KWA Archives - Kansas Water Resources Consulting

Catching up on news from the last quarter of 2022, this issue highlights the renewal of both Local Enhanced Management Areas (LEMAs) of Northwest Kansas Groundwater Management District (GMD) No. 4 and the action of the Kansas Water Authority (KWA) in December to adopt a new policy recommendation on the Ogallala.

The Sheridan 6 and the GMD4 Local Enhanced Management Areas (LEMAs) both renewed for 2023-2027

2022 was a big year for LEMAs. In addition to Western Kansas GMD 1 proposing its new Four County LEMA, Northwest Kansas GMD No. 4 (GMD4) had renewal hearings for both its existing LEMAs.

The renewal hearings for GMD4’s two LEMAs were held on July 26 and 27, 2022. Both LEMAs were proposed to continue on largely the same terms as they current exist for an additional five years. The orders, testimony, and related materials for these proceedings can be accessed via the first link above.

On October 14, 2022, the Chief Engineer issued his order of Decision and Designation for the Sheridan 6 LEMA, approving GMD4’s Management Plan for the LEMA, keeping it in place for another five years, from January 1, 2023, through December 31, 2027. The Sheridan 6 LEMA covers about 100 square miles of Sheridan County and a small part of adjoining Thomas County. In short, irrigation lands will again be allocated 55 inches per irrigated acre for the coming 5 years. For more: See DWR’s link above and/or GMD4’s web page for the Sheridan LEMA at http://gmd4.org/SD6.html.

Similarly, on November 22, 2022, the Chief Engineer issued an Order of Decision and Designation approving the GMD4’s Management Plan for the GMD4 (District-wide) LEMA, keeping it in place for another five years, from January 1, 2023, through December 31, 2027. The GMD4 LEMA covers the entire GMD4 except for areas of stable water levels, generally on the fringe of the district. Allocations vary according to the rate of groundwater declines in the township, with more restrictive allocations in areas of greater decline. For more see DWR’s link above and/or GMD4’s web page on the GMD4 LEMA at http://gmd4.org/LEMA.html.

Kansas Water Authority passes new policy recommendation related to the Ogallala Aquifer

On Wednesday, December 14, 2022, the Kansas Water Authority, at its regular meeting in Colby, passed a new policy recommendation to the Governor and Legislature related to the management of the Ogallala Aquifer. Specifically, it advises the following related to depletions in the Ogallala Aquifer:

1. The policy of planned depletion of the Ogallala Aquifer is no longer in the best interest of the State of Kansas.

2. A formal collaborative process is needed to establish data-driven goals, metrics, and actions to halt the decline of the Ogallala Aquifer while promoting flexible and innovative management within a timeframe that achieves agricultural productivity, thriving economies, and vibrant communities – now and for future generations of Kansans.

3. The collaborative process should engage state agencies, regional advisory committees, local stakeholders, groundwater management districts, and the Kansas Water Authority.

For more, see the following media stories:

‘It’s time to deal with this’: Kansas Water Authority wants to save Ogallala Aquifer; Kansas Reflector, 12/15/2022.
This is the first time the Kansas Water Authority has voted to save what’s left of the Ogallala, High Plains Public Radio, 12/15/2022.

See also the KWA’s annual report to the Governor and Legislature at: https://kwo.ks.gov/docs/default-source/kansas-water-authority-page/annual-report-2023-final_010523.pdf?sfvrsn=7e7c8e14_2.

The Kansas Geological Survey’s High Plains Aquifer Atlas is an excellent source of information on the Ogallala-High Plains aquifer: https://www.kgs.ku.edu/HighPlains/HPA_Atlas/index.html.

