NegotiatedRulesCommi ttee

Slide1: 

Negotiated Rule Making Process for Determining Fully Appropriated Basins Roger Patterson Director, Nebraska Department of Natural Resources

River Basin shall be deemed fully appropriated if:: 

River Basin shall be deemed fully appropriated if: Surface water supply insufficient to sustain over the long term the beneficial or useful purposes of surface water appropriations Streamflow insufficient to sustain beneficial uses from wells dependent on surface water recharge Streamflow insufficient to maintain compliance with an interstate compact or decree

Slide3: 

Pursuant to Neb. Rev. Stat. 46-713 for completion of evaluations of fully appropriated the DNR shall: specify by rule the types of scientific data and other information that will be considered for making the preliminary determinations - rely on best scientific data and information available

Slide4: 

Negotiated Rules Making Committee Membership Mike Allen – Nebraska Well Drillers Brian Barels – Public Power and Irrigation Districts and NPPD Don Blankenau – League of Municipalities Steve Huggenberger – City of Lincoln Ron Bishop – Nebraska Groundwater Management Coalition Larry J. Hutchinson – Game and Parks Commission Don Kraus – Central Nebraska Public Power and Irrigation District Scott D. Peterson – Small Municipalities Jay Rempe – Nebraska Farm Bureau Federation Al Schmidt – Nebraska State Irrigation Association

Slide5: 

Negotiated Rules Making Committee Membership Dennis Schueth – Ground Water Management Coalition, UENRD Chad Smith – American Rivers and the Nebraska Wildlife Federation Dan Smith –Nebraska Association of Resources Districts, Republican River Management Districts, MRNRD Dennis Strauch – Surface water users, Irrigation Districts, PID John Turnbull – Nebraska Association of Resources Districts Lyndon Vogt Ground Water Management Coalition, UNWNRD

Charge to Committee: 

Charge to Committee Specify by rule and regulation the types of scientific data and other information that will be considered for making the preliminary determinations of whether a basin is fully appropriated (required by statute) Develop criteria for determination of fully appropriated

Committee Deliberations: 

Committee Deliberations Met seven times Reviewed information relating to levels of interference hydrological connectivity economic analysis of water demand for crops amount of flow expected to be available, present and future

Slide8: 

Decisions of Committee

Types of Scientific Data and Other Information - Consensus: 

Types of Scientific Data and Other Information - Consensus Surface water administrative records Department hydrographic reports Department and USGS stream gage records Department registered well database Water level records, maps from NRDs, CSD< USGS and other peer reviewed publications Technical hydrogeological reports from UN, USGS and other peer review publications Ground water models Current rules and regulations of NRDs Best Scientific information available

Criteria for Determining Whether a Basin is Fully Appropriated: 

Criteria for Determining Whether a Basin is Fully Appropriated Water supply sufficient to provide economically viable use Considering the lag effect of pumping from existing wells

DNR Proposed Rule on Whether Basin is Fully Appropriated: 

DNR Proposed Rule on Whether Basin is Fully Appropriated A basin, subbasin or reach is fully appropriated if after considering a 25 year lag effect: Any irrigation right will be unable to divert at least 85% of the annual crop irrigation requirement May 1 – September 30 Or will be unable to divert at least 65% of the annual crop irrigation requirement July 1 – August 30.

Concerns with Proposed Rule : 

Concerns with Proposed Rule Length of time for considering lag effect Suggestions ranged from 10 years to 50 years Percentage of crop irrigation requirement that needed to be met Suggestions ranged up to 99% Don’t propose a specific method as above but report must explain methods used

Geographic Area within which the Department Considers Surface Water and Ground Water to be Hydrologically Connected : 

Geographic Area within which the Department Considers Surface Water and Ground Water to be Hydrologically Connected Area within which pumping of a well for __ years will deplete the river or a base flow tributary by at least __% of the amount pumped

Geographic Area within which the Surface Water and Ground Water to be Hydrologically Connected : 

Geographic Area within which the Surface Water and Ground Water to be Hydrologically Connected Committee reviewed options generally ranging from 1 % in 50 years to 28% in 40 years

DNR Proposed Rule on Whether Basin is Fully Appropriated: 

DNR Proposed Rule on Whether Basin is Fully Appropriated Area within which pumping of a well for 50 years will deplete the river or a base flow tributary by at least 10% of the amount pumped

Slide21: 

Thank You The problems that exist in the world today cannot be solved by the level of thinking that created them. Einstein