*4.5. Graduated Sanctions*

The GWMPA identifies a variety of sanctions on individual water users for noncompliance with its mandates (see, e.g., Neb. Rev. Statute §46-746). The NRD was in the early stages of implementing its IMP during this study, including monitoring for compliance with ground water controls. Nevertheless, the NRD adopts the IMP, including the moratorium on ground water use, in consultation with local users and stakeholders. Thus, local monitors are familiar with the individuals and circumstances of the infraction. In fact, several interviewees pointed to the IMP and the importance of enforcement as a hedge against further restrictions on ground water use.

Interviewees had little more to say about sanctions, partially because the ten-year timeframe to review progress towards plan goals had ye<sup>t</sup> to occur. As the first increment of the current IMP was due at the end in 2019, it is possible that developments in regard to non-compliance and sanctions may emerge after the formal technical analysis of plan progress is completed. As discussed previously, there were concerns that the statutory framework of the GWMPA failed to address the effects of ground water depletions on prior (surface water) appropriations that predated the 1997 benchmark in the law.

**Mandatory IMP Interviewee #1.** "The way the law is set up, this first increment, which is 10 years, is that we will ge<sup>t</sup> back to 97. So the triggers you see are built to ge<sup>t</sup> back to 1997. But there are still shortages in the system just because we are still ... well you have drought anyway, and you have wells that have existed before 1997 that are impacting the system as well, and those are not at this point being addressed. The interests in the part of the surface water parties is that those should all be addressed right away. But the plan isn't set up that way, its set up to do it in incremental fashion, so there is conflict and tension going on there. So it's not that there isn't a shortage, it's that we don't have to address all the shortage right now".
