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2012 brings new water regulations; producers fighting for rights


Last Update: 1/02 8:57 am
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A new year brings new water regulations for agriculture producers on the High Plains. And it's not something they are happy about.

Producers like Kirby Lewis, who grows cotton just outside of town, said the new rules are unnecessary and costly.

“We know how to conserve our water, we don't really need the water district coming in here and putting a huge regulatory burden on us,” Lewis said. “Our farm, we're looking at anywhere on the low-side, $60,000  to an excess of $100,000 to put in the meters. So it's going to be a huge impact on us. Plus, it's gonna restrict our access to our water, so it's gonna be really hard, going to be really difficult, and very costly, and needless.”

The new regs stem from the High Plains Underground Water District #1’s urge to conserve the Ogallala Aquifer, according to Jim Conkwright, General Manager for the District.

"It will be worth more longer having water remaining than using up all the water quickly and going to dry land immediately,” Conkwright said.

Producers, such as Kelly Young, however don't see it that way.

“Everybody has assumed that this is about conservation, when it's really more about control,” Young said.

“There's a study out that Texas Tech has done that shows farmers, what we're currently doing which is unrestricted we're gonna have 58% of the aquifer in 50 years,” Lewis said.

Lewis and Young are founders of the Protect Water Rights Coalition, a non-profit LLC geared at raising awareness about the issue, and collecting donations for a potential lawsuit against HPUWD. Members of the coalition said they feel violated. A sentiment echoed by member and cotton producer Leland Stuckey.

“Our constitutional rights are being stripped, and I don't even feel that the water district has the right. I don't think they have any jurisdiction over private property,” Stuckey said. “They actually in my opinion, only have jurisdiction over public domain."

Conkwright stands firm in his belief that these regulations are necessary.

“I honestly believe that if we have years of what we really consider average rainfall in this area, 17, 18, 19 inches normally, coupled with those amounts of water over those years, that wont harm what an Ag producer, for instance, is doing,” Conkwright said.

Cotton producer J.O. Dawdy disagrees. In fact, he's worried for his livelihood, especially after experiencing a severe drought.

"I don't think I can make it. I don't think it will work for me as a producer and the reason is, where we limit to 21 inches or 18 or 15 as they're talking about doing in years down the line, we wouldn't have made a crop at all this year, even under the  21 inch rule, much less 15 inches,” Dawdy said. “And as it was, we made a decent crop where we were allowed to use our resources. But it could potentially put me out of business."

Conkrwright and those backs his plan and said as the District sees it, harm will not be done to the producer.

"We think it has merit. We do not feel like it is cutting into their productivity that much," Conkwright said.

The coalition argues the flow meters that are now required are strictly regulatory, won't help farmers, aren't geared toward conservation, and could hurt the economy of the High Plains in a big way.

"This is just a regulation, it'll be a jobs killer, it just will hurt our economy, and we just don't need it,” Lewis said.

A lawsuit is in the works, but for now producers will have to comply with the rules; begrudgingly.

"That's not the American way. So we try to do our part and I think we've done a very good job at it,” Stuckey said.
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lightlady - 1/4/2012 8:15 PM
0 Votes
Actually farmers did pay for their water when they purchased their land. The water under the land is a function of the price paid and taxes are paid every year based on the amount of water underlying the land. Actually the cities are NOT being held to the same standards as the farmers are with regard to usage as was promised when restrictions were first proposed. This Districts methods of water restrictions smacks of Gestapo style tactics.

LMCra - 1/4/2012 3:50 PM
0 Votes
Sharober, producers already pay for their water - they pay the electric or gas bill that stems from pumping the water. What these producers are saying is that they shouldn't be regulated on how much water they use, because the water under their land is legally their personal property. They pay a premium for land with irrigation water under it, they pay to drill and operate the wells, then annually pay higher taxes on their land because of the water. For the HPUWD to restrict their use of the water is an uncompensated taking of property rights. Urban water users have to deal with water restrictions imposed by the legal owner of the water, the city. The comparison of urban water use to agricultural water use is not a valid one.

sharober - 1/3/2012 11:01 AM
0 Votes
EVERYONE is being restricted and it isn't fair to any of us. I happen to think producers a.k.a. farmers, use a lot of water, and they should pay for their water same as the rest of us.
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