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Kansas seeks $72M from Nebraska over river By JOHN HANNA Associated Press Writer Article Last Updated: 04/22/2008 04:30:30 PM MDT TOPEKA, Kan.—Kansas demanded Tuesday that Nebraska pay more than $72 million for taking too much water from the Republican River, but Nebraska's attorney general said the figure has "no basis in reality." Kansas officials already had proposed that Nebraska cut pumping from wells in its portion of the river basin to comply with a 2003 U.S. Supreme Court decree governing water use. The dispute could go back to the nation's high court early next year if the two states can't resolve their disagreements. Kansas contends Nebraska's water use exceeded what was allowed for 2005 and 2006 by nearly 26 billion gallons, or nearly enough to supply a city of 100,000 for 10 years. Nebraska officials acknowledge some past overuse but contend they've taken steps to comply with the court decree. The latest demand came from David Barfield, the chief engineer for Kansas' Division of Water Resources, in a letter to Brian Dunnigan, the acting director of Nebraska's Department of Natural Resources. Barfield said forcing Nebraska to pay Kansas would give Nebraska an incentive to comply with the court decree. He noted that the states continue to monitor water use and said Nebraska remained out of compliance last year. "We're after compliance," Barfield said during an interview. "They're only going to be motivated to comply if there's some consequence." Nebraska Attorney General Jon Bruning said the method Kansas used for calculating the payment has been rejected in other water litigation. He said in a statement that Nebraska is committed to resolving the dispute but, "We're disappointed to receive a damage claim that has no basis in reality." The dispute is before a commission set up to administer a 1943 compact on the river among Colorado, Kansas and Nebraska. If it doesn't resolve the disagreement, Kansas must seek arbitration before turning to the Supreme Court again. Barfield's letter said Kansas estimated that Nebraska received economic gains of $63 million by not complying with the compact. He added 15 percent to that figure to cover Kansas' legal costs and create an incentive for Nebraska to comply, to reach $72 million. "Nebraska's failure to comply with the compact continues to hurt Kansas farmers and communities," Kansas Attorney General Steve Six said. "We are looking for a way to bring Nebraska into compliance and deter them from continuing to ignore the compact in the future." But Bruning said Kansas has not provided information that Nebraska has repeatedly requested, detailing the damages Kansas has suffered. North and south forks of the Republican flow from northeast Colorado into Nebraska, converging just over the border. The river then flows through southern Nebraska into north-central Kansas and Milford Lake northwest of Junction City. Its basin covers almost 25,000 square miles. The 1943 compact allocated 49 percent of the river's water to Nebraska, 40 percent to Kansas and 11 percent to Colorado. In 1998, Kansas sued Nebraska, alleging its neighbor to the north violated the compact by allowing thousands of wells to tap the river and its tributaries. The three states settled that lawsuit, and the Supreme Court's decree approved the settlement. But Kansas officials have continued to complain that Nebraska is taking too much water. In December, Kansas proposed shutting down wells in Nebraska within 2.5 miles of the river and its tributaries, as well as land in the basin where irrigation started after 2000. Those wells supply about 42 percent of the 1.2 million acres in Nebraska's portion of the river basin. "They are working, but they are not there yet, and so we have to keep pressing until they get there," Barfield said. But Bruning said Nebraska doesn't expect to use its full share of Republican River water in 2008. He also said some farmers in the river basin have used up to 30 percent less water than they were allocated in recent years. ——— Associated Press Newsman Nate Jenkins in Lincoln, Neb., contributed to this report. On the Net: Kansas Division of Water Resources: http://www.ksda.gov/interstate—water—issues/ Kansas attorney general: http://www.ksag.org Nebraska Department of Natural Resources: http://www.dnr.state.ne.us/ Nebraska attorney general: http://www.ago.ne.gov/

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In the News 

Water Projects Bill hearing at the Senate Agriculture Committee

The report on the RRWCD quarterly meeting on April 18, 2008

There was a lot a discussion on the pipeline and all of the issues and details surrounding it. The RRWCD is working on getting the easements and are currently working with all of the effected landowners.  There was some talk of using the county right of way but only if necessary.  

Details on the design of the pipeline included that it will first utilize 8 wells that will pump 1,500 gpm that are a fair distance apart from each other.  The other 7 wells are designated for future use when needed. The upper 7 miles of pipe will be a low pressure pipe and the bottom 5.5 miles will be a mixture of low and high pressure. The outfall structure will be located approximately a half mile from the state line. They are running cost analysis on different size of pipe.  A 36 inch pipe will allow for 15,000 acre feet of capacity maximum.  A 42 inch pipe will allow for 25,000 acre feet if capacity for an additional cost $1,454,000.

