Republican River Basin: Supreme Court finds Nebraska liable for ‘reckless’ water use — The Kansas City Kansan

February 25, 2015
Republican River Basin by District

Republican River Basin by District

From the Kansas City Kansan:

In a 28-page majority opinion, the court unanimous agreed that Nebraska “knowingly” violated the Republican River Compact and took water that belonged to Kansas.

As a remedy, the Supreme Court ordered by a 6-3 vote that Nebraska not only must pay Kansas’ actual damages from loss of water during those two dry years but also must “disgorge” a portion of the economic gain Nebraska received from higher yields from irrigating crops with water that should have been sent downstream to Kansas.

“Nebraska recklessly gambled with Kansas’s rights, consciously disregarding a substantial probability that its actions would deprive Kansas of the water to which it was entitled,” Justice Elena Kagan wrote for the court’s majority. “That is nearly a recipe for breach [of the Compact that governs sharing of Republican River water]—for an upstream State to refuse to deliver to its downstream neighbor the water to which the latter is entitled. And through 2006, Nebraska took full advantage of its favorable position, eschewing steps that would effectively control groundwater pumping and thus exceeding its allotment. In such circumstances, a disgorgement award appropriately reminds Nebraska of its legal obligations, deters future violations, and promotes the Compact’s successful administration.

”Schmidt noted that the Supreme Court never before had ordered disgorgement of an upstream state’s unjust gains as a remedy in an interstate water dispute.

“Legally, this is a groundbreaking case that vindicates Kansas’s rights as a downstream state,” Schmidt said. “We brought this lawsuit to encourage our neighbors to live up to their obligations in future dry periods. I’m hopeful this strong and clear Supreme Court order will have that effect.”

The Supreme Court ordered Nebraska to repay Kansas $3.7 million to compensate for Kansas’s actual economic losses during 2005-06 and another $1.8 million as partial disgorgement of Nebraska’s unjust gains from illegally using Kansas water.

That $5.5 million recovery will be used to fully reimburse the attorney general’s office for its roughly $4.5 million in bringing the lawsuit and defending Kansas water rights, making the State of Kansas whole for its cost of litigation. The remainder will be available to the legislature to designate for other purposes as provided by law.

The Supreme Court also ordered technical changes to the calculation of future water flows from the Platte River basin into the Republican River basin as requested by Nebraska. The decision to order that reformation of the accounting procedure was 5-4.

More Republican River Basin coverage here.


Kansas to host Central Plains Irrigation Conference February 17-18 — Rural Radio

January 23, 2015

From the Kansas State Research and Extension via KTIC:

The 2015 Central Plains Irrigation Conference and Exposition will take place Feb. 17-18 at the City Limits Convention Center, Colby, Kansas. The popular annual event focused solely on irrigation-related topics is hosted in Kansas every third year. Sponsors include Kansas State University, Colorado State University, the University of Nebraska and the Central Plains Irrigation Association.

The conference portion of the event will include many technical irrigation sessions presented by academic researchers from the areas of agronomy and irrigation engineering, for example, as well as representatives from governmental agencies such as the U.S. Department of Agriculture’s Agricultural Research Service.

Session topics include the crop water budget, optimizing crop water productivity in a variable climate, sensor technologies for irrigation management, advancements in subsurface drip irrigation and center pivot irrigation, updates on groundwater issues and crop options for deficit irrigation.

“The overall theme for this event from a crop water standpoint, particularly for western Kansas, is management with limited water supply,” said Danny Rogers, K-State Research and Extension professor and irrigation engineer. “But, the management issues we talk about with irrigation have application whether you have full water or limited water capabilities. There will be something for everyone.”

Bob Gillen, head of tri-center operations for K-State Research and Extension’s Western Kansas Agricultural Research Centers, will present the first day general session on lessons from 100 years of agricultural research in northwest Kansas. Ajay Sharda, assistant professor in K-State’s Department of Biological and Agricultural Engineering, will lead a general session discussion about the potential of technology and precision agriculture on the second day of the event.

