| Implementation
of Legislative Bill 962
The
State of Nebraska has designated the entire North Platte Natural
Resources District, including Banner, Garden, Morrill, Scotts
Bluff and southern Sioux counties, as either a fully-appropriated
or over-appropriated river basin.
The
result of these designations:
1. An immediate stay prohibiting the expansion of irrigated acres.
2. An immediate stay prohibiting the construction of new water
wells with a capacity of more than 50 gallons per minute.
3. The NRD, along with the Department of Natural
Resources, will develop an Integrated Management Plan for water
in the North Platte Basin over the next three to five years (by
2010). The plan will be developed with input from a Stakeholders
Group, as well as public input.
Stays
on wells, acre expansion follow designations
An
NRD-initiated moratorium on new wells had already been in effect
since 2002, but the stay on expansion of irrigated acres took
effect this July 26, 2004.
The
Department of Natural Resources issued the fully-appropriated
and over-appropriated river basin designations pursuant to Nebraska
's new integrated management water law, Legislative Bill 962,
which took effect in July of 2004.
DNR
also has issued similar notices in several other river basins
around Nebraska , including the Republican, South Platte , Platte
, and Niobrara .
On
July 16, 2004 the Department of Natural Resources notified the
North Platte NRD of its fully appropriated status. This affects
the entire NRD except for the Pumpkin Creek Basin Ground Water
Management Sub-Area.
On
September 15, 2004 the Department issued an order designating
the entire Platte River Basin above the Kearney Canal Diversion,
including Pumpkin Creek, as over-appropriated. This order included
a description of the area within which the Department has determined
that surface water and ground water are hydrologically connected.
The accompanying map indicates that area within the North Platte
NRD.
View
the map on DNR's web site by clicking here.
The
stay on the expansion of irrigated acres prohibits the use of
existing wells to increase the number of acres historically irrigated
prior to July 26, 2004 .
Since
2002 the NRD has had a temporary suspension on permits for new
wells over 50 gallons per minute. LB962 has transformed the temporary
suspension into a stay on the issuance of new permits.
Exceptions
to the stay on new wells:
1.
Test holes;
2.
Dewatering wells with an intended use of one year or less;
3.
Monitoring wells;
4.
Wells constructed pursuant to a ground water remediation plan
under the Environmental Protection Act;
5.
Water wells designed and constructed to pump 50 gallons per minutes
or less;
(no
two or more water wells that each pump 50 gpm or less may be connected
or otherwise combined to serve a single project such that the
collective pumping would exceed 50 gpm);
6.
Water wells for range livestock;
7.
Wells necessary to alleviate an emergency situation involving
the provision of water for human consumption or public health
or safety;
8.
Replacement water wells (but the consumptive use can be no greater
than the historic consumptive use of the water well it is to replace).
Natural
resources districts administer and enforce the ground water provisions
in Nebraska law, such as issuing permits to drill wells and placing
controls on ground water users to prevent shortages or contamination.
The
Department of Natural Resources administers surface water provisions
in state law. DNR gave notice that there is also a stay on all
new surface water appropriations in the river basins affected
by the notices.
IMP
to be Developed
As
a result of the DNR's designations, the department and the North
Platte NRD will work together to prepare an integrated management
plan (IMP) for the entire NRD. The law gives the NRD and DNR three
years to develop the plan, after consultation and collaboration
with irrigation districts, reclamation districts, public power
and irrigation districts, mutual irrigation companies, canal companies,
and municipalities that rely on water from within the affected
area. An extension of up to two years is allowed.
By
statute, a key goal of the integrated management plan will be
to balance water uses and water supplies so that the economic
viability, social and environmental health, safety and welfare
of the basin can be achieved and maintained.
In
the over-appropriated portions of the basin, the goal will have
to be to restore, in an incremental manner, that basin to the
fully appropriated status.
An
over-appropriated basin is one where the extent of development
is not sustainable over the long term. In other words, the already
permitted uses are in excess of what can be supported by the water
supply.
Because
the over-appropriated portion of the Platte Basin involves several
NRDs in addition to the North Platte NRD, an overall basin-wide
plan will also have to be developed in cooperation with all NRDs
and the department.
Process
began in 2002, before LB962
Some
preliminary steps have been taken towards developing an integrated
management plan.
Since
late 2003, the NRD board has been meeting with DNR representatives
and a stakeholders group representing groundwater irrigators,
surface water irrigators, industries, livestock feeders, municipalities,
counties, environmental, economic development, the financial segment,
and Sand Hills ranchers.
The
integrated management planning process really began nearly two
years ago, well before LB 962 was even drafted. In 2002 the NPNRD
Board of Directors took the initial step, requesting that the
state of Nebraska consider working with the NRD to develop a plan
that would combine management of underground water and surface
water.
At
that time, Nebraska's existing law provided for establishment
of integrated management in areas where the use of hydrologically
connected groundwater and surface water resources was contributing
to, or was likely to, contribute to, conflicts between groundwater
users and surface water appropriators, disputes over interstate
compacts, or decrees, or difficulties fulfilling formal state
contracts.
In
much of the North Platte Valley , there is a strong connection
between groundwater and surface water. Seepage from irrigation
canals helps recharge underground aquifers. This groundwater eventually
empties back into tributaries or to the North Platte River itself.
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