NRDs reach accord on water credit

McCOOK, Nebraska -- While the concept may be sound, one word in a proposal discussed by Republican River Basin water managers Wednesday afternoon made one manager uncomfortable.

The concept, in its bare-bones form, appears simple: Let the local area (NRD) that loses the surface water get the credit for it.

The basin water managers were discussing two resolutions: one written by the Bostwick Irrigation District, the other by the Frenchman Cambridge Irrigation District.

Both resolutions address the regulation of irrigation water as the State of Nebraska complies with the 1943 Republican River Compact that apportions the river's water among the three states.

Each resolution has a "Whereas" that states that a goal of the NRD's Integrated Management Plans (IMPs) ensures that ground water and surface water users assume their share of the responsibility to keep Nebraska in compliance with the compact.

Because 2014 will most likely be dry as the drought continues, a "compact call year" is highly likely. The designation, if necessary, is announced on or about Jan. 1.

A "compact call year" means that some curtailment of surface and ground water -- ordered by the state's Department of Natural Resources -- will be needed to ensure compliance. The DNR declared 2013 a compact call year on Jan. 1, 2013.

The biggest losers in 2013 were surface water irrigators, as water stored in the river basin's four reservoirs between Jan. 1, 2013 and April 1, 2013, was released to Kansas in April, making it unavailable for surface irrigation.

The proposal written by the FCID blames the reduction of consumptive use on the state's "usurpation" of surface water appropriations ...

John Thorburn, general manager of the Tri-Basin NRD, admitted he had to look up the word "usurpation" -- thank goodness for a smart phone, he said. Wrongful taking, taking by force, encroachment, infringement, improper seizure, he read. "I don't think my district wants to get into that," he said.

Mike Delka, manager of the Bostwick irrigation district, said he doesn't care if a final resolution is a hybrid of his proposal and FCID's resolution. Delka's resolution uses the wording "the reduction ... due to the state's regulation of " rather than FCID's " ... state's usurpation of ... "

The RRMDA board finally decided that it could support and encourage the resolution proposed by Bostwick, agreeing with the concept of retaining credit where it is lost or curtailed by the state.

Mike Delka offered a second resolution, one of creating an allocation for irrigation districts and surface irrigated acres, separate from ground water users' allocations.

Delka said a separate allocation for surface irrigated acres and irrigation districts would encourage continued conservation and help Nebraska comply with the Republican River Compact.

Several RRMDA board members agreed that they had looked at this concept before, but didn't know how to do it legally.

Delka said that his irrigation district's conservation projects have reduced consumptive use, but that their efforts have "all been for naught, with inflows dissipated and a two-year supply dumped" and sent down the river to Kansas.

FCID manger Brad Edgerton said this may lead to conjunctive management, management of ground water and surface water together. "Rather than having 'allowable ground water depletion' we would have 'allowable depletion'," Edgerton said.

Delka said that surface water is "entitled to a piece of the pie, a separate allocation within our control," whether it is figured as a percentage of the virgin water supply, using a four-year actual use formula or with a return to the original Compact.

Mike Clements, general manager of the Lower Republican NRD, said there is "a lot of uncertainty about a surface water allocation and how it would impact the NRD's and the NRD's IMPs."

The RRMDA is an organization comprised of representatives of the Upper, Middle, Lower and Tri-Basin Natural Resources Districts; and Pioneer, Frenchman Valley and H&RW, Frenchman Cambridge and Bostwick irrigation districts. Each is located in the Republican River Valley of Nebraska.