A public hearing regarding proposed regulations being adopted by the Chief Engineer on behalf of GMD1 and GMD5 was held on October 10, 2019. With no significant comments, the Chief Engineer had adopted the regulations, which will be effective 14 days after publication in the Kansas Register, approximately mid-November.
At the request of Western Kansas GMD No. 1, K.A.R. 5-21-7, which has governed applications for a change in use made of water from irrigation to any other type of beneficial use based on past use, is being repealed. With the repeal, requirements for such changes will default to state-wide rules of K.A.R. 5-5-9, which were amended in 2017.
Based on discussions between KDA-DWR and Big Bend Groundwater Management District No. 5 (GMD5), three regulations were developed to assist GMD5 and the water users located therein, in finding a solution to the impairment complaint filed by the United State Fish and Wildlife Service regarding the senior surface water right for Quivira National Wildlife Refuge located at the bottom of Rattlesnake Creek. These regulations will assist in developing an augmentation project pursuant to K.S.A. 82a-706b and in moving water out of a high impact zone near the stream and refuge.
A complete set of laws and regulations related to KDA-DWR’s responsibilities can be found at: https://agriculture.ks.gov/divisions-programs/dwr/laws-and-responsibilities.