LINCOLN — University of Nebraska-Lincoln Water Law Specialist Dave Aiken talks on a
grand scale when describing the differences in groundwater and surface water management
resulting from LB962, which became law last week.
Hub photos by Lori Potter
A farmer north of Bertrand sprays his soybeans while a pivot irrigation system waters corn
in the background. Tri-Basin NRD now has a moratorium on new net irrigated acres in
western Phelps and Gosper counties after Sept. 15 in response to the state designating the
Platte Basin west of Elm Creek as overappropriated.
“This is major,” he said. “This is a big, big, big step. It’s huge.
We still have a substantial NRD (Natural Resources District) role, but now the state has a
more equal role in groundwater management.”
The basic structure that gives NRDs major authority over groundwater management and the
Nebraska Department of Natural Resources responsibility for surface water management
remains. However, LB962 requires moratoriums on new wells, new surface water rights and
new net irrigated acres in river basins or subbasins identified as fully appropriated or
overappropriated.
Already identified in those terms are the Republican Basin and the Platte Basin west of
Elm Creek. Other areas could be designated following DNR’s annual reviews of all
basins, as required under LB962.
A joint integrated groundwater/surface water management plan prepared by DNR and the NRDs
is required in the fully appropriated and overappropiated basins.
“There’s a little larger state role in terms of identifying basins as
overappropriated or fully appropriated. That’s a major step. That’s something I
felt was needed for a long time,” Aiken said.
He added that such designations make it difficult for officials of NRDs to say there is
no problem and then do nothing. Under LB962, “the state can say there is a problem
and we need to get going.”
“You have to look at both the surface water and groundwater, and their
relationship,” Aiken said, plus the current or future effects of water use on a river
system.
“It really ties them (surface water and groundwater) together for the first time.
It’s actually mind-blowing,” he said. “This actually puts Nebraska out in
front in recognizing surface water/groundwater relationships.”
Aiken said the change moves Nebraska from last to first among states in dealing with
interrelated water resources.
There is an appeal process built into LB962 that can be used if NRDs and the DNR have
disputes about the development or implementation of an integrated water management plan.
A five-member Interrelated Water Review Board will make a final decision about which
components to put into a plan or how it will be implemented. Members will include the
governor or his appointee, one other member of the governor’s choice, and three
members appointed by the governor from a list of at least six people nominated by the
Nebraska Natural Resources Commission.
Aiken said that if interstate water disputes or compacts are involved, it will be
difficult for the review board to say that something supported by the state doesn’t
need to be done.
More opportunities for water marketing are another major part of LB962, according to
Aiken.
“Now, we can buy and sell surface water rights on a more widespread basis than there
was before. Before, it was just irrigator to irrigator,” he explained.
LB962 could allow rights to be transferred for different purposes, such as environmental
benefits, and wells to be used to enhance streamflows.
