Envirothon Training

1. Envirothon Training Policy Dan Smith Manager Middle Republican NRD

2. What is Policy? • Policy is simply a law or procedures which follows a goal set forth by a governing body • In Nebraska, natural resources and land use policies are created to protect our valuable natural resources. Such policies help ensure that the benefits of those resources will be available for future generations. • Policy and land use issues are difficult to research because natural resources issues and related legal framework change from year to year. Keeping up with these changes can be challenging, even for conservation professionals.

3. Different Agencies Play Different Roles in Natural Resources Policy • The roles of the local, state, and federal governments differ in regard to natural resources  • Local agencies: Counties, NRDs, Surface Water Irrigation Districts, Communities, Zoning Authorities, Public Power Districts

4. State Agencies • Dept. of Natural Resources (DNR) Surface Water Administration • NE Game & Parks Commission • NE Dept. of Agriculture • Health Human Services • Dept. of Environmental Quality • Environmental Trust

5. Federal Agencies • USDA - NRCS, FSA, • USGS • US Army Corps of Engineers • Bureau of Reclamation • EPA • Fish and Wildlife Service

6. Water Policy • Water is one of Nebraska's most valued and precious natural resources, and its protection and conservation are vital if the resource is to remain an asset. • Water issues may be related to surface water, ground water or to both. • Water issues may be Quantity issues, Quality issues or Integrated Water Management

7. Understanding Water Rights • There are two sources from which people in Nebraska can access water • Surface water • Ground water • Both ground water and surface water are owned by the state. Users are allowed to put the water to a reasonable and beneficial use • Preference of use for both is domestic, agricultural and industrial

8. Water Rights • Ground Water – Correlative Right • Overlying landowner can put to reasonable and beneficial use. • Share and share alike in times of shortage • Generally no permit required • Surface Water – Appropriative Right • First in time, first in right • Apply to DNR for a permit • Can be denied use in times of shortage

9. Surface Water Rights Natural Flow Water Right: • Oldest rights in NE date to the 1860s. Originally operated by Riparian doctrine, which meant that if you lived along a river/stream, you could capture as much water as you wanted as long as you didn’t take away from someone else. This worked well for the eastern half of the state, but didn’t work too well in the dryer, more arid western part of the state. • In 1895, switched to an Appropriation system “first in time, first in right” • issued by DNR in instances where there is a direct appropriation of water from a stream. Most streams in the western half of NE are appropriated to the point that DNR must “administer” water rights almost every year. To administer a water right means to shut off water users with junior natural flow rights as stream flows decrease so that flows may continue for those with more senior rights.

10. Storage Rights • Obtained from DNR • Gives authority to build a storage reservoir • Administered in the same manner as other rights – first in time, first in right (if more than one storage reservoir is located on the same stream, the reservoir with the senior storage right is allowed to fill first) • For example, the BOR might build a dam. They will obtain a storage right from DNR. They may then lease that storage right to a local SW irrigation district.

11. Storage Use Right • Storage Use Right • Required to use water in storage • Most often obtained for irrigation purposed, but may also be issued for municipal use, hydropower generation, fish hatcheries, or almost any other purpose deemed beneficial

12. Instream Flow Right • NRDs and NE G&PC are eligible to hold rights • Purpose is generally for environmental issues • Threatened and endangered species • To protect other uses

13. Ground Water Rights • Originally paralleled riparian doctrine in that you had the right to capture the water under your land. • Administered by individual Natural Resources Districts, not by DNR • Correlative rights - not first in time, first in right • Preference of use for conflicts but in general all users share in times of shortage. • Recently have undergone changes

14. Conjunctive Use • Though the various agencies have different authorities according to surface and ground water, their policies affect one another because of “conjunctive use”. This means that groundwater and surface water are hydrologically connected. • First recognized in statute in 1996 • This concept expanded in LB 962 / Integrated Management

15. Integrated Management • Proactive Approach • DNR designates basins as fully or over appropriated. • NRDs and DNR jointly develop plan • NRDs – ground water • DNR – surface water • Basically no new uses

16. Dams provide: • Hydroelectric power • Water supply storage for agriculture, industry & human uses. • Habitat for fish & wildlife. • Flood control • Water recreation such as water skiing, boating, fishing & swimming.

