2005 Water Events

January 2005:

  • 01/06/05 – URNRD unanimously votes to support the WaterClaim Spring Creek Water Transfer Proposal.
  • 01/10/05 – Republican River Basin Management  Association votes to consider WaterClaim Spring Creek Water Transfer Proposal.  Roger Patterson with the DNR states that with this vote the DNR will “take procedures” to get going on the idea.
  • 01/18/05 – Middle Republican NRD Integrated Management Plan takes effect.
  • 01/21/05 – Nebraska Supreme Court rules that Spear T can sue irrigators for using groundwater that might affect the stream.

 

February 2005:

  • 02/23/05 – DNR notifies the URNRD Board at a board retreat (public not invited) of a Model run showing how much water will be saved if every irrigation well in the district is shut off.  The DNR tells the URNRD that what the allocation is doesn’t matter because the Model uses a set number of inches based on the number of acres.
  • 02/25/05 – WaterClaim presents details of Spring Creek transfer idea to Central Nebraska Public Power and Irrigation District board
  • Throughout January through May, the DNR and the Attorney Generals office tell the NRD boards in closed session that if the NRDs do not agree to the IMPs that the NRDs will see their allocations reduced by half.  The public is told by the DNR that if the NRDs reduce usage 5% and accept the IMPs that no further reductions will be required until at least 2007.

 

March 2005:

  • 03/01/05 – URNRD holds Stakeholders’ meeting in Imperial.
  • 03/02/05 – Water Policy Task Force meets, all representatives from Southwest Nebraska ask task force to transfer NRD power to State and force a reduction in allocation to 6 inches.
  • 03/03/05 – URNRD IMP public hearing.
  • 03/03/05 – WaterClaim testifies at URNRD hearing that the IMPs will not result in Nebraska staying in compliance and that more will be required.
  • 03/08/05 – WaterClaim presents Spring Transfer Plan to TriBasin NRD.
  • 03/19/05 – CREP funding announced.

 

April 2005:

  • 04/01/05 – WaterClaim challenges URNRD closed meetings.
  • 04/04/05 – Kenny Owens resigns from URNRD board, effective July 5th.
  • 04/05/05 – CREP signup starts.
  • 04/08/05 – CPNRD rejects DNR proposal to expand area that it jointly manages with the NRDs to twice as much land.
  • 04/25/05 – Colorado pays Kansas $34 million for damages on the Arkansas River.
  • 04/28/05 – Upper Republican NRD holds 2nd IMP hearing.
  • 04/30/05 – Tom Osborne announces run for governor.

 

May 2005:

  • 05/03/05 – Upper Republican NRD adopts IMP.
  • 05/05/05 – URNRD reports that based on DNR statements no further reductions in allocations are expected through the end of 2007. 
  • 05/19/05 – Lower Republican NRD holds hearing on proposed IMP.
  • 05/19/05 – Lower Republican NRD adopts IMP.
  • 05/27/05 – Assistant Editor of Grand Island newspaper attacks irrigation and says legislature is dominated by partisan water interests.

 

June 2005:

  • 06/02/05 – Upper Republican NRD IMP takes effect.
  • 06/09/05 – Omaha World Herald editorial calls Grand Island editorial useful and a good starting point.
  • 06/24/05 – Lower Republican NRD IMP takes effect.
  • 06/28/05 – URNRD walks out of depositions, refusing to answer questions about violations of open meetings laws.  The one partial deposition given by Mike Mosel of the URNRD board stated that closed sessions were required to protect the reputation of Roger Patterson as he helped the URNRD against the other NRDs

 

July 2005:

  • 07/01/05 – Supreme court rules against CNPPID stating that the DNR has no jurisdiction over groundwater and no authority to regulate groundwater users.  It is, therefore, the job of the NRDs.  A surface irrigator can collect damages from groundwater irrigators but it must be decided on a case by case basis.
  • 07/03/05 – 07/08/05 – Roger Patterson announced he plans to resign from the DNR.  Will be a consultant in Omaha.  Ann Bleed will be interim DNR director. 
  • 07/06/05 – WaterClaim releases study showing that even if every irrigation well is turned off that Nebraska will fail to comply with the Settlement Agreement with Kansas.
  • 07/08/05 – Nebraska Supreme Court rules against Spear T ranch stating that the DNR is not responsible for managing groundwater but rather that NRDs are responsible.
  • 07/15/05 – WaterClaim offers to drop open meeting lawsuit if UNNRD will agree to hold all future public policy discussion in public. URNRD declines stating that it needs to negotiate allocations in secret.
  • 07/19/05 – DNR reports to group of NRD managers that Nebraska is over its 2004 allocation by 31,000 acre feet in addition to the 2003 overage of 25,000 acre feet.  Ann Bleed says the solution is to reduce the number of acres.  The DNR confirms at the even with all wells turned off that Nebraska will fail to comply.
  • 07/19/05 – Dan Smith, chair of the Republican River Basin Management  Association rejects water transfer plan because it can’t be financed.
  • 07/24/05 – Jasper Fanning, manager of the URNRD states that NRDs do not form policy but rather implement State policy.
  • 07/29/05 – URNRD holds its first and only citizens work group meeting.  Group recommends URNRD study Spring Creek Transfer.  Jasper Fanning, manager of the URNRD states that yes, Nebraska will probably fail to comply with Settlement Agreement but that he cannot say this on the record because the Assistant Attorney General would call him.

 

August 2005:

  • 08/05/05 –Congressman Osborne visits Imperial.  He gives the impression that he wants to shut off water and concentrate on hunting instead. 
  • 08/09/05 – URNRD board decides to appoint the URNRD negotiating committee to discuss Spring Creek transfer.
  • 08/09/05 – URNRD votes to ask association of NRDs to support a $10 per acre fee for the purpose of retiring acres. 
  • 08/10/05 – DNR provides notice that it intends to double the area it can influence by with an Integrated Management Plan. 10%/50years.
  • 08/10/05 – Ann Bleed with the DNR states, "Development can and will and should continue."
  • 08/15/05 – Omaha World Herald editorial supports expansion of DNR control of water.
  • 08/15/05 – Associated Press publishes WaterClaim estimate of $15,000,000 in damages due to Kansas if Nebraska is 100,000 acre feet out of compliance.
  • 08/23/05 – LRNRD passes resolution stating that it will make no further reductions in allocation.  Any additional requirements must be paid for by the State of Nebraska.
  • 08/28/05 – Surface irrigators in NE Colorado formally ask that all ground water irrigation in Colorado be turned off until the stream flow returns.
  • 08/30/05 – The DNR and the Attorney Generals office state that Nebraska will comply with the Kansas Settlement Agreement.

 

September 2005:

  • 09/03/05 – Governor Heineman letter to WaterClaim states that the NRDs and the State of Nebraska have done enough and that no further reductions or any imports should be necessary.
  • 09/05/05 – USGS releases report that recharge of the Ogallala aquifer is between 0.03 and 0.3 inches per year.  This means sustainable use of the aquifer means almost no groundwater pumping.
  • 09/05/05 – US Federal judge rules that farmers to not need to be compensated if their access to water is taken.  Ruling regarding Klamath Falls, Oregon.
  • 09/12/05 – WaterClaim formally requests access to all open records of both the URNRD and the DNR for the past 12 months. 
  • 09/15/05 – Republican NRDs meet with DNR and ask it to state publicly that there is a problem with compliance by the end of 2007.
  • 09/16/05 – Republican NRDs and the DNR meet again and formulate a priority of actions list.  1. Purchase surface water and pump water into the stream. 2. Pump water into the stream from further away.  3.  Retire more acres and reduce allocations more.  NRDs request additional computer simulations.
  • 09/16/05 – DNR provides notice to the NRDs that 2006 will be a Water Short Year.
  • 09/21/05 – URNRD reports that it has three documents relating to the water.  
  • 09/22/05 – WaterClaim disputes URNRD claim that it only has three documents.
  • 09/23/05 – CPNRD appoints Mick Reynolds to board. 
  • 09/27/05 – Association of NRD rejects URNRD proposal to tax land at $10 an acre.