The conference includes a menu-driven program, Rogers said, so participants can choose what to attend during the two days. The exposition side of the event will allow for industry representatives and irrigators to interact.

“Producers can come in and see, touch and talk about the new sprinkler options, soil sensors, plant health sensors, potentials for aerial sensors and other items out there,” Rogers said. “It’s a chance to have one-on-one conversations with industry folks, specialists and fellow irrigators.”

For a full list of sessions and presenters and the registration form, visit http://www.ksre.ksu.edu/sdi/REvents/CPIAprog.html. Register early by Jan. 30 at a discounted rate of $85 per person. After Jan. 30, registration is $100 per person. The fee covers access to technical and general sessions, the exposition and on-site meals. For more information, contact Donna Lamm at 785-462-7574 or donnalamm@yahoo.com.

More Ogallala Aquifer coverage here. More Republican River Basin coverage here. More Arkansas River Basin coverage here.


Is An Aqueduct A Practical Answer To Western Kansas’ Water Crisis? — Heartland Health Monitor

January 5, 2015

From KCUR.org (Bryan Thompson):

Western Kansas is heavily dependent on the Ogallala Aquifer. But since 1950, that ancient supply of underground water has been rapidly depleted by irrigation. That irrigation produces corn, which is fed to livestock to support the beef and, more recently, dairy industries, which are the foundation of the western Kansas economy. But water levels have dropped so low in parts of more than 30 counties that irrigation pumps can no longer be used there. That’s why rivers in western Kansas are little more than dry stream beds.

Mark Rude is tracking the depletion of the aquifer for a groundwater management district in the heart of the affected area.

“We’re only 9 percent sustainable with that 2 million acre-feet that we use in southwest Kansas,” Rude says. “And 9 percent sustainable is a very formidable number, because you can’t conserve your way out of that.”

In other words, 91 percent of the water currently being pumped would have to be shut off just to keep the aquifer from declining any more. But if the water doesn’t come from the aquifer, where could it come from? The 2011 flooding on the Missouri River gave Rude and others an idea about how to answer that question. While devastating to those along the river, the flood looked like an opportunity.

“Folks who realize the deep value of water in western Kansas looked at that and go, ‘Wow, if we only had a couple days of that flow we could fill the aquifer, and we’d all be happy,’” Rude says.

Rude looked into that idea, and rediscovered the 1982 study proposing a system to capture excess water from the Missouri River and store it in a huge, new lake near White Cloud in the northeastern corner of the state. It would then be pumped uphill through an aqueduct to western Kansas. There it would be stored in another new lake — by far the largest in the state — for distribution.

The cost was estimated at $1,000 per acre-foot of water delivered. With that price tag, the concept was dead on arrival. But recently, the Kansas Water Office told the committee charged with updating the old study that the cost is now closer to $500 per acre-foot. The savings are due to lower interest rates. Cost is a concern for committee member Judy Wegener-Stevens, but it’s not the only reason she’s opposed to the project.

“I don’t feel an aqueduct should be built,” Wegener-Stevens says. “I feel that people in western Kansas have been pumping water unconditionally, without any rules, for 40 years, and they have not used their resource very well.”

Wegener-Stevens, who lives in White Cloud, said the nearby Iowa Tribe of Kansas and Nebraska would fight a proposed aqueduct. They have rights to water in the Missouri River and are working to quantify those rights. There might also be objections from other states, even though the idea is to take only “excess” water. Throw in anticipated battles over property rights and environmental concerns, and some committee members say the aqueduct still doesn’t appear realistic.

But committee member Clay Scott isn’t willing to give up on the idea. Three generations of his family raise cattle and grow irrigated corn and wheat near Ulysses, in southwest Kansas. Scott points to an Arizona aqueduct called the Central Arizona Project as proof that a Kansas aqueduct is feasible. He says a reliable source of water is vital to the future of his family’s farm.

