By Russ Pankonin
    The Imperial Republican
     Kansas' top water official took little time in asking the Republican River Compact Commission (RRCC) to address a dispute between Nebraska and Kansas over Nebraska's non-compliance with Republican River Compact Settlement (RRCS).
     On Monday, Feb. 4, Ann Bleed, director of Nebraska's Department of Natural Resources (DNR), responded to a December letter from Kansas Chief Engineer David Barfield.
     In Barfield's letter, he said Nebraska was out of compliance with the RRCS. He outlined a number of remedies that Kansas wanted, including shutting off all irrigation wells in Nebraska within 2.5 miles of any Republican Basin tributary.
     In Bleed's letter to Barfield, she noted Nebraska disagrees with the methods Kansas used to measure water consumption.
     Her letter said Nebraska sees flaws and limitations in the processes for calculating and accounting for water consumption.
     "The accounting analysis is based on a dry condition but the groundwater modeling scenarios used to develop the depletions to the stream due to groundwater pumping is based on a slightly above-average precipitation and stream flow conditions," Bleed wrote.
     She said the result is an inaccurate comparison between the target consumption and the modeling results.
     She told Barfield that Nebraska cannot accept Kansas' proposed remedies.
     She added the DNR and the natural resource districts (NRDs) in the Republican River Basin have mutually adopted integrated management plans to address future compact compliance.
     In Barfield's response letter, he wrote, "Kansas requests that the dispute be addressed by the RRCA within 30 days as a 'fast track' issue."
     They would also agree to address the dispute at a proposed compact meeting March 11.
     Kansas' submission of the dispute to the RRCC starts the formal dispute resolution procedures as outlined in the final settlement agreement approved by the U.S. Supreme Court.
     In 2006 and 2007, Nebraska purchased or leased surface water to be used toward compliance issues.
     But in a December interview, Barfield said that's only one piece towards Nebraska's compliance efforts. "Currently that (leasing surface water) hasn't been sufficient," he noted.
     Barfield said Kansas believes significant cuts in groundwater pumping will still be necessary.
     "We're open to ideas but this 'we're going to buy surface water-trust us' just isn't working," he said.
     He believes Kansas and their farmers have been injured by Nebraska's non-compliance, adding that they want the water they're entitled to.
    Kansas' new attorney general expects court battle
     Kansas' new attorney general, Stephen Six, said last week that he expects to file more litigation with the U.S. Supreme Court against Nebraska over the Republican River.
     He figures the filing is still six to eight months away but has concluded that's the way to proceed.
     Six believes Nebraska continues to take more water from the Republican than allowed under the 1943 compact and subsequent settlement in 2002.
     "They don't seem to have a system in place in their state to solve the problem themselves, so we'll be asking the court to solve it," Six told the Associated Press last week.
     Nebraska's attorney general, Jon Bruning, said he's confident Nebraska has plans in place to comply "without the need for drastic actions suggested by Kansas."
     Bruning said he's looking forward to meeting Six and working with him on resolving the issues.
     For months, Gov. Dave Heineman has said he believes the two states can resolve their differences without going to litigation.
     He reiterated that view while speaking to NRD members last week during their annual legislative conference in Lincoln.
     "Cooperation, not confrontation, is the best path for everyone involved," the governor told conference attendees.
     Heineman said Nebraska has been working toward compliance and the deficit to Kansas is less than he previously believed. Current estimates put Nebraska about 117,000 acre feet out of compliance through 2006.
     Upper Republican NRD Manager Jasper Fanning told the Lincoln Journal -Star that Barfield doesn't seem too willing to acknowledge Nebraska's progress nor is he willing to compromise.
     He's representing Kansas and wants to make sure they get as much water and as much money from Nebraska as he can, Fanning said.
     (Staff and Associated Press reports were used to compile this story.)