Irrigation Leader May 2014

Volume 5 Issue 5

May 2014

Innovating With Integrative Water Management: Stream Augmentation in Southwestern Nebraska

Local Solutions

By Kris Polly

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bout two months” was the answer given to a question I recently asked of Nate Jenkins, assistant manager of the Upper Republican Natural Resources District. My question to Nate was, “How much time elapsed from when it was learned the Lincoln County land was for sale until the three Republican Natural Resources Districts (NRDs) organized, raised the necessary funding, and purchased the property for the Nebraska Cooperative Republican Platte Enhancement (N-CORPE) project?” That is about two months to decide on a course of action and raise nearly $88 million to purchase approximately 15,800 acres of irrigated farmland. Including the pumps, pipelines, and other necessary infrastructure for the N-CORPE project, the total cost will be $120 million. Since 2007, the Republican NRDs have had the authority to implement an “occupational tax” of up to $10.00 per acre on irrigated land. The funding for the N-CORPE project comes directly from the irrigating farmers in the Upper, Middle, and Lower Republican NRDs. The N-CORPE project

will ensure compliance with the Nebraska–Kansas interstate compact and protect all the irrigating farmers from potential forced shutdowns. Most importantly, the 15,800-acre N-CORPE project will help maintain the value of the nearly 1 million irrigated acres within the three Republican NRDs and preserve the local economies that are dependent on agriculture. Additionally, the N-CORPE project has created more time and flexibility to allow for future irrigation and water management improvements. The locally elected Republican NRD board members and their respective manager employees have demonstrated their ability to think creatively and move quickly to develop solutions.

Kris Polly is editor-in-chief of Irrigation Leader magazine and president of Water Strategies LLC, a government relations firm he began in February 2009 for the purpose of representing and guiding water, power, and agricultural entities in their dealings with Congress, the Bureau of Reclamation, and other federal government agencies. He may be contacted at Kris.Polly@waterstrategies.com.

The Water and Power Report www.WaterAndPowerReport.com The Water and Power Report is the one-stop aggregate news site for water and power issues in the 17 western states. Sign up for the free “Daily” service to receive e-mail notice of the top headlines and press releases each business day.

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Irrigation Leader

May 2014

C O N T E N T S 2 Local Solutions

Volume 5

Issue 5

Irrigation Leader is published 10 times a year with combined issues for November/December and July/August by: Water Strategies LLC P.O. Box 100576 Arlington, VA 22210 Staff: Kris Polly, Editor-in-Chief John Crotty, Senior Writer Robin Pursley, Graphic Designer Capital Copyediting LLC, Copyeditor SUBMISSIONS: Irrigation Leader welcomes manuscript, photography, and art submissions. However, the right to edit or deny publishing submissions is reserved. Submissions are returned only upon request.

4 Innovating With Integrative Water

Management: Stream Augmentation in Southwestern Nebraska

12 Water Conservation in the Loup Basin

Management on the Central Platte

By Amy Prenda

22 Reinvesting in Infrastructure

CIRCULATION: Irrigation Leader is distributed to irrigation district managers and boards of directors in the 17 western states, Bureau of Reclamation officials, members of Congress and committee staff, and advertising sponsors. For address corrections or additions, please contact our office at Irrigation.Leader@waterstrategies.com.

Irrigation Leader

By Lyndon Vogt

18 Nebraska Water Resources Association

COVER PHOTO: Left to right: Jack Russell, Mike Clements, Kent Miller, and Jasper Fanning

By Matt Lukasiewicz

14 Taking Water to the Bank: Conjunctive

ADVERTISING: Irrigation Leader accepts one-quarter, half-page, and full-page ads. For more information on rates and placement, please contact Kris Polly at (703) 517-3962 or Irrigation.Leader@waterstrategies.com.

Copyright Š 2014 Water Strategies LLC. Irrigation Leader relies on the excellent contributions of a variety of natural resources professionals who provide content for the magazine. However, the views and opinions expressed by these contributors are solely those of the original contributor and do not necessarily represent or reflect the policies or positions of Irrigation Leader magazine, its editors, or Water Strategies LLC. The acceptance and use of advertisements in Irrigation Leader do not constitute a representation or warranty by Water Strategies LLC or Irrigation Leader magazine regarding the products, services, claims, or companies advertised.

By Kris Polly

By Kacie Thrift

DISTRICT FOCUS 24 Frenchman Cambridge Irrigation District

By Brad Edgerton

MANAGER’S PROFILE 28 Ron Wolf WATER LAW 32 Permitting Stock Ponds on Intermittent

Streams: The Real Life Impacts of CWA Expansion

By Steve Smith

THE INNOVATORS 34 RhinoGator: A Tough Hide for Pivot

Wheels

By Loren Block

36 Measuring Success With McCrometer 3

Innovating With Integrative Water Management:

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Stream Augmentation in Southwestern Nebraska

he Nebraska Cooperative Republican Platte Enhancement (N-CORPE) project is an interlocal government agency organized by four Nebraska Natural Resources Districts (NRDs). Its purpose is to pipe water that otherwise would have been used for irrigation into the Republican and Platte Rivers when needed to satisfy terms of the three-state Republican River Compact and associated settlement agreement and to help Twin Platte NRD meet its obligations to increase flows in the Platte River. The N-CORPE plan is to pump groundwater that otherwise would have irrigated crops to offset depletions to stream flow in Nebraska’s portions of the Republican and Platte River basins.

In late 2012, N-CORPE purchased 19,500 acres, approximately 15,800 of them irrigated with groundwater, in the sandhills of Lincoln County, Nebraska, that straddle the Republican and Platte River basins. Irrigation ceased on the property and within a little over a year, the $120 million project that includes 30 high-capacity wells and approximately 20 miles of pipeline, including 7 miles of 42” main transmission line, was enhancing Republican River stream flows with approximately 40,000 gallons per minute.

In 2014, the project has prevented what would have been an economically crippling shutdown of hundreds of thousands of irrigated acres in the Republican basin to maintain compliance with the Republican River Compact, which includes Kansas and Colorado. In coming months, construction will begin on a 10-mile main transmission line to the Platte River that will help prevent an irrigation shutdown on approximately

50,000 acres.

The N-CORPE project is similar to a stream flow enhancement project launched by the Upper Republican NRD in 2011 that began operating in 2013. The Rock Creek Augmentation Project in Dundy County, Nebraska, retired approximately 5,100 irrigated acres and is currently providing approximately 13,000 gallons per minute to Rock Creek, a tributary of the Republican River. That project cost approximately $22 million.

Brian Dunnigan, director of the Nebraska Department of Natural Resources, highly touts the project: “N-CORPE and the Rock Creek Augmentation Project are great examples of how Natural Resources Districts have developed and implemented management strategies to efficiently address significant water management challenges across the state.

N-CORPE specifically is an excellent illustration of how such multiagency collaborative efforts can create broad-based successful outcomes that provide significant benefits to water users across multiple Natural Resources Districts and multiple river basins. It’s exactly this type collaboration that embodies Nebraska’s integrated approach to water management.”

This innovative undertaking is helping the NRDs achieve a variety of goals: efficient groundwater and surface water management and conservation, the preservation of irrigated agriculture in southwestern and west-central Nebraska, interstate compact compliance, and the promotion of sustainable water supplies. Irrigation Leader's editor-in-chief, Kris Polly, spoke with the four NRD general managers instrumental

Water flows out of the energy dissipater structure and into Medicine Creek at the end of the N-CORPE pipeline in Lincoln County, Nebraska, on June 2, 2014. Approximately 40,000 gallons per minute were being discharged, which are typical flows for the project.

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Irrigation Leader

in the development and implementation of N-CORPE to learn more about the project and its impacts on southwestern Nebraska.

Jasper Fanning, PhD, is general manager of the Upper Republican NRD based in Imperial, Nebraska. The district includes Dundy, Chase, and Perkins Counties. Fanning joined the district as general manager in July 2004. Originally from Benkelman, Nebraska, Fanning understands the value of natural resources in the Upper Republican NRD. His economics background is useful in identifying and implementing costeffective solutions to water management issues.

Mike Clements has been general manager of the Lower Republican NRD based in Alma, Nebraska, since 2001. The district includes Furnas, Harlan, and Franklin Counties; most of Webster County; and part of Nuckolls County. Mike is a graduate of Kearney State College with a degree in business administration. Mike serves on the board of the Republican River Riparian Partnership, the Nebraska Water Balance Alliance, and the Nebraska Water Resources Association.

Mike is a member of the Governor’s Riparian Vegetation Management Task Force, president of the Harlan County Extension Board, a member of the Alma City Council, and chairman of the NRD Manager’s Committee.

Jack Russell is general manager of the Middle Republican NRD based in Curtis, Nebraska, and began his duties in early 2014. The district includes Hayes, Frontier, Hitchcock, and Red Willow Counties and part of Lincoln County.

