Remarks by Don Adams, Executive Director of Nebraskans First

Extracted from Kearney Hub article published January 22, 2005

..Don Adams of Lincoln, executive director of the groundwater irrigators group Nebraskans First, singled out the standard set within the Spear T ruling to prove damage liability.

"A proprietor of land ... who withdraws groundwater from the land and uses it for a beneficial purpose is not subject to liability for interference with the use of water of another, unless ... the withdrawal of the groundwater has a direct and substantial effect upon a watercourse or lake and unreasonably causes harm to a person entitled to the use of its water," Judge William Connolly wrote.

The ruling also says determining unreasonable harm must be done case by case.

Focusing on the words 'substantial and unreasonable' Adams said, "That's a pretty explicit, tough standard."

The effect on groundwater users will depend on what happens next in district court. "The burden now has to go back to Spear T to meet the standard" Adams said.

He believes the standard can be met only in a few locations, not statewide. "This is not a broad-brush indictment of groundwater irrigation"Adams said. "... This is not as bad as a lot of people think it is."