WaterClaim

For those of you that enjoy reading legal stuff you migth find the oral arguements between Kansas and Colorado before the US Supreme Court regarding the Arkansas River to be interesting. There are many simularities between the Arkansas and Republican cases. Kansas argued that Colorado should have to stay in compliance each year. Colorado argued that a 10 year average would be much better. The Supreme Court agreed with Colorado.

In the Nebraska/Kansas case, Nebraska ended up agreeing to a 5 year average in normal years and a two or three year average in dry years. Could Nebraska have got 10 years? Perhaps, but we will never know.

Kansas vs Colorado

Posted by Steve Smith at 03:51 PM | Permalink | Comments (0)

At the water conferences we distributed booklets that covered the problem, reviewd the options, and made suggestions. This is a color version of the document which includes a couple of extra charts.

Conference Document (MS Word)

Posted by Steve Smith at 02:22 PM | Permalink | Comments (0)

This is a map showing the area that the DNR says should have its allocation reduced to 2.5 to 5 inches per acre.

View image

Note: It is my understanding that only the NRD has the authority to establish Ground Water Management Area borders. Now, under current law, the DNR can force the issue by taking the NRD to the Interrelated Water Review Board. The IWRB then determines whose borders to use. The NRDs do not trust the IWRB because it is the Governor that chooses who will sit on the Board.

Posted by Steve Smith at 08:01 PM | Permalink | Comments (0)

On an icy night in Holdrege, 55 people participated in a water conference hosted by WaterClaim. Four of the people in attendance were WaterClaim members. The cost to attend the conference was $100. According to Steve Smith, director of WaterClaim, the reason for the fee was to encourage only those who were serious about finding solutions. Four State Senators were in attendance, with another two unable to attend because of closed roads. Senators Flood, Christensen, Carlson, and Wightman participated and expressed their desire to help resolve the water issue. Each indicated that it would be necessary to communicate the needs of the Republican and Platte River Basins to the people who live in the urban areas.

On Friday, December 15, in McCook, Governor Heineman and Ann Bleed, with the Department of Natural Resources, laid out some ideas of what it would take for the Republican River Basin to comply via reducing allocations and shutting down wells. There are 1.2 million irrigated acres in the Republican River Basin. Of those, 334,000 are within 2.5 miles of either side of the stream and are called Quick Response wells. Ann Bleed told the audience in McCook that if the allocation on the Quick Response wells was reduced to about 2.5 to 5 inches a year for five years, Nebraska would begin to comply with the annual requirements of its agreement with Kansas.

Steve Smith estimates that, on the day of the State’s announcement in McCook, the Republican River Basin saw a loss of property values of around $260 million dollars because no one would be willing to purchase Quick Response acres at last week’s prices. He also indicated that there are ten ethanol plants already built or announced for the Republican River Basin. Of those, five appear that they would get most of their corn from Quick Response land. If the Quick Response land loses most of its water allocation, then it will be difficult for those five ethanol plants to be successful. Each of those costs about $160 million to build. Overall, Smith estimates that if the State’s suggestion happens, about 1,900 jobs will be lost from the Basin.

On the Thursday meeting in Holdrege, WaterClaim detailed another way of complying with the requirements of the Settlement Agreement with Kansas. WaterClaim said that all of the irrigation wells could continue to operate at their current allocation if the water supply were increased by bringing water into the Basin.

WaterClaim suggested importing 25,000 acre feet of water each year and that, if the infrastructure were paid for, this could be done for as little as $5 million a year. The water would be moved from the Platte River Basin near Bertrand south via Spring Creek to Harlan County Reservoir.

“With this positive and productive mechanism toward yearly compliance in place as well as future seed enhancements and farming methods that will allow a farmer to grow crops with less water, Nebraska will be able to keep our region strong and economically viable,” said Senator Mark Christensen.

WaterClaim distributed a survey to the attendees and asked how they would answer the policy decisions that must be made.