 

October 2005:

  • 10/04/05 – URNRD, for the first time, states for the public record that it is likely that Nebraska will fail to comply with the 2007 deadline.
  • 10/04/05 – URNRD rejects only candidate for open NRD board seat because person is a member of WaterClaim.
  • 10/12/05 – WaterClaim officially requests access to DNR public records dealing with the Republican River.  
  • 10/20/05 – Colorado State University predicts that within fifteen years 25% to 40% of all Colorado irrigated land will lose access to water. 
  • 10/26/05 – WaterClaim again officially requests access to DNR public records dealing with the Republican River. 
  • 10/26/05 – Court judge orders URNRD to respond to WaterClaim questions.
  • 10/27/05 – DNR provides notice that it will make available spreadsheets and correspondence with the NRDs for $750.  Cost is to pay on staff attorneys to review material before release.
  • 10/31/05 – Nebraska Policy Institute releases report showing irrigation to cause 4.5 billion increase in activity and 45,000 jobs.

 

November 2005:

  • 11/01/05 – URNRD appoints Ron Milner, former URNRD manager, to open seat.
  • 11/08/05 – Imperial Republican newspaper writes editorial stating that WaterClaim has been right on every fact and that the NRDs and DNR need to come clean.
  • 11/09/05 – DNR goes on record, stating that there is a big problem in complying with the Settlement Agreement by the end of 2007.  Ann Bleed states the options include shutting off wells and lowering allocations.  Ann Bleed says a flood is needed to avoid failure.
  • 11/09/05 – President of the Association of NRDs doubts the validity of the computer simulation used to measure compliance.
  • 11/10/05 – DNR provides notice that 2005 will result in Nebraska being about 40,000 acre feet over its allocation.  Three year total is now more than 100,000 acre feet over.  DNR estimates 200,000 additional acres beyond CREP and EQIP need to be taken out of production. 
  • 11/13/05 – Omaha World Herald editorial says water problem caused by “the blindly optimistic attitude of irrigators and water policy officials.”
  • 11/16/05 – Don Stenberg states that as Attorney General he protected the State and if the State wants to be in compliance, the Agreement permits the importation of water.
  • 11/16/05 – Congressman Tom Osborne writes to Kansas and suggests that the Agreement needs to be renegotiated.
  • 11/17/05 – Water Policy Task Force suggests local communities pay part of the cost of compliance.
  • 11/17/05 – Water Policy Task Force suggests it will take $375 million over the next 15 years to comply.  Estimate is based on retiring 200,000 acres for $20 million a year.
  • 11/18/05 – Kansas rejects idea of renegotiation and states that it fully expects Nebraska to comply and do so by honoring the agreement.

 

December 2005:

  • 12/06/05 – URNRD holds hearing to take public input on proposal to change election rules.  Most testifying believe this is an attempt to change the rules to increase the chances of staying in office.
  • 12/07/05 – WaterClaim releases report showing that it is impossible for NRDs to comply with the requirements of the Agreement with Kansas and asks the Legislature to permit the NRDs to do what is necessary to assure future compliance.
  • 12/09/05 – CNPPID suggests changing the law to permit it to create new consumptive uses in the central Platte area and to restrict groundwater irrigation west of McConaughy.
  • 12/10/05 – Governor Heineman suggests a statewide discussion about water to decide if the problem warrants State attention.
  • 12/10/05 – Lincoln Journal news story calls idea of transferring water into the Republican River Basin, radical.
  • 12/10/05 – Ray Supalla says irrigation adds about $1000 an acre to the value of a piece of property.
  • 12/14/05 – Omaha World Herald editorial supports CNPPID plan to create new consumptive uses in the central Platte and to force the reduction in access to water for groundwater irrigators.
  • 12/14/05 – Colorado Attorney General suggests that Nebraska should not try to renegotiate the Settlement Agreement and instead comply.
  • 12/16/05 – DNR and Republican Basin NRDs brainstorm ideas on how to solve problem.  They decide to attempt to purchase all surface water in the Basin, about 20,000 acre feet.  Bostwick Irrigation District says it wants $5 million for the 20,000 acre feet.
  • 12/20/05 – WaterClaim conversations with the DNR, Water Policy Task Force members, NRD board members, two State Legislators, and a few other parties reveal the consensus plan is to purchase all available surface water in the Republican River Basin, remove another 20,000 acres from production by moving CREP acres from the Platte to the Republican, and to attempt to get a few more EQIP acres removed.  Then call this a good start and worry about 2007 in 2007.