20. Other Lands Out of Production

There will be a total of 274 miles of irrigation canals, their laterals and 10 pumping stations. There will be a loss to agriculture of an average of 25 acres of cropland or cattle grazing land per mile of canal on the average. That gives a total of (25 × 274) or an additional loss of 6,850 acres to agricultural production. Assuming that one-half of this land is under row crop production and the other under grazing, the loss would be about (3425 × $30/acre for crop) and (3425 × $12/acre for grazing) $143,850 lost per year to agriculture. In addition, however, many of these laterals will cross currently irrigated fields diagonally which means that twice as many turns will have to be made with equipment putting in row crops. This will be an added cost to the farmer. Our estimation is that the inconvenience will cost at least another $200,000 each year to the farmer. The total economic loss from these effects are then $343,850 per year or $34,385,000 over the 100 year period.

21. Calamus River Unique

The Calamus River is unique among Nebraska rivers in that it has a constant flow of water throughout the year. There is very little observable erosion of banks and there is no flooding. This river is fed by springs and seeps coming from the Nebraska Sandhills. As a result of its constant flow, the river remains open and remains warmer than most other rivers. This makes the Calamus an important source of winter water for ranches and for wildlife.

The Platte River becomes nearly dry in the summer months. It is only through flow from a river like the Calamus that the Platte derives water for these minimal flows. If water is diverted, from the Calamus, the Platte River may become nearly dry, thus losing a source of recreation and losing the water essential to fish and wildlife dependent upon the Platte.

22. Destruction of Uncommon Heron Rookery

There is a Great Blue Heron nesting rookery presently in a stand of Cottonwoods near the Calamus River. Heron Rookeries are not common. They are utilized year after year and serve as nesting and roosting sites and as a site from which year-old herons associate with the rookery.

The BOR claims the rookery will be protected. However, the reservoir will come so close to the cottonwood grove, that tree roots will become water soaked through a rise in ground water and a majority of the trees will die. Even though it may take several years for trees to die, the herons will be upset by an increase in human activities near the rookery and the noise from motor boats. Due to the increase in human activities, the herons will abandon the rookery. This type of environmental damage should not be allowed to go unchallenged. This type of unique wildlife area should have a price-Loss charged to the North Loup Division of $1,000,000.

23. Destruction of Kingfisher Nesting Sites

Another wildlife factor to be destroyed by the Calamus reservoir is the nesting sites for Belted Kingfishers in the high banks ranging above the Calamus. These birds require steep banks into which they can dig a nest tunnel overlooking water. This loss of wildlife habitat would be worth at least $500,000. 24. Waterfowl Winter Habitat Lost

Loss of winter habitat for waterfowl will occur in the Calamus Reservoir area. The Calamus, Gracie Creek and the small spring-fed ponds to be inundated by the Calamus Reservoir are open all year long because of the warmer temperatures of these waters. Thus, many waterfowl have a place to stay throughout the winter. With the creation of a reservoir, waters will be subjected to more surface area and thus allowed to cool and freeze in the winter months, removing an over-wintering area.

The BOR statement claims that the reservoirs will become major nesting areas for migrating waterfowl. We doubt that they will become very important in that regard. In fact, we are reluctant to see waterfowl become dependent upon transitory reservoirs, perhaps change migrating routes somewhat and then have the reservoir become non-existent many years from now. Such artificial changes in the environment may lead to extinction of portions of a population. The value of this portion of the population genetic pool could be considerable.

25. Displacement of Non-Game Birds

Most birds are territorial, at least throughout the reproductive season. This is one mechanism of limiting the population by natural means since a pair of birds require a certain amount of space as courting and nesting territory. The inundation of thousands of acres will destroy breeding habitat for at least 40 species of birds. There will then simply be a reduction in total numbers in the state and nation of species, such as Catbirds, Robins, Brown Thrashers and our state bird, the Western Meadowlark.

There will be at least 8,300 acres lost to habitat for the majority of non-game birds. For Nebraska's state bird, there will be an expected loss of one pair for at least every five acres, or a total number of 1,660 pairs or 3.320 meadowlarks. We do not know exactly how many species of non-game birds will be effected nor the numbers that will be reduced in each of their populations. However, for each animal displaced there should be a value charged between $1.00 and $500 depending upon the species, age and sex. This value will amount to at least $500,000 annually to be charged against the project. We would reserve the right to adjust this figure upward as the BOR makes the numbers available.

26. Unique or Endangered Species of Animals

As the Calamus River maintains its constant water flow and does not freeze, there probably occur some of the westernmost or easternmost geographic range extensions of animals dependent upon the open water. Furthermore, there may be rare or endangered species of animals in this region that have not been identified. We cannot give a total cost factor for this item because of lack of information presented by the BOR. However, for each unique, endangered or rare species that would be displayed, we would add a cost of $1,000,000 to the project costs.

