Cooperative agreement seen as solution to saving imperiled species
digg it!
Facebook
del.icio.us
Seed Newsvine
Fark It
Reddit
BY ALGIS J. LAUKAITIS / Lincoln Journal Star
They call it a cooperative agreement. The problem: It's been tough to get people to cooperate, and so far there's no final agreement on what should be done to help four endangered or threatened species survive along the Platte River in central Nebraska.
It's been nearly eight years since Nebraska, Colorado, Wyoming and the U.S. Department of Interior signed the agreement to address habitat and water issues in the Platte River basin. The agreement covers the North and South Platte Rivers and the Platte River.
All three states are involved because they store and use water from the rivers that make up the Platte system. In doing so, they affect the amount of water that flows downstream, and consequently the habitat for the whooping crane, piping plover and interior least tern birds and the pallid sturgeon fish.
Water and land are at the heart of the disagreement.
Environmental groups and some government agencies want water and land set aside to improve wildlife habitat. Farmers, ranchers and others who rely on the rivers for irrigation and drinking water fear losing water and land - and maybe their livelihoods.
Terry Lauby, who farms in the Lexington area, doesn't think much of either the cooperative agreement or the Endangered Species Act. He believes extinction is a "normal process of life."
"The problem I have with it is we have mankind trying to regulate a God-given commodity and it ain't going to work," Lauby said. "When man starts regulating a natural resource it usually ends up being a disaster and I'm afraid that's what's going to happen. I'm afraid they are going to regulate it to death."
The three states have good reasons to cooperate. First, the agreement will save them millions of dollars. Doing nothing would mean dozens of water projects with federal ties - dams, reservoirs and hydroelectric plants, for example - would be scrutinized under the Endangered Species Act to see if they would jeopardize the four species or their habitat. For example, irrigation districts in Nebraska's Panhandle would have to be examined separately, an expensive and lengthy process. Officials say the program's recovery plan for the four species will help past and future water-related activities in the basin upstream from Columbus comply with the Act.
"The cooperative agreement gives us coverage for everything that we have done," said Roger Patterson, director of the Nebraska Department of Natural Resources. "It also provides recovery actions for these species collectively. Nebraska is not doing it by itself but with Colorado and Wyoming. It keeps us out of jeopardy with the Endangered Species Act."
But some farmers and ranchers don't like some of the proposals, especially the amount of land required. The long-term goal is to obtain 29,000 acres along the Platte between Lexington and Chapman, the area used most frequently by the three bird species and considered to be one of the most important migratory bird areas in the world. The river and its nearby wet meadows provide habitat for millions of migratory birds, including some 600,000 sandhill cranes.
"It's a horrible amount of land that the Cooperative Agreement wants," said Lexington-area farmer Joe Jeffrey. "Nobody stopped to figure the exact amount of land they are asking for when in all reality the birds and farmers are getting along fine."
Water may be the biggest issue.
Environmentalists say decades of building dams, diverting water for irrigation, drilling wells and other developments have reduced river flow and harmed wildlife habitat, especially along the central Platte.
Six years of drought have worsened the situation. What was once a broad, shallow river, with braided channels and sandbars - ideal habitat for the four species - is constricted and clogged with trees and other vegetation in some areas. In the summer, the Platte River is often dry.
In 2003, the National Academy of Sciences reported the loss of habitat throughout much of the United States led to the initial decline in the populations of these four species and their eventual listing as threatened or endangered. Reduced flows and loss of open channel areas in the Platte River have contributed to that decline.
The plight of these four species came to the forefront in the 1980s and '90s during the federal relicensing of Kingsley Dam, which forms Lake McConaughy, the largest reservoir in the Platte basin. Citing the Endangered Species Act, the federal government mandated that conditions be improved for the four species along the Platte, especially in central Nebraska.
Farmer Jeffrey leased about 4,000 acres to the Central Nebraska Public Power and Irrigation District when it went through the relicensing process for Kingsley. He said he also has concerns about water issues, but is not totally against the cooperative agreement.
"It's making the three states talk," he said. "They have admitted we have water problems. Let's talk so we don't get involved in litigation that could cost us millions of dollars."
Tim Anderson, a spokesman for the Central Nebraska Public Power and Irrigation District, also believes the agreement is a step in the right direction.
"What the cooperative agreement does (is) it gives certainty," he said. "Right now there is not certainty."
A governance committee of federal and state officials, water users from all three states and environmental groups has worked on the agreement. After years of meetings and intense negotiations, the group is putting the finishing touches on a species recovery program for the Platte River basin.
Dale Strickland, who heads the committee, said some issues still need to be "fleshed out," but he believes the proposal is ready for review by the U.S. Fish and Wildlife Service, which enforces the Endangered Species Act.
A draft analysis of the proposal's effect on the environment is under review, and a final document should be ready by October. In November, the U.S. Fish and Wildlife Service should release its biological opinion on whether the proposal meets the requirements of the Endangered Species Act, said Strickland. Once those two things happen, he said, the U.S. Secretary of the Interior will make "a record of decision."
