Twin Platte NRD Ground Water Management Plan Page - 1 Chapter 8 CHAPTER 8. GROUND WATER QUANTITYTwin Platte NRD Ground Water Management Plan Page - 2 Chapter 8 TABLE OF CONTENTS

Page 8.1 Historical Review Regardin g the Nebraska Ground Water Management and Protection Act (GWMPA) ............................... 3

8.2 Methods of Formation of Ground Water Protection ................... 4

8.3 Districtwide Ground Water Management Area .................... 5

8.4 Ground Water Quantity Management Program ......................... 5

8.5 Other Actions to be Considered for Implementation to Protect Water Quantity .............................................................. 9

8.6 Implementation Time Frame for Establishing a Management Area

........................................................................ 9

8.7 Identifying and Establishing Boundaries ...................................... 10

8.8 Enhance District's Gro und Water Monitoring System ................. 10Twin Platte NRD Ground Water Management Plan Page - 3 Chapter 8 CHAPTER 8 GROUND WATER QUANTITY

8.1 Historical Review Regarding the Ne braska Ground Water Management and Protection Act (GWMPA)

Since its original enactment in 1975, the Gr ound Water Management and Protection Act,

has been modified several times. The Nebr aska State Legislat ure adopted the Ground Water Management Act (GWMA) in 1975, in response to growing concern over ground water depletion occurring in the state through the mining of aquifers. This Act provided a method to control and regulate ground water depletion (quantity), but did not address ground water quality issues.

The Nebraska Legislature revised the GW MA to incorporate ground water quality

concerns in 1982. The title of the Act was changed to the Ground Water Management and Protection Act (GWMPA). The 1982 GWMPA di d not provide specif ic authority to prevent ground water quality degradation. Ho wever, it did establish a basis that would ultimately authorize the NRDs to administer non-point source contamination regulations through the implementation of Ground Water Quality Management Areas (GWQMA). Legislation enacted in 1986 pr ovided the NRDs with the aut hority to choose to establish ground water management areas after pr eparation of a District Ground Water Management Plan.

Legislative Bill 1106, enacted in 1984, mandate d that each of the 23 NRDs develop a ground water management plan to inventory the ground water resources within each

District, but contamination concerns were not a required component of the plan. Revisions included in the 1986 update of the Ac t further defined the role of the Natural Resources Districts and the means by which they could address non-point source ground

water contamination.

The concept of Special Protec tion Area (SPA) was first introduc ed in the Legislature in 1983 in LB 426, which did not pass. A sim ilar bill, LB 463, was introduced in 1985, which did not pass either. A compromise bill, LB 894, was adopted in 1986. LB 894 allowed the Nebraska Department of Envi ronmental Quality (NDEQ) to administer regulations for ground water non-point source contam ination. In additio n, this legislation gave NDEQ the ability to engage in a non-point source contam ination issue at the request of other entities than just NRDs.

Several pieces of legislation passed in the Nebraska Unicam eral have affected the SPA program since its inception in 1986. LB 51, enact ed in 1991, imposed th at prior to July 1, 1993, each NRD shall amend its ground water management plan to identify to the extent possible: 1) levels a nd sources of ground water contam ination within the area, 2) ground water quality goals, 3) long term solutions necessary to prevent the levels of ground water contaminants from becoming too high and to reduce high levels sufficiently to eliminate health hazards, and 4) prac tices recommended to stabilize, reduce, and prevent the occurrence, increase, or spread of ground water contamination.Twin Platte NRD Ground Water Management Plan Page - 4 Chapter 8 LB 51 also gave the Director of Environmen tal Quality the authority to require an NRD which has established a Ground Water Quality Management Area to adopt an "action plan" for designated SPAs.

LB 21 was passed in the 1992 Nebraska Legisl ative Session and became effective July 15, 1993. The primary purpose of LB 21 was to allow a Natural Resources District with a Special Protection Area to increase its gene ral tax levy by up to one-half cent per $100 valuation. In such NRDs, the maximum levy will be five cents per $100 valuation.

The 1993 legislative session resulted in the pa ssage of LB 439 which allows reduction of irrigated acres in Water Management Areas. This bill was requested by the Central Platte NRD and authorizes NRDs with GWQMAs to adopt the type of acreage reduction program (equal percentage of acres reduced for all ground water irri gators) which Central Platte NRD uses for ground water quantity ma nagement. This bill also modified the definition of rotation to allow its use on a year ly basis. Previously, rotation could not be based on time periods longer than a month.

