Report: Findings for Lower Platte Do Not Support Fully Appropriated Status
March 12, 2009
PRESS RELEASE BY:
- Lower Elkhorn Natural Resources District
- Lower Loup Natural Resources District
- Lower Niobrara Natural Resources District
- Lower Platte North Natural Resources District
- Lower Platte South Natural Resources District
- Papio-Missouri River Natural Resources District
- Upper Big Blue Natural Resources District
- Upper Elkhorn Natural Resources District
- Upper Loup Natural Resources District
REVIEW COMPLETE – FINDINGS FOR LOWER PLATTE DO NOT SUPPORT FULLY APPROPRIATED STATUS
Following a scientific and legal review, the preliminary determination that the Lower Platte River Basin is fully appropriated is not supported by the science and is in conflict with the State’s regulations. On December 16, 2008, the State of Nebraska Department of Natural Resources (DNR) issued a preliminary determination that the Lower Platte River Basin, including tributaries, is fully appropriated. Nine Natural Resources Districts (NRDs) – including all eight in the lower Platte – recently concluded their review of this determination. As provided by statute, the 90 days following the preliminary determination are to be used by DNR for hearings and receiving evidence and for the NRDs and DNR to consult water users and stakeholders regarding the preliminary findings. The NRDs worked closely with DNR during this period of time, engaging in an open dialogue, exchanging information, and working together to ensure the final determination is based on the best science and is consistent with the regulations. Although the NRDs previously shared this information with DNR, they presented their findings at the final hearing in Fremont, Nebraska on March 12.
These findings include the following:
- The methodology used in the 2009 Annual Evaluation is inconsistent with DNR’s regulations because it:
(a) includes impacts for wells outside the hydrologically connected area; and
(b) assesses the 65/85 rule against a junior appropriator, rather than the most junior appropriator. - The 2009 Annual Evaluation substantially over-estimates the current levels of groundwater pumping in the basin.
- The 2009 Annual Evaluation utilizes an out-dated methodology – known as the Jenkins method – to calculate stream depletions outside the ELM area. This methodology is not the best available science.
- The 2009 Annual Evaluation includes streamflow depletions from over 100 wells below the Louisville gage as though the depletions are occurring at the Louisville gage.
- The preliminary determination that the Lower Platte River Basin is fully appropriated is not supported by the best science and is not consistent with the regulations.
Reflecting on these findings, John Miyoshi, General Manager of the Lower Platte North NRD, commented: “It was extremely beneficial, with DNR’s cooperation, to do a transparent review of the work that led to the preliminary determination of fully appropriated. It is our hope that we can continue working together to assure we are using the best science and are consistent with the regulations in the future. At this time, it would appear that a final determination of fully appropriated is not supported by the best science with adherence to the state regulations governing this process.”
Questions should be directed to the NRD General Managers as listed:
- Stan Staab – Lower Elkhorn NRD – 402-371-7313
- Butch Koehlmoos – Lower Loup NRD – 308-728-3221
- Duane Filsinger – Lower Niobrara NRD – 402-775-2343
- John Miyoshi - Lower Platte North NRD – 402-443-4675
- Glenn Johnson – Lower Platte South NRD – 402-476-2729
- John Winkler - Papio-Missouri River NRD – 402-444-6222
- John Turnbull – Upper Big Blue NRD – 402-362-6601
- Dennis Schueth – Upper Elkhorn NRD – 402-336-3867
- Anna Baum – Upper Loup NRD – 308-645-2250
Letter to DNR Director Brian Dunnigan (PDF)
Lower Platte Basin Technical Review (PDF)