Dwindling supplies of water from the drought affect irrigation canals like the Cozad Canal in south Gothenburg.

Dean Kugler blames the drought on dwindling water supplies--not the misuse of the natural resource by irrigators.

That's why he's concerned about new water legislation in Nebraska and its effect on Dawson County producers.

Kugler and the other commissioners met with Gov. Mike Johanns and other state water officials in Lexington on June 30 to discuss water issues.

"They are taking water away from the landowners of Dawson County and expect us to abidicate our rights but no water in the river (Platte) is not a new phenomenon," he said.

One of the issues in LB 962--water legislation that was passed by state senators this past session--deals with the leasing of water rights and ultimately property taxes that could plummet if enough landowners lease their rights to someone else for more than five years, Kugler said.

For example, a piece of irrigated land in the county recently sold for $2,200 an acre as compared to non-irrigated land that sells for about $800 an acre.

As explained by Jim Lundgren, the vice president of Nebraska Water Users Inc., the new legislation allows--for the first time--a form of water marketing for landowners who have water rights.

What that means, Lundgren said, is that a landowner may have water rights on property he or she doesn't use. The owner could then lease the right to an agricultural producer who would pay him or her.

Under a short-term lease less than five years, he said the property classification would remain as irrigated land. However a long-term lease or up to 30 years changes the classification from irrigated to dry land.

With a drop in value, property taxes also decrease.

Dean Kugler...Dawson County commissioner

Although the legislation could provide property tax relief for some landowners, it could be disastrous for Dawson County which Kugler described as one of the most highly irrigated counties in the state.

Because of irrigation, he said there is consistency in the growing of corn and other crops that also have uniformity in quality.

Now with the water legislation and a recent moratorium on the drilling of new wells near the Platte River, Kugler said a farmer producing white corn for Frito-Lay may use his allocation of surface water and can't dig a well from which to pump groundwater to irrigate so he loses his crop.

"With all of this talk about water being over appropriated--who says?" he asked.

Within Dawson County, Kugler said the Platte River isn't fed by live streams like the Republican River. As a result, he said pumping groundwater for crops doesn't affect the surface water in the Platte.

He pointed to a private study done by a Dawson County landowner who monitored an irrigation well flucutation for 30 years and found little fluctuation in the water level.

In November of 2003, the Central Platte Natural Resources District (NRD) voted to temporarily suspend the drilling of new wells from six to eight miles on either side of the Platte from Gothenburg to Columbus.

At the time, Central Platte NRD executive director Ron Bishop said the suspension was necessary because of a perceived relationship between surface water (from irrigation canals and the Platte River and its tributaries) and the pumping of groundwater for irrigation and other things like municipal water supplies.

"My conclusion is that these people come from the state and try to tell us what's good for us and how we should accept what they are doing like the moratoriums," Kugler said.

Right now, Lundgren said there are no parameters about who makes water policy decisions. As a result, he said much of the control of Nebraska water is in the hands of Roger Patterson, director of the Nebraska Department of Natural Resources.

That department regulates water use rights of Nebraska's streams in accordance with rights that been estalished and recorded, approves petitions for creating public irrigation districts and regulates facilities that use ground water.

Kugler said the one-shoe-fits-all philosophy shouldn't be used across the state because water and other needs vary from one area to another, he said.

Kugler said he was disappointed a 49-member Water Policy Task Force that recommended how to resolve water conflicts in the state through LB 962 included only one representative from Dawson County--a county with one of the highest numbers of irrigated acres.

According to Dawson County Extension officials, Hamilton County has the most irrigated acres at approximately 272,000 followed by Dawson County with 268,000. Merrick County has the highest number of irrigation wells.

Kugler acknowledged that water issues are complex and further complicated by people wanting more water along rivers like the Platte to protect endangered species.

"But they are taking away that water from our users, the farmers who have rights," Kugler said.

Kugler said what the county spends on services is based on land values as was the building of the new junior-senior high school in Gothenburg.

"If we lose 10% in land value, we lose 10% in income and where do we make it up?" he asked.

According to Lungren, one of the biggest misperceptions about agricultural producers is that they are greedy users of water.

"We use water to grow food products," he said.

Most people don't understand the direct connection between producers and the final product, Lundgren said, noting that 1,000 gallons of water are needed daily to grow food for one person.

"Farmers are trying to earn a living too," he said. "We use water to benefit all."