By Robert Pore
robert.pore@theindependent.com

Last week, the Senate Energy and Natural Resources Committee approved HR1462, which would provide federal authorization for the Platte River Recovery Program. All five members of Nebraska's congressional delegation have co-sponsored legislation to approve the program, and the House passed HR1462 last year.

"This is welcome news, and we hope the full Senate will take quick action to approve this legislation," said Dan Stahr, Nebraska Wildlife Federation executive director.

The coalition includes the Nebraska Wildlife Federation, National Wildlife Federation, National Audubon Society, Nebraska Sierra Club and Nebraska League of Conservation Voters.

Stahr said the legislation is needed to authorize $157 million in federal funding over the next 13 years for the program.

"However, we are very concerned that Nebraska may not meet its commitment to have our state depletions plan operational by the end of this year," Stahr said.

He said the Nebraska depletions plan is needed to offset the impact of the many wells and other water users put in place since 1997 on Platte River flows deemed critical for fish and wildlife.

According to the Central Platte Natural Resources District, the most recent Cooperative Hydrology Study model indicates a need to retire 2,400 acre-feet to bring the overappropriated area of the district (Dawson County) back to the 1997 level, about 3,400 acre-feet in total.

Because the NRDs are responsible for the balance of pre-1997 to fully appropriated levels, the Central Platte NRD has two options in providing these offsets, said Ron Bishop, Central Platte NRD manager.

The first option is acquiring water from a willing seller through the water bank program. The second option is to regulate the amount everyone in the district can irrigate by whatever percentage is required.

The conservation groups said Gov. Dave Heineman did not ask for any new money to implement the depletions plan in his budget request to the Legislature.

Under the Platte River Recovery Program, the U.S. Department of the Interior, Colorado water users and the state of Wyoming will pay the entire cash cost of acquiring and restoring land, improving river flows, monitoring and research for the program, estimated to be $187 million.

The state of Nebraska does not have to contribute cash for the program but is obligated to have its water depletions plan in place by the end of 2008, Stahr said.

He said the coalition sees no way to have a plan in place and be offsetting the impact on the river by the end of this year unless the state provides money this year for the depletions plan.

"If the governor and Legislature fail to do that, it could put the whole recovery program at risk," Stahr said.

The conservation groups are encouraging the Legislature and governor to make funding for the Platte depletions plan a priority in this legislative session.

In late 2006, the governors of Nebraska, Colorado and Wyoming and the Department of the Interior signed the final program agreement. The states and the Department of the Interior had been working together since 1997 to develop a recovery plan to benefit certain species yet allow continued water use and development along the Platte.

Two of the big goals of the recovery plan are to increase flows in the Platte River and to create new habitat to benefit the four endangered and threatened species the program is designed to protect.

The species are the endangered interior least tern, whooping crane, pallid sturgeon and the threatened piping plover.

Once the recovery project gets going, much of the habitat that's part of the project will be located and acquired in the Central Platte NRD.

The plan proposes to acquire 10,000 acres of new habitat. The proposed area is between Lexington and Chapman.

The land will be purchased from willing sellers, but increasing river flow may involve further regulating water use along the Platte River.

Currently, much of the Central Platte NRD has been designated as fully appropriated when it comes to groundwater development. The NRD has implemented a districtwide moratorium on new well drilling or new irrigated acres unless there is an equal offset.

A NRD water banking program that began last year is also helping the Central Platte to meet its obligations.

The water bank has retired 580 acre-feet of groundwater use since July 2007. The program was initiated to try to bring the overappropriated area of the district back to a fully appropriated designation and to provide offsets for new municipal and industrial uses across the district.

Through the water bank program, the NRD is acquiring permanent easements to retire irrigated acres to convert land or use to one that has a lesser impact on the river.

Bishop said retiring these irrigated acres will increase flows in the river.

He said water rights are being purchased on fields and odd-shaped tracts of land, such as pivot corners that are harder to farm and less efficient to irrigate.

It also would favor those lands that have a larger impact on the river, which are generally closest to the river, Bishop said.