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<br />The Honorable Charles Thone, Governor <br />Members of the Eighty-Seventh Nebraska Legislature <br />Page 2 <br /> <br />The Public Advisory Board's recommendation in favor of Alternative <br />#13 is accompanied by two qualifications which we consider to be of utmost <br />importance. First, we want it clearly understood that present and future <br />laws relating to preferences and to public groundwater management strategies <br />should not be superseded or precluded by the enactment of Alternative #13. <br />Secondly, we would strongly 'recommend a partial modification of Alternative <br />#13. As it is described in Chapter 3 of the report, Alternatiye #13 <br />consists of what are essentially thirteen doctrinal statements about <br />groundwater and individual rights to use that resource. The ninth and <br />tenth such statements relate to apportionment of groundwater in times of <br />shortage. As currently written, they would allow for consideration of <br />land capability and number of acreS owned in the apportionment process. In <br />the opinion of the Public Advisory Board, water allocation mechanisms should <br />not encourage large land holdings or be used as a means for achieYing <br />particular land use objectives. We reject, therefore, "owned acres" or <br />"irrigable acres" as appropriate bases for allocation and recommend instead <br />that "irrigated acres" be the standard on which apportionments are made. <br />Our recommendation in this regard was originally made in our comments <br />pertaining to the earlier Commission report entitled "Policy Issue Study <br />on Groundwater Reservoir Management" and we continue to hold firm to that <br />position. <br /> <br />We hope our recommendations will be helpful to you in your deliberations <br />on this important water policy issue. <br /> <br />Sincerely, <br /> <br />~~~ <br /> <br />Don Steen <br />Chairman <br /> <br />DS:JC:cl <br /> <br />cc: Members, Natural Resources Commission <br />Members, Public Advisory Board <br /> <br />-.. <br /> <br />l~ <br />