3.3.05
Panel seeks to plug holes in water law
by David Hendee, Omaha World-HeraldKEARNEY, Neb. -- A few legislative fixes to Nebraska's new water policy could come next year, including one to address concerns of western communities struggling with water issues.
The Nebraska Water Policy Task Force formed a group Wednesday to meet with the League of Nebraska Municipalities and resolve the first clash between some cities and the state over a water law approved last year as Legislative Bill 962.
The group also got a pep talk from Gov. Dave Heineman. The governor and Lt. Gov. Rick Sheehy stopped by to make their first visit to the task force.
Heineman asked for help in persuading the Legislature's Appropriations Committee to include the task force's $4.5 million request in the state budget.
Heineman said state senators trust and respect the task force members. Resistance among committee members to fund water-saving projects to pay farmers to not irrigate land is based on lack of information, he said.
"They know you're the experts on water. They just need to hear from you," Heineman said.
At issue in the dispute between some cities and the new water law is LB 708, a bill supported by the league. The bill would exempt cities from regulations - particularly by local natural resources districts -- on drilling water wells.
Several western cities led by Sidney say the new law does not adequately protect their responsibility to provide water for public and industrial use.
David Cookson, an assistant attorney general, said the issue boils down to municipalities seeking certainty that water will be available for growth, development and survival.
Gloria Erickson of Holdrege, a member of the task force, said that if the water law is reopened to address the certainty issue then recreational, environmental and other interests may say, "Me, too."
Brian Barels of Columbus, who represents the Nebraska Public Power District on the task force, said that public power districts would want to be included.
Don't forget agriculture, said Dan Smith, manager of the Middle Republican Natural Resources District.
LB 708 was drafted on behalf of Sidney and other communities in drought-stricken western Nebraska that are fearful of losing economic development opportunities if they can't guarantee enough water to prospective companies. The cities say that agriculture-dominated NRDs have too much power and can stop them from drilling wells.
Curt Friesen, a task force member from Henderson, said he put little stock in Sidney's concerns. He said Sidney's lack of planning led to its conflict with the South Platte NRD.
Sidney officials say the NRD allowed nitrates from years of over-fertilizing cropland to contaminate the community's aquifer and then allowed unregulated irrigation development to deplete the water source.
The city has feuded with the NRD over developing a new well field to serve the community.