DOCSLIB.ORG

Summary of Republican River Compact Litigation Settlement

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Summary of Republican River Compact Litigation Settlement additional staff. The remainder will go to DNR for work Department of on the ground water model and other studies, gaging Natural Resources Contacts: equipment and additional staff needed for data collection and analysis and Compact enforcement. Brian P. Dunnigan, Director Nebraska 301 Centennial Mall South P.O. Box 94676 Department of Natural Resources (Footnotes) Lincoln, Nebraska 68509-4676 June, 2003 (1) Tri-Basin NRD is not required under the Settlement Phone 402-471-2363 Reprint June, 2010 e-mail: [email protected] Agreement to implement a moratorium. Summary of Jim Schneider, Deputy Director 301 Centennial Mall South P.O. Box 94676 Republican River Compact Lincoln, Nebraska 68509-4676 Phone 402-471-3141 e-mail: [email protected] Litigation Settlement On December 16, 2002 Governor Mike Johanns and Attorney General Don Stenberg announced that flows from unauthorized appropriation by Nebraska Nebraska reached an out-of-court settlement of the users, and by other acts and omissions.” Visit DNR’s website Natural Resources District Contacts: U. S. Supreme Court case, Kansas v. Nebraska, In June, 1999 the United States Supreme Court Colorado, concerning the Republican River Compact. invited Nebraska to file a motion to dismiss the case on for additional information Upper Republican NRD In May, 2003 the Supreme Court approved the the question of whether the Compact restricted the use of Jasper Fanning, Manager 511 West 5th Street settlement. The Compact, signed in 1943 by the ground water. Kansas argued that the Compact restricts P.O. Box 1140 three basin States, allocates the average annual all ground water use. Nebraska argued that the Compact Imperial, NE 69033 Phone: 308-882-5173 water supply of the Republican River, 11% to the only restricts the consumption of water directly diverted or 308-882-5584 State of Colorado, 49% from the streams. Colorado stated that the Compact http://www.dnr.ne.gov Fax#: 308-882-4521 to Nebraska and 40% restricts the pumping of alluvial ground water, but e-mail: [email protected] web: www.urnrd.org to Kansas. Under not table-land ground water. Alluvial ground water is Middle Republican NRD the Compact, the total generally closely connected to streamflow. Pumping Dan Smith, Manager allocation given to from the alluvium causes a relatively immediate 220 Center Street each State is to be depletion to the surface water flows. Contacts P.O. Box 81 Curtis, NE 69025 derived from the listed On November 15, 1999 the Court referred the Phone: 308-367-4281 tributaries, and for matter to Special Master Vincent L. McKusick. On Toll-Free: 1-800-873-5613 Fax#: 308-367-4285 Nebraska and Kansas, January 28, 2000 the Special Master issued his First e-mail: [email protected] from the mainstem of Report stating that the Republican River Compact web: www.mrnrd.org. the Republican River. restricts a compacting State’s consumption of ground Lower Republican NRD The settlement does not water to the extent that such consumption depletes Michael Clements, Manager Harlan County Courthouse change the original compact among the states, or stream flow in the Republican River Basin. McKusick’s 706 – 2nd Street the percentages of water supply allocated to each ruling made it clear that both upland and alluvial wells P.O. Box 618 state by the original compact. However, the amount Alma, NE 68920 were to be counted if they deplete streamflow. Among Phone: 308-928-2182 of water allocated to each State varies annually the remaining issues in the case were: 1) Did Nebraska Toll-Free:1-800-353-1297 depending on stream flows in nine specifically overuse water and if so, was Kansas entitled to any Fax#: 308-928-2317 e-mail: [email protected] identified tributaries, all other small tributaries and the damages resulting from Nebraska’s overuse of water; web: www.lrnrd.org mainstem of the Republican River. 2) Do the states have the flexibility to use the water Tri-Basin NRD Each State is entitled to consume its allocation. allocated from one sub-basin in other parts of the state; John Thorburn, Manager In May, 1998 the State 3) Is compliance based on an 1723 N. Burlington Holdrege, NE 68949 of Kansas filed complaint annual accounting of allocations Percent of Nebraska's Allocation Used Phone: 308-995-6688 with the U. S. Supreme 110% and use or can it be based on an Toll-Free 1-877-995-6688 Fax#: 308-995-6992 Court alleging that 105% average over a number of years; e-mail:[email protected] Nebraska violated the 100% 4) What is Kansas’s entitlement to web: www.tribasinnrd.org Compact “by allowing 95% water at the Guide Rock diversion the proliferation and use 90% dam, which diverts water to the of thousands of wells 85% Kansas Bostwick Irrigation District; hydraulically connected 80% and 5) Can Nebraska receive credit 1970's 1980's 1990's 2000's 2010's Contacts updated June 2010 to the Republican