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I." j tfJ CHAPTER 3 ALTERNATIVE LEGISLATIVE AND ADMINISTRATIVE POLICY ACTIONS INTRODUCTION Preceding chapters have identified some of the potential areas for interstate water use and conflict involving Nebraska and have examined various methods which haye been utilized to facilitate the interstate use of water and resolve contlic!. One state cannol. 01 course, dictate water use in another state. A significant effect on use outside 01 a state's boundaries can be achieved only through cooperation between states, congressional legislation, or litigation. There are certain actions a state can take to better its "bargaining position" in compact ne. gotiations, to strengthen its "case" in litigation, to promote more effective utilization of interstate compacts, to "protect" a state's water for its citizens to the extent that is possible, 10 achieve more efficient allocation of water among various uses, and perhaps even to increase the supply of water through weather modification. This chapter will identify a broad range 01 those al- ternative policy actions for consideration. An explanation of each alternative is presented and accompanied by an analysis of the physical/hy- drologic, environmental and socio-economic impacts. The alternatives contained in this Chapter are designed to have an impact on Nebraska's ability to aHectto its benefit the interstate use of water. They include an alternative requiring no action, alternatives to seek greater interstate agree. ment, alternatives to better Nebraska's position for future interstate allocations. and alternatives pertaining to weather modification. As noted earlier in this report, it is not the primary purpose of this study to propose solutions to specific interstate conflicts in which Nebraska might now be or later become involved. With the exception of Alternatives 2 and 3, art of the alternatIves are therefore of a general nature and not directed towards any particular basin or problem. White the alternatives listed are not the only policy actions possible, they constitute a repre- sentative range of the options available. They contemplate both legislative and administrative implementation. None of the alternatives except Alternative I are mutually exclusive . the adoption of one alternative does not necessarily preClude enactment of other alternatives. The following alternative actions will be de- scribed in greater detail in this chapter, ALTERNATIVE REQUIRING NO ACTION Alternative # 1. Make no change in present policies. ALTERNATIVES TO SEEK GREATER INTERSTATE AGREEMENT Alternative #2. Authorize and initiate the ne- gotiation and formation of interstate agree- ments or compacts on Ihe interstate streams on which no compacts currently exist. Alternative #3. Authorize and initiate the ne. gotiation and formation ofinterstate com. pacts with states sharing interstate ground. water basins with Nebraska. ALTERNATIVES TO BETTER NEBRASKA'S POSITION FOR FUTURE INTERSTATE ALLOCATIONS Alternative #4. Declare Ihat natural flow permits may be issued for other beneficial uses including instream uses. Alternative ;;5, Provide that certain uses of water are not considered as beneficial uses. Alternative :t 6. Strengthen the state's inter- state groundwater transfer statute. Alternative "# 7. Provide for the reservation of water by the Department of Water Re. 3-1