Natural Resources Committee

March 5, 2025

Committee Chair: Sen. Tom Brandt | Bills Heard: 1 | Full Transcript (PDF)

LB695: Flood protection measure for Battle Creek requiring dam and levee system

Introduced by: Sen. Robert Dover | Testimony: 5 proponents, 2 opponents, 2 neutral | Read bill text (PDF)

Senator Dover's LB695 would mandate Lower Elkhorn NRD to build a dam and levee system to protect Battle Creek from recurring floods, but the committee heard deep skepticism about legislative intervention in local water management.

Why it matters: Battle Creek has flooded three times since 1990, most catastrophically in 2019, forcing evacuations and causing $40,000+ in individual property damage. The 2019 flood also damaged bridges and disrupted major Norfolk employers like Nucor, costing tens of millions in business losses. Yet the NRD has studied the problem for decades without acting.

What they're saying:

Proponents: The city has spent $500,000+ on drainage projects addressing only 750 acres of a 57,000-acre watershed—a problem only the NRD can solve. Engineering firms JEO and Houston have completed studies recommending a dam-levee solution. Federal funding through NRCS is available but requires NRD action. "It's not a question of if, but when" the next flood hits, said former city council member Joe Barry, who lost 15 cattle and $40,000 to the 2019 flood.

Opponents: The bill constitutes unconstitutional special legislation targeting one community and creates an unfunded mandate. NRD General Manager Brian Bruckner testified the district is actively working through proper process; a plan will be completed this calendar year, with board decision to follow. Even if the bill passes, realistic construction timeline is 5+ years—barely different from the NRD's current trajectory. Former NRD board member John Hansen warned the proposed dam site has poor geography: a broad, flat valley that would create a shallow reservoir flooding significant farmland upstream.

By the numbers: Battle Creek's watershed covers 57,000 acres. The proposed reservoir would be roughly 972 acres. The project carries a $58 million price tag. The NRD has $3.5 million in a sinking fund; the city can bond up to $4 million. Online comments: 1 proponent, 11 opponents, 0 neutral.

What's next: No vote was taken. Sen. Dover indicated he will keep the bill in committee, hoping the NRD board votes to proceed with the dam-levee plan when it meets later this year. He suggested a possible amendment creating a local oversight board mechanism if the NRD fails to act. The Lower Elkhorn NRD expects to present its plan to the board by year-end.

Committee sentiment:   Supportive: Sen. Margo Juarez   Skeptical: Sen. Mike Moser, Sen. Jane Raybould, Sen. Stan Clouse, Sen. Jana Hughes   Unclear: Sen. Barry DeKay, Sen. Danielle Conrad

Sentiment estimated from questions and comments — not stated positions.

Session Notes

The Natural Resources Committee held this hearing in a space tighter than the usual hearing room. Committee Chair Brandt noted that committee members may come and go during hearings due to bills being introduced in other committees. The hearing was rescheduled to allow representatives from Battle Creek to attend. Online written position comments were submitted: 1 proponent, 11 opponents, 0 neutral. No vote was taken on LB695.

Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.