Niobrara River Basin Water Management

Transcription

1 Niobrara River Basin Water Management

2

3 Niobrara River Basin Originates by Lusk, Wyoming 500 miles across northern Nebraska Confluence with the Missouri River by Niobrara, NE 7.4 million acres in the basin Five Natural Resources Districts

4

5

6 Photo Courtesy of Nebraskaland Magazine

7 National Scenic River Designations 1991 Niobrara National Scenic River 76 miles between Valentine and Highway 137 Missouri National Recreation River Fort Randall Dam to Running Water, SD 20 miles of Lower Niobrara 8 miles of Verdigre Creek

8 What led up to this? 2004 DNR determined the Upper Niobrara Basin to be fully Appropriated Upstream of Dunlap Diversion 2006 NGPC Commissioners passed a resolution directing staff to develop instream flow recommendations for the Niobrara River 2007 NPPD requested administration of the Niobrara for Spencer Dam appropriation 400 Closing notices sent First time ever 2008 DNR determined the Lower Niobrara Fully appropriated NPPD s Water Right

9 Legal Battles Fully appropriated designation was challenged 2011 Nebraska Supreme Court ruled DNR failed to follow appropriate rules 2014 Nebraska Supreme Court ruled NPPD had not abandoned right due to a lack of call until 2007

10 Niobrara River Basin Alliance Interlocal Agreement Finalized December 2013 Five Natural Resources Districts Lower Niobrara; Butte Middle Niobrara; Valentine Upper Elkhorn; O Neill Upper Loup; Thedford Upper Niobrara White; Chadron Collectively work on issues, studies and services that are common from district to district within the bounds of the Niobrara River Basin

11

12 Water Use 505,250 Groundwater Irrigated Acres 63,500 Surface water Irrigated acres Mirage Flats Irrigation District Completed , 660 acres Ainsworth Irrigation District Completed ,000 acres Domestic Recreation Fish & Wildlife Range/Livestock

13 Significant Surface Water Rights Nebraska Public Power District (NPPD): 35 cubic feet per second (cfs); 1896, 1450 cfs; 1923 and 550 cfs 1942; Mirage Flats Irrigation District/US Bureau of Reclamation: cfs, 1937, and cfs, 1944 Ainsworth Irrigation District: cfs, 1953 Administration is from WY-NE Stateline to Spencer

14 Historic River Conditions

15

16 Measured Annual Average Flow - cubic feet per second Nebraska-Wyoming State Line Above Box Butte Gordon Sparks Verdel

17 Niobrara River at NE-WY Stateline Average Annual Discharge

18 35 Niobrara River Above Box Butte Reservoir Annual Average Discharge

19 Niobrara River at Gordon Annual Average Dishcharge *

20 1000 Niobrara River at Sparks Average Annual Discharge

21 3000 Niobrara River at Verdel Average Annual Discharge

22

23

24

25

26

27 Photo Courtesy of Nebraskaland Magazine

28 NGPC Studies Six Studies Hydrology and Hydrogeomorphic Segments Social and Economics Value of Water Use Recreation Fish and Wildlife/Habitat

29 Future Basin Management Niobrara River Basin Alliance and NE Game and Parks Commission jointly acquire NPPD s Spencer Hydroelectric facility and associated surface water rights Memorandum of Understanding signed September 16, 2015 River Management Agreement for future target river flows Assigned flows to protect fish and wildlife Self executing Administered at Spencer Dam Honor existing subordination agreements May update agreements Prepare Voluntary Basin Plan

30 Targeted/Desired River Flows Primarily to support fish community Provides flow for other uses January-February = 965 cfs (Avg. = 832 cfs) March 1 May 14 = 700 cfs (Avg. = 919 cfs) May 15 Sept 30 = 635 cfs (Avg. = 640 cfs) October-December = 850 cfs (Avg. = 700 cfs)

31 Nebraska Water Law Surface Water Administered/regulated by Department of Natural Resources First in time first in right Three preference in order Domestic-agricultural-Industrial Lower Preference can subordinate from higher priority date Groundwater Correlative Rights Share and share alike

32 Next Steps Legislation to identify instream flow rights for basin management as a new use Maintains preference and priority date Non-consumptive use Legislation to convert manufacturing water right to new instream basin management use Application to DNR Acquire funds Levy increase, occupation tax, bonds, grants Water Sustainability Fund, NE Environmental Trust

33 What this agreement will not do No new water will be put into the system Current system is functioning Increasing flow trend at Sparks and Verdel Allow for un-regulated/managed development of additional surface and groundwater uses Basin management plan and individual IMPs Cancel any existing subordination agreements

34 What this agreement will do.. Protect all existing uses! Domestic, agricultural, fish, wildlife and recreation Allow for greater opportunity to manage existing supplies Off-season storage and re-timing Conjunctive management Augmentation Assist in avoiding NPS and USFWS from seeking federal reserve water rights Honor and potentially expand subordination agreements

35 Photo Courtesy of Nebraskaland Magazine Questions???