By Russ Pankonin
     So just how far is Nebraska out of compliance with the compact settlement with Kansas?
     That's what URNRD Board Member Kerry Bernhardt asked DNR Director Ann Bleed during a meeting in Imperial here Friday.
     She said only preliminary numbers for 2006 water use have been calculated but estimated Nebraska fell short by 33,000 acre-feet (AF). An acre foot of water will cover an acre of ground 12 inches deep.
     While compliance is initially based on a five-year running average, that average drops to two years during water short years, which occurred in both 2005 and 2006.
     The amount of water in Harlan County Reservoir near Alma is the determining factor in declaring a water-short year. When storage in Harlan falls below 119,000 AF, then a water-short year declaration results.
     Looking at the two-year average of 2005-06, Bleed said it appears that Nebraska will be 73,000 AF behind in compliance for those two years.
     This occurred despite all three NRDs using less than their allocations for the period.
    No figures on 2007 available
     Bleed said they have not even begun to run any numbers on 2007 use.
     While many thought this year's heavy spring rains may help with 2007 compliance, Bleed said that water won't be counted in 2007 compliance figures.
     As part of the settlement agreement, if water is stored in a reservoir but not released for use, it can't be counted, she said.
     That will work against the basin this year, but for the basin next year if it's a dry year, she said.
     Enders Reservoir climbed 10 feet in three days after a mid-June storm in western Chase County.
     The level of water in Harlan has risen significantly as well.
     Going into the season, the deficit in Harlan for a water-short year was already 85,000 AF. Spring rains changed that significantly, erasing the 85,000 AF deficit and nearly reaching the 119,000 AF level by the June 30 deadline for the compact calculations.
     However, because it did not exceed the 119,000 AF mark, 2007 will be declared a water-short year.
     Bleed said one of her goals in working on allocation plans for the basin is to get workable plans in place to "convince Kansas that we are serious about compliance."
     She said if allocations aren't lowered and no other plans are in place, she said Kansas and Colorado will likely say Nebraska is not trying to reach compliance.
     Bernhardt said he had no confidence whatsoever in the groundwater model that is used to measure Nebraska's compliance.
     One error already found provided Nebraska with an 8,000 AF credit not previously recognized.
     Bleed told the board that if the DNR and NRDs can put together a plan for compliance, and if more state money is needed as a result, she would ask the governor and the Legislature for more help.