River (estimated) for water imported into the basin and its tributaries, by the as a result of the Central Nebraska tlc 7.07.indd failure to protect surface Public Power and Irrigation District’s and Nebraska Public Power District’s projects. In May also be included in the calculations. The Settlement Also in water short years, when the Bostwick Under the Settlement Agreement, Compact compliance 2001 Special Master McKusick issued additional rulings, Agreement also provides that Nebraska will get irrigation districts supply is less that 130,000 acre will first be measured in 2007, unless we have a water-short which helped set the stage for a negotiated settlement. credit for any water imported into the basin as a result feet to assure Compact compliance Nebraska has year, in which case compliance will start in 2006. This will In October, 2001 the three States began settlement of surface water projects on the Platte River. The agreed to shut off all surface water users between give Nebraska time to implement new rules and regulations discussions. As a result of these initial discussions, inclusion of stream flow depletions resulting from all Harlan County Lake and Guide Rock that are junior to necessary for Compact compliance. It is important to note Special Master McKusick postponed parts of the groundwater use that depletes streamflow and credits February 26, 1948, the priority date of the Nebraska that the years counting toward the five-year running average progression of the litigation until December 15, 2002 from the Platte River surface water projects requires Courtland Canal which also serves the Kansas that starts counting in 2007 include 2003. to allow time for continued settlement negotiations. that the Compact Administration develop a basin-wide Bostwick Irrigation District. Nebraska will also protect Although the Settlement negotiations were difficult, The U. S. Department of Justice, U. S. Bureau of ground water model. The three States have agreed to any storage water released from Harlan County Lake in many ways the really hard work of implementing the Reclamation and the U. S. Army Corps of Engineers also complete a mutually acceptable ground water model to from diversion by surface water users who do not settlement is yet to come. Nebraska, through DNR and participated in the settlement negotiations. Nebraska’s compute depletions to streamflow from ground water have a contract for the storage water. Finally, in order the Republican River Basin NRDs, will be responsible for settlement team consisted of David Cookson, Assistant pumping by July 1, 2003. to prevent further over- collecting its portion of the necessary data Attorney General, and Roger Patterson, Ann Bleed and development in the for Compact accounting. DNR will also be Registered Irrigation Wells Jim Cook from the Department of Natural Resources responsible for regulating surface water (DNR). The settlement team was assisted by a number by Natural Resources District uses and protecting storage water from of attorneys and consultants including Nebraskans Don Republican River Basin within the Republican Basin illegal diversions. A significant portion Blankenau from the law firm of Fennemore Craig, Tom Upper Republican NRD 3352 wells of the new Compact implementation Riley from The Flatwater Group consulting firm and Derrel Nebraska Middle Republican NRD 3320 wells responsibilities will fall to the Republican Martin from the University of Nebraska. Colorado Perkins County Red Lower Republican NRD 3788 wells River Basin NRDs. The Upper, Middle, Lincoln County 83 The seventeen months of negotiations, which took Grant Medicine Tri Basin NRD 1623 wells and Lower Republican NRDs have Willow place mostly in Denver or Kansas City, were intense and as of 7.25.07 already implemented moratoriums on Chase County Hayes County Blackwood Ck. Frontier County time consuming, but in the end the states achieved a Curtis Elwood Reservoir new wells (1) and are in the process of working Frenchman Hayes Ck. Imperial settlement package that has been described as a win-win- Center Elwood with DNR to develop integrated surface and ground water Phelps County Enders Ck. Gosper County Reservoir win by all three states. Red Willow Medicine management joint action plans. The NRDs and DNR will Reservoir Creek Wauneta Palisade Holdrege Republican Reservoir The Settlement Agreement substantially meets the key Dundy County Ck. Red Willow County have to work closely to coordinate the joint regulation of Furnas County Franklin County 6 34 Harlan County River Basin Boundary Hitchcock County Culbertson Cambridge Oxford objectives Nebraska hoped to achieve at trial while avoiding 183 Nuckolls County surface and ground water uses. The NRDs will need to Stratton Webster County Trenton McCook Stamford Fork the uncertainty and expenses that would be involved in Swanson Franklin identify and certify the number of acres currently being Parks Republican Alma Red Cloud Haigler Reservoir Orleans River Guide Rock protracted litigation.
