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<br />Peac'~m2coexi_stellCe of Mi~~ouri J3a~iI1
<br />states now public tussle
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<br />(01 ByL,KENTWOLGAMOTI water to Energy Transportation
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<br />WNCOLN Neb, (AP) - The states' . . ,w . . . ..
<br />of the Misso:m River Basin were like Dlstnct C~urt h~re, ~ederal courts,
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<br />a 'rath 'h lamil that Moody sa.d, Will wind up settmg
<br />er . un appy Y __ river policy through their decisions
<br />nonetheless could usually work out, th t f d th 'ts that
<br />its slluabbles, until South Dakota's onll. e ~taanbsl er an 0 er sw
<br />" of . f I I WI IneVl yoccur.
<br />sa e river water or a coa s urry H .' t d t th US S
<br />pfpeline was challenged by three C urte pOdln ~. 0 , e 'S' . h upreme
<br />d t . li . 0 eClSlOn 10 por ase' vs.
<br />owns ream sib ngs. 'Nebraska as an indication that the"
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<br />Now that' peaceful family co- federal interest will be dominant in
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<br />existence has become a public tussle, any interstate water dispute.
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<br />Fingers have been pointed and In the Sporhase case, the Supreme
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<br />questions have been raised about the Court struck down a portion of
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<br />future management of the river. Nebraska's water law which
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<br />Randy Moody, vice president of the prevented two ranchers to use water
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<br />MissoUri River Basin Association, from their'Nebraska wells to ilTigate
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<br />sees the litigation as the beginning of their Colorado land.
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<br />, piecemeal federal rulemaking for the "If (the federal interest is) going to
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<br />, river, The. association, a private be dominant, let us set the rules
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<br />industry group made up of river rather than having the court set the
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<br />users, proposes legislation to deal rules," Moody said, "I don't think
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<br />with the basin, , anybody, willingly gives any
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<br />Bob Neufeld, director of the South authority to the federal government. '
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<br />Dakota Department of Water and We juSt don't see any way for this to , : states than we do wit~ fill,hting with
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<br />Natural Resources, sees the court be resolved." other states. Cooperation IS the only
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<br />, action as "politically manufactured" Despite not wanting the federal reasonable. route to take.':
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<br />I and said his state won't negotiate gove~nment to,decide the issue, all But, agam, Neufeld raIsed the red
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<br />with other states until the lawsuit is four,men said they don't see a fonnal n.~~ of ETSI. " , ..
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<br />dropped or settled, compact among the basin states in The bottom line tswe re ",!lling to
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<br />Bill Kerrey, assistant for water the near future, cooperate,. but w~ will not SIt down
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<br />, and natural resources to his brother, "We haven't made up our mind as and ~..gotia,te With 'a gun at our
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<br />, Gov. Bob Kerrey, sees the lawsuit as to whether or not we're going to head, he said,
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<br />, irreversible and federal control as 'agree to a compact," Neufeld said, ',~e gun, however, is likely to stay
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<br />, unnecessary, "Nobody has demonstrated a need pOinted at South Dakota, Kerrey
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<br />Carroll Hamon, executive director .for it." . sald, because Nebraska cannot now
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<br />of the Missouri River Basin States 'Moody argues that ,differing in- drop o~t o!the ETSI laws.ui!.
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<br />. Association, still has hope that the terests between the upper-basin , It nught have been. different had
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<br />states will be able to work out their states of Colorado, Wyoming and the Nebraska acted dunng the nine
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<br />, problems and manage the river, Dakotas and lower'basin states of months . between. ~outh Dakota's
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<br />Federal' approval 01 South Iowa and Missouri make a compact announcement ~f tis Intent to sell the,
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<br />',Dakota's sale' of' Oahe Reservoir unlikely, "ater an~ ~e slgnmg of the pennils
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<br />" allowing I!. But we're notthere now,
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<br />There are other sta tes involved II
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<br />Kerrey said. . '
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<br />, In the end, Neufeld suggested, the
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<br />squabble over the ETSI sale and the ,
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<br />"I don't see it happening in the
<br />near future," he said. "The upper-
<br />basin states have no reason to sup-
<br />por! the lower-basin states in a
<br />compact. "
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<br />. Hamon disagreed, saying that
<br />beyond the ETSI-inspired rhetoric,
<br />the states are working together.
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<br />, ~'Sometimes reason and logic is the
<br />better path'than the political arena.
<br />We're hopeful there,may be slill a
<br />chance for an agreement," Hamon
<br />said. "Really, even though the slates
<br />are throwing some mud at each other
<br />now, the lawsuits aren't state against
<br />state, , . , I think t~e states certainly
<br />in the past have cooperated and I
<br />think they can and will again in the
<br />future.".
<br />Said Kerrey: "We have a lot more
<br />to gain from cooperation and
<br />working on joint projecls with other
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<br />worry about compacts and
<br />regulation may be much ado over
<br />very litUe,
<br />, The a'!"ocialion. is conducting a
<br />h~drologlc study of the basin that will
<br />gIV.e states a factual basis from
<br />which to negotiate for water uses, but
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<br />Neufeld suspecls the study will show
<br />that those talks aren't needed, '
<br />"Once that hydrologic study is
<br />done, everybody's going to wonder
<br />~hat all tJ.1e fuss was about," he said.
<br />There Will be no conflict in the next
<br />20 to 30 years, and maybe 50 years,"
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