The mediator appointed by the U.S. Supreme Court for the dispute between Kansas and Nebraska over flows in the Republican River has issued a draft report that generally sides with Nebraska.

Kansas is asking for $80-million dollars in damages for Nebraska using more than its share of water under the 1943 Republican River Compact, but Special Master William Kayatta recommends that Nebraska pay just $5-million.

He also recommends that the request by Kansas for future water restrictions for Nebraska…including sharp reductions in irrigation wells…be denied.

The 100-plus page draft report is subject to additional changes. Lawyers for both states will have the chance to comment on the recommendations on later this month on the 24th. Kenyatta’s final recommendation will go to the Supreme Court.

Nebraska Attorney General Jon Bruning says he thinks the $5 million recommendation is still too high, but is generally encouraged by Kenyatta’s draft recommendations…calling them a “a positive step for our basin irrigators who have worked hard to keep Nebraska in compliance with the compact on an annual basis since 2007.”

Bruning also liked that Kayatta’s recommendation denial of all other requests for relief from Kansas…including that Nebraska to be found in contempt, sanctions, injunctive relief, sanctions and appointment of a special river master.

Kansas officials were not immediately available to offer their reaction to Kayatta’s draft report, and there was no statement posted on the Kansas attorney general’s website late Wednesday afternoon. The full report is available for viewing at http://www.pierceatwood.com/docketfiling.aspx