Water Policy - Seepage from the aquifer

The Right to Water or Cash

This is a simplified image showing a cross section of the aquifer and the stream.

When the aquifer is high, it naturally seeps to the surface via springs and creates a river.  About 80% of the flow of the Republican River originates from these aquifer-fed springs.  The other 20% is runoff from precipitation.

As the aquifer is pumped, the water table is lowered and some of the springs are then above the water table and go dry. 

Some of the wells (such as C) are no longer in the saturated zone and can no longer pump water.  Other wells (such as A) must lower their well to continue pumping water.

As the water table is reduced, Spring 1 will no longer contribute water to the stream flow.  The Republican River Settlement ruled that this loss of stream flow was caused by wells A, B, and C and that these wells must reduce pumpage in order to compensate.

The reduction in the stream flow caused by pumping prior to 2002 is supposed to be ignored.  But, from 2003 and on, all reductions to the stream caused by pumping must be accounted for.

There are only two ways this can be done.  One is to turn off all wells in order to insure that the reduction of the aquifer is completely stopped.  The other is to put in another well and pump the water directly into the stream.  This will maintain the stream flow without blocking access to the aquifer. 

Nebraska has adopted the idea that stream flow must be maintained, and that any reduction in the stream caused by the lowering of the water table cannot be allowed.  The surface water user is protected and is given the right to continued seepage from the aquifer.  If that seepage is stopped, then the surface user has a right to damages.

Following this logic, the owner of well C also has the right to damages when his well can no longer pump water.  He is unfortunate enough to live in a location where geology does not provide him with as much water as his neighbor.  As the water table declines, he too is damaged by the actions of his neighbors and himself.  So, those who still have access to the water have an obligation to provide him with compensation. 

Continuing with this logic, well owner A also has a claim for damages.  As the water table continues to decline, he will need to lower his well.  The cost of adding additional sections of pipe to the column is the fault of himself and his neighbors.  This cost should be paid for by all of those who still have access to water.

Eventually, as additional wells go dry, those with water will be unable to compensate all of the people who once had access to water.  When the damage payments to those who have lost their access to water exceeds the ability of those with water to pay, then everyone goes broke and all aquifer use stops. 

This is the policy of the court.  It is the ruling of the Special Master, and it is affirmed by the Supreme Court of the United States .  It is the policy that the Nebraska Department of Natural Resources is charged with enforcing.

The policy assures that everyone who once had water will always have it, or they must receive compensation from those who still have water.

As long as this policy is in place, it is not a matter of if the area will go broke but when.  Irrigation and this policy cannot coexist long-term.