Bittinger, Morton W.

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Colorado Law

University of Colorado Law School Colorado Law Scholarly Commons Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) 1983 6-8-1983 Ogallala Ground Water Morton W. Bittinger Follow this and additional works at: https://scholar.law.colorado.edu/groundwater-allocation-development-and-pollution  Part of the Administrative Law Commons, Agriculture Law Commons, Dispute Resolution and Arbitration Commons, Energy and Utilities Law Commons, Environmental Law Commons, Evidence Commons, Hydrology Commons, Indian and Aboriginal Law Commons, Law and Economics Commons, Litigation Commons, Natural Resource Economics Commons, Natural Resources Law Commons, Natural Resources Management and Policy Commons, Oil, Gas, and Energy Commons, Oil, Gas, and Mineral Law Commons, Political Science Commons, State and Local Government Law Commons, Taxation-State and Local Commons, Water Law Commons, and the Water Resource Management Commons Citation Information Bittinger, Morton W., "Ogallala Ground Water" (1983). Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9). https://scholar.law.colorado.edu/groundwater-allocation-development-and-pollution/10 Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School.     Morton W. Bittinger, Ogallala Ground Water, in GROUNDWATER: ALLOCATION, DEVELOPMENT AND POLLUTION (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law 1983).  Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School.  a•-• n••nOGALLALA GROUND WATERMorton W. BittingerGROUNDWATER: ALLOCATION, DEVELOPMENT AND POLLUTION4th Annual Natural Resources Law Short CourseNatural Resources Law CenterUniversity of Colorado School of LawBoulder, June 6-9, 1983OGALLALA GROUND WATERI. BackgroundA. Geology1. Ogallala formation is a "debris apron"of materials eroded from Rocky Moun-tains during Tertiary geologic time.2. The "debris apron" has since becomedetached from Rocky Mountains by erosion.3. The Ogallala formation is essentiallycoterminus with the physiographic unitcalled the High Plains--a portion ofthe Great Plains.B. Climate1. Semiarid to subhumid.2. Average of 15 to 20 inches precipitationper year, but highly variable.3. Many weather extremes; tornadoes,droughts, hail, blizzards.4. Typically windy and dry with high evap-oration rates.C. Physiography1. Level, essentially treeless.2. Native vegetation principally grass.D. Hydrology1. Only source of recharge is precipitationon surface.-1-2. Recharge varies from less than 1/2 inchper year in "hardlands" to several inchesper year in sand dune areas.3. Surface streams are generally dry, surface-water supplies scarce and undependable.4. Ogallala ground water is only source ofwater available to many communities,industries, farms and ranches.5. An estimated 3 billion acre-feet ofwater in storage under portions of sixstates (Nebraska, Kansas, Oklahoma, Texas,Colorado and New Mexico).E. Settlement and development history1. High Plains considered useless Indiancountry, an obstacle to exploration anddevelopment of the far West prior toCivil War.2. Commonly labeled the "Great AmericanDesert" on maps and in textbooks until1860.3. Cattle ranching took over during the 15years after the Civil War. The inventionof the windmill was significant in makingthis possible.4. Federal legislation (Homestead Act of1862, Desert Land Act of 1875) and theintroduction of barbed wire brought infarmers.-2-5. Dryland farming, principally wheat andsorghum became predominant on the till-able land. Boom or bust conditions pre-vailed, as influenced by variable weatherand markets.6. Irrigation using Ogallala ground waterstarted as early as 1911, but most hasbeen developed since 1950. Contributingfactors making it possible include:a. Drough of the 1950's.b. High commodity prices.c. Development of deep-well turbinepumps.d. Development of new well-drillingmethods.e. Inexpensive energy (REA, localnatural gas).f. Increasing knowledge of the aquifer.g. Rush to drill wells before controlsimposed.h. Development of center-pivot irrigationequipment.F. Ground-water law evolution1. Water-law systems in each of the sixOgallala states generally applied firstto surface water only (except Oklahoma-3-Territorial Legislature did specificallydefine ground-water ownership as earlyas 1890).2. The basic water-law doctrines originallyestablished in the eastern tier of Ogallalastates (Nebraska, Kansas, Oklahoma andTexas) was modified English Common Law andprivate ownership. The two western tierOgallala states (Colorado and New Mexico)rejected the English Common Law in favorof public ownership and the Prior Appro-priation Doctrine.3. Kansas and Oklahoma have since passedlegislation specifically declaring groundwater to be the property of the public.Nebraska has not passed such legislation,but many interpret the Sporhase decisionto have established the same. Texasremains as the only Ogallala state whichspecifically recognizes private ownershipof ground water as a part of land owner-ship.4. Local Ground-Water Management Districts59-claved Dt.s4-r,ck,	have been established in several Ogallalastates, each having their own rules andregulations.--4II. The Present SituationA. More than 150,000 wells used to irrigate about14.3 million acres.B. Six-state Ogallala area produces over 15% oftotal U. S. wheat, corn, sorghum and cotton.C. Over 38% of total U. S. livestock value producedin 6-state Ogallala area.C. Wide variation in rates of ground-water leveldecline and longevity of supply. Some areas arein trouble already, other areas have tremendousvolumes of water yet in storage.III. High Plains Study Council RecommendationsA. Water conservation research and demonstration1. Restore to pre-1970 levels both public andprivate funding of research to increasewater use efficiencies, decrease erosionlosses and improve agricultural productivityfor both irrigated and dryland farms through-out the High Plains Region.2. Expand programs to demonstrate the use ofwater-efficient irrigation techniques andpractices, and soil/water conservationmanagement systems.3. Increase public and private funding forresearch, demonstration and market develop-ment for more water-efficient crops adaptedto High Plains growing conditions.