Kansas Gov. Laura Kelly and Attorney General Kris Kobach sent a bipartisan letter to Nebraska Gov. Jim Pillen objecting to a proposed water transfer between the Platte and Republican rivers that Kelly and Kobach say could lead to invasive species of carp in Kansas waterways.

“The introduction of these fish will cause irreparable ecological harm to native species and economic and noneconomic harm to the use and enjoyment of these waters, including sport fishing, commercial fishing, and recreational boating. It should be noted that Milford Reservoir is regarded as Kansas’s premier fishing destination, and many Nebraskans enjoy it every year,” Kelly and Kobach said in the joint letter.

The letter is in response to an application by the Central Nebraska Public Power and Irrigation District and the Platte Republican Diversion Interlocal Agreement Partners made up of several natural resource districts. It is before the Nebraska Department of Natural Resources.

If approved, it would allow 150 cubic feet per second of excess flow from the Platte River Basin into the Republican River Basin through a series of canals and pipelines. The proposal is designed to meet river flow minimums in an interstate water compact with Kansas.

Why Kelly and Kobach oppose it

Kansas officials have opposed the idea of the water transfer since it was originally proposed in 2018. They worry that it would make a path for invasive bighead and silver carp that have been documented in the Loup, Platte and Elkhorn rivers.

If these invasive species have a path to the Republican River, it could allow the fish to enter the Harlan County Reservoir in Nebraska and then the Lovewell and Milford reservoirs in Kansas. Milford Reservoir is popular among fishermen regionally.

“As an avid fisherman, I’m one of thousands of Kansans who enjoy our first-class lakes and waterways for fishing,” Kobach said. “I will use every tool available to keep these invasive species from harming Kansas waters.”

The carp have damaged other waterways, and the knowing importation, possession or transportation of the fish is outlawed by the federal government. In Lake Yankton in Nebraska invasive carp invaded and decimated native fish populations.

“After flooding in 2011, the lake was infested with invasive carp, and by 2014, they composed over ninety percent of the fish in the lake, necessitating the use of poison to eliminate all fish in the system,” Kelly and Kobach said.

Why some Nebraskans opposed it

The project has also been controversial in Nebraska, where some natural resource districts said the diversion could lead to water rights not being delivered to its patrons. The dispute made it to the Nebraska Supreme Court in October, where it sided with the proposed water transfer.

“I’m so pleased that the Justices agreed that our project has no potential to harm existing water right holders,”, said John Thorburn, manager of Tri-Basin Natural Resources District (NRD), after the Nebraska Supreme Court decision.  “Our project has always been intended to only divert water that no water user in the Platte Basin can use. We simply want to beneficially use water that would otherwise flow out of Nebraska.”

Proponents say the project will deliver more water to Nebraskans and generate power through hydroelectric generation.

In May, the Nebraska Department of Natural Resources held a hearing on the proposed transfer, where Kansas officials also voiced concern about the transfer.

Though the proposal is under con sideration, there is no set timeline on when a decision will be made on its approval.