Jack grew up on a farm north of Riverton, Nebraska, and graduated from Franklin High School. He has a degree in agronomy from the University of Nebraska–Lincoln. Jack worked for the U.S. Department of Agriculture in the Natural Resources Conservation Service in Nebraska, Colorado, and North Dakota. His background includes serving as a district conservationist, RC&D coordinator, and assistant state conservationist.

Kent Miller has been general manager of the Twin Platte

NRD based in North Platte, Nebraska, since 1973. The district includes Arthur and Keith Counties and most of Lincoln and McPherson Counties. A lifelong resident of North Platte, Miller graduated from North Platte High School and went on to receive a bachelor of science degree and a master of science degree in civil engineering from the University of Nebraska– Lincoln. He is a registered professional engineer in the state of Nebraska and the state of Colorado. He has served on the MidPlains Community College board of governors since 1975 and currently represents Mid-Plains Community College on the Nebraska Community College Association board of directors.

Kris Polly: What is a Natural Resources District and how are they financed and governed?

Mike Clements: NRDs are political subdivisions of the state of Nebraska. The majority of our general fund operating dollars comes from property taxes. NRDs are governed by an elected board of directors.

Kent Miller: NRDs in Nebraska began in 1972, when the state consolidated soil and water conservation districts and watershed conservancy districts.

Kris Polly: Please provide our readers with a brief background of the Republican River and the interstate compact among Colorado, Nebraska, and Kansas.

Jasper Fanning: The Republican River is a predominantly runoff-fed river basin that begins in eastern Colorado. The north fork and south fork meet at the confluence near Benkelman, Nebraska. The river then flows through southwestern Nebraska into Kansas.

There was a flood in 1935 that destroyed a lot of communities along the Republican River and throughout the basin, from southwestern Nebraska into Kansas. As

A total of approximately 20 miles of pipe were installed as part of the project, including about 7 miles of main, 42” transmission line.

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a result, there was a political movement to construct flood control reservoirs. The federal government would not construct flood control structures without an interstate agreement. The agreement ultimately apportioned water supplies to the basin states.

Since that time, Kansas has alleged that Nebraska has overused its share. Kansas filed suit in the U.S. Supreme Court, which resulted in a settlement stipulation that modified the allocation accounting. That regime governs our water management today. Under the compact, Nebraska receives 49 percent; Colorado, 11; and Kansas, 40. The water supply is divided on a subbasin basis. Under the final settlement stipulation, there is a five-year rolling average and there is a twoor three-year rolling average that must be met during drought periods or low water supply periods.

Mike Clements: It is a consumptive use compact, not a delivery compact. There isn’t x amount of water that has to be delivered across the state line.

Kris Polly: Please tell our readers about the Platte River Cooperative Agreement and how the Twin Platte NRD is involved.

Kent Miller: In 1997, Colorado, Wyoming, Nebraska, and the federal government entered into a cooperative agreement with the purpose of putting together a program for the Platte River to deal with Endangered Species Act requirements for entities looking to develop water projects along the river. Under the cooperative agreement, which began in 1997, Nebraska agreed to return the river to 1997 conditions. More than 10 years later, all the parties to the cooperative agreement entered into the Platte River Recovery Implementation Program.

Back in 2002, a Nebraska legislature commissioned a task force to look at the relationship between groundwater and surface water. In 2004, the legislature adopted the task force’s recommendation for conjunctive management in LB [Legislative Bill] 962. The legislation designated the Platte River above Kearney as overappropriated and placed a moratorium on all new water development; the NRDs were mandated to develop integrated management plans as well as a basin-wide plan.

Twin Platte NRD is now carrying out its integrated management plan, which ultimately is to benefit the river in its entirety. That is why we are involved in the N-CORPE project.

What is interesting about this N-CORPE project is that it came about from a discussion at a Republican basin meeting at the NRDs’ annual conference. Within in a week and a half, we put together committees among the four NRDs and had a plan up in a month. Government doesn’t usually move so fast. We wouldn’t be where we are if Jasper didn’t run with this.

Kris Polly: How is groundwater use in the Upper, Middle, and Lower Republican and Twin Platte NDRs regulated?

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All water discharged through the N-CORPE project is carefully measured and recorded at each well in addition to a meter at the end of the N-CORPE pipeline.

Irrigation Leader

Mike Clements: Essentially, through the goals and objectives of the integrated management plans and associated guidelines, we manage our groundwater. We are on the third generation of our plan. It has been updated to address drought conditions. The plans have been very effective.

We have had allocations beginning with our first integrative management plan beginning in 2005. The Lower Republican had a moratorium on adding new irrigated acres back in 2004 and a moratorium on drilling new wells in 2002. Right now, our allocation is 45 inches for five years— producers can use that water how There are 30 wells that pump water into Medicine Creek, all equipped with variable they see fit; if there is a particular year frequency drives and controlled via a SCADA system. they want to use more than 9 inches, they can (knowing that the aggregate is 45). Because of Bureau [of Reclamation] did a study on the impacts of the drought conditions, over the last two years we have had to development of small, nonfederal reservoirs, and terracing implement a cap—last year it was 10.5-inches, this year fields throughout the basin had reduced the water supply it is a 10-inch cap if you are pooled and an 11-inch cap if of the Republican River by roughly 60,000 acre-feet you are not. annually. What that means is that we can only impact base flow, which is about 30 percent of the river’s supply, Kris Polly: Jack, what is your allocation? through groundwater management. Seventy percent of the supply among the three states is impacted by runoff, Jack Russell: Our allocation is 60 inches over five precipitation, and conservation measures. years. Last year, we had a 10.8-inch hard cap; this year, it is We recognized early on that regulation was going to a 15-inch hard cap. be needed because base flow was a component of the river’s supply for compliance. We always knew we would Jasper Fanning: In the arid West, where it doesn’t rain have to do other activities, such as surface water leasing as much as in the Lower and Middle Republican NRDs, and other conjunctive management alternatives like the we have a 65-inch allocation at 13 inches per year. In the augmentation projects, to manage the supply of water. We Upper Republican, we have been regulating groundwater have no way to manage the reduction in supply due to longer than any entity in the country—since 1978. surface water conservation.

With the stream augmentation projects, we are Jack Russell: It is true local control. utilizing irrigation water that historically went through the evapotranspiration process and are now putting it into Kent Miller: We do not have allocations on the Platte. stream flows. That allows us, with the flip of a switch, to Up until 2004, we had no groundwater declines occurring control the supply and comply with the compact during in our NRD. We still don’t, outside of drought years. If we dry times. had declines, we would look at reducing irrigated acres as opposed to allocations. We hope to never get there.

Mike Clements: To look at the big picture, we have done a multitude of things over the years, from Kris Polly: What actions have the Upper, Middle, and retiring irrigated acres to implementing allocations to Lower taken to ensure compliance with the interstate augmentation. There is no silver bullet. It will take a compact? combination of these practices.

Jasper Fanning: Our regulations are designed to keep us in compliance during average precipitation periods over the long term. When it is dry, there is only so much we can do. Regulating groundwater alone isn’t efficient. The Irrigation Leader

Kris Polly: What would happen if you simply shut off all the irrigation wells? Would that solve the compliance problem?

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Jasper Fanning: No. Simply shutting off the wells would not be sufficient. It would take shutting off the wells and surface water users. Because of the way base flows interact with stream flows—pumping changes base flow—you would have to shut off a significant portion of the groundwater pumping in the basin. It would still not be sufficient in the short term Kent Miller: On the Platte side, we looked at that as part of the integrated management plan. To return the river to 1997 conditions, we would have had to shut off wells serving 50,000 acres. Even if you shut off all of those wells, it would take years for the river to show increased surface flows.

Jasper Fanning: Shutting off groundwater would create a dynamic shift in the economy. In southwestern Nebraska, irrigation is a significant economic driver. The difference between irrigated values and dryland values is somewhere on the level of $3,000 per acre, or more than $3 billion.

Kris Polly: What is the source of your funding?

Jasper Fanning: As Mike mentioned earlier, our general operating budgets are funded by property taxes.

The stream flow augmentation projects are funded by an occupation tax—up to $10 per irrigated acre. We have had the authority to use that occupation tax since 2007.

Kent Miller: We started utilizing that occupation tax this year.

Kris Polly: Please describe the concept of stream augmentation.

Jasper Fanning: The simplest way to describe the concept is that we are increasing stream flow with water that was used for irrigation via groundwater wells and pumping that groundwater into the stream at times when the compact requires increased stream flows.

Kris Polly: Please describe your stream augmentation projects and how you intend to use them?

