By Russ Pankonin
The Imperial Republican
Input from farmers in the Republican River basin will help determine whether or not a per-irrigated-acre fee will be sought to finance compliance activities.
With another surface water lease becoming a possibility, natural resource districts in the Republican Basin are seeking to gauge support for a fee that could range up to $10 per irrigated acre.
The Upper Republican NRD held information meetings in Benkelman, Imperial and Grant Monday to get input from their patrons on the possible fee.
It was the URNRD that originally suggested a per-acre fee several years ago to help fund compliance efforts. However, the effort drew little support.
Recently, the idea has been revived as a way to fund efforts to bring Nebraska into compliance with a 2002 settlement with Kansas over Republican Basin water use.
Proposed actions by the state to bring the basin into compliance has heightened the sense of urgency among basin NRDs.
Surface water lease possible
Jasper Fanning, manager of the URNRD, told a crowd of about 15 in Imperial that the Frenchman-Cambridge Irrigation District has expressed interest in leasing their surface water this year.
The district has about 26,000 acre-feet of water available for sale. If leased and released downstream, Fanning said it's estimated that 12,000-15,000 acre-feet could be used towards compact compliance.
Fanning said the Nebraska Bostwick Irrigation District may also have leaseable water for delivery to Kansas due to the heavy winter snows and resulting runoff into Harlan County Dam.
In addition, the state has discovered an error in the water model that shorted the basin of about 8,600 acre-feet.
When combined, these could bring Nebraska very close to compliance without having to reduce allocations further in the future.
The goal Fanning emphasized throughout the meeting focused on working together as a basin on a solution.
"We're in this together. We have to work together," Fanning said.
Legislative authority sought
Without specific authority from the Legislature, it's questionable whether NRDs have the authority to levy a fee.
Some contend the authority was granted when the Legislature passed major water legislation in the form of LB 962. However, a challenge could ultimately hold up the fee collection, jeopardizing a surface water lease.
Fanning said the NRDs are trying to move quickly to get the Legislature's authorization.
With corn planting not far off, the irrigators in the Frenchman-Cambridge district need to know whether or not to plant their crops.
Fanning said a $10 per-irrigated-acre fee in the URNRD would raise about $4.5 million. Basin-wide, it would be approximately $10-11 million.
If a property tax levy would be sought instead of a per-acre fee, Fanning said a levy of an additional 33 cents would be needed. Politically, that kind of increase would not fly in the Legislature, he said. That's why a per-acre fee is being sought.
Fee not intended to be permanent
Board Member Terry Martin said the goal is to not make this a permanent fee. He said he didn't want to see the fee last any longer than five years.
Fanning said the NRDs are still looking to the state for matching funds but the more local commitment, the more likely the Legislature will be to work with districts.
Board Member Tom Terryberry said adding this fee will not necessarily mean the district won't have to look at allocations in the future.
He noted the integrated management plan says the district has to look at allocations but there is no requirement to change them.
Board Chair Greg Pelster noted these actions couldn't guarantee that Kansas wouldn't sue. However, if they do choose to sue, he said it's possible that could reopen the whole settlement back up for re-negotiation.
There were several representatives of the Middle Republican NRD board present at the Imperial meeting. They indicated there is support in their district for looking at ways to lease the surface water.
They also indicated that the basin NRDs are working together as closely as they ever have.
The NRDs will be working with Senator Mark Christensen, their state association and Legislative leaders to advance the per-acre fee idea.
The topic will be likely be discussed further when the URNRD board has their meeting next Tuesday, March 13, in Imperial.