Agriculture
Last Update: 7/18/2008 6:19:40 PM CST

Water bill moves to final reading

Bill scheduled for final round debate Thursday


    By Russ Pankonin
    The Imperial Republican
     Sen. Mark Christensen's water bill, LB 701, moved to within one step of passage following a 33-0 vote on second reading last Thursday, April 19.
     Christensen said Monday it appears the bill will gain approval on final reading, after which it will go to Gov. Dave Heineman's desk.
     On Friday, Heineman said he's pleased with the progress of the bill and will sign it once it reaches his desk.
     Speaker Mike Flood said he will schedule the bill for final reading today (Thursday). To do so, the Legislature will have to vote to suspend the rules in order to vote on the bill. This will require 30 votes.
     Flood said that since the bill includes $12 million in state appropriations, the rules must be suspended to allow the body to vote on it before the general budget bill is approved.
     Earlier this week, Flood was polling senators to insure he had the 30 votes necessary to suspend the rules.
     Currently, the bill carries the emergency clause, which would make it law as soon as the governor signs it.
     For the clause to become effective, the bill must receive 33 votes on final reading. It passed second round debate with such a margin.
     Christensen said the bill could be subject to some amendments on final reading. However, those amendments would be acted on during the debate, allowing a final round vote the same day.
     The Speaker helped guide the bill prior to the second round of debate. After first-round passage, Flood said he asked any senators who had concerns about the bill to notify him right away.
     Last Wednesday, he gathered 17 people together, including senators and representatives from the attorney general's office and natural resource districts. The goal of the meeting was to work out any differences before the bill came to the floor last Thursday.
     Several amendments focusing on accountability were added to the bill, along with a provision to keep irrigators who sell their surface water from exceeding their groundwater allocation, less their surface water. That provision will not take effect until April, 2008.
     Christensen said the amendments "improved the bill by tightening up the language and making the intent clearer."
     The NRDs must report on their activities under the bill upon the request of the Legislature's Natural Resources Committee.
     The Department of Natural Resources must develop rules on how water cash fund monies can be spent and submit annual reports on how DNR and NRDs spent the money. Any NRDs that fail to enforce controls will not be permitted by DNR to use water cash funds.
     Christensen said the bill still implements one of the largest taxes ever on the Republican River Basin.
     The bill will implement an occupation tax of up to $10 per irrigated acre in the basin as well as grant an additional levy authority to basin NRDs of 10 cents per $100 of assessed valuation.
     He admits to having mixed feelings on the bill as a result. "Nobody likes at tax increase," he said.
     However, doing nothing was a worse alternative than doing something, he added. He feared a federal judge could shut down irrigation in the entire basin if the Legislature failed to act this year.