By Russ Pankonin
The Imperial Republican
Irrigators in the Upper Republican Natural Resource District already figured they were facing a reduced irrigation allocation for the 2005 crop year.
If the draft of an Integrated Management Plan for the district is adopted as proposed, the allocation will drop from 14.5 inches per year for 13.5 inches for the next three years.
The move being proposed by the URNRD board is one tool among several to enable the district to comply with terms of the Republican River Compact Settlement.
For nearly a year, the NRD has been negotiating with the Nebraska Department of Natural Resources on moves the district may have to make to come in compliance with the RRCS.
At a Tuesday, Jan. 11 meeting in Imperial, the URNRD board released, for the first time, a draft of the proposed IMP and rules and regulations.
Board Chair Greg Pelster of Elsie emphasized to the crowd that the proposal was still a "draft."
He explained they have not released any details of the plan due to the sensitive nature of the negotiations with DNR. Although, many farmers were already expecting the reduction in allocation.
He said DNR asked the district to reduce their pumping by 5 percent and the board feels the reduction in allocation will enable the district to achieve that goal.
What if?
What happens in the event that the URNRD or other basin NRD doesn't meet the goal, or if a water-short year is declared and more cuts are needed proved to be a concern of irrigators present.
Board member Dean Large of Wauneta, a member of the board's five-man negotiating team with the state, said they worked hard to insure that the URNRD does not bear an unfair share of cuts or make up for other district's non-compliance.
"That's the number one thing that this negotiating committee really worked hard on-the protection from the other districts," he said.
"That's why it has taken us so long to get this released in draft form," he said. "It's not totally done but it's close."
Large is joined on the committee by Pelster, Terry Martin of Benkelman and Tom Terryberry and Kenny Owens, both of Imperial.
One of the goals written into the IMP states the URNRD assume its share in compliance, "but only their share."
Another section spells out that URNRD water users will not take responsibility for the "failure of other districts to adopt, implement or enforce IMPs adequate to meet their proportionate share . . . ."
Jasper Fanning, URNRD manager, said he feels the intent of the language in the IMP will protect the district's water users but legal counsel continues to review and hone the language to insure this.
Carryforward remains intact
Irrigators in the URNRD would retain and be able to use their carryforward inches under the proposed plan in normal years.
However, if a water-short year is declared by DNR, the plan does not spell out what specific actions will be taken by the district under such a declaration.
Fanning said the board will likely deal with those issues prior to the spring of 2006, which could be the first possible water-short year.
A water-short year is based on several factors outlined in the RRCS, including the amount of water available in Harlan County Reservoir near Alma.
At present, the low level of water in the reservoir would trigger a water short year in 2006.
Fanning said the board will likely look at what options could be used, such as acreage retirement, to help stay in compliance.
Retirement programs
One way to possibly reduce consumption would be by the reduction of irrigated acres.
The state is already offering a four-year retirement plan, called Environmental Quality Incentive Program, to land located near Republican tributaries.
State and federal agencies have adopted a map outlining wells and land that fall within this targeted area, which is approximately 2.5 miles from a river, stream or tributary.
Another federal retirement program may be offered but has yet to be approved in Congress.
Some fear that wells in these quick response areas could be shut down by the state if additional cuts are needed in water-short years.
Terryberry said the URNRD doesn't want the state to come in and do that. "These producers can't afford to be shut off," he said.
By being proactive with the plan now, he hoped the district would not be forced to make any drastic changes later.
Mike Bauerle of Champion urged the board not to adopt the quick response map as part of the IMP.
He said other data from the U.S. Geological Survey and state hydrologist doesn't concur with the DNR's map derived from a complex water model.
"I'd hate to see this board put their stamp of approval on that," he said. Bauerle could be one of the landowners affected by actions against quick response wells.
WaterClaim wants revision
Steve Smith, head of Imperial-based WaterClaim, urged the board to look at further revision in the IMP draft.
WaterClaim has established itself as a watchdog and critic in the water arena and has been active in developing alternatives to meeting compliance issues.
Smith feels the draft gives the state a "blank check" and does not give the district enough protection against the non-compliance of other basin NRDs.
He believes the draft commits the URNRD to make further cuts than already proposed.
The Middle and Lower Republican NRDs have been allowed to add usage while the Upper has been asked to reduce their usage. "That doesn't seem fair," he said.
Public hearing required
Fanning said the negotiating committee is reviewing ideas presented at last week's meeting.
However, they are still awaiting feedback from DNR on the proposed rules and regulations that will be adopted with the IMP. Until that comes back, there's not likely to be much progress.
Before the IMP and rules and regs can be adopted, a public hearing must be held first. As of Tuesday, no date for a hearing has been set.