Developing and maintaining an institutional framework that val- ues learning not only has the potential to promote knowledge and strengthen accountability, but also to facilitate deliberation among agency personnel, stakeholders, and policy makers so that tradeoffs between management strategies can be identified and taken into con- sideration.210 In order to engage in effective adaptive management
programs, organizations must have the ability and the incentive to identify and pursue opportunities for learning that will improve man- agement.211 Further, there must be systematic data collection and
evaluation and a steady flow of data sharing between agencies.212
Directed learning is possible under Nebraska’s institutional struc- tures for managing water resources213 and, to a significant extent, it
is occurring. First, all IMPs are required to incorporate a “plan to gather and evaluate data, information, and methodologies” that could be used to implement surface and groundwater control mechanisms, increase understanding of hydrologically connected surface and groundwater resources, and “test the validity of the conclusions and information upon which the IMP is based.”214
In addition, for overappropriated basins that cover more than one NRD, LB 962 requires the DNR and the affected NRDs to adopt an iterative assessment process to measure progress toward the IMP’s goals. They must take an incremental approach to achieve the goals and objectives of the statute (i.e., a water balance) and, during the ten years following the adoption of each incremental step, must “conduct a technical analysis of the actions taken in [each] such increment to de- termine the progress towards meeting the goals and objectives . . . .” Specifically:
The analysis shall include an examination of (A) available supplies and changes in long-term availability, (B) the effects of conservation practices and natural causes, including, but not limited to, drought, and (C) the effects of the plan on reducing the overall difference between the current and fully ap- propriated levels of development. . . . The analysis shall determine whether a subsequent increment is necessary in the integrated management plan to
210. Camacho, supra note 154, at 1453. 211. DOREMUS ET AL., supra note 152, at 12.
212. Id.
213. NEB. REV. STAT. § 2-3232 (Reissue 2007) states:
Each district shall have the power and authority to: (1) Make studies, investigations, or surveys and do research as may be necessary to carry out its authorized purposes . . . for the purpose of conducting such stud- ies, investigations, surveys, and research, and publish and disseminate the results . . . To avoid duplication of effort, any such studies, investiga- tions, surveys, research, or dissemination shall be in cooperation and co- ordination with the programs of the University of Nebraska, or any department thereof, and any other appropriate state agencies . . . . 214. NEB. REV. STAT. § 46-715(2)(e) (Reissue 2010).
meet the goals and objectives . . . and reduce the overall difference between the current and fully appropriated levels of development. . . . If necessary, the steps . . . shall be repeated until the department and the affected natural re- sources districts agree that the goals and objectives . . . have been met.215
In addition to expertise at the state level, many NRDs have their own technical staff that, to varying degrees, includes hydrologists, soil scientists, and foresters.216 State, federal, and local agencies have the
opportunity to draw upon each other for data and expertise, and can collaborate on research initiatives involving educational institutions, agencies, and a variety of other organizations. To date, there are sev- eral examples of ongoing research-oriented projects. One of the most notable is the Platte River Cooperative Hydrology Study (COHYST), a collaborative effort between Nebraska, Wyoming, Colorado, and the Department of the Interior to improve hydrological and geological un- derstanding of the Upper Platte River Basin and to help meet the objectives of the Platte River Recovery Program.217
Further, the state has recently launched a new program, the Inte- grated Network of Scientific Information and GeoHydrologica Tools (INSIGHT), to provide water managers and the public with a one-stop shop for water related data.218 The main objective of the INSIGHT
program is to “aid water managers in understanding current and fu- ture demands, evaluating the effectiveness of water management strategies, and assessing the most critical areas of water shortage.”219
There are also a multitude of collaborative groundwater modeling ef- forts throughout the state, including the Republican River Model, the COHYST model and the Western Water Use Model in the Upper Platte River Basin, as well as models for the Elkhorn, Loup, Lower Platte, Lower Niobrara, and Blue Basins.220
The institutional expertise and capability of Nebraska’s water re- source institutions, combined with the ongoing technical efforts un- derway in partnership with other state and federal entities, offer support for directed learning and implementation of more adaptive approaches towards water resources management. Moreover, the
215. NEB. REV. STAT. § 46-715(5)(d)(iii)–(v) (Reissue 2010).
216. Id. The extent to which each NRD can employ valuable technical, scientific, and administrative support staff is largely dependent on the financial resources of the particular NRD, which varies from district to district. Revenue generated from taxing irrigated acres means that districts with a larger number of irrigated acres will likely have a larger financial resource basis from which to hire staff. 217. See Platte River Cooperative Hydrology Study, NEB. DEP’T OF NATURAL RES.,
http://cohyst.dnr.ne.gov/ (last visited Oct. 23, 2012). For details on the Recovery Plan, see supra notes 113–14 and accompanying text.
218. Stephanie Ashley et al., An Integrated Network of Scientific Information and Ge-
oHydrologic Tools, WATER MATTERS, Sept. 2011, at 1–2, available at http://dnr.ne.
gov/IWM/WaterMatters/WaterMatters_No6.pdf. 219. Id. at 2.
NRD managers and staff have the unique capability of communicating research goals to the local community, which can build support and add legitimacy to projects while also serving as a means of obtaining local knowledge to inform research efforts.221 However, these initia-
tives could be improved and reinforced by implementing a comprehen- sive and standardized state-wide water use monitoring and reporting program to aid scientifically-based decision making. Currently, only a small percentage of NRDs require groundwater users to install meters to monitor water use.222 This is regrettable, for “[o]ne of the keys to
good water regulation and management depends on having accurate information about water use on which to base decisions.”223