Upper Republican NRD Frequently Asked Questions
What about the arbitration? Is there any current news?
The Arbitrator released his report on June 30, 2009; the states then had 30 days to accept or reject his decisions. The Republican River Compact Administration met on August 12, 2009. The three States continue to disagree on proper accounting, neither Kansas nor Nebraska accepted the Arbitrator’s ruling in whole. Thus, it remains to be seen if either State will pursue litigation on the unresolved issues at this time.
When will the property tax money be refunded to the tax payers?
The NRD is currently asking the court if it has the authority to refund the unconstitutional property taxes. Only one section of the law was deemed unconstitutional: the section authorizing the collection of the special property tax. The section restricting what those funds can be used for is still valid, and does not allow for paying those funds back to the tax payers. Statute limits the refund to those individuals who filed a valid protest at the time the property taxes were paid. Thus, the fair solution of everyone getting their money back seems to be illegal, which is why the NRD is asking the court to give guidance in this unique circumstance. While this seems ironic, the situation is relatively unique, in most circumstances the tax monies would have already been expended prior to a law being ruled unconstitutional in the courts. Thus, the legislature had never contemplated dealing with this exception and chose not to this past legislative session. In spite of the hard work by the Senators representing the basin, the legislature decided not to address the issue and left us with no alternative other than asking the court for authority to resolve the issue.
Has the lawsuit on the occupation tax been ruled on yet?
No, the courts have not ruled on the occupation tax case yet, so the section of law authorizing the occupation tax is still valid.
Where are the tax monies that are being challenged in court?
The NRD is holding these funds in escrow until the legal matters are settled. The occupation and property taxes collected were not used to build the new NRD building. By law, those funds are only able to be used for the specific purpose of river flow enhancement to manage the water resources for Compact compliance; with the purpose of protecting the local economy, such as by entering into surface water leases or river flow augmentation. Unfortunately, these legal matters, coupled with the lack of alternative State funding, have delayed these activities that can help protect our local economy from otherwise unnecessary and relatively inefficient regulations.
I need my water tested. How much does it cost?
There is no charge to individuals for the standard water sample analysis. The NRD currently has water sampling test kits available; water samples are sent to Olsen’s Ag Laboratory in McCook for analysis.
Where can I get a copy of the current URNRD Rules and Regulations?
You can call or stop by the NRD office to pick up a copy of the Rules or Regulations. You can also access the Rules and Regulations on our website:
Rules & Regulations Integrated Management Plan
Do I need to have my well checked for a chemigation inspection?
If you are applying anything besides water through your irrigation system, you must have a valid chemigation inspection done on every irrigation system every summer.
Do I need to have someone from my farm go with the NRD personnel during the chemigation inspection?
Yes, a representative from your farm must accompany NRD personnel during chemigation
inspections. NRD personnel are not allowed to start your irrigation wells or systems.
Do I need a chemigation license?
The individual applying chemicals or fertilizer through the irrigation system must have a license.
What type of cost share programs does the NRD offer?
• The NRD works with the Nebraska Dept. of Natural Resources and the Nebraska Soil and Water Conservation Program (NSWCP). The Upper Republican NRD offers cost share for the following conservation practices: Terraces; Range Seeding and Diversions; Windbreak Planting and Windbreak Renovation; Range Management Practices; and Irrigation Management. Contact your local NRCS office to see if the practice in which you are interested is eligible for cost share.
• The NRD has a decommissioning program in place for abandoned water wells.
• The NRD works with the Nebraska Game and Parks Commission for different wildlife habitat programs. In the past several years, there have not been many projects completed due to the lack of funding.
• The NRD works with Nebraska Pheasants Forever with the Corners for Wildlife Program as well as other private landowners on habitat improvement and enhancement.
Who regulates groundwater and surface water?
The NRDs manage groundwater and the Department of Natural Resources (DNR) regulates surface water. The two agencies are working together to develop regulations that work together to
maintain compliance with the Republican River Compact.
What is the annual irrigation allocation and how many years is it for?
The annual allocation is 13 inches per year for 5 years. 2009 is the second year of the allocation period that began in 2008 and ends in 2012.
Why did the NRD build a new building?
The old NRD building was in need of costly repairs and an expansion; the board decided it was a better investment to construct a new building, rather than utilizing tax payer dollars for continuing renovations on the aging building. The former NRD office was auctioned; the sale of this real estate aided in offsetting the cost of the building project.