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'r <br />currently no statutory authority to transfer groundwater off overlying land for - <br />environmental purposes. It is likely that new legislation would be required to implement <br />this type of project. There is some ambiguity regarding whether this could be <br />accomplished without new legislation, however, new legislation would be preferable if <br />this type of project is included in the Program. According to Nebraska representatives on <br />the WAPC, new legislation could be prepared for the legislative session next year. <br />Water added to the Lake McConaughy EA and released during periods of shortage would <br />be protected downstream under water right A- 17695. Protection would not be needed for <br />water that is returned to the Platte River via North Dry Creek or Lost Creek because that <br />water is added within the critical habitat reach and there are no significant diversions <br />below that point which could remove water associated with these projects from the Platte <br />River. <br />NEPA compliance and site - specific environmental permits may be required for the <br />construction of infrastructure related to groundwater management depending on the <br />severity of on -site impacts. A 404 permit from the U.S. Army Corps of Engineers would <br />be required to construct a cutoff between Lost Creek and the Fort Kearny IPA. <br />0 Schedule For Implementation: <br />As noted in comments received from Nebraska, a groundwater management project could <br />be implemented in two years, however, it would need to be phased in over several years. <br />Infrastructure including wells, pumps, pipeline, etc. would need to be installed. A water <br />rights permit may need to be secured from the Nebraska DWR depending on which E <br />option is implemented. NEPA compliance and site - specific environmental permits may <br />also be required prior to implementation. <br />0 Expected Project Life: <br />The expected project life varies depending on the groundwater management plan <br />implemented. Active pumping from the groundwater mound, groundwater irrigation, and <br />conjunctive use projects could extend beyond the first increment of the Program. A <br />constraint on the project life could be the wells and pumping hardware, which would <br />most likely need to be replaced within 10 to 20 years. In addition, drawdown limits could <br />be set by either TBNRD or CNPPID, in which case the project would be terminated if <br />these limits are exceeded. <br />The project life of dry -land farming depends on the willingness of farmers to dry -land <br />farm every other year. Some farmers may be willing to dry -land farm on a rotating cycle <br />indefinitely, whereas, others may only be interested on an infrequent basis. However, in <br />general, groundwater management projects have the capability of being extended through <br />the first increment. <br />\\DNOO\E- DRIVE\PROJECTS\Platte \Work Products \Task 9 \wapc report (Version 7).doc 38 <br />