Tag: LEMA

Categories
GMD Groundwater Legislature LEMA Ogallala Policy Water Legislation

House Overwhelmingly Passes GMD and Water Funding Bills, on to Senate

Here is a summary of the House’s consideration of two of the most significant water bills to be heard in the last 10 years: one that significantly expands state funding of water infrastructure and a second which requires the state’s groundwater management districts (GMDs) to act to address groundwater declines.

HB 2279, the GMD Bill 

In my last news article a month ago, I reported on the House’s consideration of HB 2279 which would require Groundwater Management District (GMD) to provide annual reporting and to identify areas of concern and to work with their waterusers to develop “action plans” to address the groundwater declines in those areas of concern. The bill included a provision allowing the Chief Engineer to take action if he/she found the action plan inadequate. 

My article also outlined the testimony I planned to offer in support of the bill, but recommending a number of improvements. Link to my final testimony: http://kslegislature.org/li/b2023_24/committees/ctte_h_water_1/misc_documents/download_testimony/ctte_h_water_1_20230209_01_testimony.html    

At the committee’s Feb. 9 hearing, all testified in support of the bill, including Kansas Farm Bureau and the Kansas Livestock Association, except Southwest Kansas GMD No. 3 and Southwest Kansas Irrigators, both whom opposed the bill.  Like mine, much of the supporting testimony provided suggestions for improving the bill, many echoed my suggestions.

The committee leadership put forward an amended version of the bill, which it passed overwhelmingly on February 17. Here is a link to the bill’s supplemental note with an expanded summary of the amended bill’s provisions, a summary of testimony and resulting amendments in committee.  

The amended bill took my specific suggestion for defining “priority areas of concern”, as a minimum, to include areas with less than 50 years of remaining usable life. This will focus initial action where most needed, as significant areas within western Kansas GMDs still have significant remaining life. See the map below from my testimony (and its explanation in there).  In short, the red areas have less than 25 years of water left, the darker orange has 25-50 years remaining. Those are the areas that need focus within southwest Kansas (as northwest and west central Kansas are in LEMAs). About 25% of Southwest Kansas GMD 3 has less than 50 years left (but there are large parts of GMD 3, esp. the southern tier counties that have more than 50 years left with some years over 100 years.  But it is past time to act in the critical areas.  

KGS' Estimated Usable Life Map with Q-stable values 2022

The amended bill did NOT include my suggestion for a clear definition of adequacy. Despite this, I continue to support the bill and believe it a real step forward in requiring GMDs that have not done so to seriously look at the Ogallala problem where action is most urgently needed and engage the waterusers in those areas on how to address the problem.  As I have been telling reporters in recent weeks, the GMD Act has a mission and power, but no specific water management goals. This changes that.

The amended bill was considered by the full House on February 23, and passed on a vote of 116-6. It is now in Senate, waiting to be heard by the Senate Agriculture and Natural Resources Committee. While no hearing is yet scheduled; hopefully this will occur next week, as all bills need to be out of their respective committee by March 24.

HB 2302, the Water Funding bill

I have not weighed in on this bill as it is not in my area of expertise and it had plenty of conferees supporting the bill. In many ways, this bill is more significant to the State’s future than the GMD bill above.  If passed, it would increase dedicated state fundings to water projects from the current $8 million/year to approximately $50 million/year. 

Once again, the amended bill passed out of committee with overwhelming support as well as the full House (the vote was 119-3). This is quite significant, as a similar effort to expand water funding through a dedicated part of the state sales tax was attempted in 2017 and got nowhere.

Here is a link to the amended bill that passed the committee and full House:  http://kslegislature.org/li/b2023_24/measures/documents/hb2302_01_0000.pdf.  

Here is a link to a supplemental note of the bill with more details:  http://kslegislature.org/li/b2023_24/measures/documents/supp_note_hb2302_01_0000.pdf.