“I’ve got three boys that are looking to maybe come back to the farm, but, you know, it takes a lot of acres in western Kansas to support a family — especially coming through these last three years of drought,” Scott says. “It’s a challenge to tell your boys that there’s an opportunity. There’s a future for you here.”

Scott and other members of the advisory committee say the first priority should be some sort of compact with other states and Indian tribes to secure rights to Missouri River water. Then they can worry about all the other obstacles to the project. Earl Lewis, the assistant director of the Kansas Water Office, agrees with that approach.

“Moving forward and investing considerable time and funds into pursuing a project that doesn’t have the legal security of a water right or some kind of compact doesn’t make a lot of sense,” Lewis says.

Even if the Missouri River doesn’t pan out as a water source, Lewis says there may be other options. State law could be changed to make it easier to transfer surplus water to western Kansas from other parts of the state. And Kansas may be able to get some financial help from Colorado, in exchange for providing water to ease shortages on the Front Range. But it will be up to others to explore those options and others. The advisory committee’s charge was solely to update the aqueduct study and make recommendations. Those recommendations are due by the end of January.

More Ogallala Aquifer coverage here.


Mining the Ogallala — The Pueblo Chieftain

December 21, 2014

ogallalahighplainsdepletions2011thru2013viausgs

From The Pueblo Chieftain (Chris Woodka):

Wells are depleting the High Plains Aquifer at an alarming rate, according to a study released last week by the U.S. Geological Survey.

“The measurements made from 2011 to 2013 represent a large decline,” said Virginia McGuire, USGS scientist and lead author of the study. “This amount of aquifer depletion over a two-year period is substantial and likely related to groundwater pumping.”

The aquifer, also known as the Ogallala Aquifer underlies 175,000 square miles in Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas and Wyoming.

Wells began tapping the aquifer heavily in the 1930s and 1940s, and the acreage irrigated expanded to 15.5 million acres in 2005 from 2.1 million acres in 1949.

The total water stored in the aquifer in 2011 was estimated at 2.92 billion acre-feet (951.5 trillion gallons). Pumping in two years depleted that by 36 million acre-feet (11.7 trillion gallons), causing an average drop in the aquifer of 2.1 feet. The overall rate of decline in the entire aquifer since pre-development is 267 million acre-feet, or 8 percent, resulting in a drop of 15,4 feet through 2013.

The change has been most significant in Texas, where levels dropped 44 feet in some places in the 2011-13 study period and 256 feet since pumping began. In some places, the well levels rose. With the highest rise since predevelopment recorded in Nebraska at 85 feet. Over time, Texas well levels have declined by 41 percent, and Kansas wells by 25 percent. Colorado dropped 14.3 percent over that same period, with more severe declines in the northern part of the state.

For the 2011-13 period, 7,460 wells were studied, 411 of those in Colorado. For the pre-development study, 3,349 wells were included, with 325 in Colorado.

“This multi-state, groundwater-level monitoring activity tracks water-level changes in all eight states through time and has provided data critical to evaluating different options for groundwater management,” said McGuire. “This level of coordinated groundwater-level monitoring is unique among major, multi-state regional aquifers in the country.”

Here’s the release from the United States Geological Survey (Virginia L. McGuire):

Abstract

The High Plains aquifer underlies 111.8 million acres (about 175,000 square miles) in parts of eight States—Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. Water-level declines began in parts of the High Plains aquifer soon after the beginning of substantial irrigation with groundwater in the aquifer area (about 1950). This report presents water-level changes in the High Plains aquifer from predevelopment (generally before 1950) to 2013 and from 2011 to 2013. The report also presents change in water in storage in the High Plains aquifer from predevelopment to 2013 and from 2011 to 2013.

The methods to calculate area-weighted, average water-level changes; change in water in storage; and total water in storage for this report used geospatial data layers organized as rasters with a cell size of 500 meters by 500 meters, which is an area of about 62 acres. These methods were used to provide a raster dataset of water-level changes for other uses.

