Kansas Wins Big Roung in Nebraska Water Fight

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, . , . ,-y'?.'-j • t' `1.-.,. co.,?p ' ?l Fi*,- rOiuld I???n?as ..li? . . m Nebiuska water ,fi&- t ? BY KEVIN O'HANLON Sured" "The burden will be .on?Kansas to ??°d ? prove we did lose water,". she sajd. ? 'Nebraska ]ost a-major battle Fri- position "We weie confident in onr' day in its legal war with Kansas the whole time." ' over the vse of water from the Re- The U.S. Supreme Court agreed publican River basin. last year to 6ear the case without Kansas filed a lawsait in 1998, ac- first having the dispute heard in a , cusing Nebraska of violating a 1943 lower court. agreement by allowing farmers to Kansas says Nebraska breached divert more thantheir legatshare of the compact by allowing the prolif- the river's water for prlvate use. Special Master V.incent McKu- eration snd use of thousands o# wells. r , dek, who was appointed by the U.S. ibu- connected to the river and its t taries along the state's southern bor- Supreme Court to hear the,case, re- jected a request Friday by Nebras- der. Nebraska says Kansas has ka to dismiss.the lawsuit. received its.fuli.allocation of water Nebraska has maintained that , from the Repnblican River each ' groundwater use is not regulated by exce tion of 1992, ear with t6e when there was a drou ht. g the agreement, which also was signed by Colorado, because it was . Stenberg Yias said Kansas offi- signed before deep-well irrigation cials sued even though they knew ir- was used in the river basin. . i McKusick ruled that the compact rigators in northwestern Kansas ? were using more than their allotted ( dces regulate groundwater because ' share of water. its use depletes flow in the river. Stenberg said the compact allows , Nebraska Attorney General Don Nebraska to use more than its year- , Stenberg said he would appeal the ly allocation of water from the. river decision. if Kansas and Colorado do not put Kansas Attorney General Carla their full allocations "to ? beneficial Stovall was.thrilled with the decision consumptive nse within the Republi- but said a' fuial victory is not as- can River basin." ? ? . _ . . e, - -- - _ ,_....,.i..-?:u :... ..........,..?.. • 1/?( ? ? •