Load more

Recommended publications
  • Roger T1." Grange, Jr. a Thesis Submitted to the Faculty of The
    Ceramic relationships in the Central Plains Item Type text; Dissertation-Reproduction (electronic) Authors Grange, Roger Tibbets, 1927- Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 09/10/2021 18:53:20 Link to Item http://hdl.handle.net/10150/565603 CERAMIC RELATIONSHIPS' IN THE CENTRAL PLAINS ^ > 0 ^ . Roger T1." Grange, Jr. A Thesis Submitted to the Faculty of the DEPARTMENT OF ANTHROPOLOGY In Partial Fulfillment of the Requirements For the Degree of DOCTOR OF PHILOSOPHY In the Graduate College THE UNIVERSITY OF ARIZONA 19 6 2 THE UNIVERSITY OF ARIZONA GRADUATE COLLEGE I hereby recommend that this dissertation prepared under my direction by Roger T, Grange, Jr»________________________ entitled ______Ceramic Relationships in the Central_____ _____Plains_______________________________________ be accepted as fulfilling the dissertation requirement of the degree of _____Doctor of Philosophy________________________ April 26. 1962 Dissertation Director Date After inspection of the dissertation, the following members of the Final Examination Committee concur in its approval and recommend its acceptance:* 5 / ? / ^ t 5 /? / C 2-— A / , - r y /n / *This approval and acceptance is contingent on the candidate's adequate performance and defense of this dissertation at the final oral examination. The inclusion of this sheet bound into the library copy of the dissertation is evidence of satisfactory performance at the final examination. STATEMENT BY AUTHOR This thesis has been submitted in partial fulfillment of requirements for an advanced degree at The University of Arizona and is deposited in The University Library to be made available to borrowers under rules of the Library.
