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WSP03064
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Last modified
1/26/2010 12:48:28 PM
Creation date
10/11/2006 11:31:17 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8407.400
Description
Platte River Basin - River Basin General Publications - Nebraska
State
NE
Basin
South Platte
Water Division
1
Date
1/1/1983
Author
Nebraska Natural Res
Title
Policy Issue Study on Selected Water Rights Issues - Property Rights in Groundwater
Water Supply Pro - Doc Type
Report/Study
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<br />Socio-Economic Impacts <br /> <br />Quantifying groundwater property rights <br />would give landowners absolute security of right. <br />The system also would be flexible since virtually <br />all forms of even-handed regulation would be <br />permissible. Quantification, by itself, however, <br />would not lead to economically efficient use of <br />groundwater. Efficient water use would occur <br />only if the rights were freely transferable in a <br />market system that accounted for inherent <br />market defects. The advantage of quantification, <br />however, is that groundwater could then be <br />treated economically much as any other item of <br />property. <br />From an equity perspective, this alternative <br />would favor landowners over the general public <br />since landowners would capture much of the <br />economic rent inherent in the groundwater re- <br />source. All landowners would benefit from <br />groundwater, however, on the basis of hydrologic <br />and geologic characteristics of their land rather <br />than on history of use, priority of use, or time of <br />use. <br /> <br />Physical-Hydrologic and Environmental <br />Impacts <br /> <br />The flexibility and certainty of right offered by <br />quantification would facilitate sophisticated <br />management of groundwater reservoirs that <br />could minimize the adverse physical-hydrologic <br />and environmental effects of groundwater use. <br />Successful implementation of this alternative, <br />however, would require sophisticated hydrologic <br />data. Several factors must be known to de- <br />termine the amount of groundwater in storage <br />including the position of the upper surface of <br />saturation, the definition of the base of the <br />aquifer, and the porosity of the earth material. <br />There are difficulties in the determination of each <br />factor. <br />Determining the position of the upper surface <br />of saturation becomes progressively more diffi- <br />cult as one moves across the state toward <br />eastern Nebraska. For example, two wells side by <br />side near Rising City, Nebraska have a 17 foot <br />difference in water level during the winter <br />months with greater differences during the <br />summer. Essentially there is a water level drop in <br />the lower aquifer unit under confined conditions <br />and a water level rise in the upper aquifer unit <br />under unconfined conditions. Determination of <br />storage coefficients in both settings would be <br />required before water level changes could be <br />translated to changes in water storage. At least <br />several pump tests would be required per section <br />to get ball park figures. <br />Water-level information currently is most avail- <br /> <br />3-16 <br /> <br />able in developed areas due to the efforts of <br />NRDs in data collection. Unfortunately, these are <br />the same areas where complexities mentioned in <br />the previous paragraph occur. <br />Definition of the base of the aquifer has a <br />number of concerns. How deep can irrigators go <br />for water and still be economic? What is the water <br />quality? What is the nature of the underlying <br />bedrock? For example, at York, Nebraska three <br />distinct sand and gravel layers have been tapped <br />in turn as water level declines have occurred and <br />development increased. Because most wells are <br />drilled to a depth where adequate water can be <br />obtained and not drilled to the base of the <br />aquifer(s), a shortage of information exists in <br />many areas. <br />Porosity, as it represents the potential for <br />storage, has many factors such as sorting, pack- <br />ing, cementation of grains, sphericity, and <br />angularity. A general figure would be 20 to 40 <br />percent. Closer determination would require <br />much more detailed field tests. <br />In short, much of the detailed information that <br />might be required to implement this alternative <br />does not now exist. A comprehensive program <br />would be required to generate this information. <br /> <br />Alternative #12: Quantify the <br />amount of water hydrologically <br />available beneath particular <br />surface formations and give each <br />landowner a vested right to with- <br />draw a particular quantity of water <br />based on the number of acres of <br />productive irrigable land owned <br />by the overlying landowner. <br /> <br />Description and Methods of <br />Implementation <br /> <br />Alternative # 12 is based on the same concept <br />as Alternative # 11, quantifying groundwater <br />property rights and allocating them in relation to <br />the overlying land. This alternative differs from <br />the previous one, however, in that water rights <br />are not assigned on the basis of total overlying <br />acreage owned but on the basis of productive <br />overlying acreage owned. Consequently, this <br />alternative incorporates an element of land use <br />directly into the groundwater allocation process, <br />Difficulties, of course, would be encountered in <br />an attempt to allocate groundwater rights based <br />on the character of the overlying land. Some <br />beneficial uses of water, such as for mining or <br />manufacturing, may be independent of the <br />character of the overlying land. On the other <br />hand, reasonable agricultural use of ground- <br />
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