Bills Threaten Niobrara River Take Action Now!
Help us defeat two bills introduced in the Nebraska Legislature that threaten the future of the scenic Niobrara River. LB 438, by Senator Deb Fischer of Valentine, would prohibit the use of in-stream flow water rights to protect wildlife and recreation flows in the Niobrara River. The bill would ban the approval of in-stream flow water rights in any river considered "fully appropriated" or "over-appropriated" , which includes about two-thirds of the state's rivers.
Under Nebraska law, the Department of Natural Resources and Natural Resource Districts must develop watershed management plans to better manage wells and stream flows, but to allow future water uses where compatible. Sadly, LB 438 would deny the use of an in-stream flow water right to protect flows needed for recreation, fish or wildlife, even where compatible with current uses and in the public interest.

Ironically, the bill could force the federal government to press its claim for water rights in the Niobrara River -- water rights that could ultimately affect even current water users.

The bill would also threaten the Platte River Recovery Program, by eliminating a key way to protect water acquired by the Program to restore Platte River flows. If water conserved or leased upstream to improve Platte River flows cannot be legally protected from other users, it may never reach the critical habitat areas in the Central Platte.

The Natural Resources Committee heard testimony on LB 438 in February, 2009, but the bill remains in committee.

Please write or call the members of the Natural Resources Committee, and ask them to vote to kill LB 438.

LB 666, by Senator Chris Langemeier of Schuyler, would strip the Niobrara Council of much of its authority to help manage the Scenic River, leaving it as just an advisory committee. Over the years, the Niobrara Council has helped keep developers from building trophy homes next to the scenic river, has provided restrooms along the river, and is using conservation easements to protect land from development.

The bill could destroy the carefully crafted Niobrara River Management Plan, which took years -- and several lawsuits -- to put in place. The Plan was premised on having a strong Niobrara Council with authority to help manage the river's resources. Ironically, enactment of the bill could put the National Park Service back in the business of regulating local land use, which the Management Plan was designed to avoid.

The Natural Resources Committee heard testimony on LB 666 in February, 2009, but the bill remains in committee.

Please write or call the members of the Natural Resources Committee, and ask them to vote to kill LB 666. Click for a printable list of Committee members.