Local resources district objects to new state water law

ALMA, Neb. — The directors of the Lower Republican Natural Resources District say a new state water law is taking away local control of groundwater.

The directors unanimously adopted a resolution Friday, which says the law strengthens the Nebraska Department of Natural Resource's role in managing local groundwater and calls the "transfer of power" unwarranted.

Lower Republican Natural Resources District Director J. F. Hoffman of Arapahoe introduced the resolution and called the law a "terrible deal."

Under the new law that took effect Friday, there is a moratorium on developing new irrigated acres in certain Nebraska river basins including all of the Republican Basin and the Platte Basin west of Elm Creek. And while the Natural Resources Districts have authority over groundwater use, the Department of Natural Resources has authority over surface water use and both agencies must prepare integrated plans for river basins like the Republican Basin.

In addition to adopting its resolution Friday, the Lower Republican Natural Resources District also voted to override the moratorium deadline and extend it until December 31.

Don Adams of Lincoln, representing the groundwater irrigators' organization Nebraskans First, said at the meeting that the state should not have a hand in how local groundwater is used.

"Regulations must not be controlled at the state level," Adams said.

Department of Natural Resources Director Roger Patterson said keeping local control of groundwater is paramount, but he will not approve a water management plan that doesn't comply with the 1943 Republican River Compact.

Under the compact Nebraska can consume 300,000 acre-feet of water annually, or 49 percent of the virgin water available in the basin during normal years. During dry years water available to the state is about 200,000 acre-feet.

"I know you guys really hate all of this and people are really unhappy," Patterson said. "We are going to work through this. We have to be creative down here to handle the wild fluctuations (in groundwater use)."

Sen. Ed Schrock of Elm Creek sponsored the bill (LB962) that became the new law. He told those gathered for the Friday meeting that the bill can be changed. Recommendations for changes must be presented by mid-November to the Legislature's Natural Resources Committee.

"I believe there are a lot of good things in LB962," Schrock said, "and there are a lot of tough issues we have to deal with."

Information from: Kearney Daily Hub