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r ", (0- I. ,,, 1 some allention in the past is the North Platte alluvium extending across the Nebraska. Wyoming state line. Development in this area which is hydraulically connected to the river, could have an impact on the Quality and quantity of surface water flows. Much of Nebraska's groundwater is located within the massive formation known as the Ogallala Aquifer. A regional study of the Ogallala aquifer and high plains region is currently being conducted. with primary responsibility for the task lying with the Economic Development Ad. ministration in the U.S. Department of Commer- ce. The study area covers parts of six states: Texas, New Mexico. Oklahoma, Kansas. Colorado, and Nebraska. Congress authorized the study in 1976 with the passage of Public law 94-587. The intent of Congress and the object- ives of the study are expressed in Section 193 of that law: In order to assure an adequate supply of food to the nation and to promote the eco- nomic vitality of the High Plains Region, the Secretary of Commerce... is authorized and directed to study the depletion of the natural resources of those regions... presently utili- zing the declining water resources 01 the Ogallala aQuiler, and to develop plans. to increase water supplies in the areas and report thereon to the Congress... In formula- ting these plans, the Secretary is directed no to examine the feasibility of various alterna- tives to provide adequate water supplies to the area on to assure the continued econom- ic growth and vitality of the region...64 It has been reported that in some areas of Nebraska water is being pumped faster than it can be replaced and consequently groundwater tables in those areas are declining. In some places, irrigators along with cities, villages and other landowners have had to lower or replace wells that supply their water. On Frenchman Creek. this groundwater depletion has also re- duced the baseflow of the stream and the water supply in Enders Reservoir to the extent that irrigation districts dependent upon the reservoir have received water for only about half their project acres. The problems are not as severe in Nebraska however. as in other states, such as Texas.65 One of the alternatives being examined in the High Plains Ogallala Aquifer Study is the exporta- tion of water from other states to recharge the Ogallala Aquifer. The report on the study will make recommendations for further congression- al action. A number of states, in an effort to conserve and protect their groundwater resources, have pro- hibited the exportation 01 groundwater either absolutely or under certain conditions. Nebraska law permits exportation of groundwater only if the receiving state grants reciprocal rights.66 This statute was challenged in State ex rei. Douglas v. Sporhase67 on the grounds that it violated the Commerce Clause of the United States Constitution as an unreasonable burden on interstate commerce. The Nebraska Supreme Court rejected the argument and upheld the statute. The case was appealed to and heard by the U.S. Supreme Court and was reversed and remanded. This decision could significantly affect a state's ability to prohibit the interstate transport of groundwater. WEATHER MODIFICATION Weather modification is another activity which can affect the interstate use of water. It is "a form of atmospheric environmental alteration."68 Most of the weather modification projects which have been attempted have been designed pri- marily for precipitation enhancement or hail suppression. The most common practice con- sists of "placing silver iodide particles in clouds to serve as nuclei around which cloud droplets might form ice crystals. When large enough. the crystals fall as precipitation from seeded clouds."69 Careful allention must be given to inserting an appropriate amount into the right type of cloud at the proper time and place lor results to be successful. Nebraska has had only limited experience with weather modification. Interest in rain enhance- ment and hail suppression developed in Nebraska in the early 1950's. The legislature enacted a weather modification law in 1957 providing for the creation of weather conlrol districts. A key provision olthe Act was declared unconstitutional in Summerville v. North Platte Valley Weather Control District.70 The law was amended to remedy the defect; however, no weather control districts have since been created. Under Nebraska's existing Weather Control Act. the state "claims its sovereign right to the use, for the best interests of its residents, of the moisture contained in the clouds and atmos- phere Within its sovereign state boundaries."?l The Act is administered and enforced by the Department of Agriculture. Anyone wishing to engage in weather alteration activities must obtain a license from the Department. The Act. in addition. authorizes the creation of weather control districts upon petition and after a hearing has been held to gather and disseminate in- formation concerning weather controL These districts can then aid in or conducl their own 1.29