Changes to NRD occupation tax procedures proposed

Members of the Natural Resources Committee heard testimony on two bills Jan. 30 that would change the way natural resources districts (NRDs) use local occupation taxes.

Currently, eligible natural resources districts may levy an occupation tax on irrigated land. Producers who opt out of irrigating can file by March 1 to be exempted from the occupation tax.

LB686, introduced by Imperial Sen. Mark Christensen, would extend the annual deadline from March 1 to June 1. Christensen said that the current timeline places undue restrictions on producers.

“[The current deadline] restricts the producer’s flexibility when it comes to managing their operation,” Christensen said. “It locks them into irrigating or not irrigating at a time when circumstances such as precipitation may change drastically after that date.”

James Meismer, representing the Nebraska Association of Resources Districts, opposed the bill, saying he believed it would lead to a significant loss of revenue.

“If this change were to occur, producers could irrigate through April and May and then request nonirrigated status to avoid the occupation tax,” he said. “They would then have the remainder of the year to grow a dry year crop.”

No one testified in support of the bill.

The committee also heard testimony on LB710, introduced by Christensen, which would require an NRD board to hold a public hearing before entering into a ground water augmentation project outside of district boundaries. The bill also would require a two-thirds vote by the board to enter into such a project.

Christensen said a hearing would increase public awareness of potential projects that could obligate millions of local tax dollars.

“I don’t want to tie their hands when it comes to managing their projects,” he said. “It’s good public policy to require a public hearing. This just provides another layer of taxpayer protection.”

Mike Delka, representing the Bostwick Irrigation District, testified in support of the bill, saying it should help to avoid conflicts between local users.

“This would encourage local solutions to local problems,” Delka said. “This requires more than a simple majority for major decisions and encourages sustainability of local water supplies.”

Upper Republican NRD Assistant Manager Nate Jenkins opposed the bill. He said it disregards the efforts of many NRDs to gather public testimony on current projects.

“We have a long, proud history of inviting and using public testimony to create public policies that are designed to preserve water resources,” he said.

The committee took no immediate action on the bills.