Lawsuit, study on NRD agenda

Thursday, July 7, 2011

CURTIS, Nebraska -- The Middle Republican Natural Resources District will hear information pertaining to the Central Platte Natural Resources District lawsuit and a proposed Dakota Aquifer water study at its monthly meeting Tuesday, July 12, 7:30 p.m. at the Curtis Memorial Community Center.

The information on the CPNRD is their denial of certification to a producer, who then filed legal action against the district in Hall County Court in Grand Island, Nebraska. The CPNRD may ask for a share in court costs and legal help as the case could affect other NRDs throughout the state.

According to Dan Smith, MRNRD mnanager, there have been a dozen or so cases in the last 40 years in which a single NRD has requested and received help from other NRDs in a court case that may have a wide affect on the state.

Pat Underwood, who is working with the Lower Republican Natural Resources District on a possible study of the Dakota Aquifer, will present a information to the board about participating in the study. The Dakota Aquifer is located underneath the Ogallala Aquifer, but has a high salt content.

Smith stated "the Dakota Aquifer could be viable within the MRNRD, but a study would determine the amount of viability for the aquifer."

He also said, "a group out of Texas was exploring the possibility of using a desalinization process for the aquifer, but he thought that may be impractical."

The board will also hear from MRNRD Directors James Uerling and Steve Cappel, who testified as individuals, and not representatives of the board, at the LRNRD hearing in June.

Other items of note on the agenda include:

* information on a depletion handout from the Department of Natural Resources. The handout shows depletions in relation to the water usage percentages split between the the NRDs in the Republican River Basin from 1918 to 2009;

* a second variance request from Craig Nelson. Nelson was denied a variance previously and has approached the board a second time. The land in question was not certified originally in 2003 and came out of the Conservation Reserve Program earlier this year;

* there will be discussion encouraging residents of Riverside Irrigation District using available Agricultural Water Enhancement Program funds. The residents are being encouraged to go to the McCook office and talk with Ben Hardin about participating in AWEP;

* and the board will look at expediting variances for Frenchman-Cambridge Irrigation District. Expediting the variances would save the district money. The variance approvals would occur through the district manager. The expedited variances would be similar to the two FCID variances that were approved by the board in June.

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