    [Show full text]
  • 1888 Handbook of Concordia
    HAND-BOOK )OF(- CONCORDIA AND cloUd county, Kansas CLOUD COUNTY COURT HOUSE, CONCORDIA orEazia^-G-o: C. S. BURCI-I PUBLISHING COMPANY. 1888. ms: r^i J. H. UDELL. E. E. SWEARNGIN. CLOUD COUNTY BANK, SWEARNGIN & UDELL CONCORDIA, KANSAS. REAL ESTATE, LOAN AND INSURANCE, CAPITAL, $100,000. SURPLUS, S^.ooo. Office In Iron Block, T. B. SMITH. PRESCDeNT. W. H. WRIGHT, Vice President. % STURGES, KENNETT £ PECK. Wm. M. PECK. Cashier. C 03STCOK.I3IA., KANSAS. O. B HARRISON, ASST. Cashier. '• Attorneys for the Flank. I*'.J. Atwood, President. G. V.. Latnkov, Cashier. HOWARD HILLIS, C. TC. Sweet, Vice President. W. \V. Bowman, Asst. Cashier. FIRST NATIONAL BANK, ATTORNEY AT LAW COA7CORDIA, KANSAS. CONCORDIA, KANSAS. CAPITAL, SIOO.OOO. SURPLUS, $25,000. Collections made for, and Information furnished to 30x :r,:ec;to:r.s - C. V.. Swekt, Gwi. W. Mahsiiam., Tiieh. I.ai.nt,, C. A. Hktoiknav Eastern Investors. K. J. Atwooii, D. \V. Simmons, Thomas \Vhon«i. W. W. Caldwell, President. J. \V. Pktkkshn, Cashier. L. N. HOUSTON, II. II. McEcKKON, Vice President. 1*. W. Moitr.AN, Asst. Cashier. CITIZENS NATIONAL BANK, REAL ESTATE, LOAN and INSURANCE, CONCORDIA, KANSAS. CONCORDIA, KANSAS. CAPITAL, $100,000. SURPLUS, $7,500. DIRECTORS. J. \V. IV.tkkson, A. Nf.i-son, J. S. Siieak ku, It. H. McEckhon, W. \V. Caldwell, -Correspondence Solicited.- T. H. IlttKKNIAN, JOSKI-II 1'KKHIKK, J. A. KldUY, I). T. DuNN INt;. W. W. CALDWELL, J. W. PETERSON, President Cili/.ens National Rank. Cashier Citizens National Rank. Real Estate Agent and Loan Broker, CALDWELL & PETERSON, Negotiators of Loans. CONCORDIA, KANSAS. Ten vcars' experience.
    [Show full text]
  • Streamflow Depletion Investigations in the Republican River Basin: Colorado, Nebraska, and Kansas
    J. ENVIRONMENTAL SYSTEMS, Vol. 27(3) 251-263, 1999 STREAMFLOW DEPLETION INVESTIGATIONS IN THE REPUBLICAN RIVER BASIN: COLORADO, NEBRASKA, AND KANSAS JOZSEF SZILAGYI University of Nebraska–Lincoln ABSTRACT Water is a critical resource in the Great Plains. This study examines the changes in long-term mean annual streamflow in the Republican River basin. In the past decades this basin, shared by three states, Colorado, Nebraska, and Kansas, displayed decreased streamflow volumes as the river enters Kansas across the Nebraska-Kansas border compared to values preceding the 1950s. A recent lawsuit filed by Kansas challenges water appropriations in Nebraska. More than half of the source area for this water, however, lies outside of Nebraska. Today a higher percentage of the annual flow is generated within Nebraska (i.e., 75% of the observed mean annual stream- flow at the NE-KS border) than before the 1950s (i.e., 66% of the observed mean annual streamflow) indicating annual streamflow has decreased more dramatically outside of Nebraska than within the state in the past fifty years. INTRODUCTION The Republican River basin’s 64,796 km2 drainage area is shared by three states: Colorado, Nebraska, and Kansas (see Figure 1). Nebraska has the largest single share of the drainage area, 25,154 km2 (39% of total); Colorado can claim about 20,000 km2 (31%), while the rest, about 19,583 km2 (30%), belongs to Kansas [1], from which about 12,800 km2 (20%) lies upstream of Hardy, near the Nebraska-Kansas border. Exact figures for the contributing drainage areas (portions of the drainage areas that actually contribute water to the stream) are hard to obtain because these areas in the headwater sections of the basin have been shrinking constantly in the past fifty years.
