The NRD is seeking to acquire irrigation rights through easements with the option to still plant dryland crops.  Rates depend on depletion % to the river.  If you're interested in selling groundwater irrigation rights, contact Ron Bishop 308-385-6282 .

UPDATES
***A new EQIP opportunity is available for farmers in the Central Platte NRD.  To help offset depletions to the Platte River, an incentive payment will be available through EQIP for converting irrigated land to non-irrigated land on a permanent basis. The area eligible for the EQIP incentive payment lies in the over-appropriated area from Elm Creek west into Dawson County (see map in insert). The total payment rate is based on the difference between the irrigated and non-irrigated land value multiplied by a resource impact factor. The EQIP portion of the payment is $200/acre/year X 3 years, for a total of $600 per acre per EQIP contract.

This incentive payment will be used in conjunction with the CPNRD Water Banking Program where the NRD would hold a permanent easement on the land converted to dryland. The intent is to combine NRD funds with EQIP dollars to make this opportunity available to more producers, which will help to restore the depleted watershed.  The Natural Resources Conservation Service (NRCS) has announced that Dec. 14, 2007, will be the cutoff date for funding applications in the Environmental Quality Incentives Program (EQIP).  EQIP is a voluntary conservation program available from NRCS. Through EQIP, farmers and ranchers may receive financial and technical assistance to install conservation practices on agricultural land.  Those interested in applying for EQIP should contact their local Natural Resources Conservation Service office:  NRCS Offices (Ext. 3)   Lexington (308) 324-6314      Central City (308) 946-2251      Kearney (308) 237-3118       Grand Island (308) 382-0814      Osceola (402) 747-2461       CPNRD (308) 385-6282

Check the stream depletion percentage on YOUR LAND.  If your land is located in the Western part of the District-click here.  If it's in the Eastern part, click here.

***At the November Board meeting, Ron Bishop, manager, reported that 3 pending easements were approved in Dawson County for the Water Bank Program.   The board also approved the purchase of four other easements in the amount of $470,000 with the requirement that the acres are currently certified as irrigated.  These easements will provide nearly 200 acre-feet to the river.  James Huntwork, NRCS, said that several of the individual landowners qualify for the EQIP Conservation Easement Program; which will allow them to receive funds through the NRCS and the NRD to retire their irrigated acres.

THE NEED FOR A WATER BANK
The concept of a “water bank” is new to us in the Central Platte NRD and to the state of Nebraska. That’s why the Board of Directors have diligently been discussing details about how a water bank should be set up and maintained. On May 24, 2007 the board approved the Central Platte NRD Water Banking Project which defines the process of a how a water bank will work.

LEGISLATION
Before going into the actual process, let’s first review why we need a water bank in the District. Two recent developments have made the establishment of a “water bank” of critical importance.  The first began in 2004, when Nebraska adopted LB 962 that calls for the integrated management of surface water and groundwater. As part of the LB 962 process, the Platte Basin above Elm Creek, Nebraska was declared over-appropriated. Columbus to Elm Creek was designated as fully appropriated.  With those designations, the NRDs and the Department of Natural Resources (DNR) are responsible for developing Integrated Management Plans (IMP) that would call for “no new uses” in the basin above Columbus that would negatively impact an existing surface water right or groundwater use. New uses could be allowed, but any depletion to existing rights and uses must be “offset” with water.

Additionally, in the basin above Elm Creek, the IMP will have to replace or offset uses sufficient to return the basin to a fully-appropriated status; with the first increment of that effort being a return to 1997 levels (since this area has been designated as over-appropriated.) This too, will require all the uses above and beyond a fully-appropriated status to be replaced or offset.

WILDLIFE PROGRAM
The second development was when Nebraska entered into the Platte River Recovery Implementation Program (PRRIP) in 2006 with the states of Wyoming and Colorado and the U.S. Department of Interior. The program calls for no new depletions to U.S. Fish and Wildlife Service “target flows” and a return to the 1997 level of depletions. Again, new uses could be allowed, but any depletion must be offset with water.  This replacement of water or “offset” can be accomplished in any one of three ways.

Click here for Water Bank newsletter....

OPTION 1: Purchase water. 
Acquire water from outside the Central Platte NRD and transport it to the central Platte River. 
Two problems exist with this option: 
1) Where to get the water? Everyone around us that has water in any quantity has been declared over-appropriated, fully appropriated or is about to be designated as such.
2) Cost. We would have to pay for the water itself and pay the cost to transport it to the central Platte River. It would be some distance, making the cost high.

OPTION 2: Regulation. 
Regulate all current users to reduce the number of irrigated acres and other uses in a sufficient amount to replace the current and future excess depletions. This option treats everyone the same by requiring a uniform percentage of reduction in irrigated acres on every farm operation. Some “grouping” of areas that have similar conditions can be made, but equity becomes an issue if Group A is treated differently than Group B.

