An arbitrator says Nebraska should only have to pay Kansas $10,000 for overusing Republican River water in 2005 and 2006, but possible court action could lead to a bigger bill.

Kansas had originally sought about $72 million. In recent months, it lowered the figure to $9 million after the arbitrator said the state could only seek damages for what it suffered, not payment for what Nebraska gained.

Nebraska Attorney General Jon Bruning said, “Nebraska is very pleased by the arbitrator’s award which finds actual harm to Kansas was nominal. The award represents a fraction of the original $72 million demand.”

But the arbitrator says actual damages may be several million dollars.

He said in the report that he recommended just $10,000, because Kansas did not provide enough evidence that it was owed millions.

The recommendations are not legally binding. Combined with the recommendation Nebraska pay just $10,000, chances are likely that the dispute will wind up in court.

In his final report released late Tuesday night, arbitrator Karl Dreher also said Nebraska should not have shut down wells providing water to about half the irrigated acres in Nebraska's portion of the Republican River basin, as requested by Kansas.

But he did recommend irrigation be reduced in the basin.