Water storage and flood control projects usually involve several landowners and/or agencies. Projects for individuals are considered under the
Land Treatment Program.
Projects developed through this program generally include multiple benefits and require detailed planning, engineering, and coordination with all the parties concerned. For this reason, a project of this nature requires two or more years of lead time before construction can be expected to begin. Sites must be investigated, feasibility studies completed, agreements reached, designs completed, funding arranged, land rights and permits acquired, and construction funds authorized. The district is limited in the number of these projects that it can actively handle at any time. The NRD board of directors has established a priority list of active projects to effectively manage the district’s efforts.
DISTRICT AS LEAD AGENCY
The district has the authority to act as the Lead Agency (i.e., local sponsoring body) for projects. As Lead Agency, the district administers planning and feasibility studies, engineering design, construction, operation and maintenance, coordination with other sponsors, negotiating agreements, and any other aspects of the project. The district is authorized by Nebraska Statutes to enter into agreements with local, State, and Federal agencies, and to apply for local, state and/or federal funding. Acting as Lead Agency, the district would apply for and hold, on behalf of the sponsors, all permits, water rights, easements, and land titles for the project. It is the district’s policy that as Lead Agency, the district will operate and maintain the project on behalf of the sponsors. Any costs of operation and maintenance will be shared by the sponsors in accordance with the project Interlocal Agreement. Public access to project lands will be considered on a case-by-case basis as each project is developed. The district does have eminent domain authority for projects, although it is rarely used. Decisions to proceed with each phase of project development, or to terminate a project, are made by sponsoring bodies in accordance with the project Interlocal Agreement.
If another entity will be acting as Lead Agency for the project, the district may elect to serve as one of the project sponsors with responsibilities as specified in the project Interlocal Agreement. In this capacity, the district may assist the Lead Agency by providing engineering services, grant application and management support or other technical assistance.
WATER CONSERVATION DAMS
The district’s Water Conservation Dams Program provides assistance for planning, design, and construction of dams designed to provide “active” water storage for some beneficial use, such as irrigation. These dams generally have a cost exceeding $15,000, are designed to control runoff from drainage areas greater than 640 acres, can involve single or multiple landowners or agencies, and are not eligible for funding under the district’s Land Treatment Program. Benefits that can be designed into these projects include flood control, groundwater recharge, irrigation water storage and use, erosion control, recreation and wildlife habitat. The use of the project and project lands is granted to the project sponsors in accordance with the project Interlocal Agreement and as determined according to each sponsor’s share of project cost.
Project Engineering
Unless otherwise specified in the project Interlocal Agreement, the planning, design, and construction inspection for Water Conservation Dams will be provided by either district or NRCS.
Land Acquisition
Two options are available for obtaining land to construct, operate and maintain water conservation dams. Easements or title may be donated to the project, contributing to the donor’s financial share of project costs, or the district may purchase easements or title, contributing to the sponsors’ financial share of project cost.
Assignment of Benefits
Benefits derived from water conservation dams will be assigned to the district and sponsors in proportion to their respective financial responsibility. Benefits that can be assigned in this manner are water use for irrigation, private hunting and fishing and improvement of aesthetics for residential sites. General public benefits to be considered are reduction of flood damages, sediment storage and erosion control, ground water recharge, public recreation and wildlife habitat. The district will determine the estimated economic value of these benefits as part of project feasibility determinations.
Project Maintenance
Responsibility for project maintenance will be determined on a case-by-case basis. In general, the party with the majority of benefits will be responsible for maintenance. Maintenance costs will be estimated as part of project cost and will be used in the determination of financial share.
Project Feasibility
Technical, financial and environmental feasibility must be shown before a water conservation dam is constructed under this program. Technical feasibility includes site suitability, conformance with Nebraska Department of Natural Resources dam safety requirements, analysis of watershed yield and reservoir operation to determine adequacy of water supply for the intended purposes. Financial feasibility includes comparison of benefits and costs and determination of potential funding sources.
Project Financing
Project financing is determined on a case-by-case basis, and depends upon availability of grants and other sources of funding. After project costs are estimated, and other sources of funding determined, each sponsor’s share of remaining cost is determined on the basis of project benefits received by each sponsor.
If a project sponsor will receive revenue from the sale of water, fishing or hunting privileges, cabin or camping sites use, or other such activity, then those revenues must be considered in calculating that sponsor’s financial share of project cost. In such cases, that sponsor’s share of project cost will be increased by the amount (in current dollars) of such revenues. The terms and conditions of such revenue producing benefits must be agreed to by all sponsors and defined in the project Interlocal Agreement.
If grants or other types of funds are obtained for the project from federal, state or local agencies, then those grants or other funds will be applied to reduce the sponsors’ shares of project cost.
Public Access
Public access will be required as part of each district project, unless private funding is sufficient to offset the public investment. Conditional public access will be considered on a case-by-case basis.