Nebraska Supreme Court to decide if CNPPID can challenge Pumpkin Creek groundwater allocation
By Lori Potter, The Kearney Hub
The Nebraska Supreme Court will decide if a surface water irrigation district can challenge groundwater pumping allocations set by a natural resources district.
At issue for the Holdrege-based Central Nebraska Public Power and Irrigation District is a 14-inches-per-acre allocation (56 inches over four years) set by the North Platte Natural Resources District for groundwater irrigators in the Panhandle's Pumpkin Creek watershed.
The allocation is part of the Scottsbluff-based NPNRD's integrated water management plan.
CNPPID officials say the allocation is too high because it still will result in groundwater-related depletions to Pumpkin Creek flows into the North Platte River and eventually into Lake McConaughy, reducing Central's irrigation and hydropower water supplies.
CNPPID attorneys filed a petition in Scotts Bluff County District Court seeking a judicial review after the NPNRD board failed to grant Central a "contested case hearing" on the integrated water management plan. The judge's ruling that CNPPID has no standing to challenge the plan was appealed to the Nebraska Court of Appeals.
Holdrege attorney Mike Klein told the Central board Monday that the Nebraska Supreme Court has granted CNPPID's petition to bypass the Appeals Court and take the case.
"I wouldn't be surprised to see this case scheduled for oral argument in May," Klein said. "There's no way to predict. It depends on what else is before the Supreme Court."
He explained that the issue to be decided is whether Central can object to NPNRD rules setting the Pumpkin Creek watershed groundwater allocation.
"I think it's very likely that the court will agree with us that Central has standing and send it back to district court," Klein said. "... And then we'll get back to the substance of the complaint, that Pumpkin Creek is dry because of the use of groundwater."
The Supreme Court's answer also will affect other similar Central court actions involving five NRDs, the Nebraska Department of Natural Resources and an integrated water management plan for the overappropriated part of the basin west of Elm Creek.
In other CNPPID business Monday, staff reports were given on three Central reservoirs.
Civil Engineer Cory Steinke said Lake McConaughy now holds 1,128,000 acre-feet of water, which is 65 percent of a full volume and 295,000 a-f more than at this time last year. The lake also is 14 feet higher.
Inflows are at 80 percent of normal, which means Steinke's peak projections for the lake this spring likely will be 1.5 feet and 34,000 a-f too high. He said the Rocky Mountain snowpack is 83 percent-86 percent of normal.
Inflows are at 80 percent of normal, which means Steinke's peak projections for the lake this spring likely will be 1.5 feet and 34,000 a-f too high. He said the Rocky Mountain snowpack is 83 percent-86 percent of normal.
Lake McConaughy outflows are at 500 cubic feet per second, with 200 cfs for Nebraska Public Power District projects and 300 cfs to help fill Elwood Reservoir.
Irrigation Division Manager Dave Ford said water has been gravity flowing into Elwood for two weeks and reservoir pumps were started Monday. It will take until June to fill the remaining 33 feet of reservoir space.
Gothenburg Division Manager Kevin Boyd said it's still believed that water pooling below Johnson Lake Dam is snowmelt, not lake water coming through the dam.
Tests on water from the lake and the pool area by Ray Ward of Ward Laboratories in Kearney confirm that conclusion, Boyd said, and a Pennsylvania consultant agrees.
Federal Energy Regulatory Commission officials have OK'd Central's plan to continue daily monitoring unless some condition changes are seen and to re-evaluate the situation after all the snow has melted and dry weather returns.
In other business, the board:
- Accepted the resignation of 22-year board member Doyle Lavene of Bertrand, effective March 31. The term runs through 2014. The position serving Gosper County will be advertised, a committee will interview candidates and narrow the selection, and the board will select a new director.
- Were told by General Manager Don Kraus that work continues on an agreement with the Platte River Recovery Implementation Program for feasibility studies on a possible water regulating reservoir near the J-2 Hydro. The next meeting of the program's Governance Committee is March 9-10 in Kearney.
- Were told by Engineering Services Manager Eric Hixon that the Kingsley Hydro rehabilitation project, currently costing $3.15 million, should be completed by the end of April.
- Approved major vehicle and equipment purchases: a dump truck, $69,350 from Hansen International of Grand Island; an excavator, $182,892 from Road Builders of Grand Island; five pickups, four from Bill Summers Ford of North Platte and one from Gene Steffy Chrysler Center of Fremont, totaling more than $99,000; and two Ford Fusions from Janssen Motor Co. of Holdrege, $30,499.
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