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Colby, Kansas | David,
The issue of groundwater pumping depleting streamflows is definetly a hot issue in Nebraska, since we passed LB108 in 1996. This allowed for conjunctive use policy which allowed integrated management of hydrologic systems that are connected (ground and surface). One the state admitted that the water was connected, lawsuits prevailed. The first notable one was over the Pumpkin Creek in the Southern Panhandle, and then Kansas v. Nebraska and Colorado over the Republican Basin which settled out of court but is still being delt with.
If your more interested:
Pumpkin Creek: The surface water user sued upstream irrigators and the Nebraska DNR, the Central Nebraska Public Power and Irrigation District which receives surface water downstream later filed suit as well.
Spear T Ranch v. Knaub, 269 Neb. 177, 185, 691 N.W.2d 116, 127 (2005)
Spear T Ranch, Inc. v. Nebraska Department ofNatural Resources, 270 Neb. 130, 137-38, 699 N.W.2d 379, 385-86 (2005)
Complaint of Central Nebraska Public Power and Irrigation District, 270 Neb. 108, 117, 699 N.W.2d 372, 378 (2005)
Basically the Nebraska surpreme court has still left the question open as to rather downstream surface water right holders can seek damages. Federally we don't know because Kansas v. Nebraska / Colorado settled out.
Just some thoughts as I've used this topic for many research papers at school.
This water deal is ugly, beleive me it's hit home personally at times, maybe with the global warming thing we'll start getting an extra 5-15" a year here on the plains ;-)
Best Regards,
Lucas Haag
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Irrigating snow
