State orders release of water from reservoirs
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.