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Friday, January 22, 2010

"Nebraska groundwater irrigation subject of 3 new bills"

(LINCOLN JOURNAL STAR) The Lincoln Journal Star reports, "More checks on irrigators could be imposed in Nebraska to help preserve the state's groundwater supplies. Three irrigation-related bills were introduced to the Legislature on Thursday by Sen. Tom Carlson of Holdrege."



The bills introduced are:

LB 1054 would codify in state statute a definition of "correlative rights" that, up to this point, has been defined by case law and discussed most recently in the landmark Nebraska Supreme Court decision Spear T Ranch v. Knaub, 269 Neb. 177 (2005). The bill would enforce this statutory correlative rights doctrine to groundwater "within a river basin when the Department of Natural Resources or a [natural resources] district determines it is necessary to comply with state or federal agreements or compacts." The thrust of the bill is to provide authority for an equal reduction in irrigation allocations to all irrigators in times of shortfall, and to provide compensation to landowners only if allocations are reduced to zero.



LB 1056 requires monitoring of aquifer levels in each river basin and compare them to a base year of 1963. If there is a depletion of ten to twenty percent, meters and allocations for irrigation are required to be imposed on irrigators. If the depletion is twenty to thirty percent, landowners in the area may use no more than fifty percent of their annual irrigation allocation. If the depletion is greater than thirty percent, irrigators could use none of their annual allocation for irrigation.



LB 1057 would create the "Republican River Basin Water Sustainability Task Force," tasked with finding ways to avoid "water short years," the trigger in the Republican River Compact that requires stricter water allocations.