Jasper Fanning: There are two main projects: the Rock Creek project, which has an annual capacity of 21,000 acre-feet, and the N-CORPE project, which has a capacity of 60,000 acre-feet per year that will augment Medicine Creek (a tributary of the Republican) or the South Platte. On the Rock Creek project, we have retired 5,100 acres to open up 10 wells to use for augmentation.

On the N-CORPE project, we are utilizing 30 wells to reach that capacity, and we retired roughly 108 wells. It 8

is 6 miles of pipe from the edge of the well fields to the discharge points. The Rock Creek project has a 24-inch diameter transmission line, and the N-CORPE project has a 42-inch diameter line.

On the N-CORPE project, when you include all of the laterals, we have about 20 miles of pipe. The N-CORPE well field is complete, and the transmission line running to Medicine Creek is currently operating. The only piece missing is the transmission line north 10 miles to the Platte River. Construction will start on that in 2015.

With the irrigated land we purchased for retirement, we are working to return it to native rangeland. It will be the largest grassland restoration project in Nebraska history.

The land is located in the Nebraska sandhills, so the first step was to lay down a cover crop because we did not want 16,000 acres of sand blowing. The second step will be to establish native grass over several years.

Kris Polly: Who will benefit from the projects?

Jasper Fanning: Everybody in southwestern Nebraska.

It starts directly with the irrigators, who will have a reasonable allocation of water because we won’t have to regulate their water use as the sole means of compact compliance. The short-term and long-term benefits to the irrigated economy will trickle down to everyone who has a job in southwestern Nebraska.

Kent Miller: On the Platte side, the augmentation project will help keep our irrigators whole. Our benefit is really the Platte River basin—we’ll be returning water to the river for irrigators, hydro producers, and wildlife.

The stabilized flow will also benefit surface water users in eastern Nebraska.

Mike Clements: One statewide benefit is keeping taxpayers off the hook for having to pay damages to Kansas for being out of compliance with the compact.

Kris Polly: Do you plan to coordinate your augmentation projects with the Bureau of Reclamation?

Jasper Fanning: We have approached the irrigation districts that are Reclamation contract holders about the potential conjunctive management opportunities offered by the augmentation projects. My understanding is that Reclamation is doing an exchange with N-CORPE’s water within its project for the Bostwick Division.

Kris Polly: After the augmentation projects are completed, what future actions are you planning to help ensure compliance with the interstate compact and the Platte River Conservation Agreement?

Irrigation Leader

Mike Clements: I think it is just a continuation of what we have been doing over the last several years with our integrated management plans and making sure the goals and directives of those plans are carried out. We can do that in a variety of ways. For example, we had a dryyear lease program—4,000 acres in my district were retired for two years in a row to benefit the district.

Jack Russell: The key here is that the augmentation projects allow us to meet short-term compliance needs caused by drought; they won’t be the cure-all. There will still need to be regulation of groundwater use for longterm needs.

Kent Miller: In addition to the conservation and augmentation actions already mentioned, we’re working with the surface water irrigation districts within the NRD to develop solutions to these issues.

Kris Polly: What is your message to all the irrigators on the Republican and Platte Rivers, Reclamation, and Congress?

for the entire state of Nebraska. You can only trade services so long; you have to have new dollars in the economy. We are doing that by protecting agriculture here. We are doing what we can, but there is going to be a continual need for supplemental funding at the federal level.

Mike Clements: The message to the irrigators on the Republican is to keep conserving. When we are in normal precipitation conditions, our water usage is about half what it was back in 2002. No-till has been a huge factor.

Jasper Fanning: Maybe one point to make is that we are managing water in changing times. We can’t go back to 1950. We have to deal with what we have today and move forward. We have to put this limited and precious resource to the most beneficial use. That requires us to find different ways to manage water. The augmentation projects are an example of a different use that we have not had in the past. I think you will see us changing and adapting to ensure that we have water available for the most beneficial uses in the state.

Kent Miller: We are protecting existing irrigation in Nebraska. As Jasper talked about, that’s an economic driver

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4.1-mile lateral completed in 2012.

Water Conservation in the Loup Basin

By Matt Lukasiewicz

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ater conservation has been an essential management tool for the Sargent and Farwell Irrigation Districts along the Middle Loup River in central Nebraska. We have been undertaking a multiyear, multimillion-dollar project to bury all of our open laterals into PVC pipe to better serve our water users and to help ensure adequate water supplies in dry years.

The results thus far have been excellent: Across Sargent and Farwell, we have seen a 30 to 35 percent decrease in water volume in the respective irrigations systems as a result of burying laterals.

The Districts

Farwell is a large district that serves 53,414 acres of prime farmland via 110 miles of main canal, 35 pumping

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plants, and 255 miles of laterals. The Arcadia Diversion Dam diverts water from the Middle Loup River and carries it via the Sherman Feeder Canal to Sherman Reservoir, the district’s storage reservoir. Sargent is smaller, serving 14,287 acres. Its infrastructure includes the Milburn Diversion Dam on the Middle Loup, the 40-mile Sargent Canal, more than 40 miles of laterals, and a small pump.

Completing the Vision

My predecessor, former General Manager Tom Knutson, began these efforts years ago. He recognized the value and the need to conserve as much water as possible and acted on that need. There was also a great deal of support from the districts’ respective boards of directors from the get-go. They see the value in burying laterals and saving as much water as we can, especially with the type of Irrigation Leader

1965 Koehring Trencher still in use.

drought that we have had recently.

All 40 miles of Sargent’s laterals are buried. Of Farwell’s 255 miles of laterals, we have buried around 215 miles. With only two more laterals to bury, we are nearing the end of the project. The last installation we did in Farwell was in 2012, when we buried 4.1 miles of lateral.

For the first one-third of a mile, we left the ditch open and installed a Rubicon gate to provide more accurate measurements and releases. We left the ditch open because the terrain is so flat that piping would require very large pipe, which is very expensive and involves a lot of dirt work.

For the next step in the project, we are looking to bury another 3.3 miles of lateral in fall 2015. However, I just applied for a Bureau of Reclamation WaterSmart grant, so if the district is awarded those funds, we can begin the work in the fall of this year. Again, we aim to leave the first one-third of a mile open and install a Rubicon gate.

For both districts, project pipe has ranged from 8 inches to 27 inches. We have used Diamond Plastics PVC exclusively. Diamond has gone over and above what was needed to get the job done. We toured the plant and saw the quality and pressure testing the pipe goes through—it is comforting to know that what we are putting in the ground will last an extremely long time.

Funding

Every year, we budget a certain amount and put it into a project improvement reserve, setting aside a specific amount that is placed in an interest-bearing certificate.

Generally, every three years that money accumulates to a

Irrigation Leader

point at which we can bury another lateral. We pull that money out and spend it on what we need to complete the next project. We have also had to raise assessments to support this work.

From the beginning, the boards of directors of both Farwell and Sargent agreed to invest in conservation.

Respective district board members have done a great job of reaching out to our farmers and including them in oneon-one conversations and monthly meetings to ensure that everyone knew what was at stake. Sargent kicked in a lot of money early on, enabling it to complete conservation work by the mid-2000s. Farwell is a lot bigger project and required more capital to place the laterals into pipe.

The Results

Looking back to 2012, when Farwell and Sargent had to curtail operations due to drought conditions—an event that has only happened twice in the history of the project, conservation came to the forefront of everyone’s mind.

Without the laterals being piped, we would have had to shut down operations mid-summer. Ultimately, placing our laterals into pipe has saved us thousands of acre-feet of water annually, enabling both districts to serve our growers more efficiently and cost effectively.

Matt Lukasiewicz is general manager of the Loup Basin Reclamation District, Farwell Irrigation District, and Sargent Irrigation District.

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Taking Water to the Bank: Conjunctive Management on the Central Platte

By Lyndon Vogt

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ig picture water management. Portions of the Central Platte Natural Resources District (CPNRD) are considered fully appropriated and portions are considered overappropriated. Therefore, CPNRD is required to get the overappropriated areas back to fully appropriated. To do that, CPNRD has to put water back in the Platte River. The district looked at different options and determined that the best way to do that, without taking irrigated acres out of production, was to employ conjunctive management with some of the surface water irrigation projects in the district.

In essence, CPNRD is enabling irrigators to use surface water in a wet year and recharge the groundwater with those surface water diversions. In a dry year, when the Platte River flows are below U.S. Fish and Wildlife Service (FWS) targets or Platte River Recovery Implementation Program (PRRIP) demands, irrigators can use groundwater and leave the surface water in the river to meet other uses, including those of endangered species that use the river.

Addressing State and Federal Requirements Two major factors are driving CPNRD’s efforts to bank surface water for dry years: Legislative Bill (LB) 962 and the PRRIP. In 2004, the Nebraska legislature adopted LB 962, requiring the integrated management of surface water and groundwater. That meant that the Nebraska Natural Resources Districts and the state Department of Natural Resources (DNR) had to develop an Integrated Management Plan (IMP) offsetting new uses in the basin

in overappropriated areas that would negatively impact an existing surface water right or groundwater use. The IMP also required offsets sufficient to return the Platte River basin to a fully appropriated status.

