Pumpkin Creek

NWU Radio Script

6-25-01

A disappearing creek has become the focus of an effort to protect surface water from groundwater wells.

Pumpkin Creek, which is managed by the North Platte Natural Resources District, starts just east of the Wyoming border in Banner County and enters the North Platte River just east of Bridgeport.

According to an Associated Press story written earlier this month, water flows have nearly ceased along the creek, and the resources district has imposed strict rules for groundwater and surface-water use.

For example, a moratorium has been placed on permits for new wells within 15 miles of the creek, and limits have been set on future use of each groundwater well.

Now, the Central Nebraska Public Power and Irrigation District, headquartered at Holdrege, is looking at measures it can take to protect its surface-water rights from groundwater development.

Some surface-water rights on Pumpkin Creek date back to the 1880s, according to state records. But those rights are worth little because pumping by groundwater wells in the watershed makes the stream go dry in the summer.

Surface water rights are protected under the State Constitution and a number of groups are beginning to push for compensations if those rights are taken.

Central's interests go beyond the estimated $160,000 in damages because of water flows lost to the North Platte River, said district spokesman Tim Anderson. Pumpkin Creek is a reminder of the power district's responsibility to protect its customers' water rights, he said.

Noting the state has ignored the issue for a long time, Anderson expressed concern about the number of people who could be dipping from their bucket.

In Nebraska, surface-water rights have a "first in time, first in right" legal standing. There is no such standard for ground water, although the State Department of Natural Resources does issue well permits.

The power district's study will look at whether the natural resources department might do more to regulate groundwater pumping to protect surface-water rights.

The power district also wants to consider lawsuits against the state or individual ground water users who cut into surface-water supplies.

The district also wants to study the possibility of legislation that would restrict pumping where there is a direct hydrological relationship between groundwater and surface water, Anderson said.

That might mean basing water rights on well-installation dates. About 95 percent of surface-water rights in Nebraska would predate any groundwater wells, he said.

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