Survey highlights:
* Half of the attendees own land that is within 2.5 miles of the stream.
* 81% believe the best way to resolve the problem is to import water and manage trees.
* 91% believe policy should be set locally.
* 100% believe land owners should be compensated for a loss of access to water.
* 74% believe businesses should be compensated for community losses.
* 67% believe the compensation should come from a combination of local and State funding sources.
* 60% believe the local funding should be based on property taxes.
* 62% believe the allocation should be the same for everyone, regardless of distance from the stream. (72% of the QR landowners feel this way, and 50% of those without QR land feel this way).
* 91% feel that this is a community problem and that everyone should participate in the financial costs of solving the problem.

WaterClaim is also tracking water legislation that Senator Mark Christensen has said he will introduce as his priority bill in the Legislature. The primary feature of the Legislation is the establishment of a water authority that is responsible for setting the quantity of water each existing regulatory agency is responsible for managing. Senator Christensen says that, “currently the DNR and the NRDs are each doing their best; but when it isn’t enough, someone has to decide how to comply. The River Basin authority would be authorized to do things than any one agency cannot do.”

You can review the meeting reports and draft legislation on the WaterClaim web site at www.waterclaim.org.

WaterClaim is a non-profit water policy research and education group. It has been advocating solving water problems not by shutting off wells and communities but by increasing the water supply.

Posted by Steve Smith at 07:52 PM | Permalink | Comments (0)

MCCOOK MEETING -- Cancelled.

HOLDREGE MEETING -- We will hold the meeting

6:00 PM Holdrege
Super 8

Look at the links to the right for details.

Holdrege weather

Posted by Steve Smith at 07:02 AM | Permalink | Comments (0)

(Governor’s Press Release) Gov. Dave Heineman has received five applications from people seeking to serve as the director of the Nebraska Department of Natural Resources (DNR).

Current Interim DNR Director Ann Bleed of Lincoln is among those who have applied for the post, along with Patrick Diederich of Lincoln, Dennis Grams of Lincoln, Darla Juhl of Stockton, Kan., and Terry Kubicek of Lincoln.

The Governor plans to review the applications in the coming days and begin the process for selecting which candidates to interview. Gov. Heineman hopes to announce the appointment of a DNR director in the coming weeks.

State law requires the DNR director to be a professional engineer with at least five years of experience in irrigation-related work.

Posted by Steve Smith at 12:41 PM | Permalink | Comments (0)

If you shut off a group of irrigation wells in the Republican River Basin how much water ends up in the stream and when does it happen?

Since the State's announcement that it suggests a 15% reduction in allocation for upland wells and a 50% reduction in pumping for Quick Response wells (which works out to be an 80% reduction in allocation) a lot of farmers have begun to take an interest in how the Model works. Most of the Quick Response landowners believe that everyone should have the same allocation regardless of where the land is. As Ann Bleed, with the DNR, said, setting the allocation differently for those that live close to the stream isn't fair but it is legal and it provides the fastest results.

This graph shows what the Model says the benefits to the stream are if wells are shut off. The results are, acre feet in stream after x years if y number of irrigated acres are shut off.

View table

WaterClaim believes it is important to protect the allocations of every irrigator, regardless of their proximity to the stream. There are several reasons for this.

1. The definition of Quick Response is arbitrary. About a year ago the definition of close was about one mile either side of the stream. Then one morning we woke up and the DNR had decided that the definition was 2.5 miles either side of the center of the stream. There is nothing to stop the DNR from deciding it should be 3 miles or 5 miles or anything else it wants.

2. Shutting off irrigation wells destroys the economy of the community.

WaterClaim sees water imports as the only way to avoid the shutdown of some or all irrigation wells in the Basin. Water imports permit all irrigation wells to continue to operate at current allocations. Water imports are far less expensive than any other option. Water imports keep all communities alive and keeps their economies working. If we dont' import water then the Governor's suggestion that we cut allocations by 15% to 80% will happen.

Posted by Steve Smith at 08:30 AM | Permalink | Comments (0)

Don't forget to register for the WaterClaim water conferences. See details on the right.

Posted by Steve Smith at 11:58 PM | Permalink | Comments (0)

A couple of maps to show who gets hurt.

