Little Blue NRD Water Sourcing Project On Hold After Injunction

By Gordon HopkinsA controversial water sourcing project by the Little Blue NRD (Natural Resources District) is on hold following an injunction.The injunction was issued on November 27, 2024, by Jefferson County District Court Judge David J.A. Bargan and temporarily stops Little Blue NRD from proceeding with a well project until permits are obtained from the Nebraska Department of Natural Resources.Since 2020, Little Blue NRD has been looking to develop a new water source for its Public Water Project to provide water for approximately 500 farmsteads, acreages and pastures in Jefferson and Thayer Counties in Nebraska and for an estimated 55 connections in Washington County Kansas.Since 1975, Little Blue NRD has purchased its water from the City of Fairbury for the project. Fairbury’s water supply has consistently tested in the higher range for nitrates and the city is also looking for a new water source.Originally, Little Blue NRD and the City of Fairbury were working together on water sourcing. It was then that property belonging William and Mary Glenn approximately four miles southwest of Daykin was identified as a possible site for new wells.After more than a year of planning and testing and a cost of $131,776.98, the Fairbury City Council voted against proceeding with the project on Tuesday, November 2, 2022. Project Manager Mary Renn told FJN at the time, “As with the LBNRD, these expenses were paid entirely via user fees. No taxpayer money was used to fund the project.”Little Blue NRD board then voted to proceed on their own to develop the wells.A group of landowners concerned about the impact of the proposed wellfield on their own properties have been very critical of the project. Calling themselves the Water Rights Coalition of Jefferson County, the group filed suit on March 14, 2024, seeking to stop the project.According to the complaint, “Under the Domestic Transfers Act, a public water supplier must apply for and obtain a permit from the Director of Natural Resources to: ‘locate, develop, and maintain ground water supplies’ through water wells and to “transport water into the area to be served.” NEB. REV. STAT. § 46-638(1).”The complaint further notes, “The LBNRD has neither applied for nor obtained a permit under the Domestic Transfers Act relating to its location or development of ground water supplies at the Proposed Wellfield.”Judge Bargen concluded in his decision, “Plaintiffs have shown probable success on the merits of their argument that LBNRD must seek permits under the Domestic Transfers Act and Interstate Transfers Act in order to proceed with the Project.”“Thus, Defendants proceeding with the Project in the absence of those permits would perpetuate unlawful or wrongful acts by public officers where an action has been brought to enforce a statute requiring such permits,” Judge Bargan wrote. “Plaintiffs have shown probable success on the merits of their claim that before they may proceed, the Project as currently planned requires a permit be sought from the NDNR under the Interstate Transfers Act.”David Endorf, acting as spokesperson for the Water Rights Coalition of Jefferson County, issued a statement after the decision, “If the LBNRD chooses to apply for the required permits, they will be met with strong opposition from our group challenging the quantity, quality, environmental effects, cost to the project users, the need for Jefferson County taxpayers to underwrite the project, and the effect on neighboring domestic and irrigation wells. The site they have chosen is on the very edge of land capable of high-capacity wells, shown by no water available in the next section south. Several irrigation wells have been tested at 10PPM (parts per million) for nitrates in the surrounding properties. Opposition of neighbors has been shown by many letters, emails, and comments made at public meetings.”“What are the next possible steps? Hopefully, the LBNRD drops this project and seriously looks at other, better alternatives to provide water for the Little Blue Public Water Projects by continuing to work with Fairbury with partnering for a nitrate treatment plant, sourcing the high quality, and plentiful water from Alexandria while offering them adequate compensation, or sourcing low nitrate water from the Little Blue River,” said Endorf. “We want to stress that we are not in any way trying to take away the water being provided to our friends that depend on the Little Blue water project for their daily water. We want the best use made of taxpayer dollars for efficient, high-quality, and effective water sourcing. We want, and expect the Little Blue NRD, its board of directors, and management, to follow the laws of the state of Nebraska, and to respect our water and property rights.”FJN reached out to Little Blue NRD for comment. General manager Scott Nelson responded, “Our legal counsel has advised us to not discuss or make any statements.” Cutline: File photo: Little Blue NRD and the City of Fairbury sunk several tests wells at the proposed wellfield site in 2022.

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