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Last modified
7/14/2009 5:02:30 PM
Creation date
5/20/2009 5:14:13 PM
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UCREFRP
UCREFRP Catalog Number
7393
Author
Harrington, W.
Title
Endangered Species Protection and Water Resource Development.
USFW Year
1980.
USFW - Doc Type
LA-8278-MS,
Copyright Material
NO
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<br />Clearly, the allocation of the waters of the North Platte depends cru- <br />cially on the definition of "natural flow." In Nebraska v. Wyoming, natural <br />flow was defined as "all water in the stream except that which comes from <br />storage releases." The distinction between natural flow water and storage <br />water parallels the distinction found in the water law of some Western States <br />(including Nebraska and Wyoming) between diversion rights and storage rights. <br />For the purposes of this decree, natural flow is determined by measuring actual <br />streamflow below Guernsey Dam, making adjustments for storage water releases <br />into the North Platte from dams upstream. <br />It is important to emphasize that "natural flow" bears no relation to <br />"virgin flow;" in fact, natural flow measurements reflect depletions from all <br />upstream diversions. Accordingly, a decree allocating water on the basis of <br />natural flow would offer scant protection to downstream users unless there <br />were some limit on upstream diversions. In Nebraska v. Wyoming, the limit is <br />provided by the clauses in the decree that spec ify the maximum acreage that <br />can be irrigated by diversions upstream in Colorado and Wyoming. <br />Nebraska had sought unsuccessfully to have the waters of the Laramie in- <br />cluded in the 1945 decree. Because the state had not been a participant in <br />the earlier agreement and because some Nebraska rights were senior to some <br />Wyoming and Colorado rights supplied from the Laramie, Nebraska had felt en- <br />titled to a share of the Laramie. In a way, the Grayrocks Case offered <br />Nebraska another chance to redress this situation. Blocking the construction <br />of the dam would, it was hoped, prevent the further reduction of water flowing <br />into Nebraska, protecting the property of existing water users in Nebraska and <br />perhaps permitting further water resource development in the state. <br />Nebraska's objectives thus coincided with those of the environmental <br />groups involved insofar as the use of water in Wyoming was concerned, but with~ <br />in Nebraska their aims are entirely different. Nebraska is a development- <br />oriented state, within which there is strong sentiment for using the water for <br />agricultural, municipal, or industrial purposes. In fact, like most Western <br />States, Nebraska does not consider instream uses of water for fish and wildlife <br />to be a beneficial use. Earlier, it was pointed out how much opposition there <br />was within Nebraska to the whooping crane critical habitat designation, indi- <br />cating that concern for whoopers takes second place to economic growth. Thus, <br />the partnership between the environmental groups and the state of Nebraska was <br />one of convenience, not conviction. <br /> <br />47 <br />
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