Water-level changes from predevelopment to 2013, by well, ranged from a rise of 85 feet to a decline of 256 feet. Water-level changes from 2011 to 2013, by well, ranged from a rise of 19 feet to a decline of 44 feet. The area-weighted, average water-level changes in the aquifer were an overall decline of 15.4 feet from predevelopment to 2013, and a decline of 2.1 feet from 2011 to 2013. Total water in storage in the aquifer in 2013 was about 2.92 billion acre-feet, which was a decline of about 266.7 million acre-feet since predevelopment and a decline of 36.0 million acre-feet from 2011 to 2013.

Click here to read the report.

More coverage of the 2012 drought and its affect on the Ogallala Aquifer from Stephanie Paige Ogburn writing for KUNC. Here’s an excerpt:

In Northeastern Colorado, farmers growing food like corn and potatoes depend for water on a giant, underground reservoir. Called the Ogallala, or High Plains aquifer, this water source spreads across eight high plains states like a giant, underground lake.

In times of drought, farmers who use the aquifer for water take more of it. A report from the U.S. Geological Survey, published December 16, shows the 2012 drought significantly diminished the Ogallala’s water.

“The bottom line was, there was with the drought, increased pumping and you have decline of the water levels,” said Virginia McGuire, the U.S. Geological Survey scientist who authored the report.

Over the last six decades, Colorado has exceeded the aquifer’s resupply by 18.8 million acre-feet of water. An acre-foot is the amount of water needed to cover an acre of land one foot deep.

Between 2011 and 2013, the state used up 3 million acre-feet more than was recharged. Across most of the aquifer, other areas also used a whole lot of water during that period. Kansas and Texas, both hard hit by drought, caused the largest declines in Ogallala water levels.

McGuire, who has been tracking the aquifer’s water level for years, said she knew the drought would make an impact. She was a little surprised at how significant an effect it was, though.

“The story is drought was widespread and there were declines in most of the aquifer for the 2011 to 2013 time frame.”

More Ogallala Aquifer coverage here.

Significant portions of the Ogallala Aquifer, one of the largest bodies of water in the United States, are at risk of drying up if it continues to be drained at its current rate. Courtesy of MSU

Significant portions of the Ogallala Aquifer, one of the largest bodies of water in the United States, are at risk of drying up if it continues to be drained at its current rate. Courtesy of MSU


Ogallala aquifer drops by 36 million acre-feet from 2011-2013

December 17, 2014
Significant portions of the Ogallala Aquifer, one of the largest bodies of water in the United States, are at risk of drying up if it continues to be drained at its current rate. Courtesy of MSU

Significant portions of the Ogallala Aquifer, one of the largest bodies of water in the United States, are at risk of drying up if it continues to be drained at its current rate. Courtesy of MSU

From Net Nebraska (Grant Gerlock):

The aquifer lost enough water over a recent two-year period to cover the entire state of Iowa in a foot of water, according to a new report by the U.S. Geological Survey that studies water level changes from 2011-13.

The vast underground lake that supplies water to wells in some of the country’s most productive agricultural land – including parts of Nebraska, Kansas, Colorado, Oklahoma and Texas – lost 36 million acre-feet of water from 2011-13. The aquifer has lost about 8 percent of its stored water since 1950.

Prolonged drought is mostly to blame for the recent depletion, said USGS’ Virginia McGuire.

“If you were a farmer in this area you would have known about the 2012 drought and you would have known about increased pumping in that time-frame,” McGuire said.

In parts of western Kansas and northern Texas, the aquifer is no longer a reliable or sustainable source for irrigation, which has forced some farmers to change how they use their land.

“They’ve had to make some adjustments in farmers going to dry land farming or maybe changing crop types,” McGuire said. “They’ve definitely had to adjust to the declining water levels.”

