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Critics say pumping restrictions not enough
A proposal by the Middle Republican Natural Re-sources District to reduce pump irrigation allocations by an inch per year was derided by surface irrigation interests as self-serving and completely inadequate at a hearing Thursday night.
Four men spoke in opposition to proposed amendments to the district's Ground Water Management Area rules and regulations.
Drawing the main opposition was the proposal to reduce groundwater allocations from 13 to 12 inches per year for a cumulative allocation of 60 inches for five years. In addition, opponents were even more cynical about a proposal for adding a "bonus inch" to the cumulative allocation each time the State of Nebraska maintained yearly compliance with the Republican River Compact the previous two years.
"There is no surplus groundwater, which your 'bonus inch' seems to imply," said Wayne Madsen of Trenton in a prepared statement. "'Bonus inch reference and/or use only points out your irresponsible, self-serving interest," said Madsen, a water activist, former Middle Republican NRD board member and retired well installer.
Speaking to about 60 people at the hearing in Memorial Auditorium in McCook, Madsem said the proposal "is not a plan which in my opinion, either the State of Nebraska, or the State of Kansas, will accept as a viable plan to manage the water in the Republican River Basin. The proposed rule changes only reflect the personal interests of the board."
He said the NRD was failing to fulfill its duty to manage all hydrologically-connected groundwater and surface water, as required by LB962.
"These proposed rules and regulations are so permissive they do not even resemble a sincere effort to comply with the Republican River Compact Settlement Agreement," he said.
"LB701 provided the (Republican River) Basin NRD's additional taxing authority, which you took advantage of to buy surface water in an attempt to meet the Republican River Settlement agreement," Madsen said. "Buying what little water is in the rivers and streams while continuing to pump groundwater is not the solution to the problem. I beg you to study the connection," he said, urging them to read "Ground Water and Surface Water A Single Resource," USGS Circular 1139. (It is available online at http://pubs.usgs.gov/circ/circ1139/#pdf).
"When you lower the water table, you reduce base flow, it is that simple.
"Your miniscule 7 1/2 percent reduction of 1 inch per year is not nearly enough to convince either Nebraska or Kansas of a sincere desire to come into compliance," he said. "I suggest you set the base irrigation allocation at 9.75 inches per year and the cumulative allocation for five years at 48.75 inches in all sub areas."
Doing so would leave 84,824 acre feet of water in storage compared to the present allocation of 13 inches, which would raise the water table and contribute to base flow.
"I do not speak for the Department of Natural Resources or the governor, but in my opinion, neither will sit idly by and allow the NRDs to put Nebraska back in court. The rules and regulations I see proposed in this document may put you on a fast track to understanding what the Interrelated Water Review Board is, and possible legislation to place groundwater control in the DNR.
"You were all elected to serve all the people of the district," Madsen concluded. "I urge you to do so."
Speaking on behalf of Aaron Thompson, Bureau of Reclamation manager for the Nebraska and Kansas area, Marv Swanda of the McCook office called both the 12 inch allocation and bonus allocations "unacceptable."
Water rights held by surface water irrigators served by bureau projects pre-date groundwater development in the Republican River Basin, and all uses, including recreation, fishing and wildlife as well as irrigation, must be preserved.
The NRD members have a "responsibility to represent all of the water users within the area" and ensure that surface water irrigation projects can continue to operate as originally planned and authorized.
Dale Cramer of Cambridge, representing the Republican River Basin Irrigation Council, noted that surface water irrigators have been forced to rely on declining water supplies and it is unfair not to expect well irrigators to do the same. The proposed 12 inch allocation fails to meet the basin's obligations and the concept of bonus inches is "beyond comprehension."
Calling for allocations below 8 inches, Cramer warned that the region's failure to self-regulate will increase the likelihood of forced compliance by state and federal regulators. He called for the NRD to make a "real commitment" to compliance with the Republican River Compact.
Rancher and sometime gubernatorial candidate Barry Richards of Hayes Center likened irrigators to frogs that fail to hop out out a pot that is brought slowly to a boil.
"That frog is me, and I'm getting boiled," Richards said. He urged the officials not to let water to be sold, saying "if it's time to get to the courts, let's get there while we still have something.
"It's time to tell the irrigators to stop. Kansas can't argue with that," he said. "We need to get the allocation way down. I am boiled about getting a bill for a problem I didn't create."
Written testimony was also received from Bruce Fulk of Wallace, who said a 12-inch allocation over five years is barely adequate to comply, but a 9 inch allocation "would be a financial disaster."
Ron Friehe of McCook also submitted written testimony suggesting that farmers with both surface and groundwater irrigation to be allowed to use their entire allocation from groundwater irrigation and none from surface sources. He also called for the same allocation if the irrigators pumped from alluvial or non alluvial wells.
Leaving the meeting, one observer noted that irrigation is only one factor in Nebraska's noncompliance with the Republican River Compact. The attendee, who helped build Harry Strunk Reservoir, recalled hearing a speech by Strunk, the late McCook Daily Gazette publisher, who said "The purpose of conservation is to hold every drop of rain as close to where it falls as possible."
"Well, we've done that, and look where it's gotten us!" the observer said.