Groundwater Management

Regulations proposed for portions of Cuming, Colfax, and Dodge Counties, due to rising nitrate levels

Do you know what’s in your water?  High nitrate in your drinking water can pose health risks for you and your family.  Rising levels of nitrate have been detected in portions of Cuming, Colfax, and Dodge Counties.  A virtual meeting was held on Dec. 17, 2020 to discuss the protective measures proposed for these counties.

A recording of the webinar is available to view. CLICK HERE and use the passcode: ?PE4HaCU

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Groundwater Management Area

The Lower Elkhorn NRD has established groundwater management areas to improve and protect groundwater quality in the district.

"This will be accomplished by minimizing the impact of agricultural chemicals on groundwater by encouraging, and in some cases requiring, the use of wise management practices," says Brian Bruckner, LENRD Assistant Manager.

One of the major components of a groundwater management area is a phased approach of regulation that requires varying degrees of reporting and best management practice use.

According to Bruckner, each phase has a unique set of requirements for farmers. They are as follows:

Phase Boundaries

Phase 1 -- Areas that are not designated as either Phase 2 or Phase 3.

Phase 2 -- Areas that have from 50% to 90% of the Maximum Contaminant Level for a contaminant (5 to 9 ppm of nitrate-nitrogen), or are vulnerable to groundwater contamination, or have vadose zone contamination that indicates a potential for groundwater contamination, or are in the recharge areas for public supply wells, or are areas with similar soil and land use conditions as an existing Phase 2 or 3 area. Phase 2 areas must be a minimum of 10 square miles in size.

Phase 3 -- Areas with greater than 90% of the Maximum Contaminant Level for a contaminant (9 ppm of nitrate-nitrogen), or are vulnerable to groundwater contamination, or have vadose zone contamination that indicates a potential for groundwater contamination, or are in the recharge areas for public supply wells, or are areas with similar soil and land use conditions as an existing Phase 3 area. Phase 3 areas must be a minimum of 10 square miles in size.

Phase 1 Controls

  1. Persons installing new or replacement wells with a capacity greater than 50 gallons per minute must obtain a permit from the NRD.

  2. The district will encourage operators to attend certification classes for fertilizer and irrigation water management, to perform deep soil testing for residual nutrients, to test irrigation water for nutrients and to submit an annual report of fertilizer application to the district.

  3. The district will also encourage operators to use nitrification inhibitors or split application of nitrogen fertilizers and to not apply nitrogen fertilizer in the fall or winter.

Phase 2 Controls

  1. All Phase 1 requirements

  2. Fall and winter application of commercial nitrogen fertilizer is prohibited between October 15 and March 15 (Nitrogen fertilizer is defined as a chemical compound in which the percentage of nitrogen is greater than the percentage of any other nutrient in the compound and, when applied, results in an average application rate of more than twenty-five (25) pounds of nitrogen per acre over the field to which it is being applied.

  3. Operators who apply commercial nitrogen must be certified by the LENRD (CEU’s every four years).

  4. Deep soil sampling (24 inches) in fields planted to continuous corn (Each sample should represent no more than 80 acres).

  5. Irrigation water sampling once every four years.

  6. Any single application of commercial nitrogen fertilizer in excess of 80 pounds per acre is prohibited.

  7. Require use of LENRD approved nitrogen inhibitor or stabilizer if applying more than 50 pounds of commercial nitrogen in any single application (after March 15) and provide documentation to verify use along with proper application rate.

  8. Submit annual field reports to the LENRD by March 15th of each calendar year (online reporting).

Phase 3 Controls

  1. Continue all Phase 2 Area controls.

  2. Deep soil sampling (24 inches) in all fields planted to corn (regardless of crop rotation) (Each sample should represent no more than 80 acres).

  3. Nutrient Management Plan required.

  4. Utilize irrigation scheduling method that is acceptable to the LENRD.

  5. Annual irrigation water sampling.

Phase 4 Controls

  1. Continue Phase 3 requirements.

  2. Nitrogen application rate not to exceed rate calculated using LENRD methodology.

  3. Compliance with district approved crop rotation plan.

  4. Required use of cover crops.

  5. Provide receipts and supporting documentation to verify fertilizer purchases, application amounts and crop production history.

