February 8, 2008
Contact:
Lisa Taylor
Public Information Officer
Kansas Department of Agriculture
(785) 296-2653
ltaylor@kda.state.ks.us
Kansas seeks fast-track resolution to Republican River issue
TOPEKA - Kansas' top water official today asked the Republican River Compact Administration to consider the dispute between Kansas and Nebraska due to Nebraska's overuse of Republican River water a "fast-track issue" under the compact's dispute resolution procedure.
At the same time, Attorney General Stephen Six communicated with Nebraska Attorney General Jon Bruning that "we will not talk for talking's sake."
"Kansas has been patient in waiting for Nebraska to take concrete action," Six said. "In the face of that patience, Nebraska has flouted its obligations under the Compact and the 2002 settlement. Let me assure you, we are committed to getting our water."
As Kansas has designated the dispute a fast-track issue, it must be addressed by the administration within 30 days or as agreed to by the states. Kansas would agree to have the dispute taken up at a special meeting the compact administration already has scheduled for March 11.
The compact administration is made up of David Barfield, chief engineer of the Kansas Department of Agriculture's division of water resources; Ann Bleed, director of the Nebraska Department of Natural Resources; and Dick Wolfe, Colorado state engineer.
"If it turns out the dispute can't be resolved by the compact administration, we will have to advance the matter to nonbinding arbitration according to resolution procedures already agreed to by our states," Barfield said.
At dispute is Nebraska's overuse of Republican River water, which Kansas officials contend to be 82,870 acre-feet beyond what Nebraska 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.
On Dec. 19, Kansas demanded that Nebraska pay monetary damages for its overuse of Republican River water in 2005 and 2006 and to significantly reduce its use to come into compliance with the terms of the Republican River Compact and the 2003 U.S. Supreme Court decree and final settlement stipulation.
Also in that letter, Kansas specified that Nebraska should remedy its overuse by immediately shutting down wells within 2.5 miles of the Republican River and its tributaries and on land where irrigation started after 2000. They also asked that Nebraska pay damages for overuse in 2005 and 2006 because Kansas' crop losses couldn't be recovered. Kansas asked for damages in an amount equal to Nebraska's gains or Kansas' losses, whichever is greater.
"Nebraska's efforts to come into compliance with the terms of the settlement have been grossly insufficient, so Kansas demanded immediate aggressive action to curtail water use and payment of damages," Barfield said. "The ultimate goal, however, is to get Kansas the water it is entitled to, and we're following protocol established in the settlement stipulation."
Nebraska had 45 days, or until Feb. 4, to respond to the proposed remedy or Kansas would submit the matter to the Republican River Compact Administration for dispute resolution.
Bleed replied to Kansas' demand letter on Feb. 4, stating "Nebraska cannot accept Kansas' proposed remedy."
Barfield's letter to the compact administration can be viewed online at
../../interstate_water_issues/content/142.
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.