    [Show full text]
  • Republican River Valley and Adjacent Areas, Nebraska
    A, Economic Geology, 97 B, Descriptive Geology 119 M, General Hydrograpmc investigations, 26 (0, Underground Waters, 72 DEPARTMENT OF THE INTERIOR UNITED STATES GEOLOGICAL SURVEY CHARLES I>. WALOOTT, DIKECTOR GEOLOGY AND WATER RESOURCES OF THE REPUBLICAN RIVER VALLEY AND ADJACENT AREAS, NEBRASKA G. E. CONDRA -FERTY OF -LOGICAL Sl'». WASHINGTON (GOVERNMENT PRINTING OFFICE 1907 CONTENTS. Page. Introduction __'___________________________________ 7 Geography _____________________________________ 8 Topography______________________.._ 8 Drainage _____________________________.____ 8 Climate "_________________________ _ _________ ._..__ 9 Temperature_______l_____________________ 9 Rainfall _____________________________________ 9 Winds_____________________________________ 10 Descriptive geology ________________________________ 10 General relations _____ _________ ___ ________ 10 Structure____________________________ 11 Description of the rocks____ ______________________ 11 Carboniferous system_______________________ 11 Cretaceous system.__________________________ 12 Dakota formation_________________________ 12 Character and thickness______________ 12 Distribution_________________ 13 Benton group________________________ 13 Members represented________________ 13 Graneros shale_ ________________________ 14 Character and thickness_________________ 14 Exposures,_________ _______ _-_________ 14 Greenhorn limestone_____________________ 14 Character and thickness___________________ 14 Fossils_________________________ 16 Carlile shale______.___________________
    [Show full text]
  • II. the Battle of Summit Springs
    Nebraska History posts materials online for your personal use. Please remember that the contents of Nebraska History are copyrighted by the Nebraska State Historical Society (except for materials credited to other institutions). The NSHS retains its copyrights even to materials it posts on the web. For permission to re-use materials or for photo ordering information, please see: http://www.nebraskahistory.org/magazine/permission.htm Nebraska State Historical Society members receive four issues of Nebraska History and four issues of Nebraska History News annually. For membership information, see: http://nebraskahistory.org/admin/members/index.htm Article Title: The Republican River Expedition, June-July 1869: II. The Battle of Summit Springs Full Citation: James T King, “The Republican River Expedition, June-July, 1869: II. The Battle of Summit Springs,” Nebraska History 41 (1960): 281-298 URL of article: http://www.nebraskahistory.org/publish/publicat/history/full-text/NH1960SummitSprings.pdf Date: 11/10/2011 Article Summary: The Republican River Expedition against the Cheyenne had to contend with elusive enemies, false alarms and weary troops. Despite all these obstacles the expedition ultimately changed the Republican Valley from an Indian-held wilderness to a region ready for settlement. Cataloging Information: Names: Frank North, EA Carr, Tall Bull, Maria Weichell, Susanna Alderdice Place Names: Julesburg, Nebraska; Fort Sedgewick, Colorado Territory Keywords: Frank North, Pawnee Scouts, EA Carr, Cheyenne, Dog Soldiers, Tall Bull, Maria Weichell, Susanna Alderdice Photographs / Images: map of Republican River Expedition sites, Pawnee Scouts, Luther H North at site of battle (1933) " " ~ ~ ~ " " " ~ ----- .
    [Show full text]
  • Federal Register/Vol. 73, No. 45/Thursday, March 6, 2008/Notices
    12212 Federal Register / Vol. 73, No. 45 / Thursday, March 6, 2008 / Notices known individual was identified. No Nebraska State Historical Society and Box 1286, Hastings, NE 68902, associated funerary objects are present. museum records are consistent with telephone (402) 461–2399, before April Research conducted at the Nebraska information on the site known as the 7, 2008. Repatriation of the human State Historical Society identifies at Hanna Larson Site. The site was remains and associated funerary objects least 15 sites in the area around Palmer. occupied form A.D. 1650 to A.D. 1750 to the Pawnee Nation of Oklahoma may One site is known as the Palmer Village and is culturally identified with the proceed after that date if no additional (25HW1), which is a well known site Lower Loup Focus of the Pahuk Aspect claimants come forward. that was occupied by the Skidi band of of the late Ceramic Period. The Hastings Museum is responsible the Pawnee from at least A.D. 1804 to The Lower Loup Phase sites are for notifying the Crow Tribe of Montana; A.D. 1836, and was observed and located in areas also associated with Omaha Tribe of Nebraska; Otoe– recorded by a number of explorers to the historic Pawnee sites. The Lower Loup Missouria Tribe of Indians, Oklahoma; area. Museum officials have been able to material culture suggests that they are Pawnee Nation of Oklahoma; Ponca document Mr. Brooking and Mr. Hill as ancestors of the Pawnee. Descendants of Tribe of Indians of Oklahoma; Ponca having conducted excavations at the the Pawnee are members of the Pawnee Tribe of Nebraska; Sac & Fox Nation of Palmer Village.
