The State has indicated that it is secretly working with the NRDs to come up with a response to the arbitrator’s ruling regarding the Republican River Basin.
The preferences are augmentation plans that are very similar to what WaterClaim has been suggesting for years, surface water purchases, and land retirement programs. If there is not enough money to do these programs, then the State has asked (required) the NRDs to include what are called “red box” clauses. These would require the NRDs to agree to shut off irrigation wells close to the stream in water short years.
The problem is that there is no money. Senators Carlson, Christensen, and Hanson have said they are unable to persuade 26 senators to provide any money for the area or to let the area tax itself. It is the legislature that disburses the money and sets the rules. I believe that a senator with enough determination can cause his fellow senators to provide a solution. Granted, it won’t be easy with the Governor making things difficult. But, it should be doable.
The Governor seems to want the problem to go away without the use of State money or any new taxes being created on his watch. If he gets his way, then the only alternative is the shutdown of irrigation for some, without compensation.
The politicians ask you to lobby the senators and Governor to support the occupation tax. However, the issue is being decided now by the Courts, not the politicians. Their request asks you to focus on the wrong thing.
The occupation tax has two problems. It targets a small group for the benefit of the State, and the tax is a form of a property tax, which cannot be collected for State purposes. It is my opinion that the Court will void the tax and, hence, there is no money, given the Governor’s position and the inability or unwillingness of the Senators to provide an alternative. The arguments on the occupation tax start in December 2009 with any decision expected to be appealed and hence take several years before it is resolved. In the meantime fingers point and no real solution is put in place.
No cash means the only thing left on the list is a shut down of some of the wells.
If the State follows its usual pattern, you can expect a reduction in the number of acres that they will ask to have shut off. Instead of the 334,000 acres they previously threatened, expect perhaps half that to be required. “Instead of asking you to cut off both legs, we will only ask for one leg. Isn’t that much better?”
Do we rush to accept the new offer, thinking how much worse it could have been? Do we sacrifice the people along the rivers and streams, saying that, “but for the grace of the State, there goes I?”
The solution to the problem does require cash. There are alternative financing possibilities. It is up to our State Senators to cause those to happen. If they are unable to persuade 26 Senators, then we need different Senators. While it is nice to be liked by your fellow senators, sometimes one’s duty to the people you represent requires that you use tactics that may not be popular. The State should pay the bill. The Court says the State is liable for the bill. The Governor doesn’t want to pay it and, worse, does not want to permit the people in the Basin to pay it either. Perhaps if enough people call out, the Governor can be persuaded to have a different opinion. Perhaps our Senators can be persuaded to do what is necessary to win 26 votes in the Legislature.
Another alternative is to correct some of the flaws in the computer simulation. If even some of those flaws were corrected, then much of the problem would also be corrected. It is the job of the Attorney General to cause this to happen. So far, this hasn’t happened.
There are other options available to solve the problem other than what the elected officials indicate. It is up to you to persuade the people you vote for to do what is necessary. The best way to do that is to organize and pool resources. Politicians tend to pay attention to groups that can help them or their opponents get elected. While individuals can make a difference, groups can make an even bigger difference.
