Tuesday July 01, 2003
KS:
Kansas Finalizes Republican River Settlement
Source: Kansas Attorney General Phill Kline
Kansas, Nebraska, and Colorado finalized their agreement to the groundwater model yesterday and submitted it to Special Master Vincent McKusick, who was appointed by the U.S. Supreme Court to hear the case. The model will be used by the states to ensure compliance with the 1943 Republican River Compact, so Kansas receives the water to which it is entitled.
"The Republican River is vital to Kansas’ farmers and ranchers," Kline said. "This settlement will ensure that they receive the water to which they are entitled, literally billions of gallons a year. We are pleased that we have reached an agreement that will benefit them so much. "
"I would also like to thank the Division of Water Resources for helping to make that happen", Kline added.
In 1998, Kansas sued Nebraska and Colorado in the U.S. Supreme Court after years of unsuccessful attempts to persuade Nebraska to bring groundwater pumping under control in that state. Nebraska sought to have the case dismissed, claiming that the Republican River Compact applied only to surface water. Nebraska’s position was rejected by Special Master McKusick, who recommended to the Supreme Court in 2000 that groundwater use, to the extent it depletes surface flow, is regulated by the compact.
After the Supreme Court’s denial in 2000, Kansas, Nebraska and Colorado sought a stay in the case to allow them time to negotiate a settlement. In December 2002, after roughly 14 months negotiating, a final settlement stipulation was agreed to by the governors and attorneys general of the three states. In May 2003, the Supreme Court approved the settlement and dismissed the case effective on the states adopting a groundwater model.
"With this groundwater model, we will be able to verify compact compliance based on clear, detailed accounting formulas," said David Pope, chief engineer of the Kansas Department of Agriculture’s division of water resources, which is responsible for water resource management in the state. "It will protect Kansas water users over the long term and when it counts the most -- when water is short."
For Kansas, the model shows that water use in Kansas will meet settlement requirements under all but the most extreme circumstances. This is due primarily to Kansas’ restrictions in new development dating back to 1984. Nebraska was required to implement a moratorium on drilling new wells to meet settlement terms. And, during dry periods, Nebraska may have to curb its use by 40,000 acre feet (13 billion gallons) or more a year.
The groundwater model will calculate the effects of well pumping on the Republican River in the future. It covers a 30,000 square mile area in Kansas, Nebraska and Colorado where groundwater pumping and other water operations affect Republican River flow. It models the impact of about 26,000 alluvial and Ogallala wells on the surface flows of the Republican River that irrigate more than 2.6 million acres in Colorado, Nebraska and Kansas.
Contact:
Bill Hoyt (785) 368-8432