| 08/20/2005 |
| DNR’s Patterson out; basin rules in |
| By LORI POTTER , Hub Staff Writer |
KEARNEY — Nebraska Department of Natural Resources Director Roger Patterson left office Friday, but not before signing off on controversial rules to define fully appropriated river basins.
“This is mind-boggling,” said Dave Nelson of Upland, a director of the Holdrege-based Tri-Basin Natural Resources District and president of the Nebraska Association of Resources Districts. “... I see a big battle brewing down the road. I really do.” Annual reviews of basins that aren’t already defined as fully appropriated or overappropriated are required by LB962, Nebraska’s integrated water law. The first DNR report is due by Jan. 1. Bleed said the law requires only that DNR list the kinds of data to be used in the assessments. However, it was decided to write rules detailing the process so that Nebraskans would understand what the department was doing, she said. The devil has been in the details, particularly the criteria to identify areas where pumping from hydrologically connected groundwater significantly affects streamflows. The most controversial rule is the formula to set the fully appropriated boundaries. The DNR rule uses a “10/50” line that defines “areas within which pumping of a well for 50 years will deplete the river or a base flow tributary ... by at least 10 percent of the amount pumped.” The NARD, individual NRDs and other groundwater groups testified against that criteria Aug. 11 and in favor of a 28 percent, 40-year formula. However, some surface-water interests said the 10-50 criteria wasn’t strict enough to protect their water rights. Patterson has said that DNR staff had looked at depletion formulas of 1 percent in 50 or 100 years. Nelson said Friday that by approving the controversial rules, DNR effectively has taken authority from LB962 and given it to the courts. “It’s like saying, ‘We’ll let the legal system decide water laws in Nebraska,’” he said. “... It won’t be 962, it will be the legal system.” Bleed said the fully appropriated basin rules, like any other DNR order, can be challenged in the Nebraska Court of Appeals. The Grand Island-based Central Platte NRD has been one of the most outspoken opponents of the 10-50 boundary formula. General Manager Ron Bishop said Friday he doesn’t know if his board will consider a legal challenge of the DNR rules, but the NARD board has discussed legal or legislative action. Bleed said the rules now will be reviewed by the attorney general’s staff and Gov. Dave Heineman. A statement from the governor’s office said that Heineman is aware of the controversy and understands the stakes involved, but he’ll wait until the legal review is completed before considering the rules. Bleed said rule changes could be proposed by a Nebraska Water Task Force subcommittee studying municipalities’ water concerns. If the full task force makes recommendations that become proposed amendments to DNR rules, a second public hearing would be required. e-mail to: lori.potter@kearneyhub.com
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