Colorado pledges to play good as Nebraska plows forward on $628M canal on the state line

Nebraska is transferring rapidly to construct a serious canal that can take water from the drought-strapped South Platte River on Colorado’s northeastern plains, and ship it to new storage reservoirs in western Nebraska.

However after a tumultuous venture announcement final yr, with each states angrily declaring their thirst and issues, the battle has quieted, and speak of lawsuits, at the very least for now, has stopped. Water watchers liken this apparently calm work interval with an identical interval 100 years in the past when early threats of authorized battles gave technique to an period of examine and negotiation that preceded the signing by each states of the South Platte River Compact.

“In my thoughts, it’s ‘what’s there to battle over,’” mentioned Jim Yahn, a fourth-generation rancher, and former member of the Colorado Water Conservation Board who runs the North Sterling Irrigation Firm. “Underneath the 1923 South Platte River Compact, it’s Colorado’s obligation to ship. So now we’re going to begin suing and combating over it? We agreed to do that. I don’t assume it’s price dropping sleep over.”

This Contemporary Water Information story is a collaboration between The Colorado Solar and Water Training Colorado. It additionally seems at wateredco.org/fresh-water-news.

With $628 million in money from its state legislature, Nebraska has begun early design work and is holding public conferences outlining potential routes for the canal and reservoirs, in response to Jesse Bradley, assistant director of the Nebraska Division of Pure Assets. Not less than one Colorado land buy has been made.

Nebraska intends to finish design and begin development bidding in three years, and end the venture seven to 9 years later, Bradley mentioned.

“We’re simply attempting to ensure we will shield the water we’ve got below the compact,” Bradley mentioned. “We don’t wish to be any extra intrusive than we must be … and we consider there are alternatives for some win-wins,” he mentioned, together with stabilizing ranges within the in style Lake McConaughy and making certain there’ll at all times be sufficient water within the river to guard one of many nation’s most profitable endangered species applications, the Platte River Restoration Implementation Program.

Engineering research point out the venture may ship 78,000 to 115,000 acre-feet of water yearly, and maybe simply 30% of that in drought years, Bradley mentioned. However that’s nonetheless huge water. If the highest estimates maintain, that’s sufficient water to irrigate greater than 115,000 acres of corn, or provide water to greater than 230,000 city houses for one yr.

On the state line, a troublesome river

On the excessive prairie round Sterling and Julesberg, the solitude and silence masks an advanced water area, with cities similar to Parker and Fort Rock planning main tasks themselves, and large- and small-scale cattle and corn producers watching each drop that flows.

A map exhibits preliminary ideas for the Perkins County Canal. Supply: South Platte River Discussion board, 2023

“There’s a lot occurring up there,” mentioned Ron Redd, Parker Water and Sanitation District’s basic supervisor. “I believe that there’s a worry that the way in which (Nebraska) has it laid out goes to be troublesome. However the tone has modified as a result of folks perceive it higher. Once we take a look at the numbers, we predict it’s not the tip of the world.”

Colorado has a historical past of working with Nebraska on different water points, together with the profitable negotiation of the South Platte River Compact and the settlement of a lawsuit involving the Republican River and Kansas.

Nonetheless, Colorado water regulators say they may fastidiously monitor the venture and plan to satisfy repeatedly with Nebraska’s group.

“There are points,” mentioned Kevin Rein, the previous director of Colorado’s Division of Water Assets who retired in December. “The canal’s location and the route it could observe is vital. However extra substantively, we wish to make sure that the position of the headgate (diversion construction) and the canal don’t create a burden on Colorado and its water customers.”

Water tasks inside Colorado are topic to in-depth opinions in particular water courts, however the Perkins Canal Challenge, as it’s recognized, is ruled by the federal compact, and received’t essentially be topic to that course of, officers mentioned.

Colorado growers with junior water rights on the Decrease South Platte, who’re solely allowed to divert in the course of the winter, will possible be probably the most affected, in response to Mike Brownell, a Logan County commissioner and dryland farmer. Underneath the compact, Nebraska too has a winter diversion proper. The success of the deal will possible come right down to how properly each states and their diverters handle the water that’s flowing, usually in troublesome icy situations, officers mentioned.

Native conferences in Sedgwick and Logan counties have been ongoing. Brownell mentioned some folks in these conferences estimate that susceptible growers may lose half the water they’re usually in a position to divert.

“If that might come to go, it could be fairly catastrophic,” Brownell mentioned. “We’re actually not sure but, but when we go from having 1000’s of irrigated acres, to having 1000’s of dryland acres, it’s going to severely impression the property tax base in Logan and Sedgwick counties.”

Additionally of concern is the well being of the Platte River Restoration Implementation Program. Funded and overseen by Colorado, Wyoming, and Nebraska, and the federal authorities, the practically 17-year-old program helps hold extra water within the central Platte River and has dramatically boosted at-risk hen populations, together with piping plovers and whooping cranes, and expanded their habitat. It has additionally allowed dozens of water tasks in Colorado, Wyoming and Nebraska to adjust to the federal Endangered Species Act and proceed working.

However that hard-won settlement took 10 years to barter. Don Ament, a Sterling-area rancher and former Colorado Commissioner of Agriculture who helped negotiate the deal, mentioned he’s frightened that political strife over the canal and any further pressure on the river’s provides, may endanger the restoration program.

Nonetheless, with few particulars on canal location and precise water diversions out there but, it’s troublesome to say what impression the Perkins Canal may have, in response to Jason Farnsworth, government director of the restoration program.

“We may see extra water within the river, we may see much less. We simply don’t know but,” he mentioned.

Nebraska’s Bradley mentioned he believes the restoration initiative will truly profit from the canal, as his state seeks to achieve management over its new winter water provide and ship it to the primary stem of the river, the place it would profit birds and fish.

“Although the restoration program will not be the first goal of the canal, we predict we’re aligned with its targets as a result of we are attempting to keep up the flows we’ve got as we speak with out seeing them erode,” Bradley mentioned.

The South Platte, like different Western rivers, is seeing flows shrink, because of local weather change and progress farther west alongside Colorado’s Interstate 25 hall.

Good water years, similar to 2023 and 2013, nonetheless can dramatically increase flows on the Colorado/Nebraska state line. Water managers in Colorado consider cautious administration of the decrease river and maybe elevated storage, may permit all of the water customers to coexist.

“There’s a potential impression to (water) rights within the river, whether or not it’s for storage or for the restoration program. So what can we do about that? We administer in response to the compact,” Rein mentioned. “It sounds a bit of like we’re giving up, however the water customers are fairly sensible. They know find out how to legally, and in good kind, develop methods to mitigate the impacts.

“The present perspective of Colorado,” he added, “is that we have to acknowledge that there’s an interstate compact that has been accepted by the US and we place a excessive regard on the necessity to adjust to that compact.”


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