The other factor was the development of the PRRIP in 2006 with Nebraska, Wyoming, Colorado, and the U.S. Department of the Interior. The program calls for offsets to new depletions of FWS “target flows” and a return to the 1997 level of depletions. It is within these frameworks that CPNRD determined that the best way to manage our surface water and groundwater supplies was conjunctively.

The Projects

Our solution is simple: CPNRD purchases water rights to balance water that is being used with water that is available. There are several canals in the western part of our district where we are overappropriated, including 6-Mile Canal, Cozad Canal, 30-Mile Canal, and Orchard Alfalfa Canal. We have partnered with these ditch companies, managing each canal to bank water and implement phased rehabilitations to improve the delivery systems.

CPNRD has partnered with the Cozad Ditch Company, which owns water rights dating back to 1894, to manage the Cozad Canal and to lease unused surface water flows from the canal back into the Platte River. Similarly, on the Orchard Alfalfa Canal, we set up a management-lease agreement with the Southside Canal Company. As part of the agreement, CPNRD will assist in water delivery operations, pay half the operation and maintenance costs, and receive half the revenues. In each case, CPNRD will use the canals after irrigation season

Extensive grading and reshaping was necessary on all three irrigation canals, which are now some of the most efficient operating systems in America.

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to recharge excess Platte River flows when available, recharging the aquifer and retiming excess surface water flows as they filter back into the Platte River. CPNRD is helping fund the complete rehab of these canals.

CPNRD’s partnership with the 30-Mile Irrigation District differs from the prior two in that it includes a purchase agreement. CPNRD paid $1.9 million for a half interest in the irrigation system, including half the irrigation district’s water rights and half the value of buildings and equipment. As we did with Cozad and Orchard Alfalfa, we will use the canals before and after the irrigation season to hold diverted off-season excess Platte River flows when available.

6-Mile Canal was the first canal with which CPNRD partnered. We bought out irrigators’ water rights and closed the canal. After 116 years of use, landowners and farmers along the canal were eager to convert their land to groundwater use. Much of the canal bisected fields, so the farmers were able to reclaim the land once occupied by the canal and work longer rows. The canal withdrew an average of 2,377 acre-feet of water annually. We are in the process of transferring the water rights of 6-Mile Canal to 30-Mile Canal, which is just upstream of the 6-Mile headgate.

Along all of these canals, we are working with landowners to true up all of their acres to pinpoint what they are actually irrigating. After that process, the landowners transferred any nonirrigated land back to the irrigation district so the district can reallocate the acres to be put to beneficial use. CPNRD is very close to completing that process. In fact, we have found homes for all of those acres.

Effective Recharge and Delivery Through Measurement

CPNRD has worked with DNR to divert excess flows in the nonirrigation season and has applied for an excess flow right. To do that, we measure the excess flow diversions, the amount of water lost in the canal going back to the river (through seepage rates), and the amount of water going back into the ground over a 50‑year time horizon. That means we are actually retiming Platte River flows during times of excess, which not only helps with downstream flooding but also with ensuring sufficient water supplies for times of shortage.

In the process of rehabbing the canals, we have increased our ability to accurately make measurements.

We installed Rubicon gates to use at canal headworks to measure flows going directly back to the river, as well as on spillways and recharge points. CPNRD has also worked with the U.S. Geological Survey to use technology to measure recharge rates.

Irrigation Leader

Olsson Associates engineering firm inspects a concrete spillway that was added to the Orchard Alfalfa Canal to allow flood water to drain into the adjacent Platte River channel.

Benefits for Water Users

The state of Nebraska saw an opportunity to put water back into the Platte River at a fairly large scale, with an average of 20,000 acre-feet annually. So at a total cost $15 million for these projects, the state was willing to make a significant infrastructure investment. The Nebraska DNR and the Nebraska Environmental Trust covered 60 percent of project costs, while the CPNRD paid 20 percent and the canal companies paid the remaining 20 percent.

The canals were struggling to stay solvent. There had not been a great deal of maintenance on them in the last few years, and they were overrun by a tremendous number of trees. Some of the gates were in disrepair. Ultimately, we created a way for the canals to stay solvent. We have completely reshaped the canals—grubbed all the trees off, regraded all the canals, and placed new structures. The canals and CPNRD are reimbursed from the PRRIP for the water that they are diverting back to the river to assist with target flows. In addition to the financial benefits, the banking program is helping to protect groundwater quality and quantity.

The partnerships created between the canal companies and CPNRD resulted in increased Platte River flows while keeping all water users whole. This project is a model for other entities in Nebraska and showcases what can happen when groundwater and surface water users work toward a common goal.

Lyndon Vogt is the general manager of the Central Platte Natural Resources District. Lyndon began his career in 1996 at the Lower Niobrara Natural Resources District and then moved to the Upper Niobrara White Natural Resources District in 2001. Lyndon began his employment with the Central Platte Natural Resources District in June 2013. You can reach him at (308) 385‑6282.

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Nebraska Water Resources Association

By Amy Prenda

T

he Nebraska Water Resources Association (NWRA) is a nonprofit alliance of state organizations and individuals dedicated to the appropriate management, conservation, and use of water and land resources on a statewide and national level.

Founded in 1944 to further the development, reclamation, conservation, and beneficial uses of Nebraska’s water and land resources, the NWRA’s mission is to be a leader in Nebraska water. Directed by a 24-member board of directors representing Nebraska’s river basins; surface water and groundwater irrigation; electric power; municipalities; and industrial, professional, conservation, recreation, and financial institutions, the NWRA provides a diverse but unified voice to government policymakers and the public on water issues.

and was also active in interstate water issues through its affiliation with the National Water Resources Association, then known as the National Reclamation Association.

By the 1970s, Nebraska had seen many post–World War II water projects completed, and the association turned its attention toward municipal water needs—both the projects and use associated with groundwater and surface water resources. It was also during this time that water projects became vulnerable to environmental and endangered species protection laws passed by Congress in the late 1960s and early 1970s.

In 1972, the Nebraska Reclamation Association followed the lead of the national association and changed

History

Initially known as the Nebraska Reclamation Association, the NWRA came into existence to settle a dispute between the Central Nebraska Public Power and Irrigation District and a group of concerned water users. The association continued to foster cooperation among water users as it dealt with many intrastate water issues, including promoting public power development, major flood control works, and watershed programs and projects

NWRA Principles

• Responsible environmental stewardship.

• Protection of public health and the environment.

• Use of sound science in water resource management.

• Reasonable economic benefits and costs for water projects.

• Advocacy for public education regarding water resource issues.

• Leadership recognition in addressing water issues.

A windmill in the Agate Hills.

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Irrigation Leader

together 50 to 60 people to discuss Nebraska water issues.

Often, state legislators attend to learn about key water issues. While the Nebraska legislature is in session, the NWRA coordinates urban–ag lunches for urban legislative representatives, at which speakers give presentations on agricultural issues. Also during the legislative session, the NWRA facilitates weekly conference calls to discuss legislation that impacts agricultural and water.

2014 Issues

Irrigated field of wheat.

its name to the Nebraska Water Resources Association to better reflect the expanded water interests of the association. The NWRA also expanded its membership to accommodate for broadening interests and increasing pressure on water development. Such membership included manufacturing industries, businesses, and agribusinesses that encouraged the expansion of irrigation in the state. As a result, in 1976, the NWRA became a full-time association.

In the late 1970s and early 1980s, the NWRA began to focus on the declining quality and quantity of groundwater resources. As interest shifted to groundwater and individual irrigators’ water rights and uses, public power districts were involved in rehabilitating projects and contract renewals in addition to relicensing water rights because of environmental laws and programs. As a result, while still supporting multiple-purpose water projects and water development, the NWRA also began to focus on defending water issues.

Facilitating Discussion

The NWRA’s vision is to achieve a sustainable water supply for all interests in Nebraska and at a national level.

The NWRA appreciates that our existing water resources need to be used in an economical and environmentally responsible manner. To that end, we facilitate discussion among the NWRA’s members and coordinate legislative strategies.

Every second Wednesday, from October through May, the NWRA hosts a water roundtable that brings

Irrigation Leader

State. In 2014, the NWRA succeeded at helping to get water sustainability funding passed in the Nebraska legislature. The NWRA worked with State Senator Tom Carlson, head of the Natural Resources Committee, to help pass Legislative Bill 1098. The legislation expands the Nebraska Natural Resources Commission to include more representatives, including members of agribusinesses, manufacturing, irrigation, public power, livestock owners, and wildlife conservation. In fact, the commission has become so diverse, it is similar to the NWRA board. This legislative session, the Nebraska legislature also established and funded the Water Sustainability Fund, which will fund water infrastructure development management, flood control, water-quality improvements, and interstate river compact compliance. The Nebraska Natural Resources Commission will determine how to use the fund to achieve those goals.

