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In the Summer, 1996 issue of Nebraska Resources, the long-standing dispute between Nebraska and Kansas over the interpretation of the Republican River Compact was described as were the efforts then underway to negotiate a solution satisfactory to both states. At that time, an "Option for Settlement" was being discussed with interested parties in the two states. Conclusions had not yet been reached about whether that "Option for Settlement" would be acceptable to either state.
At a number of meetings conducted last fall in the Republican River Basin, Nebraskans were nearly unanimous in their opinion that the "Option for Settlement" was unacceptable. In general, they felt that it would give too much water to Kansas and would result in too many hardships on Nebraska users. That message was conveyed to the Kansas negotiating team in late 1996 and the two teams thereafter made an effort to explore other possibilities. However, that effort was not fruitful and the Kansas team informed the Nebraska team at the conclusion of the February negotiation session that it would terminate the negotiations, at least for now. In his letter officially informing the Nebraska team of Kansas' decision, David Pope, the Kansas Commissioner for the Republican River Compact, stated as follows: "Resolution of Kansas' concerns regarding enforcement of the Republican River Compact requires Nebraska not only to recognize and understand the problem, but to take meaningful action towards its resolution. Despite the hard work and the good intentions of the Nebraska negotiating team, we believe that, until the responsible parties of the State of Nebraska acknowledge their obligations under the Republican River Compact, and take action to fulfill them, our continued participation in negotiations will not lead to agreement or action. As a result, Kansas will no longer participate in the mediation process. Kansas will continue to put its energies into exploring other means for resolving our concerns."Notwithstanding Kansas' action, the Nebraska team is hopeful that negotiations can be renewed. There are a number of activities planned or underway in Nebraska which should lead Kansas to believe that Nebraska will take "meaningful action" towards resolution of the compact issues. An assessment of the relationship between groundwater and surface water was initiated by the four Republican basin natural resources districts in the summer of 1996 and will eventually lead to decisions about whether management areas should be created and regulations adopted by those districts to integrate the management of those hydrologically connected resources. By recently passing LB 30, the Nebraska Legislature has also given those NRDs the authority to temporarily suspend construction of new wells that would pump in excess of 50 gpm. That temporary suspension, which could last no more than five years, could apply to the whole natural resources district or to a smaller portion, such as the alluvial aquifer. If the Republican basin NRDs choose to exercise that authority, the temporary suspension will allow time for the study process mentioned above to be completed without worsening the problem. Once the study is completed and the districts decide how they want to proceed, the temporary suspension would be lifted.
Determining the nature of the relationship between groundwater and surface water and how that should be dealt with raises complex questions and will be expensive. As of this writing, the prospects look favorable for at least two funding sources being made available. First, Governor Nelson has recommended to the Appropriations Committee that the Department of Water Resources receive an additional $225,000 in each of the next two years for addressing surface water and groundwater conflicts. If appropriated, that money will most likely be used primarily to address Republican basin issues. In addition, Southwest Nebraska Resources Conservation and Development, Inc. has received a favorable recommendation from the Eligibility Committee of the Environmental Trust for funding a Republican River water management initiative in the amount of $330,000. If that recommendation is approved by the Environmental Trust Board, it will assist the Republican basin districts in developing an action plan for the future.
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