Here is my brief summary of the supplemental note’s summary:  

The note’s “Brief”: “HB 2302, as amended, would establish funding for the State Water Plan and water infrastructure projects, create the Water Technical Assistance Fund and the Water Projects Grant Fund, authorize the Kansas Water Office (KWO) to provide grants and adopt rules and regulations to establish criteria for grants, and authorize distribution to the State Water Plan Fund (SWPF) of a portion of the revenue from the state sales and compensating use tax (sales tax revenue).”

The expanded money for water projects would not come from a tax increase or increased fees but from dedicating 1.231% of the state’s existing sales tax to water projects outlined in the bill (again, boosting dedicated state funding for water projects from approximately $8 million/year to approximately $50 million/year). 

This expanded funding would go toward:

  • Existing State Water Plan Fund priorities 
  • $5 million/year to a Water Technical Assistance Fund
  • $15 million/year to a Water Projects Grant Fund
  • $15 million/year to pay off debt for Milford and Perry Lake reservoirs 
  • To improve salaries of state workers implementing water programs (current salaries are not competitive, resulting in staff shortages, delays in programs, etc).

There are specifics in the bill on where these monies will go, but if passed, there would be significant new money for infrastructure projects for municipalities, with priority to small municipalities. 

This expanded funding would sunset after 5 years, unless the legislature takes action to extend it.

The bill is awaiting consideration by the Senate Agriculture / Natural Resources Committee. Hopefully next week. 

Categories
GMD Groundwater Legislature

House Committee on Water Considers GMD Bill

Before going on to the main subject of this newsletter, one brief aside:

This past week, on Feb. 2, the Chief Engineer held the second hearing required to approve and implement GMD 1’s proposed Four County Local Enhanced Management Area (LEMA). No one spoke against the LEMA. In the coming weeks, based on the hearing, the Chief Engineer will issue first an Order of Decision with respect to whether the LEMA should be established per GMD 1’s LEMA Plan. 

HB 2279, Requiring GMDs to develop plans to address Ogallala declines 

This Thursday, on Feb 9, the House Committee on Water (HCOW) will be hearing testimony on HB 2279. Its short title is “Requiring groundwater management districts to submit annual written reports to the legislature and to provide water conservation and stabilization action plans to the chief engineer.”

The provisions are very similar to requirements of Sections 13 and 14 of last year’s so-called Mega-water bill, HB 2686 (2022).  If you are interested, I created a rough comparison of this current version with last year’s, on my web site at: https://kwrconsulting.com/legislation/, under “Bills” and the discussion on HB 2279.

As the short name implies, the bill has two components: annual reporting of GMDs to the Legislature and, more significantly, requirements that GMDs:

  • By July 1, 2024, the GMDs identify areas of concerns and, 
  • Working with their waterusers, and by July 1, 2026 develop and submit to the Chief Engineer “action plans” to address the groundwater declines in the areas of concern, and 
  • If a GMD fails to develop an adequate plan, the Chief Engineer is authorized to take action. 

In my presentation to the HCOW on Jan. 12, I supported the provision of last year’s bill on GMD reporting and especially these requirements to identifying areas of concern, plans to address, and for the chief engineer to have the ability and duty to deal with their failure to do so.

So I plan to offer testimony in support of the bill. 

However, in reviewing the details of the proposed bill, I find it is overly broad and unfocused.  While all of western Kansas Ogallala is in decline (outside some fringe areas of low use), action is not uniformly needed. On Friday and Saturday, I reviewed the bill in detail and provided the Committee leadership with my suggestions for improving the bill, aimed to focus action where it is most urgently needed, to improve its clarity, and to insure it results in meaningful action.

