Opinions
of water users, NRD officials, state uthorities on LB962’s significance
vary: Some say law just ‘baby steps’; others claim far-reaching
effects
By
LORI POTTER
and GINGER JENSEN Hub Staff
KEARNEY — Since its passage by the Nebraska Legislature last spring,
LB962 has been both praised and cursed for the major changes it makes
in Nebraska water laws and management.
The changes were recommended by the 49-member Nebraska Water Policy Task
Force, which studied the issues for 18 months before sending a report
to Gov. Mike Johanns and the Legislature.
In the week since LB962 became law, the Hub asked area water users, Natural
Resources District officials and state officials to answer the same question:
How is Nebraska different now, in terms of water policy and management,
than before LB962 took effect July 16?
Tom Schwarz of Bertrand, farmer, Nebraska Water Users official and member
of the Nebraska Water Policy Task Force:
“Honestly, not a great deal different. We’ve taken some baby
steps we needed to. I think most people in the state realize we have a
limited source of water. To use it until it’s gone is a waste of
resources.”
He said other events forced some groundwater/surface water management
changes included in LB962. “We wouldn’t have dealt with it yet
if it wasn’t for the (Platte River) cooperative agreement and (Republican
River) compact issues. We haven’t dealt with it yet. We have a long
way to go.”
Schwarz said the new policies may help eastern parts of Nebraska, where
basins aren’t fully appropriated yet, control water use to avoid
the difficult water resources issues in the west.
Don Blankenau of Lincoln, water law specialist and legal counsel to the
Tri-Basin NRD:
“I would describe it as a very significant change in Nebraska water
law. In the past, we’ve never regulated groundwater use to protect
surface water flows.”
Now, the state Department of Natural Resources will make annual reviews
to protect flows and define fully appropriated and overappropriated basins.
“I think that’s probably a good thing for surface water as a
whole ... Conceptually, the one really important change is that Nebraska
has a vast underground resource, and much of it will be off-limits because
of this new law. Whether that’s a good thing or bad thing, we’ll
have to see down the road.”
Concerning the effect on interstate water issues, Blankenau said other
states weren’t going to give up any use of their resources unless
Nebraska showed a willingness to do the same.
Sen. Ed Schrock of Elm Creek, chairman of the Legislature’s Natural
Resources Committee, co-chairman of the Nebraska Water Policy Task Force
and LB962 sponsor:
“The crux of 962 is that now there will be a yearly assessment of
river basins in the state to determine if any are fully appropriated or
overappropriated. In those basins, DNR will ask the NRD to take action.”
He said the action taken by NRDs to limit groundwater consumption will
be up to the NRDs. “People don’t want the state coming in and
telling them what to do. This will keep control at the local level through
the NRDs.
“The state doesn’t want control of the water. We were forced
into it. Kansas didn’t sue the Lower Republican NRD. They sued the
state of Nebraska. We had no choice.”
Roger Patterson of Lincoln, DNR director:
He said LB962 gives Nebraska a tool so the state doesn’t have overdeveloped
river basins in the future.
“Every year, we will have to assess both surface water and groundwater.
Where surface water and groundwater are hydrologically connected, LB962
will allow DNR and NRDs to have an integrated management plan.”
Nelson Trambly of Campbell, member of the Nebraska Water Policy Task
Force and Lower Republican NRD Board of Directors:
“Because of LB962, the 242,000 acre-feet of groundwater available
in the Republican River Basin (in a dry year) will be divided up in more
ways. And by overriding the cutoff date of July 16 (the LRNRD voted July
16 to extend the irrigated acre certification deadline to Dec. 31), the
LRNRD will have more acres of irrigated land they will have to deal with.”
John Thorburn of Holdrege, general manager of the Tri-Basin NRD:
“Certainly the state Department of Natural Resources has more authority
to require NRDs to address integrated (water) management issues ... It’s
not an immediate change.
“I think as we look at the longer term, the limitations we’re
seeing now in the Republican and upper Platte on well drilling and irrigated
acres are likely to be extended over much of the state.”
Don Kraus of Holdrege, general manager of Central Nebraska Public Power
and Irrigation District:
“We are taking the first step to start managing resources which we
previously treated separately as one. We have many more steps to take
before we can really make progress in that effort.”
He said LB962 implements moratoriums and requires fairly significant planning
by the DNR in areas where groundwater and surface water are hydrologically
connected. “In the next two years, they’ll be looking at all
the basins at the current level of development to see if other steps are
needed in the future.”
Ray Winz, a rural Holdrege farmer and member of the Tri-Basin NRD Board
of Directors:
He believes LB962 will result in surface water and groundwater irrigators
being more informed, and the DNR and NRDs having more complete knowledge
of water resources available. However, he’s concerned about methods
that may be used for water use allocations.
“LB962 provides a way the state can override an NRD’s (water)
conservation plan, if the NRD and DNR don’t agree. I do think, Roger
(Patterson) is intent on getting those plans together.”
