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May 31, 2007

Choping Down Trees

First let me say that the trees on the Republican River do need to be managed. There is a very big need to remove much of the overgrowth. Before that happens, I think it would be very wise of the NRDs to think long and hard before that take on the responsibility of removing that vegetation. However, it appears that the NRDs are eager to not only manage tree removal but to pay for it with taxes on groundwater irrigators.

The Bureau of Reclamation did a study that reported that the trees exist because the dams were put in and stopped the floods. They didn't mention prairie fires also being eliminated but between the elimination of floods and fires, the trees took off and now overwhelm the river.

LB 701 provides $2 million dollars in 2007 and another $2 million in 2008 of State money for doing vegetation management studies. Only weed management entities and NRDs can apply for the vegetation removal grants and they must contribute 40% in matching funds. While I am all in favor of managing trees, I am concerned about the NRDs choosing to accept financial responsibility for managing what will be a multi-decade and multi-million dollar solution with no end in sight. My napkin method of estimating the cost of removing enough trees to do what is necessary is about $100 million over the next 10 years.

LB 701 does not obligate the NRDs to accept the responsibility for something they did not cause. Before they take that responsibility, I encourage them to look very closely at what the costs to the local tax payers will be, especially when the State funding disappears in two years. Measure that against the benefits of cleaning up a problem caused by someone other than the NRDs. Perhaps it is worth it but I suspect that our current NRDs boards are making some commitments that are going to haunt us in the future.

What happens if the NRDs don’t apply for the grant from the State? Nothing. Is that a good thing? Or are we better off establishing the idea that the NRDs should use taxes from groundwater irrigators to remove trees along the river?

LINCOLN - Nebraska Agriculture Director Greg Ibach today announced that the Department is accepting grant proposals to address riparian vegetation overgrowth in the Republican River Basin. The Riparian Vegetation Management Grant Program was created in LB 701, the comprehensive water legislation signed into law earlier this month by Governor Dave Heineman.

"We will be accepting grant applications through July 1 and intend to make the grant awards in a timely fashion so that successful applicants can begin vegetation management projects yet this year," Ibach said.

The legislation designated the Nebraska Department of Agriculture (NDA) as manager of the grant program because of the Department's regulatory role with the state's noxious weed program.

According to LB 701, grant funds can only be disbursed to weed management entities, local weed control authorities and natural resources districts whose territory includes Department of Natural Resources-designated fully or over-appropriated basins. The legislation prioritized this year's funding for projects within the Republican River Basin.

Ibach encouraged entities that meet the qualifications to collaborate on proposals.

"We are looking for projects that meet the legislative goals of using integrated vegetation management and sound science," Ibach said.

An electronic version of the grant application can be accessed at the NDA web site, www.agr.ne.gov, under the "What's New Around the Department?" section. For additional information, interested parties can contact Rich Reiman or Mitch Coffin at NDA by calling 877-800-4080 or (402) 471-2394.

May 30, 2007

Terraces by Thoms

Chris Thom has sent out an email showing the effects of terraces. This is the spring overflight.

A winter overflight can be seen at this previous post.

A thank you to the Thoms of T&L Irrigation for providing the images that speak much louder than words.

May 29, 2007

MRNRD Comments on Water

The McCook Gazette carries a letter to the editor from Dan Smith, manager of the Middle Republican NRD

May 24, 2007

Bostwick Purchase

The Beatrice Sun is reporting that the State is offering Bostwick Irrigation District $5.6 million dollars to not irrigate with surface water. Those with both groundwater and surface water will be able to continue to irrigate with the groundwater for 2007. If another deal is made in 2008, the new law would prohibit the irrigation via any method if the surface water was purchased. The NRDs oppose this clause in the law because they believe it will raise the price of water.

The price paid per acre foot of water is twice as much in 2007 as compared to 2006. $320 an acre foot as compared to $167 an acre foot last year. As the NRDs and DNR have chosen to ignore any alternative ways of staying in compliance the surface irrigation districts are in a position to set the price at whatever rate they please. The only risk they run by setting too high of a price is that the NRDs choose not to pay and hence running the risk that the State will fail to comply and that they would be shut off. So far, the NRDs have indicated that they are willing to pay much more than the surface irrigation districts are demanding.

