Politically Unacceptable
Jasper Fanning says that the water transfers proposed by WaterClaim may be politically unacceptable. But what is the alternative? The other option is telling landowners they have to shut off irrigation wells. That, too, may be politically unacceptable. So, what happens when all of the options are unacceptable? Politicians wait and let someone else make the decision.
Even the DNR admits that shutting off all of the irrigation wells will not solve the problem. That means proposals to reduce usage by 5% or 15% won't solve the problem either. So, why suggest the symbolic gestures of reduction? They hope that such sacrifices make it look like we are trying. The politicians have decided that, since moving water or shutting off water will offend too many people, they will simply put on a good show and hope that Kansas has mercy.
You will notice the DNR has gone from saying, "Nebraska will not fail; it is too expensive" to "the drought makes it very difficult to comply, and Kansas appreciates our efforts."
However, Kansas says something a bit different than what the Nebraska politicians wish they would. Kansas says it appreciates Nebraska's efforts to date, but that it expects Nebraska to fully comply and honor the Agreement. In 2005, Kansas received $34 million from Colorado in settlement over a similar river dispute. Kansas has said it will use most of that money to pay the legal bills in other water disputes. The only other
ongoing water dispute is with Nebraska.
In other words, politicians hate to make controversial decisions. If the public is divided on an issue, you can usually count on a politician to do nothing while saying they are working hard to find a solution. In effect, they put off the decision until someone forces the issue.
In this case, that means a Federal judge appointed by the US Supreme Court. That will probably happen in 2009 or 2010. At that point in time, a judge will take control of Nebraska water policy because the DNR and the NRDs failed to resolve the issue. The judge will get to be the bad guy while all of the politicians that did nothing will point the finger at the judge.
One person from somewhere outside of Nebraska with perhaps no familiarity with Nebraska water issues will make the hard decisions. He will be the one who orders the shutdown of irrigation wells. Do you want to bet your net worth on which wells he chooses and who, if anyone, he will decide should pay the bill? Our current NRD and the State apparently believe this is more politically acceptable than importing water into the Basin. If we want politicians to act, the politician has to believe they will lose the next election if they don’t act.