State orders release of water from reservoirs

Wednesday, April 3, 2013

LINCOLN, Nebraska -- Saying the U.S. Bureau of Reclamation doesn't have a workable plan for meeting Kansas' demands under the Republican River Compact, the Nebraska Department of Natural Resources has ordered the release of all water stored in Nebraska reservoirs along the river since Jan. 1, 2013.

In a letter to Aaron Thompson, area manager of the Great Plains Region Bureau of Reclamation, DNR director Brian Dunnigan said current Bureau of Reclamation plans were inadequate to comply with the compact.

"Given the Bureau's intentions as we understand them, the Department is now left with no option but to order the release from Harlan County Lake (and all upstream reservoirs) of all water the Bureau has retained since Jan. 1, 2013," Dunnigan wrote.

"This is the only way Nebraska can ensure the 2013 inflows represent an increase in supply solely to Kansas consistent with the intent of Compact Call Year administration. The effective date of the order will be April 1, 2013. Please plan accordingly."

Southwest Nebraska surface irrigators are up in arms, saying the move effectively nullifies years of flood control efforts that followed the Republican River flood of 1935 and resulted in construction of Enders, Swanson, Hugh Butler and Harry Strunk reservoirs and associated irrigation districts.

They say they will still be required to pay for water they no longer receive from the reservoirs, which might even be lost the way Bonny Lake in Colorado was, converted to a dryland wildlife refuge.

One irrigation district official says his area's next corn crop is threatened by the state order to release water from the four Southwest Nebraska reservoirs.

The state is trying to comply with the Republican River Compact. The 1943 compact says Nebraska gets 49 percent of the Republican River's water, Kansas gets 40 percent and Colorado gets 11 percent. Kansas has repeatedly complained that Nebraska has used more than its share. A Kansas lawsuit alleging that Nebraska violated the compact is pending before the U.S. Supreme Court.

Frenchman-Cambridge Irrigation District general manager Brad Edgerton is not happy about the release of more than 12,000 acre-feet of water. Edgerton told the Lincoln Journal Star (http://bit.ly/16naQQX ) that the release further threatens south-central Nebraska's next corn crop as the state struggles with drought.

On Jan. 1, the Nebraska Department of Natural Resources designated 2013 as a Compact Call Year, which gives the agency authority to regulate and administer surface water in the Republican River basin in order to comply with the Republican River Compact.

A Compact Call results in the DNR issuing closing notices on all natural flow and storage permits in the basin until such time as the DNR, in consultation with the Republican River Basin natural resources districts, determines that yearly administration is no longer needed to ensure compact compliance.

"It is important to Nebraska that Kansas water users receive their water in as timely a fashion as they can. However, after many months, it is clear that the Bureau has no plan that will accomplish this without interfering with Nebraska's paramount legal obligation, Compact compliance," Dunnigan wrote. "The Department remains ready to evaluate any alternative operating plan that furthers this obligation."

-- The Associated Press contributed to this report.

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  • HUGE story! This will change the face of SW Nebraska for years. Land valuations could drop and taxes will need to increase to maintain the same level of services if the current irrigated acres converts to dry land. Production will drop, income will drop. It does not seem fair that surface irrigators will get zero to two inches of water and others can pump 20 inches of water from the aquifer. It really does not seem fair that when the state was sued about the nuke dump in NE Nebraska theat the entire state ended up covering those costs while this compact is covered only by the folks in the Republican River Basin.

    -- Posted by dennis on Wed, Apr 3, 2013, at 2:06 PM
  • Dennis- Who gets 20 inches? I got cut to 10.8 inches of water in the driest year in history. The guys on the ditch will get to collect federal crop insurance and have no inputs invested to get the money. If it rains they might even get to raise a forage crop on the side. People who get water don't qualify for preventive planting and have to take the risk of burning up an irrigated crop or pay huge penalties to the NRD if they go over. Seems to me the entire area is in trouble, not just the poor guys cring in the coffee shop. I agree with you on the state needing to step up. Bunch of crap that we are having to pay the price to pay for this compact. This all sucks but people aren't getting screwed as bad as you think. Instead of complaining, pray for rain.

