Separation of rights a bad idea
As some of you may have seen and heard, there is a small group that has organized from Lincoln County called the Landowners for a Common Purpose. This group is trying to force the separation of groundwater rights from surface or land rights on the NCORPE property.
I believe that is a very bad idea. Apparently, this group is willing to go to court to prove it can be done. Initially, the complaint has always been that no property taxes are being collected on the NCORPE property, which is not true. NCORPE is paying property taxes, but NCORPE is also protesting those taxes because state law dictates one taxing entity cannot pay taxes to another taxing entity.
Tax Equalization and Review Commission (TERC) has ruled in favor of NCORPE, and Lincoln and Dundy Counties are appealing that ruling.
I have a bill drafted and it is currently being circulated to interested parties that would allow NCORPE to make in-lieu-of property taxes to Lincoln County. This bills language is similar to language currently in place to allow the Game and Parks Commission to pay in-lieu-of property taxes on property they own to the counties where such property is located.
The potential of separating the groundwater rights from the surface rights would have far reaching and long lasting impacts on the State of Nebraska, and especially on anyone who irrigates within the state.
One point I need to make that most people may not be aware of, a landowner does not own the water under their land, the State of Nebraska owns the water. If you have an irrigation well, you must also have a permit from the State of Nebraska or a natural resource district that says you can pump water from that irrigation well.
I am hopeful my legislation will satisfy the Landowners for a Common Purpose by allowing NCORPE to begin paying in-lieu-of property taxes. If it does not, the speculation brought forth by some that this may be a land grab by a few large landowners in Lincoln County may have some validity.
Opinions vary slightly, but all of the lawyers, bankers, real estate agents and government officials I have visited with about this issue are in agreement. It would not be good for the State of Nebraska or its citizens should the land be separated from the water.
My bill also includes the Rock Creek Project in Dundy County. If the bill passes the Upper Republican NRD will be allowed to pay in-lieu-of taxes to Dundy County for the lost property tax revenue, as well.
This augmentation project has been in operation a few years longer than NCORPE. It was created for the same purpose, to insure tens of thousands of irrigated acres in southwest Nebraska will continue making our region one of the most productive and reliable agricultural areas in the state of Nebraska.