CENTRAL PLATTE NRD
INSTREAM FLOW RIGHTS

The Central Platte NRD has instream flow water rights on the Platte River to protect and enhance wildlife.  

Instream flow water rights do not create flows nor guarantee that the stream will not run dry.  But, the flows specified by the instream flow water rights must be met before any future project could take water from the Platte.  The flows specified by these water rights are a factor in providing either bird habitat on the Platte (specifically for whooping cranes, sandhill cranes, interior least terns and piping plovers) or habitat for food sources consumed by the birds.  Based on extensive scientific studies, they are the minimum flows necessary to provide habitat. The total instream flow protected by the Central Platte NRD is 543,345 acre feet of water.

The protected portion of Platte extends from a hydropower return (J-2) near Lexington to Columbus, depending on the need.  Listed below are the instream flow water rights to protect minimum flows in the river for fish and wildlife purposes approved by the Nebraska Department of Water Resources (now the Nebraska Department of Natural Resources) on July 2, 1992.

CPNRD's Water Rights for Fish & Wildlife Habitat
APPROPRIATION TIME PERIOD PURPOSE SPECIES BENEFITED CFS OF FLOWS GRANTED REACH
A-17004a January 1 - June 23 Maintain fish/macroinvertibrates as food sources Least Tern and Piping Plover 500 Mouth of J-2 return to Columbus
A-17004b June 24 - August 22 Maintain fish/macroinvertibrates as food sources Least Tern and Piping Plover 600 Mouth of J-2 return to Columbus
A-17004c August 23 - December 31 Maintain fish/macroinvertibrates as food sources Least Tern and Piping Plover 500 Mouth of J-2 return to Columbus
A-17007b March 1 - March 31 Maintain staging/roosting habitat Sandhill Crane 1,100 Mouth of J-2 return to Chapman
A-17007c October 1 - October 11 Maintain staging/roosting habitat Sandhill Crane 1,100 Mouth of J-2 return to Chapman
A-17008a April 1 - April 14 Maintain staging/roosting stopover habitat Whooping and Sandhill Cranes 1,300 Mouth of J-2 return to Grand Island
A-17008b April 15 - May 3 Maintain staging/roosting stopover habitat Whooping Crane 1,500 Mouth of J-2 return to Grand Island
A-17008c October 12 - November 10 Maintain staging/roosting stopover habitat Whooping Crane 1,500 Mouth of J-2 return to Grand Island
A-17009 April 1 - April 14 Maintain staging/roosting stopover habitat Sandhill Crane 1,100 Grand Island-Chapman

A final order was issued by the Department of Natural Resources on September 23, 1994 , for the above appropriations which have a July 25, 1990 , priority, that allow for the instream appropriation of water in the Platte River in the reach specified, during the time period specified, held by Central Platte Natural Resources District.

10/5/09:  The Nebraska Department of Natural Resources concluded that the Instream Flow appropriations continue to be used beneficially for the purposes for which they were granted, are in public interest, and should continue in effect with no modifications.  Click here for Review.

9/3/09 Update to Board:  Mark Czaplewski, biologist, reviewed the requirements regarding instream flow rights and the renewal process which recently came up for a mandatory 15-year review.  The review looks at whether or not the instream flow water right continues to provide beneficial uses and be in the public interest.  The NRD originally applied for these rights in July 1990.  In September 1994, the DWR approved the applications.  It’s now 15 years later and current laws necessitated this review.  Legal notices were published to provide the opportunity for the public to comment and the only comment received was supportive of the instream flows.  An Order to continue the water rights is expected soon.

Under State of Nebraska Statutes Section 46-2,112, the NRD is required to have the instream flow water rights reviewed every 15 years.  The rights were approved in 1992, however, unsucessful appeals were completed in September 1994.  The NRD will comply with the 15 year review requirement in 2009  Click here for statute

History & Science behind CPNRD's instream flow water rights: 
--State of Nebraska Department of Water Resources Application Approval July 2, 1992  Click Here

--Department of Water Resources Order on Appeal for Permits to Appropriate Water for Instream Flows on Platte River Denied (in favor of CPNRD) September 23, 1994   Click Here

Recent Studies Conducted: 
The CPNRD continued research in support of the NRD's instream flow water rights to complete and update the studies used to determine the beneficial uses for which the permit was granted and to determine whether the permit is still in the public interest.  Listed below are studies conducted since the rights were approved in 1994:

--An Approach to Evaluate Habitat-Flow Relationships for the Fish Community in the Central Platte River, Nebraska  October 2004  Click Here

--Final Report: PHABSIM evaluation in the Chapman to Columbus Reach of the Platte River, Nebraska  November 2006  Click Here

For more information contact:  Mark Czaplewski, CPNRD Biologist  Email
                                             

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