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Kansas Wants Its Water

“We want our water” said Mr. Barfield of the Kansas Department of Agriculture and Manager of Interstate Compact Agreements for Kansas.

“Nothing encourages us about 2007 or the coming years.”

“It is unwise to believe we will discontinue our efforts to get our water.”


Each of these were statements made by Mr. Barfield. The statements contrast sharply with comments made by Ann Bleed of the Nebraska DNR and Jasper Fanning of the Upper Republican NRD. Bleed and Fanning have both said that we should not panic; that we have done much to try and comply and that Kansas has privately indicated that it appreciates what Nebraska has done and that perhaps it will not force the issue.

So why do the Nebraska water officials try to downplay the threat? Nebraska knows that it will fail to comply with the agreement yet chooses to take only symbolic actions. It is almost as if the DNR wants Nebraska to fail. The suggestion is strongly refuted but actions speak much louder than words.

So far Nebraska has done the following things in an attempt to erase the 104,000 acre foot overage. Numbers are benefits in acre feet to Nebraska by the end of 2007.
* CREP/EQIP – 10,000
* Moratorium on wells – 0
* Reduced allocations – 0
* Purchase of surface water – 30,000 ? No official number or estimate

This leaves Nebraska very far out of compliance and with no other announced actions, almost certain to fail. Nor are there any announced or suggested plans that will keep Nebraska in compliance in the future.

So again, why does Nebraska knowingly take insufficient actions?

One theory, and it is only a theory, is that the DNR wants less irrigation in the Republican River Basin but lacks the political strength to cause this to happen. By failing, the issue is turned over to a Federal Judge who then orders what the DNR wants without the DNR taking the blame. The DNR simply points the finger at the judge and lets the Court be the bad guy.

What are some other reasons the DNR might fail to do its job? Incompetence? Indifference? Are these better answers than deliberate inaction?

Not only is the DNR doing nothing that will result in compliance now or the future, it is also discouraging the actions by others that would result in compliance. The NRDs have said they have not pursued inter-basin transfers because the DNR has discouraged them from doing so. The DNR has also refused to release to the public, even after open records requests, estimates of how many wells might need to be shut off in order to achieve compliance. The DNR has only confirmed that all wells would have to be shut off for at least 5 years before we come back into compliance.

Can you think of any other reason for the DNR to not only fail to protect the State but to also obstruct others from doing what is necessary? Please let us know if you can think of a more pleasant answer.

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