Primary problem with Option 2: Operators develop their labor and equipment based upon an operation of a certain size. A 5%, 10% or 15% reduction in the size of that operation reduces the efficiency of their labor force and/or their equipment; and opens up the question of what to do with the non-irrigated and non sub-irrigated acres. Change equipment for dryland crops?

Inefficiencies with Option 2: Inefficiencies are built into this “regulation” option. These include how much land, and which lands, are retired to meet the required goal. Since not all of the lands impact the river the same amount, there will be acres retired that have both a large and a small impact on the river– even if areas that have similar features are “grouped.” Administration is also high on this option since every farm operation would have to be monitored for compliance.  Nevertheless, regulation must remain a viable option because it is one sure way of meeting the requirements of Nebraska law.

OPTION 3: Water Right Acquisition. 
Acquire permanent easements from willing sellers to retire irrigated acres (and other uses) and convert the land or use to one that has a lesser impact on the river, thus increasing the flows. This option has the potential to be the most efficient in that it would likely attract odd size 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 if the fee structure for the acquisition was set up based upon a uniform cost for each acre-foot of impact to the river.

Water Banking Policy The Central Platte NRD Board of Directors has decided that Option 2: Regulation and Option 3: Water Right Acquisition are the options that will be implemented in order to achieve compliance with the law within the CPNRD. Option 3: Water Right Acquisition will be the first option implemented. The Board will do as much as economically reasonable and feasible to achieve the requirements before implementing Option 2: Regulation.

This water right acquisition will be handled through the District’s Water Bank that will also be used to facilitate offset acquisitions for new and expanded uses. These adopted policies on May 24, 2007, officially start the NRD Water Bank.  The NRD will begin acquiring water rights within 45 days.

WATER BANK POLICIES

OPTION 3: Water Right Acquisition

◄ Acquire water rights and uses that have an impact on Platte River stream flow to have available for replacement or offset needs of (a) the NRD, (b) new agricultural and industrial uses.

◄ Upon request, deposit and account for individuals that have impact on the Platte River stream flows but are being abandoned. Water rights and uses deposited in the water bank by individuals will be protected and preserved for 15 years; after which time, if unused, they revert to the Central Platte NRD to be used, sold or transferred.

◄ Administrative fee (per acre-foot transferred of the then current rate) will be charged at:

5% Individuals withdrawing their own previously deposited water rights or uses to transfer to a new use of their own.
10% Individuals withdrawing their deposited water rights or uses to transfer to another person’s new use.
15% Individuals acquiring water rights for offsetting their own new depletions.

◄ District will acquire water rights and uses from current users on a willing seller/willing buyer basis.

◄ Preferred method of acquisition would be by perpetual conservation easements that control future uses.

◄ Temporary conservation easements, temporary leases, and fee title to land will only be considered on a case-by-case basis and only if it’s advantageous to the best interest of the District and its residents.

Target Water Rights & Uses

Benefit: Defined as only those parts of a water right or use that impact the Platte River within 50 years and can be counted as replacement or offset water if retired. (Not all wells and uses impact the river equally.) A use that depletes the river 80% of what the use consumes provides twice the replacement or offset benefit as a use that consumes the same amount of water but only impacts the river 40%.

When acquiring water rights and uses to retire and place in the water bank, the NRD will base payment rate on the impacts to the river. The higher the impact to the river, the more the value.

In order to maximize the benefits of, and insure uniformity and equity in benefits & costs, water rights and uses will be based upon a cost per acre-foot impact on the river.

Target Areas

The “over-appropriated” area above Elm Creek will be the highest priority area because:

-Replacement water needs are higher in areas designated as over-appropriated.

-Location is in the upper end of the District and can serve offset requirements and needs for all agricultural, municipal and industrial uses downstream.

The NRD will initially reserve 70% of the appropriated water bank funds to target this area each year. The remaining 30% of the water bank funds will be reserved for the rest of the District. The location of each acquisition will be considered since acquisitions can potentially serve a wider number of new uses the further west they are located in the District.

Target Programs

Center Pivot Programs: Center pivot programs offered by the USDA (EQIP Program) & the NRD that temporarily reverts corners back to dryland will be a target program by offering an additional incentive to permanently revert those corners to non-irrigated, non sub-irrigated uses.

New Program: The District will also initiate a new Water Rights Acquisition Program to acquire water by reverting irrigated uses to non-irrigated, non sub-irrigated uses.

Administration

Water bank activities will be reviewed by the Water Bank Subcommittee. The Subcommittee will forward a recommendation to the Board of Directors for final action.

First in Nebraska

Central Platte NRD’s water bank is the first to be implemented in Nebraska. At least three other Natural Resource Districts (NRDs) currently considering water banks in the Platte Basin, especially those that have been declared over-appropriated. These NRDs include: the Twin Platte NRD in North Platte, the Tri-Basin NRD in Holdrege and the North Platte NRD in Gering.  Ron Bishop, general manager, said the state of Kansas is the only other state that he knows of that has a water bank.

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