    [Show full text]
  • 58Th Annual Report
    REPUBLICAN RIVER COMPACT ADMINISTRATION 58TH ANNUAL REPORT FOR THE YEAR 2018 COLBY, KANSAS AUGUST 22, 2019 Table of Contents Special Meeting of the RRCA – November 6, 2018 3 Summary and Minutes of the Special Meeting 4 Exhibit A: Attendance 8 Exhibit B: Agenda 9 Exhibit C: First Amendment to Resolution by the Republican River Compact Administration Approving Operation and Accounting for the Colorado Compact Compliance Pipeline and Colorado’s Compliance Efforts in the South Fork Republican River Basin 10 Annual Meeting of the RRCA – August 22, 2019 12 Summary and Minutes of the Annual Meeting 13 Exhibit A: Transcript 21 Exhibit B: Attendance 90 Exhibit C: Agenda 94 Exhibit D: Nebraska Water Report 95 Exhibit E: U.S. Bureau of Reclamation Report 97 Exhibit F: U.S. Geological Survey Report 106 Exhibit G: Engineering Committee Report 116 RRCA Approval of the 59th Annual Report 161 REPUBLICAN RIVER COMPACT ADMINISTRATION Special Meeting November 6, 2018 Discussion of Operation and Accounting for the Colorado Compact Compliance Pipeline and Colorado’s Compliance Efforts in the South Fork Republican Basin 3 SUMMARY AND MINUTES OF THE 2018 SPECIAL MEETING OF THE REPUBLICAN RIVER COMPACT ADMINISTRATION NOVEMBER 6, 2018 HELD AT THE COLORADO DEPARTMENT OF AGRICULTURE BROOMFIELD, COLORADO Summary The following summary of the special meeting was prepared utilizing a recording of the meeting. Agenda Item 1: Introductions The special meeting of the Republican River Compact Administration (RRCA) was called to order by Kansas Commissioner and Chairman David Barfield at 9:05 a.m. MST, November 6, 2018. Commissioner Barfield asked for introductions around the room and on the phone.
    [Show full text]
  • Republican River from Hardy, Nebraska to Rice, Kansas Water Quality Impairment: Total Phosphorous
    KANSAS-LOWER REPUBLICAN RIVER BASIN TOTAL MAXIMUM DAILY LOAD Waterbody: Republican River from Hardy, Nebraska to Rice, Kansas Water Quality Impairment: Total Phosphorous 1. INTRODUCTION Subbasin: Middle Republican and Lower Republican Counties: Cloud (CD), Jewell (JW), Republic (RP), Smith (SM) HUC8: 10250016 HUC10 (12): 04 (08, 09), 05 (01, 03, 04, 07), 06 (02, 04, 05), 07 (08), 08 (01, 02, 03, 04, 05), 09 (01, 02, 03) 10250017 01 (01, 02, 03, 04, 05, 06, 07), 02 (01, 02, 03, 04, 05), 03 (01, 02, 03, 04, 10) Ecoregions: Central Great Plains (27), Smoky Hills (a) and Rolling Plains and Breaks (b) Drainage Area: 908.5 square miles (mi2) Water Quality Limited Segments and Designated Uses (Table 1; Figure 1; Table 2): Table 1. Main stem and tributary water quality limited segments in the Republican River from Hardy, Nebraska to Rice. Main Stem Tributary Main Stem Tributary HUC8 10250016 HUC8 10250017 Walnut Cr (40) Republican River (28) Beaver Cr (45) Buffalo Cr (59) Buffalo Cr, Middle (9037) Louisa Cr (61) Buffalo Cr, East (68) Republican River (2) Cedar Cr (63) Buffalo Cr (37) Oak Cr (75) Marsh Cr, East (42) Crosby Cr (77) Marsh Cr (35) Spring Cr (78) Marsh Cr, West (36) Bean Cr (76) Marsh Cr (34) Republican River (26) Republican River (1) White Rock Cr (41) Marsh Cr (30) Otter Cr (79) Cheyenne Cr (55) Dry Cr (80) Whites Cr (54) Buffalo Cr (29) Wolf Cr (38) Hay Cr (49) Cool Cr (50) 1 Figure 1. Map of contributing area and water quality impaired segments for the Republican River from Hardy, Nebraska to Rice.
