2006
Week #6
February 10, 2006

Hi

How is a bill shaped and decided? Questions from the public often illustrate the confusion about the swirl of unwritten protocol and noisy opinions, many of which distract from the content.

To focus my comments I will take one bill and identify a few of the factors in the whirlpool that surrounds it. My comments are not intended to support or diminish the bill itself. LB 1121 simply serves my purpose.

LB 1121 proposed a study of creating a large lake along I-80 between Lincoln and Omaha. The bill, incidentally, was killed in my committee immediately after the hearing.

1. First, an idea. For years, questions have been asked: would not it be fun to have a large lake in eastern Nebraska comparable to Lake McConaughy in the panhandle? More people live here and would use it. We could increase investment through lakeside property. Add recreation. Increase incomes in the area and help the state budget. Generate some hydro electric power at the dam. Hold back some water that flows to the Gulf of Mexico.

2. Testing an idea. These thoughts are banged around in coffee shops and in Chambers of Commerce. Two studies had been paid for, to try to get a plan which might float.

3. Shaping the bill. Previous studies indicated a like could cost as much as $3 billion, so a very professional study must be authorized and funded. A clear plan helps promoters sing from the same page and investors become very specific. In this case, three plans have already been floated, with maps. #1 would place a dam across the Platte, with a short dike protecting the town of Ashland. The reservoir is to the north going about 18 miles from the edge of Ashland past Elkhorn. #2 would have a dam about 3 miles north of Ashland, going west from the rest area hill, with a ten mile reservoir. #3 was not a study, but one person's drawing of a lake from Waverly to the Yutan highway, or nearly 30 miles. The bill proposed spending $3 million to look at the options and choose a feasible plan.

4. The press creates public reaction. In this case, the map chosen was #3, which would drown half of the town of Ashland, moving it to a hill west across the lake.

5. Who likes/dislikes it? The residents of Ashland felt the map in the paper was such a threat they had to respond with "save Ashland" signs, t-shirts, town meetings. In letters to me, no reference was ever made to other options the planners might choose. Chambers of Commerce in several small towns quietly liked the possibility of a lake lapping at their "shores" and the wealthy in Lincoln and Omaha were supposedly pleased to have the option of living on a lake front. Two wrote. The water departments of both cities were upset as their well fields would be under water.

(Note, on another bill that got managed by a picture in press coverage. The bill was to request counties to consider merging and gave five factors that should be a part of their consideration and the vote in each county. The press included a map of which counties might be helped by this consideration. I received a fiery letter that this bill is to authorize the state to force merger without a vote. Folks saw the map but did not read the print. These examples are not criticism of the press, who obviously were given the maps.)

6. Who should testify in favor? The bill's sponsor can choose. Would a Chamber rep help or hurt? Would environmentalists help or hurt? Would a world-class boating enthusiast help the dream?

7. Practical Nebraska minds. We do not wait for a study to ask plain questions. Since most dams are in a large V-shaped canyon, how will a dam work in a broad valley? (Answer, which comes in the hearing: for the two large options, it would take a dam at least 70 feet high, running about four miles. My mental image of a lake alongside of I-80 in the Platte Valley is replaced by a tall long wall.) What is the soil quality and would it hold water? How long would it take to fill this lake with silt from the farms? Have soil conservation practices progressed to the point that little silt is washed? If so, how come the water is not clear?

8. What will happen on "the floor" of the Legislature? We are not rational beings. Senator Raikes will have half of his farm under water and jokes at a dinner suggested he could experiment with underwater cattle feeding. Citizens in the panhandle were furious that the state would consider spending money on a lake in the east end, when they need more lakes, and storing water in the west end would recharge the whole state. They spoke openly of their disdain for "Omaha Doctors" who want it for their playpen. ( I do wonder about attorneys, architects and plumbers who are also highly paid, but they are never mentioned.) Plus, we really do not have any extra money this year. Others pointed to the value of an investment that could pay off big down the road.

9. Plus, we are fed bits and pieces of thought that come from emotion and opinion far more than from rational thought. Is not a "study" the clever way to get the camel's nose under the tent? This could create a fight over water rights. The town of Ashland will be frozen during the study, as no one will invest there. The town of Ashland will boom because everyone will be investing in a winner. Wildlife wetlands will be crowded out/will be increased. We will lose land that produces food/ produces livelihoods/produces dollars for the Nebraska economy. We will add to the world oil shortage, with less corn for ethanol. Also, water craft are notorious for using too much gas. We will cover up some of Route 6, a national historic highway. We will flood pioneer sites. This would reduce tourism to western Nebraska, where we would no longer have to go. Sand and gravel pits would be flooded. Probably another try for a casino. Lawsuits would be never ending, giving money to rich lawyers. This is taking land without eminent domain.

As one sits in committee these are the arguments, factors and comments that float in your head. They really do not compare to each other. Since we do not have the money, the decision was made easier. (Private investors may come back with a smaller plan. If they do it right -- a big if -- and if they are patient, there is clearly a big pay back.)

As the song goes, "Gonna' take my harp and sing, down by the riverside....."

Lowen