Irrigation is meant to supplement rainfall, but many arid parts of the Plains states haven’t received typical rainfall in recent years. Without irrigation, farmers may have to cut back on growing lucrative crops like corn and soybeans, in favor of crops like winter wheat and beans, which can require less water.

More Ogallala Aquifer coverage here.


Robbing our groundwater savings accounts for today’s needs — The Mountain Town News

December 16, 2014

From The Mountain Town News (Allen Best):

Dick Wolfe, Colorado’s state water engineer, recently defined “sustainable groundwater supply” as one that is managed so that recharge matches withdrawals in a way to avoid long-term depletion of the aquifer.

By that definition, Colorado is not, for the most part, using its aquifers sustainably. Nor, for that matter, is most of the nation or world.

That much was made clear at a conference on Dec. 4 that was conducted by the American Ground Water Trust. Andrew Stone, the organization’s executive director, said 14 percent of all water used to irrigate crops in the United States comes from mining groundwater aquifers. This started slowly, but picked up as pumps and cheap energy became available around the end of World War II. The extraction by farmers and cities of water above the rate of recharge is now close to 400 cubic kilometers.

“We are robbing our savings account,” he said.

Driven by population growth and the uncertain effects of climate change, pressures on these subterranean savings accounts will only worsen, he said. This is not inevitable. He cited Los Angeles, which after World War II turned to groundwater exploitation to satisfy growth. “In the 1960s, it was pretty clear that the LA Basin was cruising for big trouble,” he said. But unsustainable exploitation has ended.

Problems of groundwater exploitation are common in many areas of the country, but solutions must be forged locally, “aquifer by aquifer, region by region,” said Stone.

Sobering statistics

The day was littered with fascinating statistics. Jeff Lukas, of the Western Water Assessment, explained that of the 95 million acre-feet that falls on Colorado, only 14 million acre-feet end up as runoff in our streams and rivers. The remainder, 80 million acre-feet, evaporates or gets drawn back into the atmospheric through transpiration. Together, the two are called evapotranspiration, or ET.

This rate of ET will almost certainly rise as the atmosphere warms. In the last 30 years, temperatures have ratcheted up 2 degrees Fahrenheit. Climate models forecast another increase of between 2.5 to 5 degrees by mid-century in Colorado. By mid-century, the hottest summers of the last 50 to 100 years will become the norm.

Too, everything from corn to urban lawns will need 5 to 30 percent more moisture during the longer, hotter summers—assuming precipitation does not increase.

How much precipitation will change as the result of elevated greenhouse gases in the atmosphere remains a mystery. Unlike temperatures, average precipitation in Colorado has not changed appreciably in the last three decades. Climate models have been clear about increasing temperatures, but precipitation remains a flip of the coin.

However, warming alone will drive changes, “pushing both the supply and demand in the wrong direction,” said Lukas. Increased evapotranspiration will reduce runoff and the amount of moisture available to percolate into soils and down into aquifers. Spring runoff has already accelerated and will come one to three weeks earlier.

Bottom line: Hotter temperatures will drive farmers to suck up more subterranean water. If anything, aquifers will recharge more slowly.

Wolfe, in his turn at the microphone, had even more statistics: Of Colorado’s 16 million acre-feet, 10 million acre-feet flow out of state, mostly as a result of compacts governing the Colorado and other rivers.

“That leaves us about 6 million acre-feet in Colorado to use,” he said. This surface water provides about 83 percent of water used in Colorado, and the other 17 percent comes from aquifers, which are tapped by 270,000 wells.

Of this groundwater, 85 percent goes to agriculture, for more than 2 million acres, but there’s also a strong urban component. One in five Coloradans get their water from wells. Most prominent are Denver’s southern suburbs in Douglas County.

Denver’s South Metro

South Metro has been a poster child for living in the moment. It’s affluent and rapidly growing. Served almost exclusively by wells, the residents of Castle Park, Parker and adjoining areas comprise about 6 percent of Colorado’s population but command 30 percent of income. Today’s population of 300,000 residents is projected to grow to 550,000 by mid-century.