Federal. The NWRA is keeping apprised of the U.S. Environmental Protection Agency’s Clean Water Act expansion. It is the main federal issue affecting our members. The NWRA is concerned that water features not previously considered subject to Clean Water Act permitting—such as a pool of water in the middle of your field—will now require it.

Carrying the NWRA Vision Forward

The NWRA has evolved since its initial creation in 1944. However, since 1944 the NWRA has not strayed from its initial purpose—to promote the position that Nebraska’s water policy must balance the needs of people and the environment. To fulfill that purpose, the NWRA will continue to facilitate discussions among our members, stakeholders, and legislators, in addition to serving as the go-to resource for Nebraska water.

Amy Prenda is the executive director of the Nebraska Water Resources Association. You can reach her at aprenda@youraam.com.

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Reinvesting in Infrastructure

By Kacie Thrift

T

he Columbia Basin Project, located in Washington State, covers an area roughly twice the size of the state of Delaware. Even though the project is still in the process of being completed, there are 240 pumping plants, over 300 miles of main canals, approximately 2,000 miles of laterals, and more than 4,000 miles of drains and wasteways, all of which need to be maintained.

The project started in the 1930s and was built on borrowed capital. Financing was provided by the federal government and was made available only after the proposal for building included a feasibility study and was determined to have engineering and economic justification. Three irrigation districts hold contracts with the Bureau of Reclamation to operate and maintain the irrigation section of the Columbia Basin Project. Project farmers entered into contracts with the three irrigation districts to pay back a portion of the project through their assessments.

Project infrastructure was built in the 1950s and 1960s, putting some of the Columbia Basin Project systems at over 60 years old. Reclamation and the three irrigation districts (East, South, and Quincy) are responsible for infrastructure and continue to take steps to maintain 100 percent system reliability.

Since 1969, the cost for operation and maintenance of transferred works (the infrastructure after the bifurcation where the main canal splits into the West Canal and East Low Canal) is the responsibility of the three irrigation districts, which is also covered through farmers’ assessments. However, Reclamation continues to operate the project’s reserved works, which include Grand Coulee Dam, Banks Lake, and Potholes Reservoir.

Columbia Basin Development League (CBDL) Director of Governmental Relations Mike Schwisow said that the Columbia Basin Project assessment rates have been comparatively lower for Reclamation projects because it is newer. However, as the need for maintenance increases, so will the rates. CBDL is a nonprofit based in Washington State, promoting future development and educating the public on the renewable resource and multiple-purpose benefits of the project.

The goal of the three districts and Reclamation for maintaining existing infrastructure is to identify and replace systems before a failure puts the system out of commission during the irrigation season. Each irrigation district has used multiple approaches when dealing with reinvesting in the current infrastructure.

In 2004, the East Columbia Basin Irrigation District staff worked with a consulting firm to create a plan to 22

modernize all of the district’s 62 pumping plants, which serve 154,316 acres.

“The number one reason for the modernization plan was because of the liability,” East Columbia Basin Irrigation District Manager Craig Simpson said. “We have a responsibility to supply water, and we need to be able to rely on the infrastructure.”

The East District issued two separate bonds in 2006 and 2007 worth $6.5 million to start the process of replacing the 50-year-old pumps. Schwisow said longterm financing allows East District directors to hold down assessment increases by spreading the cost of needed replacement over time.

Simpson said the majority of infrastructure improvements are done through regular operation and maintenance activities with landowner assessments.

Outside sources are not used to fund the operation and maintenance of the project.

All three irrigation districts continuously upgrade gates, concrete panels, and other parts of the project to maintain reliability. The maintenance is often done during the winter season when irrigation water is not running through the canals. Maintenance during the irrigation season is typically kept to weed control and roadways.

The Quincy Columbia Basin Irrigation District (250,380 acres) has developed a plan to address the aging infrastructure in the West Canal. The Quincy District’s annual budget for maintenance has grown from $300,000 to $3 million in the last 10 years under the direction of Quincy Manager Darvin Fales. This is to ensure that infrastructure is replaced gradually in order to moderate the level of growth for landowner per acre assessments.

South Columbia Basin Irrigation District Manager Dave Solem said each of the irrigation districts has separate contracts with Reclamation for the operation and maintenance of the transferred works. Solem said everything the districts do is aimed at fulfilling the obligations of those contracts, which include the responsibility to maintain the existing infrastructure.

Kacie Thrift writes about issues affecting the Columbia Basin Project.

Most recently, she was a reporter and assistant editor for two newspapers in north-central Washington. She grew up in Entiat, Washington, and is a graduate with honors from Whitworth University with a bachelor of arts in journalism and mass communications.

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District Focus

Frenchman Cambridge Irrigation District

By Brad Edgerton

T

he Frenchman Cambridge Irrigation District (FCID) is a political subdivision of the state of Nebraska, organized under irrigation district laws on April 18, 1946. FCID delivers natural flow irrigation water to more than 400 growers covering 45,600 acres in southwestern Nebraska using 4 different canal systems, holding 41 direct flow permits with priority dates dating as far back as 1890. One hundred fifty-six miles of main canal and many more miles of laterals provide recharge that help stabilize groundwater supplies for municipal, industrial, and groundwater irrigation uses. Our farmers mostly grow corn and soybeans with centerpivot systems along those canals.

The Bureau of Reclamation holds the storage use permits for the same 45,600 acres and contracts with FCID to deliver supplemental water when the natural flow is inadequate to irrigate the lands. FCID also covers a percentage of the maintenance cost associated with the three Reclamation dams serving the district.

Being WaterSmart

We successfully obtained two Reclamation WaterSmart grants in addition to a grant through Reclamation’s Nebraska–Kansas area office. One grant has been used to develop a pumping station with a pipeline to supplement water to Bartley Canal on the south side of the basin with storage water from Harry Strunk Reservoir. Historically, FCID has released water from Trenton Reservoir and run it down the river, losing over 60 percent of it in transit, mostly to

groundwater pumping. We are working to avoid that.

That loss is what we will be saving by supplementing Bartley Canal with water from Harry Strunk.

In the last couple of years, the state has imposed stringent water administration and regulation requirements. The state ordered Reclamation to bypass inflows starting in January 2013. As a result, Harry Strunk did not fill last year and is down 10 feet this year going into irrigation season—the lowest level ever for his time of the year. When we start irrigation, we will have to draw down Harry Strunk even more.

As the reservoir is a popular place in the summertime, the drawdown will affect the local economy by reducing recreation and tourism.

The pumping station and pipeline are near completion. Unfortunately, with our natural flow permit on Bartley Canal and the low storage water in the reservoirs due to the bypassing of offseason flows, FCID will not be able to run the Bartley canal this year. We are still aiming to get the station ready to go so that when we do get some water again, we can utilize it.

The second grant was used to automate FCID’s main Cambridge canal. We have been working with Rubicon to install automated gates equipped with SCADA to monitor and adjust the gates to effectively utilize what little water the state allows us. In the past, reservoir releases would show up in the middle of the night at a diversion, and we would spill for several hours until we got there and manually opened the gates. The automation enables us to gradually start increasing the flow in the canal. We estimate that it will save us roughly 3,000 acre-feet a year, and we sell water at about $50 an acre-foot.

Red Willow Dam.

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Piped Laterals

All of FCID’s canals are an open ditch. Back in the late 1970s and early 1980s, FCID got a $5.5 million loan from the federal government, and we buried all 150 miles of our sublaterals with plastic PVC pipe ranging from 12 to 24 inches. The benefits have been far-reaching, from the significant reduction in canal maintenance to increased water conservation, which has helped the district deliver water in dry times. FCID has even piped some of its main canal. A nice thing about a piped system is that when you shut the valve on the pipe, you do not have water running out the end. It is all pressurized and ready to go. All we have to do is focus on the main canal to make sure we are not spilling more water than we should.

Repairing Red Willow Dam

Back in 2009, Reclamation inspectors discovered a sinkhole on the back side of the dam and cracking in the embankment of Red Willow Dam, which impounds 36,000 acre-feet of irrigation supply and can store an additional 85,000 acre-feet in the flood pool at Hugh Butler Lake. For safety reasons, Reclamation drew down the lake to undertake the repairs, which included constructing a chimney filter, stripping off of earthen material from the back side of the dam, and installing a geofabric blanket. These modifications are complete.

If not for the state’s closing notices in 2013 and again in 2014, Reclamation would be storing water for FCID customers. Unfortunately, we are bypassing water through these federal projects to offset the diversions from the Republican River and its tributaries each year by highcapacity groundwater wells in Nebraska.