27. Hybrids or Hybrid Swarms of Animals

Hybrids between two species are rarely found in nature. Even more rare, are the geographic regions where swarms of such hybrids occur. These types of biological associations are sometimes extremely important to the success of the species involved. Since the Calamus is a unique river, there may be hybrids or hybrid swarms existing in or near its waters. We would reserve the right to add a total cost factor to the cost-benefit ratios at such time as the BOR has completed an adequate study. For each hybrid or hybrid swarm discovered we would add a cost of $1,000,000 for each that was destroyed or displaced.

28. Unique Plants or Endangered Plant Species

One very unique plant species on the banks of the Calamus was identified by Rachel Snyder (editor-in-chief of Flower and Garden Magazine). It was (Gerardia Purpurea), a small pink flower. Miss Snyder had difficulty identifying it because most authorities do not even list it for Nebraska. Could this be the only place it exists in Nebraska or is it only very rare here? If so, it should be protected.

Since the Calamus is unique. it may have other unique or endangered plant species in or near its waters. We would reserve the right to add a total cost factor to the cost-benefit ratios at such time as the BOR has completed an adequate study. For each unique or endangered species to be destroyed we would add a cost of $1,000,000 for each.

29. Habitat Replacement is Insufficient

The BOR states they will plant 150 acres of trees near the completed reservoirs to replace the wildlife habitat destroyed. These trees will not even begin to replace the cover lost for wildlife. Furthermore, it will be at least 100 years before these trees provide the ecological niches present in the wildlife habitat removed.

30. Pesticide Effects on Water Quality-Effects on People and Wildlife The flowing waters of the Calamus do not afford mosquitoes with good breeding habitat. However, the creation of a large reservoir with a shallow water shoreline and the creation of 274 miles of canals and laterals will provide for many additional sites for mosquitoes. Mosquitoes are controlled by a variety of pesticides. Pesticides will have some effect on the reproduction in animals and will kill others. Depending on the type of pesticide used, there

will be direct or indirect effects upon the human population. For each vertebrate species killed or reproductively inhibited by use of pesticides or herbicides in the irrigation canal a cost should be charged of between $1.00 and $500.00 depending on the species, age and sex.

31. Silting In of the Reservoirs

The Calamus River bears a heavy natural silt load. This does not necessarily mean that there is heavy soil erosion. River systems have always carried silt that was deposited in other locations; thus a very slow natural change in the river valley.

We believe that the effective life span of the Calamus reservoir will be for less than the 100 years used to justify its existence. As evidence for rapid filling, the small reservoir at Burwell is a good example. This area was constructed in the 1930's and already has a remarkable change. If this reservoir is to serve as water storage or for any recreation it is going to need to be excavated.

Before the final environmental impact statement can be completed or the final cost-benefit ratios can be finalized, there should be an adequate assessment of the number of years the reservoir would last. Obviously, the reservoir will be functional for less than 100 years. Thus, the benefits, if any, will be less than the BOR has anticipated.

32. Possible Archeological and Paleontological Losses

There have been no studies by the BOR to adequately discover whether there are past Indian cultural materials or valuable fossils in the proposed area to be inundated by the reservoirs, canals or laterals.

There is a Federal Antiquities Act protecting citizens of our country from loss of archeological sites by prohibition of projects that would destroy such sites. The Environment Protection Agency also affords this type of protection. As the archeological and paleontological values of this site have not been assessed, no authorization should proceed. Further, we reserve the right to add other costs to the project until such time as these studies have been adequately completed by the BOR.

33. Loss of Excellent Canoeing River

As the Calamus retains its constant flow of water from springs and seeps all year long, and as it is in semi-wilderness setting, it provides an excellent river to canoe or for float trips. There are few rivers that offer this type of opportunity.

Most humans need the opportunity to return to such areas, free from motor boats and the crowded atmosphere of many public recreation areas. Thus, this river will be of increasing value as a source of quiet, peaceful recreation.

There has been no cost assessed against the North Loup project for loss of this valuable free-flowing canoeable river. We would assess $1,000,000 per mile for this loss. As there will be some 13 miles of river effected, the cost will be $13,000,000.

34. Loss of Trees and Shrubs

The Bureau of Reclamation has not placed in the Environmental Impact Statement or in the Cost-Benefit ratio of the project the numbers of trees and shrubs to be lost by inundating the Calamus River Valley. There are several species of trees representing harvestable timber such as Cedar, Chinese Elm and Cottonwood. We would estimate at least an average of 480,000 board feet for each of these species for a total of 1,440,000 board feet. At an average price of about $.25/board foot the value of the lumber would be about $360,000. These values however, neglect the smaller trees and also neglect the permanent value as windbreaks for cattle and as cover for wildlife. We would reserve the right to place a value individually upon each tree and shrub at such time as the Bureau of Reclamation makes these figures available. We are certain that these values will be in excess of $1,000,000 in losses as a result of the North Loup Project.

