Imperial Republican

    By Russ Pankonin
    The Imperial Republican
     Kansas water official David Barfield didn't leave any question on what his state wants in terms of Republican Compact compliance. "It's a simple answer-we want our water."
     Barfield spoke during an appearance in Imperial Thursday, Oct. 19, arranged by Imperial farmer and businessman, Roger Harmon. More than 120 attended the meeting, which included representation from throughout the Republican basin.
     Barfield started his presentation with an overview of the compact and Kansas' position. He followed that with a question and answer period that last nearly an hour.
    Neb. compliance efforts short
     Barfield said Kansas appreciates the efforts Nebraska has made to try to get the state into compliance with the terms of the Republican River Compact Settlement.
     But those efforts are "clearly falling short," he said.
     Barfield said Nebraska has exceeded it allocation under RRCS for the past three years. That deficit now totals more than 104,000 acre feet of water (an acre foot of water is equivalent to covering one acre of ground 12 inches deep in water).
     Kansas is concerned about that, he said, especially since they are located at the end or bottom of the Republican River system.
     Overuse trends continue to persist, he noted, despite actions taken by Nebraska.
    Lack of water affects Kansas
     From Kansas' perspective, the lack of water coming into their state directly affects irrigation districts in their state, along with other water uses.
     He said the Upper Bostwick irrigation district in Kansas is basically out of business because they've gotten no water.
     In addition, he said they have had to restrict junior water rights in Kansas for six of the last seven years because of the drought and the reduction of water coming into Kansas. Senior water rights have also been severely affected, too.
     In Kansas, groundwater and surface water are regulated under a single system. While they don't have all wells and water uses metered, Barfield said they have an extensive reporting system to accurately figure water use.
     That response came after being asked why they aren't metering, like the Upper Republican NRD has done for more than 25 years.
    Advice on compliance
     When asked what Nebraska should do to get in compliance, he said the state and local NRDs have to figure out how to get there.
     He said targeted retirement of acres, especially in quick response areas, represents one ingredient to compliance.
     However, he said, "What you have done is not enough. Kansas is disappointed." Plus, additional development that was allowed in the basin in recent years is part of the reason why the state is out of compliance.
     In the late 1990's, Barfield said a Kansas farmer couldn't drill a well. Yet, Nebraska allowed continued development, which occurred in the Middle and Lower Republican NRDs.
     The acreage retirement completed this past year through CREP, he said, only brought Nebraska back to the pumping levels of 2000.
     The problem remains that the basin is over-developed, he said. The long-term answer is overall reduction in acres.
     When Steve Smith of Imperial asked how many acres need to be retired, Barfield noted the Nebraska Department of Natural Resources uses the same water model as Kansas and DNR has those answers.
     Smith noted that may be the case but added that getting those answers from DNR has been difficult.
     When asked about the validity of the water model, Barfield said that in the settlement, all three states adopted the model as a measurement tool for compliance.
     He said the model, which indicates all groundwater pumping eventually affects stream flows, was constructed by some of the best modelers in the country and feels its one of the best possible.
     He said water measurements from 60 different gauges in the basin, representing 10,000 different samples, served to calibrate the accuracy of the model.
    Failure to comply-What ifs?
     When asked what would happen if Nebraska fails to comply, Barfield said that would be a matter for their attorney general to decide. "We're not there yet," he noted.
     In terms of monetary damages, "We'll cross that bridge when we come to it," he said.
     He said the settlement was a binding agreement and they consider Nebraska's non-compliance a "serious matter."
    Governor responds to situation
     In a phone interview Tuesday, Gov. Dave Heineman said it's critical for Nebraska to continue to make good faith efforts to comply with the settlement.
     However, if the state is not successful, especially because of the extended drought, he feels that Kansas will still work with Nebraska.
     Even after taking significant actions to come into compliance, Gov. Heineman said the extended drought has created conditions beyond the state's control.
     He said, however, Nebraska can't give up on trying to comply with the settlement and "must do all that is reasonable and makes sense."
     He realizes that Kansas has taken a compliance-only stance, but noted Nebraska would likely act in a similar situation if the roles were reversed.
     Once the drought ends and Nebraska can get back into comp-liance, he hopes the three states involved in the compact (Nebraska, Kansas and Colorado) can sit down and rethink the compact and adapt the 1943 document to the 21st Century.
     Heineman said agriculture represents Nebraska's number one industry and said he will work hard to preserve that.