Working With, and Adapting to, a Limited Supply

Our biggest challenge is water supply and the state of Nebraska’s chosen method for complying with the Republican River Compact. FCID has had a limited supply to work with over the last decade and has been doing what it can to conserve water and stretch the supply.

There has been a lot of groundwater development in the basin, amounting to more than 200,000 acre-feet of depletions to the stream from groundwater pumping each year. There is not a lot of water left for diversion into the federal projects.

Our farmers will invest in water conservation measures if they know they will have the water to justify that investment. This year, we have only allocated 2.5 inches on the Cambridge Canal and 1.5 inches on the Meeker– Driftwood Canal, and two canals are off. It is not a lot of water. Generally, we would not have tried to deliver such a small amount—the rule of thumb is without 8 inches to deliver over eight weeks, we do not run the system—but

Irrigation Leader

Rubicon flume gate along Cambridge Canal.

state water administration forces us to do so. Our farmers have put a lot of acres into dry land, planting milo, alfalfa, and corn. But, after you have irrigated with an irrigated water supply, and then are forced into dry-land production during a drought, it is very difficult to grow successfully.

Compact Compliance

We floated an idea to the state of Nebraska to help it with Republican River Compact compliance. In wet years, Nebraska sends more water to Kansas than it is obligated to do so. From 2007 to 2011, over 350,000 acre-feet in excess of Nebraska’s obligation was sent to Kansas. FCID has offered its reservoirs for the state to store water in the wet years. The Swanson Pump Back Project could pump 20,000 to 25,000 acre-feet back up into Swanson Reservoir during wet years and save it for use in dry years. Reclamation and the three compact states are studying the proposal to weigh its value as a possible solution.

Brad Edgerton started his career with the Nebraska Department of Water Resources in 1983, becoming field office supervisor in Cambridge in 2000. He has been the district manager of Frenchman–Cambridge Irrigation District since 2009. You can reach Brad at (308) 697-4535.

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Manager’s Profile

Ron Wolf

C

ongress authorized the North Loup Project as a flood control and irrigation project under the Flood Control Act of 1944. Situated within the Loup River basin of central Nebraska, the project comprises the Twin Loups Irrigation District and Twin Loups Reclamation District. The Twin Loups Districts (TLD) utilizes Calamus Reservoir and Davis Creek Reservoir, which have storage capacities of 134,900 acre-feet, to serve 56,000 acres of corn (including for popcorn and seed), soybeans, and alfalfa.

At the helm of this highly productive district is Ron Wolf. Ron knows central Nebraska—he grew up on a farm in Milburn halfway between Brewster and Broken Bow. He has worked in irrigation all his life, starting back in 1957 setting irrigation tubes. Ron took up with Sargent Irrigation District in the 1970s as a ditchrider, eventually working his way to become a district superintendent. During this time, he was mentored by his general manager, Keith Davis, who introduced him to the politics involved in critical water legislation.

In 1986, he moved from Sargent with his family to TLD to take over as general manager, a position he has held ever since. Ron is a past president of the Nebraska Water Resources Association (NWRA); serves as a member of the Nebraska State Irrigation Association; is a past president of the Four States Irrigation Council; has chaired the NWRA legislative committee; and continues to work, both personally and professionally, to promote effective legislation to protect the rights of Nebraska’s irrigators.

He can frequently be seen prowling the halls of the State Capitol Building in his blue jeans, cowboy boots, and westerncut plaid shirts visiting with senators about water issues; attending legislative committee hearings; testifying as a water expert; or debating with lobbyists in his own unique, downhome country style of speaking. In an environment dominated by politicians, attorneys, and three-piece suits, Ron Wolf is the real deal. As Joe Novotny, president of the Twin Loups Irrigation District board of directors, puts it, “His commonsense approach to problem solving, whether local, state, or federal, is respected by all who know him.”

Irrigation Leader’s editor-in-chief, Kris Polly, spoke with Ron about running a large district, his management philosophy, and being a straight shooter.

Kris Polly: What is the most important thing you have learned as a manager?

Ron Wolf: I guess my luck has always been people. I have a super crew. But it really comes back to the board, which sets a direction and guidelines. I really have to give a lot of credit to them. I have two boards—a board of six for the reclamation district and a board of three for the irrigation district. I guess you could say I’ve learned to work with diverse groups of people.

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Ron Wolf on a Twin Loups canal structure.

Kris Polly: What are you most proud of?

Ron Wolf: We have a good relationship with the farmers and the landowners. I’m proud of that. That is what it is all about—to make it work for the farmers.

I’m also proud of my crew. For example, we had some subdrain problems at Virginia Smith Dam. The lowest you could get the water levels was 19.5 feet deep. We worked below water level from November through January to put that back together. We removed concrete—the reinforcement bars were worn through, and all of this was replaced in subzero weather working 19.5 feet below water level. It was a stressful experience for all of us, but the crew got it done working 7 days a week, 24 hours a day.

Kris Polly: During your tenure as manager, what improvements have been made on the district?

Ron Wolf: We have 400 or 500 water observation wells. For most of our lining projects, those wells indicate a seepage problem or something that might damage adjoining lands. We’ve lined several small sections. A lot of our district is in pipe. There’s around 200 miles of pipe.

We put in about 4,800 feet of 30-inch Diamond PVC pipe last fall. That will probably be about our last project— our size and gradient requirements preclude any more.

Kris Polly: Your district has seen a transition from flood to pivot.

Ron Wolf: Yes, we have had a lot of that. About 10 years into starting operations, we had as many pivots as any district in the state. We’ve been surpassed by some of the larger districts now. We’ve probably seen 40 percent of lands previously under gravity go to pivot. I anticipate that the rate conversion will slow down. That is based on a lot of factors—commodity prices, the expense of installation, and the shape and terrain of our growers’ fields.

Kris Polly: What has been the most helpful technological advancement for you as a manager?

Irrigation Leader

on. Our ditchriders actually turn on very few turnouts. They walk the water down the canals. We trust our farmers, and they are just as capable of reading the meters as we are. We have been able to keep our crew small and handle a large area managing it that way.

Once in a while, the numbers will be fudged, but we have a set of policies and protocols to handle those situations. If it really becomes an issue, The TLD crew. Front row, left to right: Jesse Jensen, Jason Jonak, Bernie Glos, Randy I’ll go lock the turnout through the Davis, Todd Stachura, Paul Michalski and Ron Schoonover. Back row, left to right: Ron Wolf end of the season. Then it is turned on (manager), Mike Wells (assistant manager), Nick Dutcher, Brian Gydesen, Greg Zulkoski, and off on the ditchrider’s schedule.

Linda Lassen, Carol Mostek, Harold Bose and Chuck Bruha.

I’ve done that five times in 30 years.

Farmers will police themselves. They understand that if you Ron Wolf: It has been a double-edged sword, but I would do that, you are stealing from the neighbor down the way who say advancements in communications systems—the ability to communicate directly with the farmers, or between the farmers just went dry. Word of a nice shiny lock on a turnout—I’ve sometimes painted them orange—that can be seen from the and the ditchriders, or the ditchriders among themselves. road, doesn’t take long to spread across the valley. I haven’t put We’re strung for about 145 miles, and I only have seven a lock on a turnout in 15 years. Don’t have to any more. ditchriders. They start about 4:30 a.m. and walk water and deliver by noon. That is what it takes to make something like Kris Polly: Describe your overall management philosophy. this work.

On the other hand, sometimes cell phones and the like are Ron Wolf: The first thing is—if it doesn’t feel right, don’t like smoke signals on a windy day. do it. Sometimes it costs you some money, but you have to grit You know on the technical side, I cannot bring myself to your teeth and do the right thing. trust the electronics. And there are times when I feel I am The second thing is to obey most of the laws you agree holding the district back. I am still operating in the 1960s. We with most of the time. need a younger, fresher mind that is not afraid to try some of this new technology, some of which I do not understand.

Kris Polly: What is your advice to other managers with respect to working with a board of directors?

Kris Polly: What has been the toughest part of the job?

Ron Wolf: For me, the crew. We are a small crew—15 people—and you can get pretty close to them. Some of them have been with the district for 30 years. It can be very uncomfortable to set down and roll on someone hard. But there are times you have to. That bothers me more than anything I have to do.

If it wasn’t for the board, the farmers, the crew, the government, and the environmentalists, this would be the best job you could ever have.

Kris Polly: You mention the farmers. What is your advice regarding the relationship between the district and its farmers?

Ron Wolf: I know everyone expects to be treated equally, but sometimes that is impossible due to the particular situation. But if you can’t treat them equally, at least try to be equitable. Try to make the situation understood by all parties concerned.

In this district, a lot of folks were born and raised here and know no other area. The percentage of jerks runs very low.

