AUBURN – Two dozen water rights advocates crowded Auburn’s city council meeting Monday in opposition to proposed changes in the wellhead protection ordinance.

The changes would require proposed water users to obtain a permit from the city’s Board of Public Works before applying to the state Department of Natural Resources for irrigation or manufacturing uses.

 Utility Manager Dave Hunter said the amendment would give the board of public works an additional tool to help ensure the citizens of Auburn safe drinking water now and into the future.

Attorney Stephen Mossman represents the newly formed Nemaha Valley Water Users.

He told the council they do not have authority to regulate surface water because the jurisdiction for surface water is with the state.

 

He said Legislature passed the 1998 wellhead protection act to protect water quality, not water quantity.

Mossman: “To ask a farmer or another water user from any of the rivers or streams within the wellhead protection area to come to the board of public works to get a permit before they can apply to the Department of Natural Resources … that board doesn’t have that jurisdiction. The city council can’t grant the jurisdiction. The ordinance can’t do that. The act does not allow that.”

Mossman: “Everything you’re seeking to do tonight is prohibited by state law.”

Attorney Vanessa Silke of Omaha said the Department of Natural Resources does have jurisdiction over surface water, but it’s within a patchwork of jurisdiction that includes the Department of Environment and Energy, which works with municipalities on wellhead protection.

Silke: “It does not  prohibit every single surface water use for irrigation or industrial uses. It simply requires an application step to consider this.”

Silke: “DNR is not the sole authority for water regulation. The board of public works has and will continue to bring every single tool within its jurisdiction to the city council to make sure this water supply is protected for human use.”

Ryan Gerdes of Papillion said farmers are wary of government regulation.

Gerdes:  “Instead of thanking a farmer, we’re met with ‘tax and regulate’ a farmer.”

 Bryce  Andrew of Auburn said Utilities Manager Dave Hunter denied him a permit for an irrigation well, so he is using a surface water permit. He  said Auburn is reporting enough water to supply the City of Peru.

Silke said if the city of Auburn acquires a new source of water outside of the current wellhead protection area, irrigators would be able to revisit water use decisions.

Silke: “Farmers are up against a significant amount of regulation from federal state and local authorities, but the simple fact is the City of Auburn can’t continue if you don’t have a public water supply source that is safe.”

Well contractor Ryan Rieschick of Auburn disputed the science that the city’s wellfield is under the influence of the level of the Little Nemaha River.

Silke said the amendment would only apply to surface water users that come after the adoption of the amendment.

She said ensuring the water supply to Auburn is the only reason the board of public works proposed the amendment.

She said the only property owner denied an irrigation well under the city’s wellhead protection ordinance was given opportunity to revisit with the board of public works, but has not done that.

Silke: “So, if there is an interest in making sure that irrigators and farmers within this community are able to continue to operate in a way that makes sense for them, they have that open door to work with the board of public works.”