    -- Posted by omnibus on Wed, Apr 3, 2013, at 4:22 PM
  • Correct me if I am wrong but this move does nothing to reduce the depletion of the aquifer. Also correct me if it is not true that some in the Upper NRD still get up to 20 inches per year and that the Upper has exceeded their limit the past several years. Also make a correction if it is not true that the ditch users will still pay an occupation tax for water they do not get.

    -- Posted by dennis on Wed, Apr 3, 2013, at 8:24 PM
  • LB273, a bill to legalize the cultivation of industrial hemp, was advanced to General File in the Nebraska Legislature in 2002. Opponents expressed concern hemp resembles marijuana and alleged hemp failed to live up to its promise in other states and Canada. Proponents pointed to the environmental advantages of growing hemp and its many uses which could provide new markets for Nebraska farmers. What we call ditch weed is the genetic remnants of the industrial hemp planted in Nebraska prior to Prohibition (1937) and from its use by Plains Indians. An alternative to allowing the upper to drain the aquifer, industrial hemp is drought resistant, has a $400 million market in the US today and our farmers can't grow it. what's fair here?

    -- Posted by hempist on Thu, Apr 4, 2013, at 8:03 AM
  • The way I understand it the upper gets 65 inches for 5 years. They allowed them to bring their "carry forward" water into the next allocation period but put restriction on the carry water. The way I understand it is if somebody had enough carry to pump 20 inches this year the penalties would restrict them to a 13 inches the next 4 years. It is similar to the middle plan (60 for 5 years + 12 carry forward) but they allow for a little more flexability than the 18% total hard cap that we have.

    I don't know about the taxes on the ditch water. If they are paying occupation tax they better call the guys that you so desperately wanted on the NRD board because they are the ones charging it to them.

    Now correct me if I'm wrong, but these increased restrictions on groundwater will negatively affect farmers incomes. And correct me if I am wrong that less money for farmers will lead to less money being spent at our local businesses. Thus, less taxes and revenue for our local politicians to spend on services.

    I don't agree with the state taking the surface water, but with no water being available these guys will qualify for federal crop insurance, which in somes cases could be up to $1000 per acre to do nothing. Its probably better than taking what little water that is available and trying to irrigate a crop and not qualify for the insurance. it's not what we want but we are all making sacrifices.

    -- Posted by omnibus on Thu, Apr 4, 2013, at 9:58 PM
  • Omnibus. You are incorrect in several of your assumptions concerning federal crop insurance

    1. The farmer is only eligible for Prevented Planting the first year of water shortages unless a case can be made that there was a reasonable expectation that the water will be available for the following year.

    2. There is nothing certain that prevented planting due to failure of water supply will be an insurable cause of loss this year due to the fact that the announcement of the water releases were made before planting started. This will be a question for the RMA (risk management agency of the United States department of agriculture), or the insured's AIP (approved insurance provider (ins. company)). I am sure that every crop agent in the area has already called their companies on this.

    3. Farmers under the ditch will only get prevented planting money for the percentage of acres that they will not be able to plant due to the hardship caused by the state of Nebraska. If they were told that they would have enough irrigation water for 100 acres and now will only get enough for 50 they will only get PP on 50 acres.

    4. Your calculations for the amount of money that the farmers will receive are seriously off as well. Prevented planting only pays 60% of their guarantee. Let's assume the farmer has a proven history of yielding 160 per acre. (This includes the last ten years of production with loss years {hail} included.) 160 is an average proven history in this area for irrigated ground. Multiply this by the farmers chosen coverage level (Most insure at 75%) this gives an insurance guarantee of 120 bushels. Prevented planting typically gives a guarantee for reasons the crop cannot be planted at 60% of the 75% or 72 bushels on a field with 160 bushel proven yield. Multiply that by the spring price.

