The Water Report Nov 2005

• Year: 2005
• Title: The Water Report
• Author: Envirotech Publications
• Description: Issue #21
• Publications - Doc Type: Other

November 15, 2005 The Water Report
Nebraska
Suface Water
Administration
"NRDs"
Complaint
Pumpkin Creek Watershed
Groundwater Development vs. Surface Water Supply
600
7000
Increasing
600 Groundwater 6000
Development
e
0
N 6000 N
3 400 a
H 4000
300
� V
Decreasing 3000 ..
Surface Water H
E 200 - Supply a s
z 2000 t
0
U
100
1000
0 0
1940 1960 1960 1970 1980 1990 2000
Year
Registered Wells — Annual Canal Diversion
The Central Nebraska Public Power and Irrigation District - June 11, 2001
In Nebraska, surface water rights are issued and administered by a state agency, the Department of
Natural Resources (previously known as the Department of Water Resources). Spear T Ranch was issued
two surface water permits or appropriations, one dated November 16, 1954 and one dated December 21,
1956. These permits were for surface water for irrigation of crops on Spear T Ranch property located in
the lower Pumpkin Creek watershed not far from where Pumpkin Creek empties into the North Platte
River. In its Complaint, the plaintiff, Spear T Ranch, alleged that for the four years preceding the filing
of its Complaint in 2003, it had been unable to divert any water for its surface water rights and had been
unable to provide water for its livestock.
In 1972, the Nebraska Legislature grappled with a number of natural resources issues. Among other
actions, the Legislature decided to merge the functions of numerous local entities into political
subdivisions of the State of Nebraska, known as natural resources districts (NRDs). The state was
divided roughly along surface watershed boundaries into 24 natural resources districts.
When Spear T Ranch filed its Complaint in 2003, the Department of Natural Resources, then known
as the Department of Water Resources, had not issued any new surface water rights in the Pumpkin Creek
Basin since 1979 and had not issued any in the North Platte River Basin since 1993. The area
encompassed by the Pumpkin Creek Basin was included in a groundwater management sub -area created
by the North Platte Natural Resources District effective March 21, 2001. As a part of the rules adopted
by the NRD, a moratorium on the construction of new wells was implemented.
HISTORY OF THE CASE
District Court Proceedings
On February 26, 2003, the plaintiff filed its Complaint in the District Court for Morrill County,
Nebraska. In the Complaint, 23 defendants including individuals, farming corporations, and partnerships
were identified. Essentially, the Complaint alleged that the groundwater wells on the land owned by the
defendants had been pumped and intercepted or withdrew water that, but for the pumping, would have
been in Pumpkin Creek and would have provided water for Spear T Ranch's irrigation pursuant to its
surface water appropriations and for watering its livestock. The defendants filed motions to dismiss
pursuant to Rule 12(b), alleging that the Complaint failed to state a claim upon which relief could be
granted, that the Court lacked jurisdiction over the subject matter, and that the plaintiff failed to include
Copyright© 2005 Envirotech Publications; Reproduction without permission strictly prohibited. 17