The Lower Elkhorn NRD has established a Groundwater Management Area to improve and protect groundwater quality in the District. The goal is to minimize the impact of agricultural chemicals on groundwater by encouraging, and in some cases requiring, the use of wise management practices.

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. 

Phase Boundaries and Controls

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 Controls

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 Managment Measures

  1. Flow meters are required on all wells
  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. Requirements for an area may change, either becoming stricter when conditions worsen or lenient when conditions improve.

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.

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.

Triggers & Phase Area Requirements

Current Phase Areas

Proposed Phase Areas

Groundwater Management Area Factsheet