Specifically, I plan to recommend the bill be modified in the following ways:

  • The bill should exempt areas already in LEMAs from the first round of action plan development.
  • Instead of “areas of concern,” the bill should require the identification of “priority areas of concern” where the need for planning and action is most clear and urgent. 
  • With all the data already available, the GMDs can and should have their priority areas of concern identified by the end of this year, and should submit such to the Legislature and state agencies for review by January 1, 2024. 
  • Action plans be submitted over two years, with half being submitted by July 1, 2025, and the remaining by July 1, 2026, to get started and spread the workload.
  • A clear standard for action plan adequacy should be added. 

With respect to the question of “priority areas of concern,” I plan to submit the latest KGS Estimated Useable Life map below and suggest that all areas with less than 50 years of remaining useable life be in a GMD’s “priority areas of concern” as a minimum. This will focus action where most needed.

KGS' Estimated Usable Life Map with Q-stable values 2022

This year’s bill does not provide a clear statement of what constitutes an adequate plan.  I think this is essential. So here is what I plan to suggest. On the KGS’ Remaining Usable Life Map above, I have added KGS’s draft county “Q-stable values” I obtained from KGS last year.  The Q-Stable values represent the percentage reduction in pumping required to get to stable water levels for the next couple of decades.  As an example, the largest value on the map is Grey County at 53.4. This means the KGS estimates it would take a 53.4% reduction in pumping in Grey County to get Grey County to stable water levels. To halve the rate of decline in Grey County would take a reduction of half of this, or 27%.

In last year’s HB 2686, for failure of a GMD to develop an adequate plan, it authorized the Chief Engineer to “develop a plan to, at a minimum, reduce by 50% the 2000-2019 rate of groundwater declines as determined by the chief engineer…”  Again, to obtain a 50% reduction in the rate of decline, the required percentage reductions in pumping would be half of the values in map. To take a less extreme values, in neighboring Haskell County, the 40.6 would mean a 20% reduction in pumping would be needed to half its rate of decline. 

In my view, the 50% reduction in rate of decline standard is very serious step, especially for the first set of an action plan. I believe an explicate standard is needed for this process to be taken seriously by a GMD that has been resistant to taking action. I am suggesting the committee adopt a value between 25% and 40% as the required reduction in rate of decline for an action plan to be considered adequate in these areas of less than 50 years of remaining useable life. 

Let me know if you have any thoughts, suggestions, or questions. 

For more information from KGS on the High Plains aquifer see:  https://www.kgs.ku.edu/Publications/pic18/index.html and/or  https://www.kgs.ku.edu/HighPlains/HPA_Atlas/index.html.

Categories
GMD Groundwater Ogallala

GMD4 LEMAs Renewed; KWA’s New Ogallala Policy

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. 

GMD4's LEMA

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.

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

For more, see the following media stories:

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/

Categories
Legislature Ogallala

House Committee on Water Briefed on DWR Duties and Groundwater Management

This issue overviews the past week’s hearings of House Committee on Water (HCOW), what is coming this week, and announces a new KWRC page for Kansas water news stories in the media. Thursday’s (1/12) HCOW hearing featured former Kansas Chief Engineer David Barfield providing an overview of the responsibilities of the state’s Division of Water Resources and the state’s actions to address declines in the Ogallala Aquifer.

Kansas legislature on groundwater management hearing

House Committee on Water: last week’s hearing and the week ahead

The HCOW met on Tuesday, 1/10/2023, for introductions and discussion of committee rules. 

At the Chairman’s invitation, I addressed the committee for its Thursday hearing (1/12/2023). My topics included overviews of the responsibilities of the Division of Water Resources and its Chief Engineer, the Kansas Water Appropriation Act, the State’s Groundwater Management District Act, the status of the Ogallala Aquifer, actions to reduce groundwater declines (LEMAs, WCAs), and overviewing last session’s Mega-Water Bill (HB 2686). 

Link to a video of my 90 minutes presentation to the committee: https://www.youtube.com/watch?v=hcWxCAbHRkA.  

My PowerPoint available on HCOW page at: http://www.kslegislature.org/li/b2023_24/committees/ctte_h_water_1/documents/?date_choice=2023-01-12.

