Formal hearing for Wichita ASR proposals set for March 26

The formal phase of the public hearing on proposed modifications to the permitting of Wichita’s existing Aquifer Storage and Recovery (ASR) project will be held on March 26, 2019, continuing to March 27 if needed. The public hearing will be held at ICM, Inc. 125 N. 1st Street, Suites 2 and 3, Colwich, KS.

While this phase is principally for the former parties, it is open to the public and verbal comments from the public will be accepted at 11:00 a.m. and 4:00 p.m on March 26.

Wichita’s proposal, a brief summary, public comments received to date including transcript of the December 11 meeting, and more available on the KDA’s web site at https://www.agriculture.ks.gov/WichitaASR

Tags: ASR, GMD2, StaffordFO, Wichita, Equus Beds

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Court of Appeals rules on Garetson impairment case

On January 11, the Court of Appeals issued its ruling regarding the Haskell County groundwater impairment case of Garetson Brothers vs. American Warrior Inc. The decision is posted on KDA’s web site at: https://www.agriculture.ks.gov/divisions-programs/dwr/water-appropriation/impairment-complaints/vested-right-haskell-03, along with a previous Court of Appeals’ decision, the District Court’s decision, and Chief Engineer reports on the matter.

This decision upholds the permanent injunction issued by the Haskell County District Court against pumping by the nearby junior water rights found to be impairing the Garetson Brothers’ senior water right, rejecting the defendant’s procedural challenges.

tags: legal, impairment, GMD3, GardenCityFO

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GMD 5 proposed update to management program approved

On Jan 2, 2019, the Chief Engineer found the Big Bend Groundwater Management District (GMD) No. 5’s proposed update to its management plan to be consistent with state law and policy and thus approved it. The next step required in the GMD Act is a public hearing held by the GMD board on the proposed update. It is expected the GMD Board will consider the matter of setting the hearing date and location at next week’s regular board meeting (see gmd5.org for specifics on their meetings).

The Chief Engineer’s transmittal letter with his approval makes several suggestions for the Board to consider in its next update to the Management Program. The letter and proposed management plan update is at: https://www.agriculture.ks.gov/gmds.

Note: the Management Program should not be confused with GMD 5’s LEMA proposal to address the Quivira impairment. See https://www.agriculture.ks.gov/GMD5LEMA for these matters.

Tags: GMD, GMD5, StaffordFO

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Wateruse fee for filing paper forms; online filing free

Beginning with this 2018 annual water use reporting period, KDA will charge a $20 per water right filing fee when the report is submitted to KDA’s Division of Water Resources (DWR) on a paper form. Fees can be avoided, however, by reporting annual water use online, through DWR’s electronic water use filing system. The fees are being imposed in order to promote greater adoption of online filing, which in turn helps the agency achieve long-term cost savings

During December, KDA-DWR sent notice to all water right owners and water use correspondents of the fee for paper filing and our enhanced support for free, on-line filing of wateruse reports.

KDA-DWR has been working to ramp up support for filing on-line. Free assistance for online reporting is available from KDA via our website (including video tutorials), by phone, or in person at any of DWR’s field offices. KDA-DWR is currently developing additional outreach to assist water users at other locations which will be listed on our web site in the near future.

More can be found on our web page at: http://www.agriculture.ks.gov/wateruse

Tags: wateruse, field offices, GMDs

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KDA web updates on GMD5 LEMA plan and augmentation MOU

KDA’s web page on GMD 5’s development of a proposal Local Enhancement Management Area (LEMA) to resolve the Quivira impairment has been updated with the following:

  • A Memorandum of Understanding between the Chief Engineer and GMD 5 regarding implementation of augmentation and its role in remedying the impairment complaint related to the Quivira impairment,
  • GMD’s latest LEMA Proposal, submitted on Dec. 13, 2018, and
  • KDA-DWR request for clarification of the LEMA proposal, Dec 20, 2018

Tags: GMD5, LEMA, Quivira, StaffordFO, impairment, augmentation

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Northwest KS GMD 4 LEMA challenge dismissed

On December 26, 2018, the Thomas County District Court dismissed Woofter v KDA, which sought review of the Chief Engineer’s order establishing Northwest Kansas Groundwater Management District (GMD) No. 4’s “district-wide” Local Enhanced Management Area (LEMA) generally, and in particular, the order’s delegating decisions related to setting allocations for the plaintiffs to the GMD.

The judge determined that that Chief Engineer lawfully delegated the ability to set and review LEMA allocations via the LEMA’s management plan to the GMD.

The judge’s order is on KDA’s web page for the GMD4 LEMA.  A direct link to the decision.

This leaves Friesen vs. Barfield as the last remaining court challenge to the GMD4’s LEMA.

Tags: GMD4, LEMA, StocktonFO, legal

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