WaterClaim Analysis

Posted by Steve Smith at 11:35 PM | Permalink | Comments (0)

It is interesting to compare various media operations and how they report the story. There is a significant difference in quality. You can read the summary of what each person said on the WaterClaim site and then compare that to how each media outlet reported it so you can see what the media chose to report and to ignore. There will be several more reports posted over the next week. But this is what exists so far.

WaterClaim A person by person summary of statements made

McCook Gazette Of the stories posted, Connie Jo Discoe's gives the best summary of the events.

NET Radio Covers the keys points in 120 seconds

Omaha World Herald Registration required. Story does not include the reaction of most of the attendees.

AP by Nate Jenkins carried by multiple publications

KHAS TV Fails to report most of the story

Posted by Steve Smith at 05:12 PM | Permalink | Comments (0)

Suggested allocations

URNRD upland 11.3 QR 2.8 to 5.7
MRNRD upland 9.0 QR 2.7 to 5.3
LRNRD upland 9.6 QR 2.4 to 4.8

Senator Tom Hanson from North Platte says

This solution will take out the dark hairs (meaning the younger generation)
COOPs will die
Schools will die
These communities are fragile
Cities are the eaters and we are the producers
Ethanol dependent on water
Important that things done right on the Republican because the Platte will be next
Don’t cut Agriculture’s throat

December 15, 2006 McCook

Governor Heineman opened the meeting by saying:

Consumptive Use (CU) is a factor as is the drought
We need to find a solution within a sustainable framework
It is a priority to work with NRDs
State should not pay all bill, the NRDs share in the responsibility
We must lower our CU
We should have the shared goal of lower CU.
Some say, can’t we just give KS money? No, they want water
Our early estimates show we may be over our allocation by 200,000 AF by the end of 2007
We need to focus on hitting our annual target each year.
It will be painful but we must reduce CU.
What does it take to be in compliance?
I have asked the DNR to answer
It requires a combination of tools
Vegetation management
Bureau of Reclamation is working to find best use of surface water
CREP
Challenges are in all parts of the State
962 is a good bill
We purchased surface water
The hearings on the Platte River helped everyone understand the issues
Drought and the increase in acres cause of the problems
Want UNL to help with research
Working with pivot companies to help reduce CU
Funding is critical – and the funding need will be reflected in the budget request
Wants decisions made by local government
Other NRDs and other throughout the State don’t believe the State should pay
The issue affects the entire State – I will argue that the State should pay some.
But State will not pay 100% of the solution
I believe the State should establish a Water Cash Fund
For LB 962, Platte River, and Republican River needs
The money should come from General Fund dollars
The NRDs must match by regulating more.

Ann Bleed
I have been asked to provide possible solution to bring the Basin into compliance within 5 years
We are looking at both long term and 3 years
Solutions included increased regulation on both surface and groundwater
The plan assumes the worst case scenario of a 200,000 AF allocation which is what it has about been for the last two years.
Suggests as an idea to consider
15% reduction in upland pumping
50% reduction in quick response pumping
This would result in compliance in about 5 years.
The NRDs preferred to reduce the allocations instead of the irrigated acres
Reduction is adjusted to need – less in the east and more in the west.

Suggested allocations

URNRD upland 11.3 QR 2.8 to 5.7 20% of acres are QR
MRNRD upland 9.0 QR 2.7 to 5.3 35% of acres are QR
LRNRD upland 9.6 QR 2.4 to 4.8 42% of acres are QR

(the % of land that is QR is my editorial note)

Questions from NRDs, senators, irrigations districts

Mark Christensen –
There are more solutions than the State is looking at
Have you considered shutting off QR acres and allowing the wells to be redrilled in upland areas?

Ann Bleed – That buys time

Mark Christensen – Drought tolerant corn
Ann Bleed – UNL is researching this as a possible help

Dan Smith – You mentioned funding – how much?

Governor Heineman – Looking at a 10 to 15 year budget needs. Should come out of General Funds. Will put in budget by mid-January

Nelson Trambly – Quick math. Dry land worth $800 an acre. Wet is worth $2,100 an acre = property valuation loss of 143 million. The trip to Cuba to get a few sales isn’t much compared to this.

