U.S. Water News Online
LINCOLN, Neb. -- Nebraska officials exceeded their authority by restricting new irrigation wells within the Upper Big Blue Natural Resources District, a lawsuit by the district claims.
"The board thinks that the Platte River decision needs to be within the Platte Basin," John Turnbull, general manager of the York-based NRD, said.
The district's dispute with the Department of Natural Resources stems from a preliminary decision by the department in December to not allow new irrigation wells and new irrigated acres in a portion of Hamilton County.
Later, a farmer sought a permit to drill a new well between the Platte and Big Blue rivers. The district, citing the state's stance, rejected the request. It asked the DNR for a final decision, which was received recently.
Once the state's restriction was final, the district prepared to head for the courthouse, Turnbull said.
In documents filed in Lancaster County District Court, the district says the state exceeded its authority by banning new wells and irrigation in Big Blue Basin territory.
The collision of authority between the state and the natural resources district comes as state regulators seek to ease the impact of groundwater pumping on rivers and streams.
"Now that a suit has been filed, I think that an awful lot of people will be content to sort of sit and watch and see how this one plays out," Dave Aiken, a specialist in water law at the University of Nebraska-Lincoln, said.
The district wants a court to settle the conflict resulting from regulatory overlap, Turnbull said.
"We've discussed this with the department over a long period of time, that we didn't think these things should cross river basin boundaries," he said. "We don't think that statutes allow them to do that."
Steve Seglin of Lincoln, an attorney for the district's board, described the lawsuit as one that targets "a very specific legal question."
Ann Bleed, acting director of the state Department of Natural Resources, declined to comment on the lawsuit.
"At this point, I haven't seen the filing," she said, "and I really don't have any comment."
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