Public weighs in on rules proposed for regulating water

KEARNEY, Neb. — A proposal for water restrictions taking effect next year could jeopardize the state's economy, officials were told at a hearing this week, while other people said the restrictions should be stronger.

As parts of Nebraska grapple with a years-long drought, the state Department of Natural Resources must determine which new areas should be under restrictions as of January.

Last month, as the result of a water law passed last year known as LB 962, the department released a draft of the proposed rules to determine whether water flowing in streams or found in underground aquifers is fully appropriated. The law is designed to manage water use and address the connection between surface and groundwater.

More than 100 people attended a hearing in Kearney on Thursday to talk about how the law should be implemented. Most expressed concern about a provision known as the 10-50 line. In it, officials would consider surface and groundwater to be connected if pumping a well would deplete a river by 10 percent or more for a period of 50 years.

Don Adams, executive director of groundwater group Nebraskans First, said the rule was too restrictive and could jeopardize the economy.

"These rules will harm our agricultural-based economy and effectively put a great big 'Closed to New Business' sign up," Adams said. "In a state like ours, where irrigation is a necessity, not a luxury, these rules make no economic sense."

But to Chad Smith, the state field office director for the nonprofit group American Rivers, the guidelines don't go far enough. He said they draw the fully appropriated line too narrowly, meaning people will fight over water in years to come.

"The final rule must ensure that the geographic area determined to be fully appropriated captures the full long-term impacts of both surface water and groundwater use," Smith said.

Nearly 500 people attended a meeting in Fremont on Wednesday to discuss the irrigation restrictions. Kirk Kavan said he knows more aggressive restrictions will protect his farming business in North Bend.

"We used to think we had an unlimited amount of groundwater. Now we're starting to realize it isn't unlimited," Kavan said.

One of the new law's goals is to work on long-term water solutions with the state's limited resources, said Dave Cookson, special counsel on water issues to Attorney General Jon Bruning. If no long-term solutions are found, the battle over water will go to the courts, he said.

Roger Patterson, director of DNR, said he would consider the testimony as he decided whether to proceed with propsal, make changes and hold another hearing.

Patterson is leaving his position next week and said he was not sure he would make the decision before then. In that case, Ann Bleed, DNR deputy director, would decide.

Eight natural resources districts in central and western Nebraska already are considered fully appropriated: Upper Niobrara White, North Platte, South Platte, Twin Platte, Central Platte, Upper Republican, Middle Republican and Lower Republican.

The Platte Basin upstream of Elm Creek has been identified as over-appropriated, which means the extent of development isn't sustainable over the long term and permitted uses exceed water supply.

In the east, the Loup, Elkhorn and Lower Platte River basins could be added to the list of watersheds designated as either fully appropriated or over-appropriated, Bleed said last month.

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