The surface irrigators don't want to make a permanent sale and hence kill their golden goose. The State doesn't want to force the sale. As a result the NRDs will pick up the check for whatever the surface irrigators decide to set the price of water at. The NRDs have the authority to raise much more money than what is required by the surface irrigators at this time meaning that they can set the rate higher next year if more water is needed and there is little the groundwater irrigator can do other than pay.

Beatrice Sun story

May 23, 2007

Bonny Reservoir

A story out of the Denver Post about how Colorado plans to comply.

The Rocky Mountain News reports the same story but one could get a very different impression of the same facts.

May 15, 2007

Niobrara Water Rights

Nebraska Public Radio story on Niobrara water rights.

May 10, 2007

Vegetation Task Force

LB 701 creates a vegetation management task force. The task force will set policy on how vegetation is managed in the Republican and Platte river basins. They will determine which plants are removed, how they are removed, and how much is paid to remove them. If you want to be one of the decision makers, you should apply for a seat on the task force.

Governor Heineman Press Release

Gov. Heineman Seeks Applicants for Vegetation Management Task Force

(Lincoln, Neb.) Gov. Dave Heineman is seeking qualified applicants to serve on the Riparian Vegetation Management Task Force, which was created by LB 701, the comprehensive water legislation that was recently signed into law.

The bill directs the task force to develop and prioritize vegetation management goals for the state and analyze the costs of vegetation removal or treatment options.

“This task force will play an important role in the overall management of our water resources,” Gov. Heineman said. “The group will set objectives that help water users deal with invasive plants in an effort to improve river flow in our fully and over appropriated basins.”

The bill calls for three of the seats on the task force to be filled by a riparian landowner from each of Nebraska’s three congressional districts. It also will include a representative of surface water projects along each of the state’s fully or over appropriated river basins, which includes the Platte, Republican and Upper Niobrara River Basins.

These six individuals will join representatives of the Nebraska Association of Resources Districts, Nebraska Environmental Trust, Nebraska Weed Control Association, and the University of Nebraska, along with representatives from several state agencies and the Legislature.

Individuals interested in the serving on the Riparian Vegetation Management Task Force should send a cover letter, resume and completed application form to Peggy King in the Governor’s Office, at P.O. Box 94848, Lincoln, NE 68509. The application form is available on the Governor’s Web site at http://www.gov.state.ne.us or can be requested by calling the Governor’s Office.

Applications will be accepted through the end of the day on Thursday, May 24. Gov. Heineman may also choose to seek out additional qualified candidates. The names of those submitting formal applications will be made public. Anyone with questions about the task force may call the Governor’s Office at (402) 471-2244.

Middle Republican NRD Report

McCook Gazette report on Middle Republican NRD board meeting

May 08, 2007

US House Passes RRB Study Act

H.R. 1025: Lower Republican River Basin Study Act

A bill originally introduced by Tom Osborne, then carried by Jerry Moran and cosponsored by Adrian Smith.

To authorize the Secretary of the Interior to conduct a study to determine the feasibility of implementing a water supply and conservation project to improve water supply reliability, increase the capacity of water storage, and improve water management efficiency in the Republican River Basin between Harlan County Lake in Nebraska and Milford Lake in Kansas.

Market Reaction to LB 701

What I think the market in the Republican River Basin will do in reaction to LB 701.

Report

May 06, 2007

Surface Water Lease Details


Web page with details of surface water lease

May 05, 2007

How Colorado Complies

Ag Journal Story on Colorado plans. It appears that Colorado is hoping for more time and that more people might sign up for CREP and EQIP. There is nothing in the story that suggests that Colorado has any realistic plans on how comply. Reducing pumping in Colorado works the same way as it does in Nebraska. It will not result in compliance. WaterClaim has posted multiple reports showing that a change in pumping is of very little benefit. There seems to be a lack of comprehension of how the computer simulation works that controls the entire thing. Because it is complicated, too many pubic officials have ignored their responsibility to become experts on behalf of the people they represent.

Colorado regulators might want to review the HINDERLIDER v. LA PLATA RIVER & CHERRY CREEK DITCH CO., 304 U.S. case.

I expect that Colorado will do what Nebraska is doing. Take all available surface water and put it in the stream. That means draining Bonny Reservoir. The Hinderlider case demonstrates that can be done without compensation.

