KEARNEY- At a recent agriculture and economic summit in Kearney, state officials argued that Nebraska law governing the transfer of groundwater between states likely blocks such transfers to water-challenged states like Arizona and Colorado. Should a parched state attempt to apply for groundwater shipments, they would have to hurdle what was described as a "gauntlet" of seven conditions set out in state law, including whether it's in the public interest of Nebraska, to win approval.
On top of that, applications for groundwater transfers would have to be ultimately decided upon by Tom Riley, the state's director of natural resources. "It would be pretty hard to say it's in the public interest to tap into the Ogallala Aquifer and move it out of the state," said Riley. While other state's water supplies have dwindled, Nebraska's reserves, like the Ogallala Aquifer, have remained stalwart, making Nebraska the envy of the nation according to Riley.
A bill, LB241, was introduced this past year in the Nebraska Legislature by Sen. Tom Briese to completely block such water transfers, unless applicants were within 10 miles of the state's border or if the transfer satisfies a previously-made water compact. Briese said his bill was designed to block western states with "ill intent." He went on to defend the bill, saying, "Nebraska's water ought to be used by Nebraskans." LB241 did not advance out of the Legislature's Natural Resources Committee after concerns were raised about the strict nature of the bill. Regardless, many supporters, including farmers and representatives from Nebraska Cattlemen and the Nebraska Farm Bureau, argued that the state's water deserved ample protection.
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