As the presentation, with Committee questions, is 90 minutes long, here is an outline of timestamps and topics:

  • 0:00 to 0:40 – Chair opens committee, one bill introduction.
  • 0:40-4:25 – My introduction (a bit about myself; overview of the presentation). 
  • 4:25-6:55 – Kansas water: essential, limited, variable.
  • 6:55-9:50 – Water agencies and coordination. 
  • 9:50-21:45 – Duties of DWR and its Chief Engineer; brief interstate overview; Kansas Water Appropriation Act (KWAA, 1945); subsequent water development, Kansas use of water, resulting reductions in streamflow and groundwater depletion; amendments of the KWAA and other related acts. 
  • 21:45-34:05 – Groundwater management: the 1972 GMD Act and 1978 amendments to the KWAA and GMD Act; IGUCAs; GMD accomplishments (prior to 2012).  
  • 34:05-1:06:30 – Groundwater management, 2012 to current: LEMAs and WCAs. 
    • 35:20-44:10 – Northwest KS GMD 4: the LEMA initiator; Sheridan 6 LEMA and its performance; GMD 4 LEMA. 
    • 44:10-50:15 – non-regulatory options to address declines; WCAs.
    • 50:15-58:20 – Western KS GMD 1; the Wichita County WCA; the Wichita County and Four County LEMAs.
    • 58:20-1:06:30 – Southwest KS GMD 3; Questions on enforcement; MYFAs. 
  • 1:06:30-1:14:40 – HB 2686 of 2022 with an overview and particulars on DWR and it Chief Engineer and groundwater management provisions. 
  • 1:14:40 – Committee questions

House Committee on Water’s Agenda for the week of 1/17/2023

  • 1/17/2023 – Kansas Water Office briefing 
  • 1/19/2022- Briefings by KDA-Division of Water Resources and the Kansas Geological Survey.

KWRC Kansas Water News page

As a result of the acceleration of Kansas water news, we have started a new page to archive key news stories at: https://kwrconsulting.com/blog/kansas-water-news/. It includes 11 stories from 2022 and already has two articles from 2023, the first on action by Western Kansas GMD 1 to reduce wateruse, and a second on the anticipated confrontation ahead as the Legislature considers action to address Ogallala Aquifer declines. 

Categories
GMD Groundwater

GMD 1’s Proposed Four County LEMA 
Satisfies Initial Hearing Requirements; 
Set for Second Hearing February 2, 2023

Introduction 

As reported previously (see https://kwrconsulting.com/gmd-groundwater/gmd-1s-proposed-four-county-lema-%ef%bf%bc/), the Western Kansas Groundwater Management District No. 1 (GMD 1) covers parts of five counties in western Kansas (Lane, Scott, Wichita, Greeley and Wallace Counties) over the Ogallala Aquifer. The GMD has experienced very significant reductions in saturated thickness, resulting in about one-half of the irrigation wells no longer being used.  Despite reductions in use, the aquifer continues to decline.  To extend the life of the Ogallala Aquifer within GMD 1, the GMD 1 Board first developed the Wichita County Local Enhanced Management Area (LEMA), implemented starting in 2021, and on July 1, 2022, requested the Chief Engineer initiate proceedings for its proposed “Four County” LEMA to cover the rest of the district. 

See the article cited above for a description of the LEMA tool generally, as well as specifics for GMD’s proposed Four County LEMA. In short, the article covered the following: 

  • The GMD Act was amended in 2012 to allow GMDs to develop a specific proposal for reducing groundwater declines in all or parts of their District as Local Enhanced Management Areas (LEMAs) and to have that proposal considered for adoption by DWR’s Chief Engineer via two public hearings. LEMAs typically include elements of flexibility in the use of allocations to reduce the impact of water use reductions, such as multi-year and group allocations. For more information, see DWR’s website at: https://www.agriculture.ks.gov/lema.  
  • After careful consideration, including significant public input, GMD 1 developed its Four County LEMA to cover the rest of the District. Required reductions, designed to extend the life of the Ogallala Aquifer within the District, would vary from 0 to 25%, with larger reductions for larger wateruse and lesser reductions for smaller wateruse. The LEMA Plan also includes significant flexibilities to allow waterusers to make best use of their allocations as well as a robust appeal process to consider past voluntary conservation in the wateruse records used as a basis for allocation.  The LEMA plan, if adopted, would be in effect for years 2023 to 2027.