35. Effects of North Loup Division Project on Calamus and Downstream River Flows

The Environmental Impact Statement provided by the Bureau of Reclamation appears to offer two alternatives:

A. The 1962 feasibility report plan, did not limit withdrawals of water for

irrigation during the critical summer months and would decrease the estimated construction costs by 5.6 million.

B. A 1971 Reevaluation Statement by BOR "to provide that the natural flows of the North Loup and Calamus Rivers will not be diverted for Division purposes during July and August and during September when storage water is available to meet Division needs." The statement goes on "The cost of the additional facilities required for the modified plan adversely affects the economic justification of the proposed development."

As this document showed earlier, there will be considerable economic losses downstream if the flows are diverted during the summer months. Further, the BOR statement about not diverting water when storage water is available, is no at all acceptable. Either, the BOR is going to guarantee a certain amount of flow or it is not going to. There is no way to give a proper environmental impact statement evaluation until the cubic feet per second (cfs) are shown for the average, maximum and minimum flows for each month of the year. This information has not been provided by the BOR.

If water is not diverted from the river during the summer, the Calamus reservoir water levels may drop as much as 10-15 feet in one summer depending on the evaporation rate from reservoir surface and amount of natural precipitation. This type of fluctuation in reservoir water levels will destroy the recreational benefits.

36. Court Ruling in Nebraska Effecting the Legality of the North Loup Division

In a court case of Osterman vs. Central Nebraska Public Power and Irrigation District. (29780), Filed June 29, 1936 in Nebraska, the court ruled in part that: "But, an additional reason for awarding these riparians the right to appear in this present proceeding is to be found in their situation. A peculiarly valuable portion of their lands is the subirrigation which, as we have seen, nature constituted a part thereof. While subterranean channels may not exist or be completely identified, these subterranean waters come to and flow under their lands from definite sources and en route to definite termini. The lateral boundaries of this body of water may not be certainly located, but its existence as a body of water finding its way through the soil of the riparian land, is completely established. We are committed to the rule: "The owner of land is entitled to appropriate subterranean waters found under his land, but his use thereof, must be reasonable, and not injurious to others who have substantial rights in such waters." Olson vs. City of Wahoo, 134 Nebraska 802, 248 N.W. 304."

Several other sections of this ruling deal with the same subject. In other words, water may be used for irrigation, but may not be diverted to the watershed of another stream. There will be some diversion in the North Loup project to the watershed of the Middle Loup. Furthermore, there is no guarantee of an adequate flow of water down the Calamus and North Loup to replenish the subirrigated wet meadows and alfalfa so important to agriculture for production of hay for an economy dependent on ranching and feeding operations.

Thus, if this project were authorized by the United States Congress, it would be superimposing authority over Nebraska Law.

37. Loss of Acres to Agriculture

In total, the North Loup Division will take out of production at least 19,405 acres of row crop, alfalfa, and other hay and grazing lands.

Total acres lost to agriculture (at least)

(These figures from the Environmental Impact Statement.)

5,150

3.750

1,145

2,510

6,850

.--19,405

There may be as much as 5,000 additional acres out of production around the two Reservoirs by the time all of the easements are purchased. At best, there will be 25,000 acres remaining in the district that could be irrigated. This is because many farmers have already installed central-pivot irrigation or are planning to install them in the near future. Furthermore, there are many small acreages such as five or ten acres plots that appear on the irrigation district map that would not be irrigated or farmed with current types of agriculture practices. It would simply be a very inefficient operation.

In terms of farmer benefits, central pivot irrigators are capable of providing water to lands with a greater slope and over rougher terrain than the gravity feed systems from lateral canals. Farmers are forced to invest more money in land leveling activities which decreases their margin of income.

In conclusion, it appears very inappropriate to lose 19,405 acres for any agricultural production while producing water for less than 25,000 acres of suitable irrigable lands.

38. Interest Rate Makes Project Infeasible

One of the most important costs to taxpayers is a result of interest rates. We have not been provided with the interest rate charged to the project in the draft environmental impact statement. However, we have learned that the project has been justified by BOR at the 34 percent rate. The rate should be set at current values. We realize, however, that these types of project have so few, if any benefits, that interest costs that other citizens pay would make the project costs far outweigh the benefits.

The 34 percent rates used in the feasibility reports by the Office of Management and Budget are the result of an administrative decision. We believe that this administrative decision was a major error and that the OMB should reconsider this aspect of the project feasibility.

SUMMARY OF SOME COSTS NOT CONSIDERED IN THE FEASIBILITY REPORT OR THE ENVIRONMENTAL IMPACT STATEMENT

The reevaluation statement for the North Loup Division by the BOR in Table 5, page 40, shows total annual cost of $2,915,000 and the total direct