WSP02891

• File Number: 8407.400
• Description: Platte River Basin - River Basin General Publications - Nebraska
• State: NE
• Basin: South Platte
• Water Division: 1
• Date: 4/1/1983
• Author: Nebraska Natural Res
• Title: Policy Issue Study on Selected Water Rights Issues - Interstate Water Uses and Conflicts
• Water Supply Pro - Doc Type: Report/Study

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conducted in other states that could have an
impact on Nebraska. It might also give Nebraska
a greater degree of influence over these activi-
ties in other slates than ordinarily it would have
had. Therefore. while Nebraska might nol he able
to prevent cloud seeding in the mountains of
Colorado. under a compact, it most likely could
participate jointly with Colorado in the activity
and share in some of the benefits.
The legislature could initiate implementation
of this alternative by authorizing or designating
an agency to begin negotiations. The Depart-
ment 01 Agriculture currently administers the
state weather-control law and is, therefore. a
likely candidate. However, the Department 01
Water Resources also is a possibility.

Physical/Hydrologic/Environmental 1m.
pacts. It is unlikely that any significant physi-
cal/hydrologic/environmental impacts will result
by adopting this alternative.
Socio.Economic Impacts. Arguably, many of
the effects of weather modification have impact
beyond state borders. Consequently, interstate
cooperation is necessary if economically effici-
ent weather modification decisions are to be
made. Given the infant state 01 the weather
modification art, however, it is questionable
whether a meaningful weather modification
compact could be negotiated. Generally, how.
ever, anything that would encourage 'interstate'
cooperation in this area would be desirable from
an economic perspective.

FOOTNOTES

5

Report on "Missouri River Basin Water
Resources Plan", Missouri River Basin
Commission. August. 1977, p. 42
Policy Issue Study on Instream Flow. Nebr.
Natural Resources Commission. 1982. AI.
ternative # 2, p. 61.
Neb. Rev. Stat. ~ 46-288 (SuPP. 1981).
Mont, Rev. Codes Ann. ~ 85.2.104 (SUPP.
1981). The law states:
(1) The Legislature finds that the use of water
for the slurry transport of coal is detri-
mental to the conservation and pro-
tection of the water resources of the
state.
(2) The use of water forthe slurry transport of
coal is not a beneficial use of water.
Sporhase v. Nebraska. 102 S.cl. 3456
(1982).
Neb. Rev. Stat. ~46-613.01 (1943).
Sporhase v Nebraska. 102 S.ct. 3456. 3464
(1982).

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6.
7.

8

Ladd. D.E.. "Federal and Interstate Conflicts
in Montana Water Law: Support for a state
Water Plan." 42 Mont. L. Rev, 267,312
(1981). See Mont, Rev. Codes Ann. ~ 85-
2.316 (1) (Supp. 1981) which provides that
"The State or any political subdivision or
agency thereof or the United States or any
agency thereof may apply to the board [01
Natural Resources] to reserve waters for
existing or luture beneficial uses or to
maintain a minimum flow, level. or a quality
of water, throughout the year or at such
periods or for such length of time as the
board designates."
Id. at 312.
Utah Code Ann. lj 73.15-8 (Supp. 1980).
Nebraska Weather Conlrol Act. Neb. Rev.
Stat. ~ ~ 2.2401 et seq.. lj 2.2401 (Re-
issue of 1977).
Interstate Weather Modification Compact.
38 Suggested State Legislation 1 48.
Council of State Governments. 1979.

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