Initial public hearing to consider the GMD 1’s Four County LEMA Plan

On July 1, 2022, the GMD 1 Board submitted its Four County LEMA plan for the remainder of GMD 1 to the Chief Engineer for consideration.  On August 4, 2022, the Chief Engineer, pursuant to statutory requirements, found the Proposed LEMA Plan “acceptable for consideration.”  

After notice required by the LEMA statute, an initial public hearing in the matter was held on October 17, 2022, and, on December 21, 2022, the chief engineer issued an order finding that the evidence presented at the initial public hearing satisfied the relevant criteria set forth in K.S.A. 82a-1041. See DWR’s web page related to the proposed LEMA at: https://agriculture.ks.gov/divisions-programs/dwr/managing-kansas-water-resources/local-enhanced-management-areas/gmd1-four-county-lema

Specifically, the hearing was required to resolve the following:

a. Whether one or more of the circumstances specified in K.S.A. 82a-1036(a) through (d), and amendments thereto, exist;

b. Whether the public interest of K.S.A. 82a-1020, and amendments thereto, requires that one or more corrective control provisions be adopted; and

c. Whether the geographic boundaries are reasonable.

In his order, Chief Engineer Earl Lewis, stated that he found, based on substantial, competent evidence, that all of the above were found to be true for the proposed LEMA. The Chief Engineer’s order, including its summary of the evidence considered and findings of fact and law, is posted at: https://agriculture.ks.gov/docs/default-source/dwr-water-appropriation-documents/four-county-lema-findings-and-order.pdf?sfvrsn=10ba98c1_0.

As a result, the Chief Engineer further ordered that a second hearing to consider the designation of the Four County LEMA would be held.

Second Hearing on Feb 2 considers whether the LEMA Plan should be adopted

Notice of the second hearing was sent to all water right holders within the proposed LEMA and other effected parties, a copy of which is available at the link above. 

The hearing will be held at 10:00 a.m. central time on February 2, 2022 at the Western Kansas Child Advocacy Center, 212 E. 5th Street, Scott City, Kansas. 

The hearing will determine whether the proposed LEMA should be designated and if the corrective controls proposed in the LEMA Management Plan shall be accepted, rejected, or if modifications to the plan should be proposed.

For more information 

In addition to DWR’s web site noted, additional information can be found on GMD 1’s web site at https://www.gmd1.org/lema/, which includes a copy of the proposed LEMA plan and other pertinent information, including a frequently asked questions (FAQ) document that addresses common questions about the LEMA Plan. Effected waterusers can contact the District office at 620-872-5563 to obtain an allocation report for their particular water rights.

Categories
LEMA

Northwest Kansas LEMA renewal hearings, July 26-27

Creation of the LEMA tool, 2012

The state’s Groundwater Management District (GMD) Act was amended in 2012 to allow for the creation of Local Enhanced Management Areas (LEMAs).  Much of the impetus for the amendments was from a group of waterusers in Sheridan County of northwest Kansas who wanted to reduce use in their area by 20% to reduce groundwater declines and extend the life of their aquifer but did not trust the process in place at the time to accomplish this: Intensive Groundwater Use Control Areas (IGUCAs). The reason was simple: under the IGUCA process, the Chief Engineer makes the decision of what to do to address the groundwater decline problem, not the locals. In response, the manager of GMD 4 outlined an alternative process that works with Kansas broader water law, but allows the GMD to develop a wateruse reduction plan for the Chief Engineer to consider via two hearings. With the support of state agencies and others (I as Chief Engineer at the time helped to draft the bill and testified in its support), the LEMA provisions were passed.   