These guys work with you. That really makes things run.

We’ve got a system here where the farmers call in the amount of water they want and a time that they will turn it Irrigation Leader

Ron Wolf: You are not there to make it easier for someone just because they are on the board. The board is setting policies; the board is giving you guidelines for the rules. Make sure board members are the first ones on the line to follow the policies and rules.

Communication—don’t let board members hear about your screw-ups in the coffee shop. Call them and let them know what is going on. We send a weekly mailing to board members regarding reservoir levels, accomplishments that week, mistakes; we often include informative articles or publications (Irrigation Leader, for example).

You have to get them involved. Get them outside of their own little area. In ag, we tend to be parochial. Pretty quick, what you know is what you see off of your front porch. There are things out there coming your way that the board needs to be aware of and to plan for ahead of time.

Lastly, it is important for a board to get its information from more than just the manager. I often warn my board that information I present to them has been filtered through my mind. I encourage them to look into matters on their own because the one thing that I thought wasn’t important at all might have been the one thing to change a board member’s mind.

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Water Law

Permitting Stock Ponds on Intermittent Streams: The Real Life Impacts of CWA Expansion

By Steve Smith

A

mid the efforts of the Army Corps of Engineers and the U.S. Environmental Protection Agency (EPA) to expand the jurisdiction of the Clean Water Act (CWA), the impacts of the potential rule changes on farmers and ranchers are seemingly lost. Long-standing and valuable agricultural practices—once well beyond the purview of various federal agencies—are now falling under permitting consideration. One such case is here in western Nebraska, where the Corps has interpreted the construction of overflow culverts and two stock ponds near a normally dry water course to be a dredge and fill of a “navigable water.” In many ways, this is a textbook case for how the new rule may be implemented across the West.

Good-Faith Efforts

Back in 2012, Bryan Palm, a farmer out of Sioux County in far western Nebraska, constructed some overflow culverts and two stock ponds along Dry Spotted Tail Creek, a dry draw that traverses the Palm property. Mr. Palm did his due diligence. He consulted the local Natural Resources Conservation Service (NRCS) office, which advised him, based on NRCS soil maps, that the structures could be lawfully placed without permitting. NRCS even surveyed and sited in the proper elevations for the overflow culverts. He visited the Corps’ website, answering a questionnaire to determine whether the project would require Corps involvement or permitting—the results of which indicated that there were no permitting requirements.

Further, Mr. Palm consulted with Nebraska Department of Natural Resources (NDNR), which conducted a site visit and found no NDNR violations or permitting requirements.

It was only after complaints from unidentified neighbors to the local Corps office that the Corps became involved. On March 26, 2012, the Corps visited the property of Mr. Bryan Palm in Sioux County, Nebraska. Based on that visit, the Corps alleges that Mr. Palm made an unauthorized discharge into a water body covered under the CWA. The Corps alleges that the construction of two stock ponds and overflow culverts constitutes the excavation and placement of soil in a creek and an adjacent wetland in violation of sections 301(a), 309, and 404 of the CWA. After that sole visit by the Corps to the Palm property, on June 11, 2012, Mr. Palm reported that neither of the overflow culverts on the lower and upper structures experienced flows, nor did Dry Spotted Tail Creek.

Section 404

Section 404 of the Clean Water Act (CWA), which is enforced by the Corps, regulates the dredging and filling of navigable waters of the United States. 33 U.S.C. §§1311(a), 1342(a). There are exceptions for common agricultural and silvicultural practices, and there are limits to those exceptions, including for activities that involve the following: Any discharge of dredged or fill material into the navigable waters incidental to any activity having as its purpose bringing an area of the navigable waters into a use to which it was not previously subject, where the flow or circulation of navigable waters may be impaired or the reach of such waters be reduced, shall be required to have a permit under this section.

The key to the case at hand, and to countless farming activities throughout the country, is the Corps’ expansive view of “navigable waters.” The Corps includes ephemeral streams’ drainage ditches to be “tributaries” of traditional navigable waters.

Stock pond.

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Rapanos

In Rapanos v. United States, 547 U.S. 715 (2006), the United States Supreme Court weighed in on whether CWA jurisdiction applies to wetlands adjacent to nonnavigable tributaries of traditional navigable waters. In a 4-1-4 plurality decision, the majority held that the Corps erred in asserting jurisdiction but differed on the correct test. Justice Scalia’s plurality opinion asserts that CWA jurisdiction applies only to those relatively permanent, standing, or continuously flowing bodies of water, such as oceans, rivers, and lakes, having a continuous surface connection to bodies that are waters of the United States in their own right. However, Justice Kennedy’s concurring opinion concludes that a continuous surface connection is not necessary for jurisdiction; he concluded that a wetland need merely possess “a significant nexus” to a water of the United States—meaning that the wetland, either alone or in combination with similarly situated lands in the region, significantly affects the chemical, physical, and biological integrity of a navigable water.

The plurality opinion noted that waters of the United States do not include channels through which water flows intermittently or ephemerally or channels that periodically provide drainage for rainfall. In fact, to qualify as a water of the United States, any wetland would have to have a continuous surface connection to any body that is a water of the United States. The concurring opinion allows for CWA jurisdiction on water bodies without a surface water connection, but only if there is a significant nexus.

However, any speculative or insubstantial effect on water quality does not satisfy the significant nexus test.

Ultimately, the Rapanos decision failed to provide certainty as to what constituted a navigable water for the purposes of the CWA jurisdiction. Appellate courts have split as to how to account for the two opinions. In United States v. Bailey, 571 F.3d 791 (8th Cir. 2009), the Eighth Circuit, which covers Nebraska, held that CWA jurisdiction may be established under either Rapanos test.

Historically Dry & Legally Nonnavigable

Historical surveys confirm that Dry Spotted Tail is a dry creek. See, e.g., Edward Bradley, 1956, Reconnaissance of the Geology and Ground-Water Resources of Southern Sioux County Nebraska, U.S. Department of the Interior, Geological Survey, Hydrologic Investigations Atlas, HA 6. (The canyons of Dry Sheep and Dry Spottedtail Creeks and several unnamed creeks in the southern part of the area are dry except during floods.) After the construction of the Interstate Canal in 1908, the area beneath the canal became at most an intermittent stream. During most years, there are no flows in the Dry Spotted Tail except during the five-month irrigation season (May through September), which arise from a combination of irrigation runoff, seepage from the Interstate Canal, and relatively rare precipitation events in this area. In some years, even these flows rarely appear.

Irrigation Leader

There is certainly no “continuous” flow to the North Platte River, which lies approximately 8 miles as the crow flies south of the Palm property.

The North Platte River in this area has been adjudicated to be a nonnavigable stream on several occasions by the Nebraska Supreme Court. See, e.g., Summerville v. Scotts Bluff County, 181 Neb. 311 (1967) (It is undisputed that the North Platte River is a non[-]navigable stream. . . .). The North Platte River joins with the South Platte River to form the Platte River, which also has been adjudicated to be nonnavigable. See, e.g., Mingus v. Bell et al., 148 Neb. 735, 29 N.W.2d 332 (1947). Ultimately, the Platte River empties into the Missouri River—well over 500 downstream river miles from the Palm property.

A quick survey of the North Platte Valley Watershed in this area shows hundreds of similar structures across draws, intermittent streams, and even permanent streams. None have required a permit. The number of these unpermitted structures on the high plains would likely be staggering.

Adjectives used in both the plurality and Kennedy opinions in Rapanos to find CWA jurisdiction, such as “continuous,” “permanent,” and “significant,” do not apply here; the adjectives “speculative,” “insubstantial,” and “intermittent” to prohibit jurisdiction clearly do apply.

Permitting to What End?

As a result of the construction of the stock ponds, there has been no reduction in water quality or water flow downstream of the structures. The material used to construct the crossings was extracted and relocated a short distance from the Dry Spotted Tail depression. There was no fill material brought in from offsite to potentially affect water quality. In addition, the structures release as much water into the Dry Spotted Tail Creek drainage as would have been released without the structures. Any difference is nonexistent or negligible.

Due to a very expansive reading of what constitutes navigable waters, Mr. Palm has been subjected to needless stress and expense. His good-faith efforts to ensure that he complied with all pertinent regulations were thrown aside by the Corps and rewarded with the threat of significant financial penalties. Let this sound as a warning to farmers and ranchers. Without a concerted effort to federally legislate what constitutes a navigable water of the United States, good folks like Mr. Palm will be subject to the uncertainties and expenses of arbitrary and unchecked regulation.

Steve Smith is an attorney based in Scottsbluff, Nebraska, representing numerous irrigation districts, surface water and groundwater entities, and water users in the Nebraska panhandle. You can reach Steve at (308) 635‑3161.

