December 19, 2007
Contact:
Lisa Taylor
Director of Communications
Kansas Department of Agriculture
(785) 296-2653
ltaylor@kda.state.ks.us
Kansas demands water cuts, damages for Nebraska’s overuse of the Republican River
TOPEKA -- Kansas officials today demanded that Nebraska significantly reduce its use of Republican River water and pay monetary damages for overuse in 2005 and 2006 in violation of a 2003 U.S. Supreme Court decree and final settlement stipulation.
"Nebraska has neglected its obligations under the final settlement stipulation, and their actions to comply with the terms of the settlement have been grossly insufficient and unrealistic," said David Barfield, chief engineer of the Kansas Department of Agriculture's division of water resources. "Kansas' water users continue to suffer as a result."
In a letter to Ann Bleed, director of the Nebraska Department of Natural Resources, Barfield wrote that to get into compliance with the settlement stipulation, Nebraska should immediately shut down wells within 2 and ½ miles of the Republican River and its tributaries and on land in the basin where irrigation started after 2000.
Also in the letter, Barfield pointed out that Kansas' crop losses in 2005 and 2006 can't be recovered, so Nebraska should pay damages equal to their state's gains or Kansas' losses, whichever is greater.
"Repayment by water appears impractical, so monetary compensation is proposed," Barfield said.
Nebraska used 82,870 acre-feet of water beyond what it was entitled to in 2005 and 2006. Their overuse from 2003 to 2006 is estimated to be 143,840 acre-feet. One acre-foot is equal to 325,851 gallons.
"The amount of water overused in 2005 and 2006 is about what a city of 100,000 would use in 10 years," Barfield said. "Clearly, this is not an insignificant amount of water we're talking about."
Kansas and Nebraska entered into a final settlement stipulation in 2002 that called for compliance with its terms on a five-year running average, or a two-year running average in water-short years. The first accounting period for the two-year running average for water-short years is 2005 and 2006.
As a remedy for Nebraska's violations, Barfield proposes the Supreme Court issue an order finding that Nebraska violated the court's decree; that Nebraska pay Kansas damages plus interest, attorney fees, costs and any other relief the court deems appropriate; that Nebraska immediately shut down irrigation wells within 2 and ½ miles of the Republican River and its tributaries and on lands in the basin where irrigation began after 2000; and all other actions appropriate for Nebraska to take to comply with the terms of the final settlement stipulation.
"Our most urgent need is to get Nebraska to comply with the settlement so Kansas gets the water we are entitled to. However, sanctions are appropriate for the violations in 2005 and 2006," Barfield said.
Nebraska has 45 days to respond to the proposed remedy and, if agreement cannot be reached, Kansas will submit the matter to the Republican River Compact Administration for dispute resolution.
To read the full text of the letter, visit Remedy for Violation. Also see Republican River Compact and Settlement.
Kansas first expressed concern in the 1980s that Nebraska was violating the Republican River Compact that defined how waters of the Republican River basin are to be divided among Colorado, Nebraska and Kansas water users. After failed attempts to resolve these concerns, and Nebraska's continued allowance for more water use, Kansas filed suit in the U.S. Supreme Court. The case settled in 2002.