The state’s first LEMA created, 2013 

With the legislation passed, Northwest Kansas GMD No. 4 immediately went to work with its Sheridan County stakeholders to develop a LEMA proposal to implement a 20% reduction in use for the 100 square mile area and its 200 water rights. After the required two public hearings, the Sheridan-6 LEMA was created for the 5-years of 2013-2017.  In those five years, they reduced significantly more than their 20%; reducing use approximately 35% instead. In 2017, a new set of hearings was held, which extended the LEMA for the years 2018-2022.

Geographic overview of the current LEMAs

The map below provides a bit of context for this first LEMA and the subsequent LEMAs (and one more that is in process). The brown areas show lands covered by the state’s 5 Groundwater Management Districts (Western Kansas No. 1; Equus Beds No. 2, Southwest Kansas No. 3, Northwest Kansas No. 4, and Big Bend No. 5) that overlie Kansas major Ogallala-High Plains Aquifer of western and south-central Kansas.  The Sheridan (or SD-6) LEMA is the orange-shaded area within northwest Kansas. The yellow-shaded area is the Northwest Kansas GMD 4’s “District-wide” LEMA discussed next. The green-shaded area is the Wichita County LEMA of Western Kansas GMD 1. Not shown but in progress is GMD 1’s Four County LEMA which is proposed to cover the portions of Lane, Scott, Greeley and Wallace counties within GMD 1. 

The state’s second LEMA, Northwest Kansas’ District-wide LEMA, 2017

The success of this first, localized LEMA, led Northwest Kansas GMD 4, in 2017, to develop a proposal for a District-wide LEMA. This second LEMA has important differences from the Sheridan LEMA, principally its much more significant geographic scope and the resulting diversity in the rate of water levels declines that are being experienced. Below is a map from the Kansas Geological Survey’s (KGS) High Plains Atlas showing this diversity of water level declines in the Ogallala-High Plains aquifer over the last 20 years (with blue areas increasing and the light green areas experiencing small declines). For reference, the Sheridan LEMA is shown with a red border, the GMD 4’s “District-wide” LEMA is the gray-shaded area of northwest Kansas.

To address this diversity in water level declines, GMD 4 proposed allocations for this LEMA which are more restrictive in areas of higher declines (the yellow areas) and less restrictive in areas of lower declines. 

While its water use reduction goals are not as restrictive of the Sheridan LEMA, this LEMA puts in place an important framework for on-going actions by the GMD, again with more focused action in the areas of the most significant declines. After two hearings required by the LEMA process in 2017,  GMD 4’s LEMA plan was amended to remove areas of no or very limited decline, but was otherwise adopted as proposed for the years 2018-2022.  This LEMA was opposed by some of the local waterusers both at the second LEMA hearing as well as in the Gove County District Court, but was ultimately upheld.  

GMD 4 LEMA renewal hearings, July 26 & 27 

Both the Sheridan LEMA and the GMD 4 LEMA (the new name for their “District-wide” LEMA as it does not cover the areas of low and no decline) expire at the end of 2022, and must be renewed for the coming 5-years, 2023-27.  Based on the work of the GMD’s advisory committees and the action by its Board, both LEMAs are proposed to continue on essentially the same terms as the previous five years (with a few tweaks to improve their administration). 

The Sheridan 6 LEMA hearing will be Tuesday, July 26, 2022, 2:00 p.m. at the Sheridan County Courthouse, 926 9th Street in Hoxie.

The GMD 4 LEMA hearing will be Wednesday, July 27, 2022, 10:00 a.m. at the City Limits Convention Center, 2227 S. Range Avenue in Colby.