    [Show full text]
  • Is It a Constitutional Answer to Nebraska's Republican
    LEGISLATIVE BILL 701: IS IT A CONSTITUTIONAL ANSWER TO NEBRASKA’S REPUBLICAN RIVER PROBLEMS? BY KATHERINE KALISEK-VOGEL TABLE OF CONTENTS I. INTRODUCTION ....................................................................................................................... 1 II. THE REPUBLICAN RIVER BASIN ........................................................................................ 2 A. THE REPUBLICAN RIVER COMPACT OF 1943 .................................................................... 2 B. CONFLICT IN THE BASIN – HOW THE PROBLEMS GOT STARTED ..................................... 6 C. CONFLICT IN THE BASIN – KANSAS V. NEBRASKA ............................................................ 8 D. LEGISLATIVE BILL 701 .................................................................................................... 12 1. PROVISIONS OF LEGISLATIVE BILL 701 ...................................................................... 12 2. LEGISLATIVE BILL 701 IN ACTION .............................................................................. 13 III. ANALYSIS .......................................................................................................................... 15 A. IS LEGISLATIVE BILL 701 CONSTITUTIONAL? ................................................................ 15 1. THE “DUIS AMENDMENT” ........................................................................................... 17 2. DOES LEGISLATIVE BILL 701 ACHIEVE A STATE OR LOCAL PURPOSE? ................... 18 IV. CONCLUSION ...................................................................................................................
    [Show full text]
  • 1 UPPER REPUBLICAN BASIN TOTAL MAXIMUM DAILY LOAD Waterbody/Assessment Unit: Arikaree River Water Quality Impairment: Selenium 1
    UPPER REPUBLICAN BASIN TOTAL MAXIMUM DAILY LOAD Waterbody/Assessment Unit: Arikaree River Water Quality Impairment: Selenium 1. INTRODUCTION AND PROBLEM IDENTIFICATION Subbasin: Arikaree River County: Cheyenne HUC 8: (In Kansas) 10250001 HUC 11 (HUC 14s): (In Kansas) 080 (030, 040 and 050) Drainage Area: 37 square miles in Kansas 1725 square miles total above sampling station Main Stem Segment: WQLS: 1 (Arikaree River) starting at the Kansas-Nebraska state line and traveling upstream through northwest Cheyenne County to the Kansas-Colorado state line (Figure 1). Tributaries: All tributaries located in Colorado, segment numbers unknown Horse Creek Sand Creek Gordon Creek Currie Creek Dugout Creek Hell Creek North Fork Arikaree River Designated Uses: Special Aquatic Life Support, Primary Contact Recreation (C), Domestic Water Supply; Food Procurement; Ground Water Recharge; Industrial Water Supply Use; Irrigation Use; Livestock Watering Use for Kansas Segment. Impaired Use: Special Aquatic Life Water Quality Standard: 5 µg/liter for Chronic Aquatic Life (KAR 28-16-28e(c)(2)(F)(ii) 1 In stream segments where background concentrations of naturally occurring substances, including chlorides, sulfates and selenium, exceed the water quality criteria listed in Table 1a of KAR 28-16- 28e(d), at ambient flow, the existing water quality shall be maintained, and the newly established numeric criteria shall be the background concentration, as defined in KAR 28-16-28b(e). Background concentrations shall be established using the methods outlined in the “Kansas implementation procedures: surface water,” dated June 1, 1999... (KAR 28-16-28e(b)(9)). (Figure 1- Land use in the Arikaree River Basin. Kansas irrigation wells are visible in the inset.
