The plan to build a canal in the South Platte River Basin was presented to the Nebraska Natural Resources Committee on Feb. 9, with a majority giving their support for the project.
The bill, LB1015, the Perkins County Canal Project Act, was introduced by Speaker of the Legislature Mike Hilgers (R-21) on behalf of Gov. Pete Ricketts (R) after it was proposed in his State of the State address Jan. 13.
The bill gives the Nebraska Department of Natural Resources (NDNR) the ability to develop, construct, manage and operate the Perkins County Canal Project and associated water storage facilities consistent with the South Platte River Compact terms.
For the construction of the project, the bill authorizes NDNR to acquire the water rights necessary, including the purchase of real estate and “to acquire real estate or access thereto in the name of the State of Nebraska by the use of eminent domain as provided under section 76-725.”
The statute reads the state may acquire, by eminent domain, lands necessary for any state use. Still, condemnation of such property must be carried out following specific steps established in the statute codes.
Ricketts, testifying before the committee, stated water is “our greatest natural resource in the state” and that over the last 50 years, the water management of Nebraska’s Natural Resources Districts (NRDs) has maintained water levels in the Ogallala Aquifer “within 1 foot of where it was in the 1950s.” This is in contrast to Colorado, in which Ricketts stated the aquifer level has decreased by 14 feet, and the state “is looking to take our water.”
Ricketts asserted that Colorado is spending billions for projects in the South Platte Basin that would divert 90 percent of the water allocated to Nebraska, and the canal is the impetus for Nebraska to exercise their rights “because we are worried about what will happen in the future.” Ricketts also said the canal project is a “huge hedge against future droughts.”
A vast majority at the hearing spoke in favor of the bill, including several representatives from NRDs affected by the canal and throughout the state.
Tom Riley, director of the Department of Natural Resources, told the committee if the project is not completed, “We’ll have no choice but to attempt to make up for those less flows somewhere else.” Riley said water would need to be diverted from Lake McConaughy in the North Platte River system, resulting in less hydropower production, irrigation water for farmers and water for municipalities.
Riley stated while the canal does not give the state additional water, it protects the water entitled to future generations.
Don Batie, who testified on behalf of the Nebraska Farm Bureau and Nebraska Cattlemen, called the project a “bold move” needed to protect the water supply.
John Hansen, president of the Nebraska Farmers Union, was neutral on the proposal but expressed concerns about the use of eminent domain and “as there’s any large water development project, there’s always going to be concerns about the folks whose land is going to be at the bottom of a lake somewhere.”
Hansen said he has spoken with people at the Rocky Mountain Farmers Union who stated there is development happening in the area to support a growing population, and he’s “less than sure how it is that Nebraska will ever get those water rights back once they’ve been fully developed by Colorado.”
Melissa Mosier, Platte River program manager for Audubon Nebraska, testified securing future streamflow for the central Platte River will always be a top priority for Audubon. The Audubon Center at Rowe Sanctuary is a place visitors from around the world come to view the sandhill and whooping cranes during migration, and the basin has unique ecological value. Mosier asked that as more design details become available, the state considers how it provides more or less resilience to wildlife and people and considers sediment a critical component of the river.
The sole testimony against the canal was by Al Davis, a lobbyist for the Nebraska chapter of the Sierra Club.
Davis stated the Platte River is a “fragile ecosystem, which has already been dramatically altered by the interference of mankind” and pointed out the number of species that rely on it as a migration spot, including the famous sandhill cranes.
“Wildlife will pay the price for a frivolous, unnecessary project designed to produce more corn and more soybeans,” Davis said.
Davis argued the state has done a better job managing water than other states to protect ground and surface water, but the money required to build the canal could be better spent on rebuilding nursing homes and weatherizing houses. Davis suggested lawmakers visit Colorado to see what projects are being performed in the river basin and get more information.
Endangered species
The idea of a Perkins County Canal was revived in 1981 when the Twin Platte NRD filed an application for a permit to impound water from the Platte River at a point “southwesterly from the town of Ovid, CO.” In the application, the district cited an article in the South Platte River Compact describing the canal and the plan to divert 500 cubic feet of water per second during the winter months.
The Nebraska Department of Water Resources told the district that under the provisions of the Nongame and Endangered Species Act, it must consult with the Game and Parks Commission in connection with the project. After several years of wrangling, the department in 1985 denied the application for its failure to comply with the Nongame and Endangered Species Act.
In 1986, the Supreme Court of Nebraska ruled in favor of denying the application, stating the director did not act arbitrarily in requiring the applicant to first consult with the Game and Parks Commission.
In 2006, an agreement was signed between the governors of Colorado, Nebraska and Wyoming and the U.S. secretary of the Interior to implement a basin-wide Platte River
Recovery Implementation Program. The purpose of the program is to provide Endangered Species Act compliance for water users in the Platte River basin to protect the whooping crane, interior least tern, piping plover and pallid sturgeon.
Riley stated the canal project can be completed “while we balance our commitments to protect the natural environment that Nebraskans currently enjoy.” Riley said passing LB1015 will ensure South Platte flows are maintained in the essential stretches that support federally protected species and their habitats and give water managers greater flexibility while maximizing wildlife benefits.
“This flexibility will work to limit increasing federal obligations under the Endangered Species Act and those burdens that could otherwise force Nebraska or be forced on our Nebraska water users,” Riley said.
According to Riley, the project’s design could take 18 to 36 months, and construction could begin in 2025. — Charles Wallace, WLJ editor