Links for more information: 

Upcoming KWRC News articles: 

  • GMD 1’s Four County LEMA (submitted to the Chief Engineer on July 1; more at: https://www.gmd1.org/)
  • Kansas Water Authority Water Policy Discussion, Aug. 10, Salina
  • Hays-Russell Change Applications and Water Transfer Process
  • Kansas Legislature: next steps on water 
Categories
KDA-DWR LEMA Water Rights

KWRC January 2021 Water Update

The 2020 was pretty slow in the water world. The pace seems to be picking up in 2021. Here are select
stories from January.

Chief Engineer Approves Wichita County LEMA Plan

On December 30, 2020, KDA-DWR’s new
Chief Engineer, Earl Lewis, issued an “order of decision” approving a Local Enhanced Management Area (LEMA) plan implementing wateruse reductions for all
irrigation water rights in Wichita County within the boundaries of Western Kansas Groundwater
Management District (GMD) No. 1. The LEMA Plan was developed and requested by GMD 1 to reduce
irrigation wateruse by approx. 15% for the next 5 years to extend the life of the local aquifer.

This order is the first of two orders required to implement the Wichita County LEMA. The order was based on an extensive public process. In it, the Chief Engineer found that the LEMA plan meets the state law’s requirements and that the ordered reductions are necessary for the public interest. It is expected that in early February, the second order, an “order of designation”, will be issued, putting the LEMA in effect for the years 2021-25.

The Wichita County LEMA will be the third LEMA in Kansas, following the notable successes achieved by
the LEMA plans in northwest Kansas, which showed that the reduction in water use slowed the rate of groundwater level decline, extending the life of the aquifer with little to no economic harm caused by
the reduction during the same period.

For more see: https://agriculture.ks.gov/divisions-programs/dwr/managing-kansas-water-resources/local-enhanced-management-areas/wichita-county-lema

Audubon of Kansas Files Federal Lawsuit to Restore Quivira Water Right

On January 15, 2021, the Audubon of Kansas (AOK) filed a lawsuit in the U.S. District Court of Kansas in an effort to restore the water right belonging to the Quivira National Wildlife Refuge of southcentral Kansas. The Refuge is a wetland of international significance. AOK contends that the Quivira Refuge has suffered from a shortage of water for the last 3 decades, due to groundwater pumping upstream in the Rattlesnake Creek basin by irrigators, whose water rights are junior to that of the refuge. The basis for the lawsuit is a 2016 impairment investigation conducted by the KDA/DWR Chief Engineer which found that impairment is occurring and by the failure of the U.S. Fish and Wildlife Service to act to protect its water right. During October 2019, the Chief Engineer had planned to begin reducing water use under junior water rights of the basin, but in an agreement that was brokered by Senator Jerry Moran, with concurrence of the U.S. Fish and Wildlife Service, that water right administration was postponed to allow more time to seek a remedy to the impairment. AOK’s lawsuit seeks an injunction, a declaratory judgment and an order of mandamus, to compel federal and state officials to do their duties as required by law.

For more:
https://www.audubonofkansas.org/aok-news.cfm?id=218
https://agriculture.ks.gov/divisions-programs/dwr/water-appropriation/impairment-complaints/quivira-
national-wildlife-refuge

Connie Owen Confirmed as Director of the Kansas Water Office

With former Kansas Water Office (KWO) Director Earl Lewis leaving the agency to become KDA-DWR’s chief engineer, the Governor announced her selection of Connie Owen, who had been serving as the Chair of the Kansas Water Authority, to take his place as KWO Director. Ms. Own was confirmed by the Senate last week.

Governor Laura Kelly has announced that Dawn Buehler will serve as the Chair of the Kansas Water Authority. Buehler’s appointment is subject to confirmation by the Kansas Senate. The water authority advises the governor, the Legislature and the director of the Kansas Water Office (KWO) on water policy issues — including the approval of the Kansas Water Plan and revisions, federal contracts, administration regulations and legislation proposed by KWO.

