SENIOR FELLOW, GETCHES-WILKINSON CENTER FOR ENERGY, NATURAL RESOURCES, AND ENVIRONMENT, UNIVERSITY OF COLORADO

Ogallala Management – What Should It Look Like and How Do We Get There?

There are historical reasons and necessities for the current state of management of the Ogallala aquifer, and compelling investments and expectations have been built on its foundation. But this footing will not support the same degree of economic productivity in the areas overlying the aquifer in the future as it has in the past. If sustainability is a goal, changes must be made to better accommodate long-term reliability of both surface and ground water supplies. Because of our history of over-pumping, these changes will also cause a degree of economic disruption.

The legal framework for the existing system of water allocation in some areas overlying the aquifer is founded on two assumptions: (1) The ground water in the Ogallala aquifer is not (legally) connected to the overlying surface water, and (2) There is a fundamental right to fully exhaust the water resource that supersedes the rights of other water users affected today and the rights of users in the future. These assumptions require re-examination in light of the stress on the aquifer and acute depletion in some locations and the desire to maintain agricultural productivity in this area over the long term.

The affected state governments should come together around policies that promote sustainability and avoid the tragedy of the commons, which is what is occurring right now. An interstate compact on ground water, the first ever, should be crafted to retain the value of this unique resource, taking into account the interactions with already existing interstate river compacts and creating an equitable balance between surface and ground water users. This will require the establishment of jointly supported goals, such as transition to a safe yield, a phase-in period to ease economic dislocations, and a position on the inevitable takings claims.