Governor Heineman – Other groups are looking for money too. K through 12 is looking for a 6% to 8% increase in funding.

Mike Clements – How much money do you plant to budget?

Governor Heineman – Will have an answer by January 11 at the State of the State

Jerry Mustion – LB 217 passed in 1978 says “you cannot differentiate between alluvial and upland wells”

Dave Cookson – short answer is yes we can. The laws have been modified since 1978 and now permit that to happen. 46-739

Dan Smith – We don’t have as much money as the Platte. A $0.01 cent increase gives us less than $500,000.

Governor Heineman – We have to look at the entire State. It is critical that the rest of the State is educated as to what the need is.

Ann Bleed – State uses a 5 year average because that is what the Settlement Agreement uses.

Jerry Mustion – Does the Settlement take droughts into consideration?

Ann Bleed – Yes – but no one expected it to be this dry.
The reductions we are considering would bring the State into compliance in 5 years.
It includes CREP producing 5,100 AF benefit
If all 70,000 acres of CREP are enrolled then another 8,200 AF
Reduce phreatophytes by 10% would help the river by another 10,000 after 5 years

? - How much of today’s CU is due to the pumping prior to 2000?

Ann Bleed – 1943 compact was not changed by Settlement. Depletions prior to 2002 that occurred from pumping prior to 2002 were waived but depletions from pumping prior to 2002 but which occur now from that prior pumping do count against us.

Brad Wolf LR – We need a moratorium on the rest of the State because this will help the Republican River Basin

Ann Bleed – Pumping outside of the Republican River Basin has an extremely minimal effect on the Republican River Basin. There are other reasons for a moratorium though.

Jeff Wallin – Compliance doesn’t happen for 5 years under your proposal. What happens within those 5 years. What penalty and who pays?

Ann Bleed – If we show KS that we are serious about doing something then perhaps KS will be nice.

Governor Heineman – If we make a good faith effort by making the types of reductions suggested then I am willing to go to KS and ask them to do the honorable thing. If we don’t make this good faith efforts then KS will probably ignore our requests. KS wants the water not the money.

Mike Clements – What is the DNR position on augmentation

Ann Bleed – DNR will work with the NRDs to help. There are legal difficulties with the Settlement though

Tom Baker – Senator Janson opposed the $0.03 cent levy Post 2001 wells can be treated differently. Should retire some surface irrigation districts.

Mark Christensen –
Water is the #1 issue
2 to 4 inch allocation will mean bankruptcy
All my land is QR
CREP – grass uses as much water as corn
CPRE land should have no plants on it.
Trees have spread
Transfers are necessary
Soil type matters

Tom Hanson
This solution will take out the dark hairs (meaning the younger generation)
COOPs will die
Schools will die
These communities are fragile
Cities are the eaters and we are the producers
Ethanol dependent on water
Important that things done right on the Republican because the Platte will be next
Don’t cut Agriculture’s throat

Tom Carlson
Want rural NE to survive and thrive.
Need to multiple the number of taxpayers by bring people into the State
At first alarmed by the Governors proposal but then began to see some light
Problem is not enough flow in the river
We must deliver water to KS
Invasive species are a problem
All NE wants rivers flows returned
Want 3 year plan to clear invasive species on Republican
“I like the idea of reducing allocations and not reducing acres.” [that is not a typo]
We need to deliver grain to ethanol plants

Nelson Trambly - When people tell you they don’t understand why help. Tell Omaha and Lincoln that they have to put 20% of their inventory in storage and not be able to use it.

Lunch Break

Jasper Fanning – Upper
The proposal today was 100% regulation
Unfair regulation
This is something that we cannot live with
Economy is fragile, more fragile than the aquifer
The economy cannot withstand big swings like the aquifer can
Augmentation needs to be looked at

Mike Clements - Lower
Unacceptable
Perhaps we should consider compensated regulation
Look at augmentation
Ethanol plants very concerned
Will have a devastating effect on the economy
Need to take another look at this
Want to work with Governor
But must come up with a more comprehensive/holistic approach

Brad Lundeen for Tri
Manager home sick like most of the of us in this room
Tri has put a moratorium on all well in district

Ann Bleed
This is not a plan. This is a report of what it takes if we comply via regulation
We must do what we can to reduce regulation via voluntary reduced use and augmentation

Mark Christensen
The Republican River Basin lost around $260 to $300 million dollars today with this announcement.
No one will purchase QR land now until the issue is resolved at more than premium dry land rates.
This will devastate our schools and counties

Mike Clements – When do you want to do this?