17. Flood Control • While it is hard to imagine flooding in this time of drought, flood control is also another important natural resources issue that requires certain policy. • The building of dams began in the 1930s as a way to control flooding, by organization such as the Army Corps of Engineers and the Bureau of Reclamation. From Kingsley Dam and lake McConaughy in 1941 to Calamus Dam in 1986 all Lakes built for irrigation have flood control benefits.

18. Flood Control • The Bureau of Reclamation is the second largest supplier of wholesale water and hydroelectric power in the American West. Promotes water conservation, recycling, and reuse. • The Army Corps of Engineers’ mission is to provide quality, responsive engineering services to the nation including the Planning, designing, building and operating water resources and other civil works projects. Most of the damns built by the COE are built in the Eastern US.

19. Agency Relationships - Quantity • Too little or too much • Ground Water or Surface Water • Flood control dams – COE, BOR, NRDs • Irrigation Districts, Reclamation Districts • Ground Water Management Areas - NRDs • Wetlands management - drain or maintain • NE G&PC, F&WS, NRDs

20. Groundwater Contamination • The earth has been recycling its water for about 3 billion years. Once our ground water is polluted, it can stay that way for several hundred to several thousand years before it is cleansed by natural recycling. • Common types of Groundwater Contamination • Policies are created to protect groundwater

21. Surface Water Quality • Generally surface water problems are from runoff. Can effect lakes or streams • Agricultural chemicals are most frequently the problem. Nitrogen, Atrazine and Phosphorus are common. • Urban runoff also contributes • Oil and other petroleum products from spills and leaks • Industrial contaminants

22. Nebraska Chemigation Act • Protects irrigation water source from contamination by fertilizer or pesticides • NRDs are responsible for inspecting and permitting the specific safety equipment that must be installed on the irrigation system • Permitting began in 1987 • To receive certification, applicators (irrigators) must complete training and testing, which is provided by the University of Nebraska Cooperative Extension system

23. Agency Relationships-Quality • Federal: EPA registers pesticide – FIFRA • State: DEQ directed by Federal program to administer. State charges a fee to register pesticide in the state • Local: NRD uses fees from the state to administer local programs. Chemigation, well head protection and other quality programs.

24. Safe Drinking Water Act • The Safe Drinking Water Act (SDWA), was passed on December 16, 1974, is the main federal law that ensures the quality of Americans' drinking water.  • Requires many actions to protect drinking water and its sources: rivers, lakes, reservoirs, springs, and ground water wells • Authorizes US EPA to set national health-based standards for drinking water to protect against both naturally-occurring and man-made contaminants that may be found in drinking water. US EPA, states, and water systems then work together to make sure that these standards are met.

25. Local Water Quality Concerns • McCook • Needed to make improvements to its drinking water system to ensure EPA compliance with maximum contaminant limits for nitrates, uranium and arsenic • Excessive levels of nitrates in drinking water can interfere with infants’ ability to absorb oxygen into the bloodstream, thereby heightening the risk of methemoglobinemia, a rare but sometimes fatal condition also known as blue baby syndrome • Excessive uranium in drinking water can result in toxic effects to the kidneys, and with long exposure, may increase cancer risk. • Studies have linked long-term exposure to arsenic in drinking water to cancer of the bladder, lungs, skin, kidney, nasal passages, liver, and prostate. Non-cancer effects of ingesting arsenic include cardiovascular, pulmonary, immunological, neurological, and endocrine (e.g., diabetes) effects

26. Questions? • Dan SmithPO Box 81220 Center AveCurtis, NE 69025dsmith@mrnrd.org(308) 367-4281www.mrnrd.org