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(Lincoln, NE) Gov. Dave Heineman today announced his intent to sign the Platte River Recovery Implementation Program (PRRIP), basing his decision on the need to protect Nebraska’s opportunity for a strong agricultural future.
“This program offers our state the greatest amount of certainty when it comes to protecting individual producers and entities from one-on-one negotiations with the U.S. Fish and Wildlife Service,” Gov. Heineman said. “It also ensures that agriculture will have a seat at the table in discussing the future of conservation efforts along the Platte River.”
The Governor sent a letter today to the governors of Colorado and Wyoming, as well as the U.S. Secretary of the Interior informing them of his intent to sign the agreement.
The Governor wrote, “The program’s basin-wide approach offers Nebraska agricultural producers important opportunities for input, provides a measure of regulatory certainty, and clearly protects the future of Panhandle agriculture, while also giving farmers and ranchers some degree of protection from federal action. We have a rare opportunity to work with water users and the environmental community to achieve federal objectives for the Endangered Species Act while respecting the need to preserve each of our states’ agricultural economies.”
The Platte River program was developed as a way to help the states involved comply with guidelines of the Endangered Species Act (ESA). The program calls for increased river flows to help protect species native to the Platte River basin and will be considered as part of Nebraska’s integrated water management plans
A key point stressed in the Governor’s letter is the need to protect Nebraska agricultural producers and water users from the specter of separate and costly negotiations with the U.S. Fish and Wildlife Service, an agency whose approaches were discussed at length during three public forums held across the state on the PRRIP, which were attended by more than 700 people.
“Many who spoke in favor of the program did so, not because they were pleased with what was being proposed, but because they felt it would be less burdensome than the alternative of abandoning the program,” Gov. Heineman said. “Given what is known today, I have concluded that the wiser course of action is to initiate the program.”
Responding to concerns about the ability of the state to withdraw from the program if needed, the Governor requested a formal opinion from Attorney General Jon Bruning on whether Nebraska would retain the legal right to withdraw from the agreement in the future if the state is dissatisfied with progress of cooperation from federal partners.
The Governor called for a renewed spirit of collaboration in putting the program into action, and mentioned several areas key to the state’s continued participation in the PRRIP, including: a need to secure federal funding for the partnership; cooperation with states and water users from U.S. Fish and Wildlife Service, the need to protect landowners and water users from negotiations on Section 7 and Section 9 of the Endangered Species Act; testing to ensure that the program benefits the species it is meant to protect; and flexibility regarding water depletion plans.
In his letter to state and federal officials, the Governor wrote, “Concerns remain that the program will not result in actual benefits to the target species. We expect to monitor progress to help determine if positive benefits are accruing and reserve the option to withdraw if our sacrifices prove to be of no measurable value to the species for which it was developed.
“Nebraska continues to face many challenges regarding water use, particularly with regard to the integrated management of our surface water and groundwater supplies in the face of severe drought. The program may complicate the state’s response to those challenges. Among the difficulties is determining how to offset for new depletions resulting from new and expanded water uses after July 1, 1997, and how to pay for those offsets.
“We must do our best to demonstrate that we are committed to mutual respect and to succeeding in this endeavor. It is especially important that the U.S. Fish and Wildlife Service work in a collaborative way with water users and the state of Nebraska. As Governor, my first responsibility is to protect the best interests of Nebraskans, and I will not hesitate to act if the concerns I’ve expressed are not addressed.”
A meeting of the Governor’s Platte River Citizen’s Advisory Council held Oct. 17 in Kearney concluded with an 18 to three vote in favor of recommending that Nebraska sign the agreement.
Platte River Coop Letter (PDF 175K)
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