June 25, 2009 Testimony of Support-LB483
I am Tim Knuth board member of the Upper Elkhorn NRD located at 301 North Harrison, O’Neill NE. This testimony is in support of the LB483 Rules and Regulations in the districts efforts to protect the economic well-being and water resources of the district.
On April 13, 2004 Governor Johanns signed LB962 and it required the Nebraska Department of Natural Resources to do an annual report starting January, 2006 on the availability of hydrologically connected surface and ground water within the State of Nebraska. There have been three previous reports done by the Nebraska Department of Natural Resources to evaluate ground and surface water supplies that included the Upper Elkhorn NRD. On December 16th, 2008 the Nebraska Department of Natural Resources 2009 Preliminary Report designated the Lower Platte River Basin, which includes the Elkhorn and Loup River basins, as fully-appropriated. This determination meant no new consumptive uses for ground or surface water. Consumptive uses for the Upper Elkhorn NRD are primarily the expansion of new irrigated acres either by the drilling of a new well or expansion of existing irrigated acres. Other types or examples of increases to consumptive uses of ground or surface water could be from domestic, municipal, industrial or commercial users.
The Governor signed LB483 on April 6th, 2009 which allows for limited ground or surface water development if a designation of preliminary or fully-appropriated designation was lifted. The Lower Platte River Preliminary Fully appropriated designation was lifted by the Nebraska Department of Natural Resources on April 8th 2009, however the area included in the designation was now impacted by LB483. Legislative Bill 483 allows the affected Natural Resources Districts 120 days to develop rules and regulations for the expansion of ground water consumptive uses; this is the process that we are following. The Upper Elkhorn NRD is moving forward to allow expansion of new ground water uses as outlined in the “Rules & Regulations” being presented tonight. The new ground water development (use) being proposed would be limited to a total of 10,000 acres with a goal of 2,500 acres annually for years 2009 thru 2012. These acres are not available to the areas of the UENRD impacted by the Niobrara Basin designated in 2008. There will be a protocol and a ranking system for the expansion of these annual acres. Currently, the Upper Elkhorn NRD can not allow or accept any applications for expansion of new acres until these Rules and Regulations are adopted as outlined. The Nebraska Department of Natural Resources will also be developing criteria that allows development of 834 acres annually from surface water.
I encourage the Upper Elkhorn NRD to adopt these Rules and Regulations and want to submit this into record.
____________________________________________Board Member Signature
June 25, 2009