    [Show full text]
  • Republican River Basin Study
    FINAL EXECUTIVE SUMMARY REPORT Republican River Basin Study U.S. Department of the Interior Bureau of Reclamation Technical Service Center Denver, Colorado March 2016 Mission Statements The U.S. Department of the Interior protects America’s natural resources and heritage, honors our cultures and tribal communities, and supplies the energy to power our future. The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public. Cover image: Conceptual map illustrating adaptation strategies evaluated in the Republican River Basin Study. FINAL EXECUTIVE SUMMARY REPORT Republican River Basin Study STUDY PARTNERS Bureau of Reclamation Nebraska-Kansas Area Office, Great Plains Region State of Colorado Colorado Division of Water Resources State of Nebraska Nebraska Department of Natural Resources State of Kansas Kansas Water Office Kansas Department of Agriculture, Division of Water Resources Acronyms and Abbreviations AF acre-foot or acre-feet BAC Basin Advisory Committee (Kansas) Basin Republican River Basin BCA benefit-cost analysis BCSD bias corrected and spatially disaggregated BOD biochemical oxygen demand CDF cumulative distribution functions CFR Comprehensive Facility Review cfs cubic-feet per second CMIP Coupled Model Intercomparison Project COD chemical oxygen demand Commission Colorado Ground Water Commission Compact Republican River Compact of 1942 CWA Clean Water Act D&S Reclamation Directives and Standards EIS Environmental Impact Statement EOM end-of-month EPA Environmental Protection Agency ESA Endangered Species Act of 1973, as amended ET evapotranspiration FCID Frenchman-Cambridge Irrigation District (Nebraska) FSS 2003 U.S. Supreme Court Final Settlement Stipulation FVID Frenchman Valley Irrigation District (Nebraska) GCM General Circulation Model GHG greenhouse gases GMD 4 Northwest Kansas Groundwater Management District No.
    [Show full text]
  • 2021 Forecast of Allowable Depletions in the Republican River Basin
    2021 Forecast of Allowable Depletions in the Republican River Basin Nebraska Department of Natural Resources December 2020 Background The State of Nebraska is party to an interstate compact for the management of the Republican River Basin with the states of Colorado and Kansas, administered by the Republican River Compact Administration (RRCA). Pursuant to the current integrated management plans (IMPs) and Neb. Rev. Stat. § 46-715(6), the Nebraska Department of Natural Resources (NeDNR) in consultation with the Lower Republican Natural Resources District, Middle Republican Natural Resources District, and Upper Republican Natural Resources District (Districts) is required to provide an annual short-term and long-term forecast of maximum allowable depletions to streamflow that will ensure compliance with interstate compacts. The NeDNR has determined that the short-term forecast applies to the upcoming year (2021) and that the long-term forecast estimates what conditions may be ten years into the future. Therefore, this document includes the dry-year forecast of allowable depletions to streamflow in 2021 and 2031. The States of Nebraska, Colorado, and Kansas, acting through the RRCA, adopted a “Resolution Approving Long-Term Agreements Related to the Operation of Harlan County Lake for Compact Call Years” (Resolution). The August 24, 2016, Resolution outlines certain actions that Nebraska will take toward Republican River Compact (Compact) compliance during years forecast as Compact Call Years as outlined in the Monitoring sections of the District IMPs. Compliance with the terms of the Resolution constitutes compliance with the Final Settlement Stipulation and Compact. Short-Term Forecast The outcome of Nebraska’s short-term forecast is largely dependent on three key elements, much of which are from data secured through the RRCA Compact accounting procedures.
    [Show full text]