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The Innovators

RhinoGator: A Tough Hide for Pivot Wheels

By Loren Block

T

he RhinoGator plastic pivot wheel was designed specifically as The No-Flat Pivot Tire.TM Dawson Tire & Wheel saw a need in the market for a viable, long-lasting replacement for rubber tires. We had seen the quality of rubber pivot tires decrease as more and more imports have come in from China. In addition, we have seen less carbon black being used in tire fabrication.

We wanted the RhinoGator to be easy to manufacture and reliable to use. Pivot tires live a rough life—there is a lot of weight coming down on them, stress in their use, and ultraviolet rays disintegrating their integrity. So, we made them about a half-inch thick and hollow inside; they are under warranty for five years. You just don’t see those things offered in industry-standard rubber tires.

There is a large market that cannot afford a pivot that is down, especially producers who grow a high-value crop.

There is whole cost analysis of the plastic pivot tire where you might be spending a little more up front, but you take the cost of a flat tire, the cost of a pivot being down while its 100 degrees, the cost of destroying 200 feet of corn to get to your pivot, and the cost of changing a flat, and the initial investment pays off quickly. On average, a RhinoGator will cost around 50 percent more than a four-ply rubber tire.

RhinoGator has been on the market for three seasons now. With our accelerated UV and in-field testing, we feel that they will last two to three times longer than rubber pivot tires.

Manufacturing

34

We have a manufacturing facility in the United States with expansion plans in South America and Australia. The RhinoGator requires a mold with two halves; one half is filled with the virgin powder plastic, which includes renewable plastic made from corn and a formula for long-lasting UV protection, and the other half is bolted on the top. Then it goes in the oven and is rotated. When it comes out, it cools in the right form for a certain amount of cure time.

The RhinoGator tread design is computer engineered for ground-gripping traction on wet soils—even up inclines. The RhinoGator’s center rib adds strength, while deep tread reduces hill slippage and allows for better self-cleaning. A large antislip plate ensures that RhinoGator stays firmly on the rim. The bolt holes are molded into the tire, not hand drilled. Precut bolts are included, eliminating the safety concerns and labor of hand shearing bolts to length.

RhinoGator's unique green color is visible from great distances.

In the Field

You can buy the RhinoGator on your own through a local dealer and mount it yourself, or we will mount it for you on a rim of your selection. RhinoGator is currently available in three standard sizes: 11.2 x 38, 11.2 x 24, and 14.9 x 24. It mounts on a standard irrigation rim. If you want to retrofit in the field, you can. If you have an old rubber tire that has gone flat, you can cut it off and put on the RhinoGator with a standard set of tools. You can unbolt it as well.

Feedback

The reaction from the market has been great. We’ve had a lot of positive feedback, especially from the High Plains and the Northwest. Right now, we are even selling to Argentina, Canada, and Australia.

Loren Block is the marketing manager for Dawson Tire & Wheel of Gothenburg, Nebraska.

RhinoGator is available from Dawson Tire & Wheel and a network of dealers across North America. For more information on the RhinoGator plastic pivot tire, visit http://www.rhinogator.com or call toll free (866) 977-4466.

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The Innovators

Measuring Success With McCrometer

36

F

low meters have served as an essential tool in water management. However, they are only as valuable as they are accurate. McCrometer has been in the flow meter business for nearly 60 years, bringing a great deal of expertise to the design and manufacture of water measurement tools for irrigators.

The Business

Kerry McCall has served as McCrometer’s president since 1987. Prior to that, his father had been president since 1955. As Kerry puts it, “It would lead one to believe that we were a family company, but that is not actually the case.” In 1978, McCrometer was sold to Ametek and is now a Danaher operating company. “That being said, we are very much an independent business; it is just that we have financial and management systems commitments to a parent corporation.”

McCrometer’s roots are in agriculture irrigation, and it is still the company’s major area of business. The company has expanded from mechanical flow to different flow measurement technologies; it has integrated them with other sensors and systems to better equip farmers to manage costs and maximize yields.

McCrometer has also diversified into municipal water and the oil and gas industry. Its measurement products are now sold throughout the world across a variety of industries.

The Mc® Mag 3000TM is McCrometer’s newest product for the agricultural market. Instead of using a core propeller or turbine-type product, the batterypowered meter uses an electromagnetic principle with a saddle-mount design for an installation similar to the McCrometer Propeller, saddle-mount flow meter.

The Mc® Mag 3000TM employs a multipoint angled sensor that sheds debris for use in surface water, dairy lagoons, and other dirty water applications.

In addition to selling tools to accurately measure water, McCrometer enables water users to remotely read and track their flow measurement data. The McCrometer CONNECT wireless system links flow meter data with a district’s or grower’s computer, providing remote monitoring for convenient irrigation management. Kerry McCall highlighted the need for instantaneous, accurate data. “In any place there is water stress, you need to know how much water you are using to make sound management decisions. By

8" Mc Propeller bolt-on saddle flow meter.

not measuring it, you are taking a big risk of defaulting into an overwatering situation.”

The Legacy of a Lasting Idea

Floyd McCall, Kerry’s dad, was a lifelong inventor.

He grew up on a farm in Riverside County in southern California where, along with his brother Lloyd, he built and repaired a lot of farm equipment. During World War II, he served in the Marine Corps in the Pacific theater.

After returning stateside, he farmed and designed farm equipment. Some of those patents were sold to farm equipment manufacturers.

The McCall brothers’ innovative reputation preceded them. So when Metropolitan Water District needed water meters that could handle brackish water back in the 1950s, its lead engineer reached out to them. The district asked them to build 30 meters that could withstand the poor water quality. The ingenious design—with the meter body separated from the water—worked and became the prototype for future McCrometer flow meters, propelling Irrigation Leader

Floyd and his brother into the world of water measurement technologies. Kerry McCall notes, “We now sell double that number of meters a day.”

Partnering With Nebraska

McCrometer has, and continues to have, a long-standing relationship with the state of Nebraska. McCrometer first added a facility in Aurora, Nebraska, back in the late 1970s to serve customers on the Great Plains. The company continues to maintain a primary calibration facility in Aurora.

It has also had a long relationship with the University of Nebraska, which has been instrumental in testing out McCrometer tools and validating their accuracy.

Mandatory metering programs implemented by the state's Natural Resources Districts have driven the demand for accurate and reliable flow meters throughout the state. McCrometer has been able to help districts through its local dealer network.

The Natural Resources Districts can use the meter as an irrigation management tool, and farmers can use the meter as a diagnostic tool for the entire irrigation system.

One such example is in the Lower Republican Natural Resources District (LRNRD), which implemented an irrigation-metering program back in 2000 to help comply with the Republican

River Compact. In 2013, LRNRD growers were subject to a state audit of water usage for compact compliance and were suffering through a drought. LRNRD reached out to McCrometer to provide solutions to ensure the district was able to comply with compact requirements. LRNRD farmers ended up installing Mc Propeller Flow Meters, which do not require external power, batteries, wiring, or switches, to accurately measure water use throughout the district.

For more information about McCrometer’s products, visit http://www.mccrometer.com. For more about McCrometer in Nebraska, contact Ken Quandt at (402) 694 6443.

McCrometer's Hemet, California, plant circa 1969.

Circa 2014.

Irrigation Leader

37

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2014 Western Water Seminar July 28–30, 2014 Little America Hotel ~ Flagstaff, Arizona Name________________________________________________________ Title_________________________________ Name for Badge___________________________________________ Affiliation_________________________________ Spouse/Guest Name (only if registered)_________________________________________________________________ Street Address______________________________________________________________________________________ City____________________________________________ State__________________ Zip Code____________________ E-mail________________________________________ Phone Number________________________________________ Please select the type of registration ❏ $550 - Member Registration (All meal functions/reception included) ❏ $600- NonMember Registration (All meal functions/reception included) ❏ $165 - Life Member Registration (All meal functions/reception included) ❏ $90 - Spouse/Guest Registration (Reception and BBQ included) Please select any additional events ❏ $30 - Additional Reception Ticket - July 28 ❏ $25 - Additional Breakfast Ticket - July 29 ❏ $25 - Additional Lunch Ticket - July 29 ❏ $60 - Additional BBQ Ticket - July 29 ❏ Free - Children's BBQ Ticket - July 29 #_________ (for children under 12) ❏ $25 - Additional Breakfast Ticket - July 30 Please select this box to participate in the NWRA Memorial Golf Tournament ❏ $125 - NWRA Memorial Golf Tournament - Includes one mulligan - July 28 All proceeds go toward the NWRA Internship Program. If you would like to purchase a different golf package, please see separate golf registration form. You may also purchase an additional mulligan prior to event using a separate golf registration form.

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Mail completed form to: NWRA, 4 E Street SE, Washington, DC 20003 or FAX to: (202) 698-0694 Questions: nwra@nwra.org or (202) 698-0693 Irrigation Leader

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