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. The Settlement Agreement: North Benkelman Driftwood Ck. Superior Nebraska irrigated by wells. To accurately measure use, all wells Harlan County Lake Lovewell Reservoir need to be metered and the NRDs will make sure Rock Ck. Ck. Keith Kansas Sebelius 1. Counts all ground water use that is Lake the meter data is accurate. The NRDs will enforce

Fork Buffalo Bonny determined to deplete stream flow as part of Arikaree their joint action ground water management plans to Reservoir Sappa Ck. a State’s consumptive use; Prairie Dog Ck. basin, a moratorium Ck. insure that ground water users use only the water on new well development is 2. Waives and forever bars all past claims Beaver Ck. allowed under the management plan. Finally, the South for damages; in place unless all three States NRDs and DNR will work together to gather In agree that additional development is 3. Gives Nebraska the flexibility to use its Milford the significant amount of ground water data allocation wherever it sees fit; water short possible within a State’s allocation. Reservoir needed to assure the greatest possible 4. Increases flexibility further by measuring years, those years in In addition, the Settlement Agreement accuracy from the Republican River ground Compact compliance on a five-year running average, which the water supply for the Kansas and includes provisions that lay out a dispute water model. resolution process that the States hope will as opposed to annually, except in dry years when Nebraska Bostwick Irrigation Districts is expected to be Registered less than 119,000 acre feet as projected by the Bureau decrease the need for future litigation. The compliance is measured on a two or three-year Irrigation Wells in running average basis. of Reclamation, Nebraska will limit its consumptive use settlement also provides that the states above the Guide Rock diversion dam to its allocation and the U. S. Bureau of Reclamation will the Republican Basin Since the 1950s the Compact has been administered derived from above Guide Rock on a two or three-year jointly study and, if possible, develop system by the Republican River Compact Administration, running average basis. In water short years, compliance improvements to make more efficient use consisting of the State Engineers from Colorado and for Kansas also will of the water that is available in the basin. It Kansas and the Director of DNR in Nebraska. The be based on a two- also calls for a five year study of the impact Settlement Agreement continues this administration. year running average. of small ponds and terraces on stream flow. The Compact accounting in the past has included the Colorado’s compliance is While all three States continue to agree not consumptive use of water from surface water and alluvial always based on a five- to include the consumptive use from these The implementation of the Settlement Agreement ground water for irrigation, municipal and industrial year running average, conservation activities in Compact accounting, will require Nebraska to fund activities necessary uses, as well as the evaporation from the Bureau of but in water short years, they agree that it would be useful to know how to keep Nebraska in Compact compliance. For this Reclamation reservoirs. These calculations will continue, Colorado cannot use these activities impact the basin’s water supplies. reason, the Legislature has provided additional but evaporation from small reservoirs of 15 acre-feet water allocated from The majority of the costs for this study will be money to carry out the requirements of the or more and depletions to stream flow caused by all Beaver Creek in funded by the federal government. Settlement Agreement. A good portion of this money ground water use including from upland wells will now another sub-basin. will be earmarked to the NRDs for meters and