Today the Nebraska High Court is hearing a case concerning groundwater users in Nebraska that are located upstream of Lake McConaughy, the state's largest lake.In early 2009, the Central Nebraska Public Power and Irrigation District (Central) brought a suit challenging the amount of "groundwater use the North Platte Natural Resources District (NRD) allows in the Pumpkin Creek basin [,]" reports Josh Funk for Businessweek online.
Stream and river flow in Nebraska is controlled by the state, which sets "water allocations for surface irrigators." However, ground irrigators "are controlled by area natural resource districts, which allocate groundwater equally to each user." So, when the NRD decided to allow farmers to pump 12 inches of water per acre in 2009, Central stepped in.
Central is charged with overseeing Lake McConaughy's and the North Platte River water levels. Central argues that allowing increased groundwater usage upstream will limit the amount of groundwater that flows into streams and creeks that feed the North Platter River, which in turn will have less water to feed the lake, which is located downstream.
Central argues that the lower water levels are a result of the upstream groundwater use, and this reduction in water levels in the river and lake results in less power production from Central, less water available to Central's irrigators "and more vocal concern from Central's irrigators that they are not allowed a full allocation of water because of pumping near Pumpkin Creek," wrote Central attorney Michael Klein.
Last year a Scotts Bluff County judge ruled that Central didn't have a right to challenge NRD's groundwater allocation in the Pumpkin Creek basin. This is the decision that is being appealed. NRD attorney are confident the ruling will hold because Central is not an individual landowner "with water rights and it's outside the NRD's boundaries."
It's now up to the Nebraska Supreme Court to settle this intrastate water war.
To read the Businessweek article, click here.
To read an AP story on the case, click here.
Posted: 04/27/10