Ann Bleed
2007 allocations stay the same
In August of 2007 we take the idea to KS and ask say if we do this will you accept it
This would then be for 2008 and on

Mike Clements – If we retired acres instead of reducing allocations how many acrea?

Ann Bleed – Don’t know but easy to compute. Or we could reduce use on post 2001 wells

Jasper Fanning – Why is there a range in the QR allocations?

Mike Thompson for DNR – Range because we had a range of number for acres

? – The reductions you suggest are closer to an 80% reduction not the 50% you are saying

Ann Bleed – That is because it is a 50% reduction in volume pumped but when you spread that out over a larger set of acres then it results in the 80% reduction on a per acre basis. But it is still a 50% reduction in pumping.

Dan Smith – You have good acre numbers

Ann Bleed – There is a question on that

Dan Smith – I don’t like that thought

[Steve Smith editorial note, apparently the high end range of the QR allocations suggested are based on the old NASS acre numbers that the DNR used to use. If however, they use the acres the NRDs have certified this year then the low end of the range would apply. The reason to provide the range is because the DNR is questioning the NRD acre certifications and perhaps to make the 2.5 inches or so sound less bad.]

Matt Harrison – Governor you have said that Nebraska will soon out produce IL in ethanol production. How given your proposal?

Governor Heineman – We will. In spite of the reductions we can still out grow IL in ethanol production.

Matt Harrison –
The severest cuts are in the QR areas
There has been no new development in QR in my area [lower republican below Harlan Dam]
Why cut my area
Ann you said that 15% of the depletions to the stream were caused by groundwater at another conference so why groundwater making all cuts

Ann Bleed
I have said as much as 75% of the depletions to the stream are caused by conservation. But we don’t know that for sure
The effects of conservation are unknown
There are no serious discussion of regulating conservation
Perhaps we eliminate post 2001 wells
QR regulation is not fair but it is legal and it is fast
I favor a water use fee that taxes everyone to help compensate the QR for their loss

Matt Harrison - This isn’t fair

Ann Bleed – What should we do?

Matt Harrison – Transfers into the Basin

Ann Bleed – To do transfers we have to convince the source Basin. We have to do something.

Tom Carlson –
We should set a basin-wide 9.5 inch allocation and then everyone should volunteer to give another half inch.
That creates a 9.0 inch allocation
We then pump 50,000 AF into the river

Russ Pankonin – Governor – Do you support water transfers?

Governor Heineman – I keep an open mind. I know Mark Christensen is introducing a water bill. We will see if he can get 25 votes.

Benjie Loomis – Conservation is good but has a significant effect. Are you seeking federal funds to help?

Governor Heineman – Yes, we are looking into it.

Questions from the audience

Claude Cappel –
QR wells make up a large percent of the wells in the Middle Republican.
All should share the same allocation
Allow people to buy and sell water
Can’t allow upland wells to only take a 15% reduction or all QR will soon be shut off
Everyone should share the same allocation

Don Adams
In the 1980’s corporate Omaha had problems.
Enron left
UP threatened to leave
ConAgra threatened to leave
Omaha chamber called for help
Got LB775 which is a massive corporate tax break
Well over a billion in forgone taxes
Omaha now flourishing
80 to 90% of the benefit of LB775 is for Omaha and Lincoln
Rural senators voted for the bill because urban needed it
State found 150 million for Low Level Radioactive Waste
Not fair to devastate rural Nebraska and NRDs
Where is the education lobby?
Water policy with the Cooperative agreement on the Platte and now with this plan on the Republican will kill ethanol

Dale Helms
Canal water user and crop insurance salesman
Lost acres to CREP – 25,000 to 30,000 in premiums
Reds should step up and help because of dams and conservation

