If NRDs had won ...

Dear Editor,

Back in time when 701 went into litigation our attorneys wrote to county officials telling them to withhold paying the NRD's tax claims.

Because of the aforementioned litigation, this brought about the question, what should be done with the money?

The Nebraska Attorney General's office notified the treasurer to pay the NRDs.

The soon-to-be-illegal funds moved out of reach of the county commissioners where they could have been repaid.

Next, the NRDs decided to hold the funds and use a Nebraska law that prevented a cash return. Sen. Christensen and Gov. Heineman made a weak attempt in introducing bills to the Nebraska Legislature that would have allowed payment. The Legislature promptly nixed those attempts for fear of other entities such as school districts might claim restitution. There seems to be a fine line somewhere.

Later, another move was attempted by the NRD's to use the district court (at the expense of the tax payer) to allow the NRDs' use of the funds, since remuneration to the public was impossible. Judge Urbom said he couldn't do anything about state law, but could rule on one thing. That being, the NRDs could not in any way use the illegal funds.

Now comes the election of expiring terms on the NRD board and don't forget the stench of the water theft hanging over both the Upper and Middle NRDs.

I'm sure Mr. Smith's announcement in the Gazette is directed at public opinion. We want to thank him for doing the right thing, even if it's overdue. In the July 26 Monday Edition of the McCook Daily Gazette, Mr. Smith announced the plan to compensate taxpayers for the NRD's illegal collection of taxes.

This was done without a vote of the board of directors, indicating the cancelation could have occurred about three years ago.

The plan in itself was not new. I had discussed the same plan with county officials to ease the burden of payment. The time frame of that discussion was back before we knew that the state prohibited the payment in cash.

In one article as Mr. Smith reported, he mentioned that the method of payment would not be fair to some. Now if the NRD's want to make it really fair, they owe the tax payers 14 percent interest per annum on the money they collected and held. I suggest they make a check payable to Red Willow County and others for the amount due them.

One thing for certain, if the NRD's had won the law suit, the residents along the river would have to pay or else.

Tom Kiplinger

McCook