In 2004, the Nebraska Legislature passed LB 962, which went into effect July 15, 2004. This bill required the Department of Natu ral Resources to identify geographic areas where surface water and ground water are hyd rologically connected and to designate river basin(s) that are fully appropriated and over appropria ted. Once a basin has been designated fully appropriated, the NRD must wo rk in conjunction with DNR to develop an Integrated Management Plan. The develo pment of the IMP may take three to five

years.

8.2 Methods of Formation for Ground Water Protection

NRDs have the authority to establish Gr ound Water Management Areas, to address ground water quantity concerns. Prior to designating a mana gement area, an NRD must have prepared a ground water management plan that includes a ground water reservoir life goal and which specifies how proposed controls will impact this goal.

Actions that may be used in a Ground Wa ter Management Area include: 1) Permits required to construct water wells, 2) Adopti on of authorized controls that have been identified in the NRDs Ground Water Manageme nt Plan, 3) determination of the total amount of ground water to be withdrawn , and 4) After a public h earing, an NRD Board of Directors may dissolve a management area based on ground water returning to acceptable levels and land use practices that no longer pose a contamination threat to ground water.

Before considering a Ground Water Manageme nt Area the District will evaluate all

available alternatives. When determin ing whether to designate a Ground Water Management Area, the District will consider its financial and technical capabilities; public input and concerns, and seek to iden tify the needs for any additional studies to confirm the District's problem(s).Twin Platte NRD Ground Water Management Plan Page - 5 Chapter 8 8.3 Districtwide Ground Water Management Area

The Twin Platte Natural Resour ces District will es tablish the entire district as a Ground Water Quantity Management Area upon approv al of revisions for the Ground Water Management Plan to take a proactive appro ach to protecting the ground water resources.

Upon establishment of a Districtwide Ground Water Quantity Management Area:

◊ Permits will be required for all new wells with the capacity to pump greater than 50 gallons per minute.

◊ A maximum allowed irrigated acres will be determined for all new well permits issued. The maximum allowed irrigated acres will be determined based on that the total irrigated acres will not exceed 25% of the land area

within a one mile radius of a new we ll which lies within the Twin Platte Natural Resources District. (Example : There are 2010 acres within a one mile radius circle and the total irrigated acres within that circle will not exceed 502.5 acres – 25% of the land area) The new well must be located within the area of the acres irrigated from the new well.

8.4 Twin Platte NRD Ground Water Quantity Management Program

The Goal of the Twin Platte NRD's Ground Water Quantity Management Program is to maintain or improve the quantity of ground wate r consistent with th e goals and objectives of the District as provided in Chapter 6. The District envisi ons their goal being accomplished first through voluntary and mandatory educational programs and implementation of agricultural and conservatio n techniques such as the use of Quantity Best Management Practices (BMPs).

The District's Ground Water Quantity Mana gement Program will establish a Ground Water Quantity Management subarea within a Major Land Resources Area or portion thereof where ground water quantity is or could become a problem.

Currently, the District recognize s that the major threat to depletion of ground water is related to irrigation. The District began a ground water level monitoring program for ground water table levels in 1976 and cont inues to monitor 116 sites annually. The District initiated a ground water model study titled "Hydrology of Parts of the Twin Platte and Middle Republican Natural Resource s Districts, Southeastern Nebraska" which was published in April, 1992 and on file in the Twin Platte Natural Resources District office and initiated a ground water mode l study titled "Simulation of Ground Water Movement in the High Plains Aquifer, Sout hern Sandhills Area, West Central Nebraska” which is expected to be completed late in 1995 to establish base-line water quantity

conditions in the District and to access futu re conditions. The District's data collection efforts and ground water modeling studies are described in Chapter 5. Depending on the scope and trends in the ground water, the Di strict will proceed with addressing those problems within a Major Land Resource Area or portion thereof when the spring ground water table levels trends show a three year average decrease of 10.0 f eet or greater fromTwin Platte NRD Ground Water Management Plan Page - 6 Chapter 8 the 1983 baseline year or a 25% or greater density of ground wa ter irrigated acres within the Major Land Resources Area or portion ther eof. The year 1983 was selected as a baseline due to the TPNRD implementing additional monitoring sites that year. The triggering mechanism will be based on the average of the data collected in each township and the average of the township data in each Major Land Resource Area or the average of the data collected in the por tion of the Major Land Resour ce Area under consideration for additional management.