Roger Girdle –
Everyone has to be treated equal
Agree with Claude Cappel
QR and upland, cut both equally
QR hear longest and operates the cheapest
State is responsible and has known for a long time
Willing to pay $10 to $20 an acre to solve problem, State should match

Governor Heineman
Thank you for being here
I am the Governor and will not blame previous administrations
Major issues
Ethanol
Water
High taxes

Notes taken by

Steve Smith, Director
WaterClaim
PO Box 698
Imperial, NE 69033
308 882 3020
www.waterclaim.org

"The one who says it cannot be done should never interrupt the one who is doing it."

Posted by Steve Smith at 07:48 PM | Permalink | Comments (1) | TrackBacks (1)

This is a summary of the Governor's presentation to the Water Round Table in Lincoln on December 13th. He references both the Republican River Basin and the Platte River Basin

There are too many irrigated acres
Even if drought disappears problem remains
Ethanol subsidy commitment is under-funded by about $80 million
Taxes are too high
Will work with NRDs
Must lower consumptive use
IMPs must focus on future and quit playing blame game
Republican River Basin Compact does not allow exit or ability to ignore
Expects 200,000 AF overage at the end of 2007
2003 was the last year the State was in compliance

Solutions
Vegetation
CREP/EQIP
Limit to Sustainable
Decrease consumptive use

Committed to 962
Must work together
Asked UNL to find best use of water
Will veto any dedicated sales tax
No money for compliance unless it is taken from schools or Medicaid
To keep young people – must lower taxes and control spending
423 will come back if we don't control spending
No funding to share but won't ignore problems
80% of pop lives on 20% of land mass

Posted by Steve Smith at 09:36 AM | Permalink | Comments (0)

On December 15, Governor Heineman, the DNR, all of the Republican River Basin NRD board members and managers, are likely to be in attendance at a water meeting in McCook. The Governor has the floor beginning at 10:00 AM until about 2:00 PM, central time. It is a public meeting. It will be held at the Republican Valley Event Center, (old Elk’s Club) at 905 7th St. E, McCook. MAP

There will be enough people in attendance that the audience will be allowed very limited if any participation.

The purpose of the meetings is for the elected officials to discuss possible solutions to the Republican River Basin water issue. It is hoped that the Governor will reveal his suggestions on how to solve the problem. At minimum, he is expected to listen to ideas from the NRDs.

Dan Smith, manager of the Middle Republican NRD appears to be acting as host for the event. His number is 308 367-4281

Posted by Steve Smith at 01:09 PM | Permalink | Comments (0)

WaterClaim will host a series of water conferences.

Senators Christensen, Hansen, and Wightman will be in attendance
at one site or more; others also invited and will attend.

Help us formulate water policy recommendations.

Any potential legislation must be introduced within the 1st ten days of the new Legislative session.

That means the ideas must be formulated before the end of the year, and if we are to be successful in seeing them implemented in time to protect ourselves from a Federal judge, we need to act quickly.

The primary questions are:
How will we comply with the Kansas Agreement?
Who will pay and how will they pay?

If you would like to help create policy recommendations that our senators consider and we lobby for, please join us at one of the locations listed below.

Pre-registration: $100 per person - by Dec 18 – to WaterClaim
Pay at the door: $140 per person

The money is for costs of the conference and for water information materials.
WaterClaim members receive a 50% discount.
One registration fee pays for entrance into all three events.

WaterClaim is a non-profit organization dedicated to water research and education.
WaterClaim, PO Box 698, Imperial, NE 69033, Phone 308 882-3020

Please make checks payable to WaterClaim and indicate in the memo which communities you will attend.

Imperial December 20, 2006 7:00 PM MT Imperial Inn – Hwy 61 and 12th St.
McCook Please join us at Imperial or Holdrege
Holdrege December 21, 2006 6:00 PM CT Super 8 – 420 Broadway St.

Expected meeting length: three hours.
More information, storm dates, and registration forms available at www.waterclaim.org

Posted by Steve Smith at 08:47 PM | Permalink | Comments (0)