-5-B. Public information, education, extensionand technical assistance.1. Expand public and privately sponsored pro-grams to publicize the need for water andsoil conservation improvements in High Plainsagricultural productivity for both irrigatedand dryland farms throughout the High PlainsRegion.2. Conduct short courses and field tours inorder to demonstrate on a farm basis theuse of proven and cost effective managementmethods for both irrigated and dryland farm-ing conditions throughout the High Plains.3. Initiate a program for informing domestic,municipal, commercial and industrial waterusers in the High Plains Region of effectivemethods, practices and devices for improvedwater use efficiencies and conservation.C. Water supply1. Expand research, planning, development anduse of technology and programs to increasethe quantity and protect the quality ofwater resources available within the HighPlains Region.2. Continue regional interstate water transferfeasibility and planning studies, withappropriate consideration for the water-6-needs and concerns of basins and statesof origin of potential export waters.3. Provide state and federal funding to con-tinue monitoring ground-water quantityand quality and its projected effects onthe Region and Nation.D. Agricultural energy alternatives1. Demonstrate the use of on-farm energy useefficiency and auditing methods and devicesto increase energy efficiencies for agri-cultural purposes.2. Increase research and demonstration programsand projects for the development and use ofalternative energy sources for agriculturaluses.E. Legal and institutional1. Establish Technical Advisory Committees ineach High Plains state to provide ongoingguidance and coordination for research,demonstration, education and technicalassistance programs for water and energyuse efficiency and conservation programs.2. Provide financial incentives to encouragethe acquisition and use of water, soil andenergy conservation and management improve-ments.-7--3. Further evaluate existing state laws andinstitutions for water management and, whereappropriate, suggest needed changes for stateaction to provide improved state or localmanagement capabilities and more efficientuse of waters in each state.F. Environmental maintenance and protection1. Select and manage cropping systems, irriga-tion and farm management practices, andirrigated, dryland and rangeland vegetationto conserve soil and water resources andwildlife habitats.2. Provide technical and financial assistancefor re-establishing permanent vegetativecover on all lands going out of cultivationin order to control erosion and to restorehabitat.3. Include provisions for management and pro-tection of fish, wildlife and relatedenvironmental resources in all soil and waterconservation or water supply developmentprojects and plans.G. Economic development opportunities1. Assist ongoing programs to help diversifythe economy of the High Plains Region, todevelop less water-intensive enterprisesand to improve the economic viability of-8-dryland farming, ranching and nonagricul-tural opportunities.IV. Water Importation--Corps of Engineers Studies (6.4,-,bej0Allace-44 afvuLAL)A. From Missouri River at Fort Randall, SouthDakota, southwesterly across Nebraska to ter-minal storage near Bonny Reservoir in EasternColorado--1.91 million acre-feet (maf) at $5.4billion or 3.40 maf at $8.9 billion constructioncost. Average annual water cost $291/acre-foot.B. From Missouri River at St. Joseph, Missouri,southwesterly across Kansas to terminal storagenear Dodge City, Kansas--1.62 maf at $3.6 billionor 3.40 maf at $6.5 billion construction cost.Average annual water cost $255 and $227/acre-foot,respectively.C. From White and Arkansas rivers at Clarendon andVan Buren, Arkansas, westward through Oklahomato terminal storage in Texas on the CanadianRiver--1.26 maf at $7.0 billion or 7.51 maf at$27.8 billion construction cost. Average annualwater cost $569 and $430/acre-foot, respectively.D. From White and Arkansas rivers at Clarendon andPine Bluff, Arkansas, southwestward acrossArkansas to Northeast Texas, then westward acrossNorthern Texas to terminal storage at Bull Lakein the Southern High Plains of Texas--1.55 mafat $5.3 billion or 8.68 maf at $20.6 billion-9-construction cost. Average annual ground-watercost $490 and $441/acre-foot, respectively.V. Water Importation--Other SchemesA. R. W. Beck plan--from Missouri River, up NiobraraRiver in Nebraska, across Western Nebraska, East-ern Colorado into Southern High Plains; 9-15 maf/year.B. NAWAPPA plan--from Alaska and Yukon territoryalong Rocky Mountain trench in Canada and acrossIdaho, Utah and Arizona, with "Staked PlainsAqueduct" serving the High Plains. One-hundredfifty-eight maf annually (58 maf to Canada, 80maf to United States in 23 states and 20 maf toMexico) at 1977 estimated construction cost of$200 billion.C. Lewis G. Smith plan--from Northwest Canada alongRocky Mountain trench to 17 Western states, includ-ing High Plains; 40 maf per year at 1968 estimatedconstruction cost of $75 billion.D. William G. Dunn (Rocky Mountain) plan--from North-west Canada along east side of Canadian Rockiesto Northwestern Montana and several Western statesincluding the High Plains; 12-25 maf per yearat 1977 estimated cost of $44 billion.-10-"Th

Ogallala Ground Water

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Ogallala Ground Water

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