WSP00209

• File Number: 8460.500
• Description: Platte River Recovery Plan
• Basin: South Platte
• Date: 5/30/2000
• Author: CWCB
• Title: Draft Water Action Plan
• Water Supply Pro - Doc Type: Publication

shortages. If the EIS modeling indicates a yield that differs from 7,000 ac-ft at the
critical habitat, the size of the leasing program may require adjustment.

o Legal And Institutional Requirements for Implementation:

There are several legal and institutional r~quirements necessary to implement this project.
New legislation would be required to establish the conditions under which a water rights
leasing program could be implemented in! Nebraska. Two legislative bills, 671 and 672,
which address water rights leasing, have been indefinitely postponed and will need to be
reintroduced in a subsequent legislative session. T!1ese bills would need to be ratified
before leasing could be implemented in Nebraska.

The Nebraska Department of Natural Resources would manage agricultural leases,
Based on the conditions proposed in LBs ;671 and 672, a leasing application must be
approved by the DWR, For some leases,water not used for irrigation could be stored in
the Lake McConaughy EA. Water released from the EA would be protected from
diversion under water right A-17695. If an individual farmer within an irrigation district
desires to lease water to the Program, the irrigation district must consent to the lease.

The terms and conditions under which the EA could be used to re-regulate reductions in
irrigation water use downstream of Lake McConaughy would need to be agreed upon.

o Schedule For Implementation:

This project does not require any new construction or infrastructure, therefore, the
implementation schedule is based primarily on the resolution of legal and institutional
issues.

As noted in comments received from Nel;>raska, the draft schedule for implementing this
project is as follows:

Year 1: Introduction of proposed legislation.

Year 2: Enactment of legislation and adoption of rules and regulations to implement
leasing law,

Year 3: Governance Committee establishes an incentive based leasing program
compatible with Nebraska water rights le:asing law,

Year 4 to Year? (will depend on cash flow to the Program and participant willingness):
Water right leases are secured from individual water right holders and the Department of
Natural Resources (DNR) reviews each lease for approval/disapproval. This assumes
such approval would be required by the legislation.

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