Wells have been dropping rapidly, five feet in just one year in Dawson, one of the aquifers.

Eric Hecox, executive director of the South Metro Water Supply Authority, explained that it was always understood that wells would not last forever. The area had hoped to benefit from Denver’s Two Forks Dam, which was to have been filled primarily by expanded diversions from the Western Slope.

Two Forks was sunk by environmental concerns in the early 1990s. Inconveniently, Douglas County surged in population, routinely landing in the top 10 of the nation’s fastest-growing counties, a distinction that only lately has abated.

Other projects have also nudged the South Metro area off its exclusive dependence on groundwater, but even collectively they do not provide the answer. Hecox called for continued efforts to pinpoint needs while creating a new generation of partnerships and infrastructure.

Can South Metro’s needs for sustainable water supplies be answered by building a giant pipeline from Flaming Gorge Reservoir, on the Utah-Wyomng border? That idea was proposed in 2006 by entrepreneur Aaron Million, and then echoed by Frank Jaeger, the now-retired director of Parker Water and Sanitation District.

Hecox said the Bureau of Reclamation study about water availability from Flaming Gorge has not been completed. That study will provide the 14 members in Hecox’s South Metro coalition “base information on which to decide whether we want to pursue it any further,” he said.

Two key agriculture areas

Two agriculture areas in Colorado that rely upon aquifers are in arguably worse shape. The San Luis Valley has an area called the Closed Basin. With the arrival of electricity to farms in the 1950s, large-scale pumping began and, for a number of years, all went well, said Steve Vandiver, general manager of the Rio Grande Water Conservation District.

Despite earlier hints of problems, the magnitude of over-pumping started becoming apparent in 1998. One million acre-feet had been pumped from the aquifer above the amount of recharge. Figuring out what to do took time and negotiation. “There have been rocks thrown from every quarter,” he said.

The plan now in place has cut pumping by 30 percent during the last three years. The amount of irrigated acreage has declined from 175,00 to 150,000 acres. Water use on those remaining acres has been reduced in some cases by planting different, less water-intensive crops and also by using different irrigation methods.

Up to 300,000 cubic feet per second of water continues to be pumped on the fields in the Closed Basin on hot summer days.

And the Ogallala….

The Ogallala Aquifer is perhaps America’s best-known story of groundwater depletion. It extends over parts of eight states, from Texas to South Dakota, and the aquifer has declined at a shocking rate in several of those states, but more slowly or not at all in places, especially the Nebraska Sand Hills.

The Republican River Basin of northeastern Colorado is emblematic of many. Farmers working with local districts and the state government have been shifting the paradigm. Whether they’re shifting rapidly enough is an open question.

The river and its tributaries originate on the high plains, gaining no benefit from mountain snowpack. Yet this region had 480,000 irrigated acres in an area where annual precipitation is only 17 inches a year.

The key: mining the Ogallala. In the late 1970s, Colorado began taking action to slow the unsustainable over-pumping, but more radical measures were triggered by the need to comply with the interstate compact governing the river shared with Nebraska and Kansas. Colorado was forced to release more water downstream.

It did this partly by abandoning Bonny Reservoir, eliminating the evaporative losses. At greater expense, the district constructed an expensive pipeline and now pumps water—ironically from wells—to release into the Republican River at the state line. The total cost of the pipeline and the purchase of water rights was $48 million.

Much is being done to steer the Titanic away from the iceberg of exhausted aquifer water, but Deb Daniel, general manager of the Republican River Water Conservation District, suggested the magnitude of the challenge when she said: “Sustainable, that’s a scary word where I come from.”

(For a story I recently wrote about the Ogallala in Colorado, see the Headwaters Magazine website).

Wells along the South Platte

Unlike everything else said in the day, several speakers argued that not enough pumping has been occurring along the South Platte River. Their solution: more reservoirs and also more acreage returned to production.