8.4.1 Major Land Resources Management Areas

The District's Ground Water Quantity Management Program for Ground Water Management Subareas will be implemented w ithin Major Land Resource Areas or within a portion of the Major Land Resources Area in three phases to address ground water quantity problems. The triggering mechanism established below will be used to guide the District when considering a Ground Water Ma nagement Subarea to address ground water quantity problems. The triggering mechanis m will also be used to move from one management phase to another based on data received from the District's ground water level monitoring system. The triggering mechanism will be based on the previous three year spring average ground water table levels compared to the 1983 baseline year or the density of irrigated acres within the Majo r Land Resource Area or portion thereof. Implementation of Phase II will be considered two years following the implementation of Phase I and annually thereafter and implementa tion of Phase III will be considered two years following the implementation of Phase II and annually thereafter. The triggering mechanism for each phase:

Phase I: 10.0 feet or greater decline

Or 25% or greater density of ground water irrigated acres

Phase II: Subsequent declines equal to 30% of the average decline which

initiated Phase I

Or Subsequent 30% increase of irri gated acre density which initiated

Phase I

Phase III: Subsequent declines equal to 30% of the total of the average

decline which initiated Phase I and Phase II

Or Subsequent 30% increase of irri gated acre density which initiated

Phase II

Prior to the establishment of a Ground Wate r Quantity Management Subarea, the NRD will develop rules and regulations to im plement the controls described below.Twin Platte NRD Ground Water Management Plan Page - 7 Chapter 8 Phase I: Initiation

A Ground Water Quantity Management Subar ea will be established throughout a Major Land Resource Area or within a portion of the Major Land Resource Area when the Phase I triggering mechanism in section 8.4.1 is met.

Phase I: Controls

1) The TPNRD will coordinate a mandatory multifaceted educational program for ground water users. The program will emphasize ground water use management through information, education and site demonstrations.

2) The TPNRD may initiate a moratorium on the issuance of additional well construction permits. A moratorium may be in place for no more than 3 years without subsequent renewal by the Board of Director’s.

3) The TPNRD may establish a minimum spacing distance between new wells more stringent than statutory requirements.

4) The TPNRD may establish a smaller number of maximum allowed irrigated acres

within a one mile radius of a new well and/or increase the radius around a new

well.

A list of recommended quantity best management practices ar e summarized in Table 8-1 (Located at end of Chapter 8). These practi ces will be incorporated into the general education program.

Table 8-2 (Located at end of Chapter 8) outlines assistance programs that can be developed by the NRD to support landowners in addressing ground water declines in a given area(s).

Phase II: Initiation

When the Phase II triggering mechanism in Section 8.4.1 is met for an established Ground Water Management Subarea, Phase II controls will be implemented.

Phase II: Controls

1) All requirements in Phase I will be continued.

2) The TPNRD may initiate a moratorium on the issuance of additional well construction permits. A moratorium may be in place for no more than 3 years without subsequent renewal by the Board of Director’s.

3) The TPNRD will also adopt one or more of the controls listed below:Twin Platte NRD Ground Water Management Plan Page - 8 Chapter 8 ◊ Implementation of an allocation schedul e and allocating the total amount of ground water that may be withdrawn. Allocation for purposes of irrigation means the allotment of a specified tota l number of acre-inches of irrigation water per irrigated acre over any reasonable period of time. Flow meters or other approved water measuring devi ces will be required to measure the amount of ground water applied to each irrigated field and reports, on forms developed by the District, will be required to be submitted to the District.

◊ Require District approval of transfer s of ground water off of the land where

the water is withdrawn and/or tr ansfers of ground water allocations.

◊ Adoption of a rotation system for use of ground water.

◊ Adoption of a system for reducing irrigated acres.

◊ Establishment of a minimum spacing distance between new wells more stringent than statutory requirements.

◊ Establishment of a smaller number of ma ximum allowed irriga ted acres within

the area around a new well and/or incr eases the radius around a new well.

Phase III. Initiation

When the Phase III triggering mechanism in Section 8.4.1 is met for an established Ground Water Management Subarea, Phas e III controls will be implemented.

Phase III. Controls

1) All requirements in Phas es I & II will be continued.

2) The TPNRD may initiate a moratorium on the issuance of additional well construction permits. A moratorium may be in place for no more than 3 years without subsequent renewal by the Board of Director’s.

3) One or more of the control(s) esta blished in Phase II will be revised to:

A) Adopt more restrictive requireme nts for District transfer permits.

B) Reduce the allocation of the total pe rmissible amount of ground water that may be withdrawn.

C) Adopt a more restri ctive rotation system fo r use of ground water.

D) Adopt a system to furthe r reduce irrigated acres.

E) Establish a greater minimum spacing distance between new wells.Twin Platte NRD Ground Water Management Plan Page - 9 Chapter 8 F) Establish a smaller maximum number of allowed irrigated acres within the

area around a new well and/or increa se the radius around a new well.

and/or

One or more of the following controls will be established to the extent not previously established:

A) Require District approval of tran sfers of ground water off of the land

where the water is withdrawn and/or transfers of ground water allocations.