For more information: https://www.kwo.ks.gov/home

KDA to Resume Public Hearing on Wichita ASR Project

On February 3, the KDA-DWR will resume the final stages of the formal phase of the public hearing process to consider the City of Wichita’s proposed modifications to Phase II of its Aquifer Storage and Recovery (ASR) Project beginning. This is a continuation of proceedings that were initiated by the agency during 2018, in response to modifications requested by the city of Wichita. While the in-person hearing location will not be open to the public, the public will be able to view the proceedings virtually, using either Zoom or YouTube. The public is also invited to submit written comments and will be allowed to do so until Feb. 26.

For more information: https://www.agriculture.ks.gov/WichitaASR

Upcoming meetings

  • Feb 2, Equus Beds GMD 2 Board monthly Board meeting, 9:30. Call their office at (316) 835-2224 for information or see http://gmd2.org/
  • Feb 11, Northwest Kansas GMD 4 will host both its monthly Board meeting at 9:00 AM and its annual meeting at 1:30, both at the City Limits Convention Center. For more information: http://gmd4.org/
  • Feb 11, Southwest Kansas GMD 3 Board meeting, 9:00 AM, http://www.gmd3.org/
  • Feb 17, Western Kansas GMD 1 Board meeting, 8:00 AM (CT). Check http://gmd1.org/ for updates.
  • Feb 18, Big Bend GMD 5 Board annual meeting at the Stafford County Annex located at 210 E Third Ave in St. John (just east of the Courthouse). The meeting will start at 7:00 p.m.
Categories
GMD Groundwater Ogallala

Upcoming Meetings, Recent Webinars and Court Decisions

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

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

Categories
LEMA

GMD 1 Submits Wichita County LEMA Plan to the Chief Engineer

After months of considerations, on March 26 the Board of Western Kansas Groundwater Management District No. 1 (GMD 1) formally submitted a plan for a Local Enhanced Management Area for Wichita County to the Chief Engineer for consideration. Details of the plan can be found on GMD 1’s website at: http://gmd1.org/lema.html

Background

Wichita County is one of the most depleted counties of the Ogallala, with an average of approx. 20 feet of remaining saturated thickness. However, use of water from the Ogallala is still a very important part of the local economy, for not only irrigation but also high value animal agriculture.

Wichita County has a very active wateruser community seeking to double the life of their aquifer through conserving today. During 2016-2017, a Wichita County steering committee worked to develop a Water Conservation Area for the county wherein waterusers voluntarily enroll, committing to use less and gaining significant flexibilities on the use of the limited water supply. Approximately 20% of irrigated acres are enrolled in the plan. The WCA plan can be found at: https://www.agriculture.ks.gov/divisions-programs/dwr/managing-kansas-water-resources/wca/wichita-county-wca.

GMD Action

For the last two years, the Wichita County WCA steering committee has been working with the Board of GMD 1 to develop a LEMA for the county. LEMAs can only be adopted via a request by the local GMD. Last week’s action by the GMD 1 board moves GMD 1’s LEMA plan to consideration via a two hearing process by the Chief Engineer to determine if the LEMA should be adopted. If so, it would require all irrigation waterusers of the county to conserve, although at a lesser rate than those in the WCA.

In summary, under the LEMA plan, all irrigation users would be required to reduce recent historic use by 25% for the years 2021-2025, after giving consideration for past voluntary conservation via an appeal process.

The allocations would be provided over the 5 year period for each combined well unit. The website above has a more complete summary of provisions, as well as proposed allocations for each water right in the county.

Next Steps

From here, the Chief Engineer will review the plan to insure it is acceptable for the hearing process, and if so, will schedule the first of two required public hearings to consider whether the LEMA plan should be adopted. While statute requires these hearings be held “as soon as is practicable,” it is unclear under the current context, when this will occur.

More information on LEMA can be found on KDA-DWR’s website at: http://www.agriculture.ks.gov/lema