Robert A. Longenbaugh, a consulting water engineer, pointed to 400,000 acre-feet average annually flowing into Nebraska above the compact requirement. “I call that a waste of water,” he said. At the same time, he and others pointed to reports of basements in Weld County getting flooded because of rising groundwater levels.

Even in the 1960s, a Colorado law was adopted that formally recognized that aquifers and surface streamflows comingled waters . In other words, if you have a well a quarter-mile from the South Platte River at Greeley and pump it, that might mean less water in the river as it flows toward Fort Morgan.

The drought of 2002 forced the issue, and in 2006 the state put well irrigators into the priority system. In 2012, a hot and dry year, many wells had to be shut down and corn and other corps left to dry up. Longenbaugh called for changes.

“Strict priority administration of ground and surface rights does not maximize the beneficial use,” he declared. Instead, he wants to se a “real-time management of the South Platte, to monitor surface and ground water and “make short-term decisions” looking out six months ahead while still maintaining the priority-appropriation doctrine that is the bedrock of Colorado water law.

A panel of state legislators later in the day acknowledged varying degrees of agreement with Longenbaugh’s statement. Sen. Mary Hodge, a Democrat from Brighton, described a pendulum that went from “too lax” to now one of being “too stringent.”

Sen. Vicki Marble, a Republican from Fort Collins, described the situation as deserving of an “emergency measure.” She later added: “We should let people self-regulate,” while suggesting that the wells should be allowed to pump. “It’s their right,” she said.

More groundwater coverage here.


Cooperative water agreement signed with Colorado, Kansas and Nebraska — High Plains/Midwest Ag Journal

November 29, 2014

Republican River Basin by District

Republican River Basin by District


From the High Plains/Midwest Ag Journal:

Reflecting a new spirit of cooperation, Colorado, Kansas and Nebraska recently have reached an historic agreement during a special meeting of the Republican River Compact Administration. Representatives of the states have signed a resolution, approving operational adjustments in 2014 and 2015 under the Republican River Compact that will benefit water users throughout the Basin and set the administration on a course to find long-term solutions to persistent problems.

Chairman Brian Dunnigan, Nebraska Director of the Department of Natural Resources, cited recent comments by U.S. Supreme Court Special Master William J. Kayatta, who encouraged the states to work toward greater consensus for administering the waters of the Basin. “It is in that spirit that the states have negotiated the resolution that was approved today,” said Chairman Dunnigan.

The signed agreement addresses the operational adjustments address how water is administered for the benefit of irrigators in the Basin. It provides Nebraska with 100 percent credit for water delivered from augmentation projects to Harlan County Lake prior to June 1, 2015, and the delivered water is for exclusive use by Kansas irrigators.

The agreement is in addition to two cooperative agreements signed in October. Together, these three agreements change the traditional ways the compact has been previously interpreted and implemented for a more cooperative approach.

Kansas Commissioner David Barfield acknowledged the new resolution comes on the heels of another mutually acceptable pair of resolutions signed in October in Denver, Colorado. “Approving the resolutions will bring significant benefits to the states by preserving the remaining water supply in Harlan County Lake and providing additional certainty to water users throughout the Basin.”

“These resolutions reflect the states’ strong resolve on these matters,” said Dick Wolfe, commissioner from Colorado. “We know there is additional work to do, but we are moving in the right direction to reach long-term agreements that are fair to all parties and reflect good management of the Basin’s water supply.”

At an Oct. 22 Republican River Compact Administration meeting in Denver, Colorado, two of the agreements were signed. One of the agreements ensured the Kansas Bostwick Irrigation District in north central Kansas will have a viable irrigation water supply for the 2015 growing season while providing Nebraska certainty of the effectiveness of its compact compliance efforts. The other agreement ensured Colorado and Kansas will work towards improving Kansas’ water supply on the South Fork Republican River while authorizing Colorado to receive credit in the Compact accounting for operating its augmentation project on the North Fork Republican River.

More Republican River Basin coverage here.


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