Attorney General and Governor of Kansas call on Nebraska to ban water transfer via carp
Kansas Governor Laura Kelly and Attorney General Kris Kobach have sent a bipartisan letter to Nebraska Governor Jim Pillen objecting to a proposed water diversion between the Platte and Republican Rivers, which Kelly and Kobach say could introduce invasive carp species into Kansas waterways.
“The introduction of these fish will cause irreparable ecological harm to native species and economic and intangible damage to the use and enjoyment of these waters, including sport fishing, commercial fishing and recreational boating. It should be noted that Milford Reservoir is considered Kansas’ premier fishing destination and many Nebraskans enjoy it each year,” Kelly and Kobach said in the joint letter.
The letter is in response to a request from the Central Nebraska Public Power and Irrigation District and the Platte Republican Diversion Interlocal Agreement Partners, which are comprised of several natural resource districts, and is on file with the Nebraska Department of Natural Resources.
If approved, the plan would allow 150 cubic feet per second of excess flow from the Platte River basin to the Republican River basin through a series of canals and pipelines. The proposal is designed to meet minimum flow rates in an interstate water agreement with Kansas.
Why Kelly and Kobach are against it
Kansas officials have opposed the water diversion idea since it was first proposed in 2018, fearing it would create a route for invasive bighead and silver carp, which have been found in the Loup, Platte and Elkhorn rivers.
If these invasive species find a way to the Republican River, the fish could enter the Harlan County Reservoir in Nebraska and then the Lovewell and Milford Reservoirs in Kansas. The Milford Reservoir is popular with anglers in the area.
“As an avid angler, I am one of thousands of Kansas residents who enjoy our world-class lakes and fishing waters,” Kobach said. “I will use every tool available to prevent these invasive species from harming Kansas waters.”
The carp have also damaged other water bodies, and the intentional importation, possession, or transport of the fish is prohibited by the federal government. Invasive carp have invaded Lake Yankton in Nebraska and decimated native fish populations.
“After the 2011 flood, the lake was infested with invasive carp, and by 2014 they made up over 90 percent of the fish population in the lake, requiring the use of poison to eradicate all fish in the system,” Kelly and Kobach said.
Why some Nebraskans opposed it
The project is also controversial in Nebraska. Some natural resource districts said the diversion could result in water rights not being passed on to customers. The dispute reached the Nebraska Supreme Court in October, which ruled in favor of the proposed water diversion.
“I am so pleased that the judges agreed that our project has no potential to harm existing water rights holders,” said John Thorburn, manager of the Tri-Basin Natural Resources District (NRD), after the Nebraska Supreme Court’s decision. “Our project has always been designed to only divert water that no water user in the Platte Basin can use. We simply want to profitably use water that would otherwise flow out of Nebraska.”
Proponents say the project will provide Nebraska residents with more water and generate hydroelectric power.
In May, the Nebraska Department of Natural Resources held a hearing on the proposed relocation, where Kansas officials also expressed concerns about the relocation.
Although the proposal is currently under review, there is no fixed timetable for when a decision on its approval will be made.