Using the pipe line to produce Hydro power was also discussed.  It has been researched by the RRWCD engineering committee and GEI.  They concluded that from an economic standpoint it would not be beneficial at this time and recommended to the board not to move forward. The board agreed with the recommendations not to pursue this idea.

The Board approved to hire a pipeline coordinator to assist the district with all of on the ground particulars in designing and construction of the pipe.

They spoke about the Compact Administration meeting.  See CAPA’s article for more information Republican River Compact Administration Meeting March 2008 .  There will be another Republican River Compact Compliance meeting in Lincoln NE. on May 11.

Nebraska's Ann Bleed departs abruptly from Gov. Heineman's administration effective immediately 3/24/08  click to see article

Republican River Compact Administration Special Meeting March 2008

The Republican River Compact Administration Meeting was held March 11^th and 12^th in Kansas City Missouri Colorado was represented by Peter Ampe out of the Attorney Generals office, State Engineer Dick Wolfe, Depute State Engineer Ken Knox and Megan Sullivan also from DOWR.  Alexandra Davis from Division of Wildlife was in attendance.  There were many members of the Republican River Water Conservation District (RRWCD) present including Dennis Coryell, Kim Killin, Rick Seedorf, Bruce Latosik, Garry Kramer, Greg Terrell, Manager Stan Murphy, Hydrologist Jim Slattery and Attorney Dennis Montgomery.  Greg Larson a hopeful RRWCD board member candidate from Logan county was also present. Bethleen McCall represented the Colorado Agriculture Preservation Association (CAPA).  Yuma County Commissioner Robin Whiley and President of Colorado Corn Growers Association Byron Weathers were in attendance on the second day. 

The first day consisted of discussion about Nebraska and Kansas disputes about the model runs.  Nebraska argued that they had made several model runs with significant differences in the outcome compared to Kansas results.  There was also discussion about whether the non federal reservoirs below Harlan County Reservoir are excluded from the accounting process in the model.   Kansas asked if Nebraska had come to the conclusion that they were not accountable for past noncompliance.  Anne Bleed replied that Nebraska has not come to that conclusion and that was simply a misunderstanding.   She did say that Nebraska would like a better understanding of how much Kansas was thinking for damages she asked if it was hundreds or billions.  Kansas replied that there must be some type of compensation to discourage future non compliance and hinted that it would either be Kansas loss or the other states benefit whichever was greater.  Dick Wolfe interjected that Colorado would like to see the compensation go to deal with a solution toward compliance such as a compact compliance pipeline.  Nebraska also mentioned several times that they are focused on a 20% reduction in pumping basin wide to get into compliance.  Kansas was not thrilled with Nebraska’s plan for purchase of surface water and said it was not a long term solution due to the fact that they can not be sure that the surface water will be there in the future.  Ken Knox asked Nebraska for some numbers regarding phreatophyte removal.  Nebraska also mentioned that they are considering installing a compact compliance pipeline to augment their deficit.  They have requested that representatives from the RRWCD provide guidance.  There is a tentative meeting scheduled for late March. 

Day two Ken Knox presented Colorado’s proposal on the compact compliance pipeline.  Ken proved to be a true advocate for the people of Colorado and especially the irrigated farmers.  He spoke about local efforts being the driving force behind the compact compliance pipeline.  Knox also said that “Colorado recognizes its ability and responsibility to comply with the Republican River Compact Settlement”. He stated that the water users in the basin are baring the full financial burden and also spoke about the careful consideration taken on the placement of the wells and pipeline.  Stating that the sand hills have the highest recharge rate in the basin and that Colorado wanted to ensure that the pipeline will operate as long as possible.  He explained that the capacity to the pipeline will begin at 15,000 ac/ft and could reach a maximum of 25,000 ac/ft  He said there is a contract on 58 wells that have 66 well permits and they will change the use from irrigation to compact compliance, they will also do a variance request to change the location of the wells and combine them into 15 wells.  Eight of those being the primary wells and seven will be secondary or “back up wells”.  Colorado also pans to construct a storage facility that in the event of a power outage will be capable of operating at 2/3 capacity for approximately 2 hours.   Up next was President of the RRWCD, Dennis Coryell, first he introduced members in the audience from Colorado.  He pointed out that Colorado is in a unique situation compared to Nebraska due to the fact that Colorado could curtail all stream flow and shut off nearly every well in the basin and still not be in compact compliance.  So he said that Colorado had to look at artificial means to augment the river and keep irrigated production in the Republican River Basin of Colorado.  He stated that the RRWCD had been aggressive in the purchase of water rights on the South Fork of the Republican and mentioned measurement rules that will eventually help develop long term conservation methods.  He explained the process RRWCD has undergone including the feasibility study, financial planning and mentioned that at the Colorado State Capitol the very same day that they are perusing a low rate loan through the water projects bill.  He also mentioned that our CREP program is permeate unlike Nebraska’s.