Before it can be implemented, the program must be accepted by the governors of Nebraska, Wyoming and Colorado and the Secretary of the Interior. If all party approve, Strickland said, the program should go into effect in October 2006.
The cost is expected to exceed $200 million, he said. Most of the money will go to buy land, develop habitat and manage water. The federal government will pay half of the cost. The rest will be divided among the three states and water users.
"I would say that the cost is a fraction of what the federal government is spending on basinwide programs across the country,"Strickland said.
Felipe Chavez-Ramirez, director of the Platte River Whooping Crane Trust, praised the cooperative agreement, saying it is a good idea to try to get all three states and a wide variety of water users together to come up with a program.
"But the fact that it has taken so long is worrisome," he "There are problems with some issues that haven't been resolved to everybody's satisfaction."
One of the sticking points is the perception that some surface water users might be losing access, privileges or rights to water.
Chavez-Ramirez said nobody is going to lose surface water rights.
"There's no taking away of any rights. It's just finding better ways to use the water. That's why it's difficult to get there," he said.
The Central Platte Natural Resources District is concerned about how groundwater users would be affected because of the supposed connection between nearby groundwater and water in the river. The district has more than 26,000 wells that provide water for agriculture, homes, cities, towns and industry.
"We want to make sure that groundwater pumpers' concerns and issues are taken into account as this thing is negotiated and that development and groundwater needs are met, too," said district biologist Mark Czaplewski.
Duane Hovorka, executive director of the Nebraska Wildlife Federation, said he is also concerned about the slow progress.
"It's been almost eight years and we may be just running out of time," he said. "If we don't get something in the next few months, it's just not going to happen."
While progress has been made on some issues, Hovorka said, there are still major obstacles. He is concerned that a lot of water development in Nebraska is not addressed in the program, including the impact of wells that are not close to the Platte.
Strickland was cautiously optimistic there will be final agreement on the issues.
"It's a voluntary program. The federal government and any state could back out at any time," he said. "My sense is the parties are more committed now than they ever have been."
Reach Algis J. Laukaitis at 473-7243 or alaukaitis@journalstar.com.
PROPOSED PLATTE COOPERATIVE AGREEMENT
Nebraska, Colorado, Wyoming and the U.S. Department of Interior are putting the final touches on a management program for the Platte River basin. The main goal of the proposal is to improve habitat and river flow to help four endangered or threatened species: the whooping crane, least tern, piping plover and pallid sturgeon. The program - part of a cooperative agreement among the three states and the federal government - would grandfather in water projects built before 1997 so they don't conflict with the Endangered Species Act. It also includes a plan for the recovery of the four species, in compliance with the Act.
Here are some highlights:
* Protect or restore 10,000 acres of habitat along the Platte in central Nebraska between Lexington and Chapman. The Nebraska Public Power District's 2,650-acre Cottonwood Ranch between Overton and Elm Creek would contribute to that goal.
* Manage, lease or acquire an additional 19,000 acres of open channel areas or other suitable habitat along the Platte between Lexington and Chapman, if the program continues after 13 years. Land owned by the Platte River Whooping Crane Trust, Nebraska Game and Parks Commission, Nature Conservancy and the National Audubon Society may be included.
* Improve annual river flow by 80,000 acre feet. The U.S. Fish and Wildlife Service says that could be done by increasing the storage capacity of Pathfinder Reservoir on the North Platte River in Wyoming, storing South Platte River water underground near the Tamarack State Wildlife Area in Colorado and establishing an "environmental water account" in Lake McConaughy, which already has been done. Water stored at all three sites could be released downstream when needed. A basin-wide study of ways to improve river flow by about 60,000 acre feet by conserving water also has been completed.
* All leases and acquisition of land would be undertaken only with willing sellers and participants. Officials say when the program acquires land or sets land aside it won't result in the loss of existing property taxes.
* Evaluate the results of the first 13 years of the program. It could be changed based on data compiled during or after that time. Review by independent scientists will be an important part of the evaluation.
* The program will have a "good neighbor policy," meaning land will be managed to minimize the chances of harming neighbors.
Source: Platte River Endangered Species Partnership
"Platte River Odyssey" is a collaboration between the Lincoln Journal Star and the University of Nebraska-Lincoln College of Journalism and Mass Communications. In the coming months, this series will deal with Platte River basin-related themes including:
* Why does corn need so much water, and why do we need so much corn?
* Farmers adapt to drought, and crop scientists offer advice.
* An in-depth update on LB962, Nebraska's new water law.
* The Groundwater Mound-treasure or trouble?
* Big Mac dries up.
* The economics of irrigation
* History of irrigation in the Platte Valley.
* Litigation over water in the Platte basin.
* The Platte Metroplex-Lincoln and Omaha rely on the Platte.
* Recreation on the Platte.
* Demands for water in the Platte basin reflect regional and world water issues.
Post Your Comment
Standards and RulesYour posted comment will appear after it has been approved.
Frequently asked questions about story commenting.