May 02, 2007

Water Wars on the Niobrara

NPPD exercises its senior water rights on the Niobrara and plans to sell the water to irrigators.

Omaha World Herald Story

Colorado May Drain Bonny Reservoir

It looks like Colorado may take the same approach as Nebraska to satisfy Kansas.

Denver Post story

I find it strange that policy makers prefer to take the drastic actions they are rather than take a look at a couple of problems we have found in the Model or to import water.

A study of why our water policy makers all chose to jump off the cliff when other options were available should be an interesting read for a future generation that wants to avoid the same mistakes this one is making.

Governor's Press Release on 701

Gov. Heineman Signs Landmark Water Legislation Into Law

(Lincoln, Neb.) Gov. Dave Heineman signed LB 701 into law today, which provides for the funding of the state’s water-related priorities and includes the creation of a Water Resources Cash Fund (WRCF).

“LB 701 will help our state make substantial progress in our goal of achieving sustainable water use throughout Nebraska,” Gov. Heineman said. “I want to applaud the work of our State Senators, in particular the leadership of Speaker Mike Flood, Senator Mark Christensen and Senator LeRoy Louden. This bill addresses both our short-term issues in the Republican River Basin and creates a framework for addressing our long-term water challenges.

“By ensuring that our state has the funding necessary to devote to programs that will better manage our water supply, all those involved in supporting this legislation have put the best interests of our state first. This is vital legislation that will help us to become better stewards of our state’s most valuable natural resource.”

Originally introduced by Sen. Mark Christensen of Imperial, LB 701 became the main vehicle for addressing water policy issues during the 2007 session. It contains an emergency clause and takes effect immediately.

The Governor proposed the creation of the WRCF in his state-of-the-state address and outlined a funding proposal in the budget recommendations he submitted to the Legislature. Money dispersed from the fund will be used to help the state continue to comply with interstate compacts and agreements, and reduce consumptive water use in areas declared to be fully or over appropriated.

Ann Bleed, director of the Nebraska Department of Natural Resources (DNR), said, “LB 701 provides both the state and Nebraska’s Natural Resources Districts with the valuable tools needed to help meet our interstate responsibilities and provide some assistance to our affected basins as they struggle to reduce the use of water.”

As created by LB 701, the fund will draw on contributions from several sources, including an annual contribution of $2.7 million in state General Funds from FY 2007-08 through FY 2018-19. An additional $3 million in General Funds will be allocated to DNR for distribution to Natural Resources Districts (NRD’s) for regulatory activities in each year of the next biennium, and the Governor has requested an annual contribution from the Nebraska Environment Trust of $300,000. Any federal funds the state receives for water conservation projects will also be directed to the fund.

In addition, the fund will receive deposits beginning in FY 2011-12 from revenue generated by a three-fifths per cent check-off on corn and grain sorghum, through FY 2018-19. The WRCF will be administered by DNR, with NRD’s contributing a 40 percent match to state funds dispersed through the WRCF.

To address short-term water challenges, the bill provides $3 million for DNR to negotiate a one-year lease of surface water rights in the Bostwick Irrigation District to help the state comply with the Republican River Basin Interstate Compact.

Sen. Christensen said, “I’m glad to see LB 701 pass and I’m thankful for the Governor’s support. The Legislature is finally taking steps that will give Nebraska a fighting chance at compliance with the Republican River Compact, and I am confident that we can make positive steps forward with the local control, oversight and reporting found in this bill.”

The bill also provides $2 million to begin a vegetation removal program in fully and over appropriated areas of the state, and gives bonding authority to NRD’s in fully and over appropriated regions in order to provide funding needed to meet consumptive use targets through 2012. Bonds would be paid off through fees or taxes levied by local NRD’s.

Speaker Mike Flood said, “This bill represents a thoughtful, comprehensive approach to water policy in Nebraska. Difficult problems don’t have easy solutions. I am proud to have worked closely with Senators committed to protecting our state’s resources.”

May 01, 2007

3000 Colorado Wells

Nearly 3,000 Colorado wells turned fully off or partially off by the state in the last year.

9News Article

701 Becomes Law

Heineman to Sign Christensen Tax Increase Today, May 1

This headline came from a web site controlled by Senator Christensen's opponent in the election. Keep that in mind when you read the comments. Even so, what it says is accurate.

swnber.net