The Republican River basin begins in the plains of Eastern Colorado. It flows through Northwest Kansas and Southwest Nebraska, and, after traversing a good part of Southern Nebraska, ultimately returns to Kansas. In Kansas it empties into Milford Reservoir. Releases from Milford join the Smoky Hill River to form the Kansas River at Junction City. Map of Kansas Compacts
The Republican River Compact was negotiated during the early 1940s with participation by the states of Colorado, Kansas and Nebraska and a representative of the president of the United States. The compact was formally signed on December 31, 1942.
Its purposes are to: (1) provide for equitable division of such waters; (2) remove all causes of controversy; (3) promote interstate comity; (4) promote joint action by the states and the United States in the efficient use of water and the control of destructive floods; and (5) provide for the most efficient use of waters in the Republican River basin.
The negotiators of the compact determined the virgin water supply within the basin. Virgin water supply is defined as the water supply within the basin undepleted by the activities of man. Based on that, the compact makes specific allocations to each of the three states in 14 different subbasins. The compact includes provisions for adjustments to the virgin water supply and allocations based on future records and/or changing conditions.
The compact includes provisions related to the federal government's ability to develop projects within the basin. Major federal developments anticipated by the compact were flood control projects (clearly shown as being needed following the 1935 flood) and irrigation development.
The state official in each of the three states who is charged with administering water law also administers the compact. The compact commissioners have the power to adopt rules and regulations consistent with the provisions of the compact. Rules and regulations for administration of the compact are adopted only by unanimous vote. The Republican River Compact Administration was created in 1959. Over the years, the compact administration developed and refined methods to annually estimate the virgin water supply and consumptive uses within the basin. The compact administration meets annually to report on events pertaining to the compact and to take any necessary action regarding the administration of the compact.
Federal Projects in the Basin
In May 1943, the Bureau of Reclamation and Corps of Engineers began planning and developing their projects in the basin. This occurred after congressional consent and presidential approval of the Republican River Compact. The federal projects in place today include a system of seven Bureau of Reclamation reservoirs, two Corps of Engineers reservoirs and six irrigation districts.
In addition to the federal projects, significant groundwater development has occurred in the basin. This groundwater development was at the heart of the controversy between the states of Kansas and Nebraska. Kansas alleged that Nebraska's significant groundwater use, combined with its surface water use, placed it over its compact allocation in many years.
Significance to Kansas
The Republican River and its tributaries are vital to Kansas water users. Kansas interests in the basin include:
- Groundwater and surface water rights in the upper Republican River tributaries of Northwest Kansas, including the South Fork Republican River, Sappa Creek, Beaver Creek, Prairie Dog Creek and the Almena Irrigation District.
- The Kansas Bostwick Irrigation District in Northcentral Kansas, approximately 40,000 acres irrigated from the Republican River.
- Both surface water and groundwater rights along the main stem Republican River from the Nebraska-Kansas state line in Republic County to Milford Reservoir in Clay and Geary counties.
- Milford Reservoir, including downstream users on the Kansas River.
1998 litigation and development of the Final Settlement Stipulation (FSS)
In the late 1980’s and 1990’s, Kansas raised concerns in the Compact Administration that Nebraska was using more than their share, depriving Kansas of its share, especially in dry periods. When efforts to resolve Kansas’ concerns were unsuccessful, Kansas filed suit in the US Supreme court in 1998.
The States ultimately settled in 2002, developing the jointly-developed Final Settlement Stipulation, which defined how future compliance would be determined. The development of the settlement was a collaborative effort among the States that was hailed at the time by all three states as a victory and success.
Nebraska's violation of the FSS, 2010 litigation, additional compliance actions
In the dry period 2005-2006 Nebraska overused its Compact-alloted share of the Republican River and Kansas water users were harmed. In 2010, Kansas again filed suit in the U.S. Supreme Court. In 2015 the Supreme Court found that Nebraska had violated the Compact and required it to pay Kansas $5.5 Million in damages and to take additional action to ensure compliance.
After Kansas’s 2010 filing, Nebraska took additional actions to achieve compliance including developing two augmentation projects to enhance flows in the River; offsetting overuse. Colorado also developed an augmentation project during this period to offset its overuse.