Recommended Management Measures

  1. Flow meters are required on all wells (see list of approved flow meters).

  2. Eliminate fall and/or winter fertilizer application or include the use of a nitrification inhibitor.

  3. Spring applications of commercial fertilizer should be split (preplant and sidedress) or include a nitrification inhibitor.

  4. Analyze contaminant sources such as manure

  5. Prepare and implement a plan for manure disposal

Reasoning for Management Phases

"The use of several phases allows the district to adapt different requirements to assorted conditions," Bruckner says. "The requirements for an area may change, either becoming more strict when conditions worsen or lenient when conditions improve," Bruckner added.

The designated boundaries for the phases of the groundwater management area may follow either natural or political boundaries. The boundaries may be drawn around existing problem areas or potentially vulnerable areas.

Bruckner says that determining the mechanism for boundary setting is a very important part of establishing a groundwater management area.

The combination of controls required in each phase should address the problems associated with that phase of the project and will be voted on by the board.

Public comments on the groundwater management plan are welcome at any time. Please contact the district if you would like additional information on this issue or would like a district representative to speak to your group.

Changes to Groundwater Management Area in Pierce & Madison Counties approved in August 2019

The LENRD has been monitoring the groundwater across their 15 counties for over 40 years.  In the early ‘90s, a Groundwater Management Plan was established to protect the resource for future generations.  As the monitoring continued, elevated levels of nitrates were detected in portions of Pierce County.  The initial Groundwater Management Plan contained language that informed both the Board of Directors and the general public, of the triggers and potential controls that could be imposed within a Groundwater Management Area, using a phased approach to managing the resource.  Years have passed, and the nitrate levels in some areas are not declining, and additional portions of the District are experiencing elevated groundwater nitrates, including northern Madison County, even with Best Management Practices in place.  High nitrates in our drinking water can have negative health impacts, and some communities within the area have been required to invest significant financial resources to upgrade their infrastructure in order to deliver a safe, reliable source of drinking water.  Therefore, the LENRD approved the changes to the Groundwater Management Area in an effort to keep the nitrate levels from increasing.

Map

Phase Area Controls

Fact Sheets

Subarea Information

Integrated Management Plan

Being proactive in the conjunctive management of  groundwater and surface water is what led the Lower Elkhorn Natural Resources District (LENRD) Board of Directors to implement a voluntary Integrated Management Plan (IMP) for the protection of the resources.  The citizens of the LENRD depend on abundant water resources for domestic, agricultural, and industrial uses, all of which contribute to the economy of the district.  Water resources are also important for wildlife habitat and recreational uses such as fishing, hunting, boating, and swimming.

In early 2012, the LENRD board took action to initiate development of a joint voluntary IMP with the Nebraska Department of Natural Resources (NDNR), to provide a needed framework for wise, long-term management of finite water resources.

In 2013, the NDNR and the seven NRDs that make up the Lower Platte River Basin, formed the Lower Platte River Basin Coalition.  The Coalition’s mission is to coordinate efforts to protect the long-term balance of the Basin’s water uses and water supplies.  A primary action of the Coalition was to voluntarily develop a Lower Platte Basin Water Management Plan, which was adopted by all parties as of January 10, 2018.

The LENRD continued to move forward with their individual plan, and developed a Stakeholder Advisory Committee consisting of representatives from: Agriculture, Industry, Public Water Supply, Domestic well owners, Environmental, as well as County and City officials. This Committee met in 2014 and 2015 to help prioritize goals and action items of the IMP.  The district continued to work with the NDNR to develop a working draft over the next several years.

The NDNR and the LENRD jointly held a public meeting to discuss and answer public questions on the IMP on August 9, 2018.  A public hearing was then held on August 23, 2018, where public testimony on the final version of the plan was recorded.  After reviewing the testimony, the LENRD board voted to approve the IMP at their September 27, 2018 board meeting.

LENRD Assistant Manager, Brian Bruckner, said, “The purpose of this voluntary IMP is to achieve and sustain a long-term balance between water uses and water supplies.  Protection of existing users is also a major factor since there is still available water in the Basin, and the District is continuing to add new users on an annual basis. This will be achieved through coordinated management of hydrologically connected groundwater and surface water resources.  The voluntary IMP is considered a proactive approach to protecting available water supplies to better ensure that the resource will be available for future generations and also makes the District eligible to apply for grant funding through the NDNR Water Sustainability Fund.”