Surface irrigators taxed twice
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