President Coryell said that he wanted to speak from his heart for a moment and stressed that water users in the basin are the ones shouldering the financial burden.  He also stated that there are approximately 2,500 family farms operating in the basin.  He said, “It’s not just about water districts and states but we are hear today for the individual farmers, their families and the communities that depend on them.  We are committed to the installation and operation of this pipeline if you commission will allow us to do so.”

Kansas responded saying they will be diligent on responding to Colorado and the settlement does allow for the installation of a compact compliance pipeline.  Nebraska said they are optimistic to work things out.  Both states said that they were in favor of the concept of the pipeline and there are details that need to be worked out but they will issue final approval hopefully in June of this year.  There are two upcoming meetings scheduled both in Kansas City one on April 11^th and another on May 15^th. 

Governor Ritter hosts a town hall meeting in Wray

The Governor of Colorado hosted a town hall meeting in Wray at Morgan Community College on Friday February 15th.  He said several positive things concerning the water issues the Republican River Basin faces.  He said he is in favor of the concept and funding of a compact compliance pipeline.  He also said that he had spoken with the Governor of Kansas and asked them not to peruse legal action yet to give us some more time to develop solutions.  CAPA was expecting to see Kansas file suit the first week in January of this year and they still have not.  He said he would like to see the Division of Wildlife get out of the Pioneer Ditch lawsuit.  He also said that he and his office will do everything that they can to assist residents of this basin avoid involuntary well curtailment. 

CAPA Meets with RRWCD

CAPA was invited to speak with the RRWCD board during their regular quarterly meeting held 2/26/08.  The RRWCD asked about CAPA's position on the Lock Out Program regarding private land owners not allowing access to DOW for any services included but not limited to inventories, hunting, and surveys.  CAPA has not taken an official position on the Lock Out Program at this time.  RRWCD reported that they also have not taken an official position.  

The RRWCD will be meeting with county commissioners in the basin to explore the possibility of an election on some type of additional fund raising so the burden will not be solely on water users, possibly a bond or sales tax. 

Our members asked if there is a possibility for the RRWCD to go after grants to offset the cost of the pipeline and other projects in the future.  They said that they are limited to 10 percent of the total operating budget for acquiring grants however there may be an opportunity for other organizations to offset the costs by paying invoices on behalf of the RRWCD. 
 
President Coryell said that he was pleased we had met with Progressive 15 and encouraged us to continue developing relationships with various organizations that could benefit the residents of the basin. 

The need to have producers and concerned people at the Kansas City commission meeting on March 11th and 12th to voice support for pipeline approval was spoken about. 

RRWCD offered to share their White Paper for the Compact Compliance Funding in the Water Projects Bill.  CAPA will have our lobbyist assist with passing of the funding of the Water Projects Bill.  RRWCD expressed their appreciation for the efforts of CAPA's members and board.  

CAPA brought up the topic of conservation issues (terracing, lined ditches, stock ponds, etc) in the Arkansas Valley as pertains to return flow to the river.  Suggesting that it may set a precedence for other areas.  RRWCD's attorney assured us that would only deal with the Arkansas Valley as those conservation measures are included in their interstate compact, he has worked for the state of Colorado for a number of years on the Arkansas Valley compact. 

They also talked about their trip to Washington DC and information learned.  If the  Farm Bill passes by 3-15-08 otherwise they will extend current bill or revert to 1949.  If a new bill is not passed there will be no new Conservation Reserve Enhancement Program (CREP) or Environmental Quality Incentives Program (EQIP) sign ups for voluntary well curtailment.  All of the congressmen they talked to were aware of the Republican River issue and stressed conservation.  CAPA asked if they had looked into advocating for when a new Conservation Security Program (CSP) is available in Colorado if they are planning on advocating that the Republican River Basin is the watershed that receives funding in Colorado.  They said that they will do some more checking into the program but their initial reaction was positive. 

CAPA and RRWCD plan to work together on the Water Projects Bill and some other issues that may arise in the future. 

The Following Graph was prepared by RRWCD's Engineer Jim Slattery