CHAPTER 205 HOUSE CONCURRENT RESOLUTION No. 5030 A Concurrent Resolution requiring the Attorney General to bring suit against the State
of Nebraska to enforce the provisions of the Republican River Compact. WHEREAS, The Republican River is an important supply of water to
citizens of the Republican River Basin in Kansas, providing a source of
water for irrigation, municipal, industrial, recreational and other uses; and

WHEREAS, The Republican River is also a major tributary of the
Kansas River and, therefore, a source of water supply for a substantial
portion of the population of this state; and

WHEREAS, Shortages of water in the Republican River Basin in Kan-
sas have a significant adverse economic impact on property values and
incomes within the Basin, as well as on the economic welfare of the State
as a whole, and reduced stream flow in the Republican River has a po-
tentially negative impact on surface water quality; and

WHEREAS, The Republican River Compact was entered into by the
states of Kansas, Nebraska and Colorado to provide for an equitable di-
vision of the waters of the Republican River Basin among the compacting
states; and

WHEREAS, The loss of water to which Kansas is entitled under the
Compact, as a result of the State of Nebraska's overuse, has hindered
existing uses of water in Kansas and has discouraged economic develop-
ment; and

WHEREAS, The State of Nebraska, for a number of years, has ad-
mitted consumptive use in excess of its allocations under the Compact;
and

WHEREAS, The State of Kansas since at least 1985 has consistently
expressed concern regarding the State of Nebraska's escalating overuse
of its allocation under the Republican River Compact and the correspond-
ing longer and more frequent shortages to the State of Kansas; and

WHEREAS, The State of Nebraska has increasingly refused to rec-
ognize that the use of groundwater in the Republican River Basin is sub-
ject to the limitations of the Republican River Compact and has failed to
take sufficient regulatory action to fulfill the State of Nebraska's obliga-
tions under the Compact, including failure to implement an appropriate
moratorium on the development of new wells and adequate regulation of
existing groundwater pumping in the Republican River Basin; and

WHEREAS, The preliminary estimates of depletions caused by the
State of Nebraska's failure to comply with the Republican River Compact
appear to be two to four times the amount of violations found by the
Special Master appointed by the United States Supreme Court in Kansas
v. Colorado, No. 105 Original; and

WHEREAS, The State of Kansas has sought the cooperation of the
State of Nebraska in resolving the compact dispute through nonjudicial
means, including mediation, but to no avail; and

WHEREAS, The State of Nebraska has refused to take any action to
comply with the Compact; and

WHEREAS, The State of Nebraska has consistently vetoed any action
proposed to the Republican River Compact Administration by the State
of Kansas to address Kansas' concerns; and

WHEREAS, The State of Kansas as a last resort must now turn to
litigation to enforce its rights under the Republican River Compact: Now,
therefore,

Be it resolved by the House of Representatives of the State of Kansas,
the Senate concurring therein: That, in accordance with K.S.A. 75-702,
the Attorney General of the State of Kansas is hereby required to file and
prosecute an action against the State of Nebraska to enforce the provi-
sions of the Republican River Compact, K.S.A. 82a-518.

Adopted by the House February 9, 1998.

Adopted by the Senate February 27, 1998.

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