legal fight. We need irrigation in this area but over pumping and irrigating land that is not really suited for crops is drying up the aquifer and hurting farmers that for years used ditches to water their crops.

    -- Posted by dennis on Sat, Oct 4, 2014, at 8:28 AM
  • Claude, check the records of our local candidates and see which one is backed by Water Claim and the Upper NRD. Check who has paid their property taxes and who did not pay for years. I support Dan Hughes.

    -- Posted by dennis on Thu, Oct 9, 2014, at 5:08 PM
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