Finally, for more, see my presentation to the House Committee of Water on groundwater management: https://kwrconsulting.com/legislature/house-committee-on-water-briefed-on-dwr-duties/

Introduction: COVID is changing how we do water meetings, but not stopping them. One advantage is that most of them are more accessible than ever. Below are details on upcoming meetings including:

A May 20 Kansas Water Authority meeting
Upcoming meetings of the state’s Groundwater Management Districts (GMDs), starting with this week’s meetings of GMD 3 and GMD 5 (we keep an updated list on our GMD page: https://kwrconsulting.com/gmds/)

Also below are links to recent webinars on the Ogallala, available online for viewing.

Finally, the courts continue to work. Below are updates on two recent decisions related to 1) GMD 4’s LEMA and 2) the Hays/Russell change applications.

Upcoming Meetings

May 13, GMD 3 Board meeting, 9:00 AM, call in only. Call in number 1-888-450-5996, Guest Code 103373. Agenda and Board book will be posted at GMD3.org.
May 13, Big Blue Compact meeting, 9:30, Zoom meeting. For more: https://www.agriculture.ks.gov/BBRC
May 14, GMD 5 Board meeting, 7:00 PM. Zoom audio/video conference: Meeting ID: 864 9005 7922; Video Call: https://us02web.zoom.us/j/86490057922; Audio Call: (312) 626-6799. Board packet at: http://weather.gmd5.org/GMD5_Data/Misc/Packets/2020-05-06_Packet.pdf
May 20, GMD 1 Board meeting, 8:00 AM (CT). Check their website for updates.
May 20, Kansas Water Authority meeting, 1-3 PM. For more information:
https://kwo.ks.gov/admin-pages/events-landing-page/2020/05/20/default-calendar/kansas-water-autohrity—conference-call .
June 3 – GMD 4 Board meeting, 10:00 AM CT, GMD 4 Office. Meeting Materials (PDF) to be posted at: http://gmd4.org/BoardMeetings.html

Recent Webinars

Status of the Ogallala Aquifer and GMD 4 conservation activities – on April 29, 2020, the Kansas Water Office hosted a webinar related to the Ogallala Aquifer. The webinar featured Brownie Wilson of the Kansas Geological Survey on the State of Ogallala Aquifer and Shannon Kenyon, Manager of the Northwest Kansas GMD 4, discussing their conservation efforts. The presentation can be accessed at: https://www.kwo.ks.gov/news-events/kwo-webinars.
The Weight of Water: Values, Civic Engagement, and Collaborative Groundwater Management on the U.S. High Plains, Stephan Lauer, KSU. On May 1, Stephan presented findings of an Ogallala CAP funded project that looked at producers’ attitudes towards water conservation and some of the success stories of grassroots collaborative groundwater management (like the Wichita County Water Conservation Area) to determine how such efforts can be expanded. This presentation is fairly technical, being orientated toward researchers, but the link that follows, in addition to having the presentation, includes accessible summaries of the research for the rest of us: http://ogallalawater.org/producer-attitudes/.

Court Updates

Judicial Review, GMD 4 LEMA. On June 13, 2018, a petition for judicial review of the Chief Engineer’s April 13, 2018 order of designation was filed in the Gove County District Court. On October 15, 2019, the Gove County District Court upheld the order as constitutional. On November 11, 2019, the plaintiffs filed a motion with the Court requesting it alter or amend its decision. On April 20, 2020, the Gove County District Court declined. See the Friesen vs. Barfield table at: https://agriculture.ks.gov/gmd4lema. The next step could be an appeal to the Kansas Court of Appeals.

Judicial Review, Hays R9 change application approval. On March 27, 2019, the chief engineer contingently approved the change applications of the cities of Hays and Russell to convert the irrigation rights of the R9 Ranch in Edwards County to municipal use for the cities. On May 29, 2019, WaterPACK filed a petition for judicial review in Edwards County District Court. Over recent months, the Court and parties have been working principally through issues related to discovery. On April 27, 2020 the Court ruled on the parties’ motions and pleadings in this regard. With this done, the Court has provided the parties with a schedule that will have the remaining pleadings complete on August 17, 2020. See https://agriculture.ks.gov/HaysR9