    So...160 x .75 = 120 x .60 = 72 bushels x $5.65 = $406.80, thus your assumption that farmers will receive $1000 per acre for doing nothing is way off. (For soybeans 60 bushel aver x 75% = 45 bushels x 60% = 27 bushels x $12.87 spring price = $347.50)

    On the topic of the water releases, Dennis is correct. The STATE entered into the agreement with Kansas. NOT just the irrigators in the Republican river basin. I think that we can be in agreement that a significant portion of the stream flows can be attributed to the Ogallala aquifer. Yet there is very little irrigation restrictions on irrigators in other parts of the state. Not to mention the fact that most pasture dams, pasture pits, field terracing, watershed structures, conservation tillage practices, and precisions application of irrigation water, all of which reduced stream flows, occurred after the compact was signed in 1943. A new compact needs to be negotiated or the entire state needs to be accountable for a situation which is the fault of the state.

    -- Posted by quick13 on Fri, Apr 5, 2013, at 11:05 AM
  • It is clear that realisticly corn is not going to be a viable option as a comodity crop in the near future in the SW part of Nebraska. If the drought continues like it is predicted it may spread to a larger part of the state. A few months ago the Secratary of State from Iowa, mentioned that corn would not be grown here in the next 50 years. I would say that time is now.

    After 75 years of prohibition, after the Hemp for Victory Campaign, after almost 50 years of a declared War on Drugs and the citizens right of choice, I think it is about time to let our farmers grow hemp. The American Botanical Society, the leading herbal medicine authority just came out with the Cannabis plant on the cover of their magazine, stating that it is just an herbal plant with so many uses medicinally and industrially that we need to stop the war.

    The industrial hemp of the future adapted to the Great Plains is in the ditch weed that florishes across Nebraska. It is the rements of the hemp industry of the late 18th and early 19th century. The Native Peoples also aquired seed and utilized the plant.

    The State of Nebraska, the University of Nebraska and the citizens are about ready to miss out on an economical boom. Right now 7 states already have hemp farmer legislation in place. Colorado is going to start planting a crop this spring. Our Legislature needs to act on the peoples best interest, including are farmers who need a drought resistant alterative profitable crop for the future. We need a hemp farming bill in place so the University can lead the World in research and development of the hemp industry. We have large Food, Fibre, and Fuel research at the University. They need to be studying the plant that can provide all of mthat and more. Our state needs to start letting the farmers plant Hemp.

    By placing small pulping plants across the state and developing the products as the industry grows, it can be an economical benefit for the state. The products are endless, from paper, fine fabrics, particle board, bioplastics, to a carbon storing concrete. It also has the most complete highest protien level grain. It is easier to digest than soy beans and requires alot less water and fertilizer. It is time to let our farmers grow hemp.

    Right now we have a prop 19 petition drive in the State of Nebraska that will end all prohibitionary laws against the Cannabis plant. See the Nebraska Cannabis Inisative facebok for details. This will allow Our farmers to grow a drought resistant profitable crop, our University of Nebraska to research and develope the indusry so our state can benefit economically. It is time to stop this costly war that is not working and allow this plant to provide another

    HEMP FOR VICTORY

    -- Posted by nehempfarmer on Fri, Apr 5, 2013, at 1:07 PM
  • I agree with your last statement 100%. Conservation practices and modern farming practices have altered the amount of water that goes to the stream. And yes, groundwater pumping has some affects on the stream too. None of these changes where adjusted to the 1943 compact. Adjusting the compact to modern practices used by all three states would be nice but I doubt it solves all our disagreements.

    And yes I realize that not everyone has the same APH on their federal crop, but it is relevant to your history of income. And for the record I'm pretty sure it is 60% of your aph, not 60% of your coverage level.

    I just hope it rains so nobody gets hurt too bad.

    -- Posted by omnibus on Fri, Apr 5, 2013, at 1:39 PM
  • sorry to burst your bubble but it is 60% of your guarantee level....sorry, but I know more than a little about federal crop. and I too hope it rains soon.

    -- Posted by quick13 on Sat, Apr 6, 2013, at 9:13 AM
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