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Nebraska bill would ban water exports to help protect state farmers, ranchers

A bill recently introduced in a state legislature would ban water exports to help preserve water rights for Nebraska’s ag producers.

Nebraska State Senator Tom Briese says mega drought in the Southwest and development on Colorado’s Front Range has increased demand for water from the Ogallala Aquifer putting the state’s farmers and ranchers at risk. “Is there something like this in the foreseeable future? I’m not sure,” he says. “In the event when the demand bcomes significant enough and the cost can be justified and there is enormous pressure to tap in and mine our ground water for use, I want to make sure there is a roadblock to prevent this.”

He tells Brownfield the legislation would block a proposal from any state trying to mine underground water for industrial or developmental use, but it doesn’t apply to local municipalities and agriculture land.

LB241 would implement a statutory roadblock for future proposals that would export water farther than 10 miles from Nebraska’s border unless it complies with an interstate or compact decree.

Agriculture Attorney Steve Mossman with Mattson-Ricketts-Davies tells Brownfield there could be legal ramifications if the bill becomes law and is challenged. “I think there would be a legitimate concern that either the Nebraska Supreme Court or the US Supreme Court would find that statute as amended unconstitutional and in violation of the dormant commerce clause.”

He says there is precedent from two previous cases – Sporhase v. Nebraska and Ponderosa Ridge v. Banner County – that helped determined water is commerce. “You can’t restrict movements of water or property from state to state.”

The bill is scheduled to be heard in the Natural Resources Committee on Thursday and if advanced would be moved to the floor of the Nebraska Legislature.

State Senator Tom Briese:

Attorney Steve Mossman: