Former DNR chief laments late action on water

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By The Associated Press

KEARNEY --  A former Department of Natural Resources director says that despite ongoing drought and overappropriated basins, Nebraska’s water problems aren’t so bad.

“I’m not aware of any state in the West without water challenges,” said former director Roger Patterson. “It comes with the territory.”

But earlier implementation of integrated water management measure from a law (LB962) passed by the Legislature in 2004 would have helped, Patterson told Central Nebraska Public Power and Irrigation District board and staff members during a staff retreat.

“If LB962 had been passed 10 years sooner, we wouldn’t have these problems,” Patterson said. “But we didn’t. We are where we are. Nebraska just didn’t come to grips with this soon enough.”

Measures required to hold down consumption in places where supplies were overtaxed involve incentives and regulations.

“Incentives take money, and regulations take backbone,” he said.

But money has been hard to come by, he said. His biggest disappointment is the failure of the Nebraska Legislature to dedicate a source of state money to fund programs.

Pressure for the state’s 23 natural resources districts and the Department of Natural Resources to act is coming from several directions — particularly due to the ongoing drought.

In the Republican River Basin, the state is struggling with a three-state compact for water use.

The Nebraska Natural Resources Department has estimated that Nebraska used 42,000 acre-feet more Republican River water than allowed in 2005. In 2003 and 2004 combined, Nebraska used 62,000 acre-feet more than its allocation.

Members of the Nebraska Bostwick Irrigation District voted recently to sell their 2006 water allotment down the Republican River to Kansas for about $2.5 million.

The state of Nebraska will pay Bostwick landowners about $100 per qualified acre.

Last August, Patterson’s last day as director was relatively controversial: He signed off on criteria to set boundaries for fully appropriated basins that included the 10-50 formula, which bans pumping a well if, over a 50-year period, it would deplete a river by 10 percent or more.

The NRDs preferred a 28 percent-40-year formula.

Central Irrigation officials said they’re concerned the measure left NRDs to regulate groundwater use that reduces stream flows.

Patterson advised district officials to negotiate with groundwater users and emphasized that state funding is also needed.

“If you take (LB962) and you get the Legislature to provide the funding, you can make things work, even in the Platte and the Republican basins,” he told the Central Nebraska Public Power and Irrigation District officials.