Water Policy Issues

Domina Law Group's services were requested by two (2) Irrigation Districts who believe they are faced with extinction unless rights to water of a river basin are sorted out legally. The assignment followed work by Domina Law Group for irrigators and surface-water users across the state in a variety of settings. The Complaint, filed in US District Court in Nebraska, drew prompt attention from lawyers, members of the public, and irrigators, as well as water policymakers.

“I cannot remember the last time I was congratulated by telephone calls from strangers for filing a lawsuit,” Dave Domina said. Domina added, “But, there is much sentiment against attempts to fool Mother Nature in order to comply with the Republican River Compact artificially, instead of working with nature.”

Water is a hot topic in Nebraska. The water battles of southwest Nebraska are not confined.The firm was asked to represent northeast Nebraska irrigators, about 200 of whom appeared for a public meeting in Pierce on January 6, 2013, to discuss problems resulting from the extraordinarily dry circumstances of 2012 and conflicts between irrigation well demand and domestic water users, many of whom have shallow wells.

“We have initiated a thorough investigation of deficiencies that can be corrected for the benefit of both domestic users and irrigators. We think northeast Nebraska is blessed with an abundant water supply. Its irrigators must use the water responsibly. This could involve reasonable limitations on use,” Domina said. “At the same time, we recognize that domestic users must have wells of high quality and comparable depth. Where these are not present, a program for installing them is the best way to avoid conflicts.”

Domina noted that “Nothing is more important to Nebraska’s economy than agriculture, and 80% of our crops are produced with irrigation water.” He said, “Everyone who lives here, knows that agricultural is an essential part of our present and future economic health.”