B) Implementation of an allocation sc hedule and allocating the total amount of ground water that may be wit hdrawn. Allocation for purposes of irrigation, means the allotment of a sp ecified total number of acre-inches of irrigation water per irrigated acre per year or an average number of acre-inches of irrigation water per irrigated acre over any reasonable period of time.

C) Adoption of a rotation system for use of ground water.

D) Adoption of a system fo r reducing irrigated acres.

E) Establishment of a minimum spaci ng distance between new wells more stringent than statut ory requirements.

F) Establishment of a smaller number of maximum allowed irrigated acres

within the area around a ne w well and/or increase the radius around a new

well.

8.5 Other District Actions to be Considered for Implementation to Protect Water Quantity :

The NRD will work with cities /villages to improve water use efficiency and establish water use conservation guidelines.

8.6 Implementation Time Frame for Establishing a Management Area

The main reason for establishing a Management Area is to prevent or reduce declines of water quantity.

Whenever ground water quantity is threatened, meaningful da ta is necessary to make informed decisions. Studies may be done to define the source, extent, mechanisms and effects to identify the extent of a subarea.Twin Platte NRD Ground Water Management Plan Page - 10 Chapter 8 Data collected within an area, consecutivel y over a three year period, will provide the District with an opportunity to observe the seasonal effect s of sampling activities and potential trends. The average levels based on this information will be used to determine the management phase (either I, II, or III) to address declines of ground water within a given area.

The District Board of Directors reserves the option to proc eed immediately in implementing Ground Water Quantit y Management subareas.

8.7 Identifying and Establishing Boundaries

The boundaries of a Ground Water Quantity Management subrea will be the Major Land Resource Area or a portion of a Major La nd Resource Area, based on geologic and hydrologic characteristics, within the Twin Pla tte Natural Resources District as identified by the USDA Natural Resources Conservation Service.

8.8 Enhance District's Gro und Water Monitoring System

It will be important to maintain a reliable ground water level monitoring system. Future

decisions will be based on data from the m onitoring system. The District's ground water monitoring program is located in Chapter 5. The data collected th rough the monitoring program will be accessible to landowners and operators within the monitoring network.Twin Platte NRD Ground Water Management Plan Page - 11 Chapter 8 Table 8-1 Recommended Quantity Be st Management Practices

The following are recommended as quantity best management practices and will be incorporated into the ge neral education program and certified training workshops. Detailed descriptions are not given for each practice. Descriptions used by the UN-L Coope rative Extension, Natural Resources

Conservation Service and/or other r ecognized authorities will be used to define the practices.

1. Irrigation Water Management

a. Flow meters b. Irrigation scheduling c. Surge valves d. Buried pipe lines e. Reuse pits, return lines

f. Measurement of field moistu re conditions with moisture blocks, tensiometers, soil probes, etc. g. Determine crop water use using modified atmometers h. Measurement of uniformity of water application by sprinklers i. Development of an irriga tion water management plan on

each farm

Table 8-2 Potential TPNRD Assistance Programs

Technology Transfer : As development of agricultural and landscape technology becomes available which w ill benefit land use decisions, the

NRD will communicate information to rural and urban landowners.

The NRD will hold public meetings to provide an open forum to discuss new technologies or programs. Exhi bits, rural and urban demonstration projects, newsletters, and reports by agencies/organizations will be used. Local news media will be used to keep the public informed of activities.

Development of Ground Water Advisory Committees : The District will develop advisory committees for the purposes of becoming familiar with NRD regulatory authorities pertaini ng to ground water management and protection; to promote public unders tanding of ground water concerns; to

advise the Twin Platte NRD Board of Directors on policy making to ensure that all viewpoints are considered, and to communicate on-going DistrictTwin Platte NRD Ground Water Management Plan Page - 12 Chapter 8 programs and projects.

Cost-share Assistance : The District maintains the option to develop incentive programs to encourage the use of quantity best management practices. Outlined below are possible items for which cost-share funding could be available through the District . Similar cost share arrangements may be available through state and federal programs.

1) Flow Meters 2) Moisture Meters and Bl ocks, Tensiometers, and Soil Probes 3) Surge Systems 4) Irrigation Scheduling Services 5) Modified Atmometers 6) LEPA Systems 7) Well Abandonment Program 8) Independent Ag. Consultant

Additional Monitoring Activities : An intensive ground water level monitoring program and network throughout the District is important in order to determine any changes in the condition of the ground water. This program has been explained in greater detail in Chapter 5 of the District's Ground Water Management Plan.

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