Vision For the Future of Water in Kansas

Kansas Water Agencies

1. State natural resources agencies: • KS Dept. of Agriculture with:

– Division of Water Resources (DWR) – Division of Conservation (funding water projects)

• Kansas Water Office (water plan; reservoir management) • KS Dept. of Health and Environment • Local district: GMD’s and more 2. Federal agencies : USGS, Corps, Bureau of

Reclamation, more

About DWR • Part of Kansas Department of Agriculture • Three Programs

• Water Appropriation (water rights) • Water Structures (dam safety, stream

permits, floodplain regulation) • Water Management Services (interstate)

• Moving to Manhattan, summer 2014 • Less than 50 Headquarters Staff • Less than 30 Field Office Staff

Water in Kansas • Kansas: variability in hydrologic conditions

across the state

• Eastern Kansas Primarily relies on surface water supplies; prone to

occasional persistent drought • Central Kansas Relies on a mixture of surface and groundwater

• Western Kansas Primarily relies on the Ogallala-High

Plains aquifer for its water supply

Precipitation is highly variable in Kansas, averaging 16” (west) to 46” (east) per year

Kansas Water Appropriation Act (1945)

• 82a – 702 All water within the state of Kansas is hereby dedicated to the use of the people of the state, subject to the control and regulation of the state in the manner herein prescribed.

• 82a – 703 Except as provided in K.S.A. 82a-703a and subject to vested rights, all waters within the state may be appropriated for beneficial use as herein provided…

Kansas Water Appropriation Act

• Our system of water rights • Right to use water is based on prior

appropriation or “First in time, first in right” • Charges chief engineer to oversee:

– Allocation of water supply, allowing for orderly development of the state’s water resources

– Regulation of in times of shortage. • Protects investments, commerce, property

rights and the resource

Water Regulation When Water Short

• During periods of shortage, junior water rights may be curtailed to satisfy senior rights and minimum desirable stream flow

• Releases from storage may be protected • Protection of minimum desirable

streamflows

Fundamental Attributes of a Kansas Water Right

• Rate and Quantity • Specific Place of Use • Specific Point of Diversion • Use made of Water • Priority Date

General Steps to Developing a Water Right in Kansas

• Application filed – priority based on application filing date

• DWR determines whether application can be approved, based in part on well spacing and safe yield

• If approved, applicant must complete diversion works and put water to authorized beneficial use

• Applicant must file annual water use reports • DWR will conduct a field inspection and certify the

water right based on actual water use during perfection period

• A water right is a real property right

New Appropriation

• Water is appropriated based on safe-yield

• New appropriations cannot impair existing water rights

• Water rights can be administered if impairment does occur

• Most of western Kansas is closed to new development

Certain Aspects of Water Rights Can be Modified

K.S.A. 82a-708b • Point of Diversion • Place of Use • Use Made of Water

• Must not increase consumptive use • May not impair existing rights • Must relate to the same “local source of supply.”

Enforcement

• K.S.A. 82a-728: Unlawful Acts and Penalties, illegal water use is a Class C Misdemeanor.

• K.S.A. 82a-737: Civil Enforcement of Act allows monetary fines of $100 to $1,000 per violation of KWAA or any provision of a water right

• Each day of violation may be treated as a separate offense

• K.A.R. 5-14-1 through K.A.R. 5-14-11 outline our enforcement procedures

Governor Brownback’s Call to Action

Issued a call to action to address the need for

a Vision for Kansas water that meets the

state’s needs now and in the future.

“Water and the Kansas economy are directly linked. Water is a finite resource and without further planning and action

we will no longer be able to meet our state’s current needs, let alone growth.”

- Governor Sam Brownback

If We Take No Action in the Next 50 Years…

• The Ogallala will be 70% depleted

• Another 40% of the area irrigated by the Ogallala won’t support a 400 gal-per-minute well

• Water supply reservoirs will be 40% filled with sediment

• Five of the seven major river basins that support municipal and industrial use won’t meet demands during a drought

If We Take No Action in the Next 50 Years…

50-Year Projected Reservoir Water Supply Storage Loss from Federal

Water Supply Reservoirs

0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

1,600,000

1,800,000

Pre-2010 2010 2060

20% Loss of Storage to

Date Additional 20% Loss of Storage Projected in

the Next 50 Years

What Will This Vision Achieve?

The 50-Year Vision for Water in Kansas will align the priority of growing the Kansas economy with the strategies and actions necessary

to ensure a reliable water supply is available to support that growth.

50% Domestic Commercial

Aircraft

40% Global Animal Health &

Veterinary Science Interests 7th in Value of

Agricultural Exports

Value of Our Water Resources

• Irrigated cropland in Ogallala region has a $5 billion value

• Ogallala was responsible for $1.75 billion in corn production and $2 billion in beef production

• Reservoirs provide water in some manner to two-thirds of Kansas’ citizens

• 60% of the electricity production in Kansas at a value of $1.96 billion relies on our state’s reservoirs

What Will the Vision Address?

• A reliable water supply sufficient to meet the needs of a growing Kansas population and economy, through:

– Actions to conserve and extend the useful life of

the High Plains Ogallala Aquifer – Actions to secure, protect and restore reservoir

storage

Keeping the Vision Focused

Extreme Events Recreation Water Quality Infrastructure

Actions to achieve and address these water resource concerns will continue to be addressed in the Kansas

Water Plan.

How does this Vision fit with the Kansas Water Plan?

• The KWP will remain the state’s plan to coordinate the management, conservation and development of the water resources of the state.

• In 2014, the KWO will also complete a 5-year update to the KWP.

Who Will Lead the Vision?

Kansas Water Authority

While working closely with: Governor’s Council of Economic Advisors

Ex-Officio Agencies of the KWA

Kansas Water Office Kansas Department of Agriculture Tracy Streeter, Director Jackie McClaskey, Acting Secretary

Earl Lewis, Assistant Director Greg Foley, Division of Conservation Susan Metzger, Chief of Planning &

Policy/Vision Team Leader Lane Letourneau, Division of Water

Resources

Katie Ingels, Communications Director

Who Will This Process Include?

The Visioning Team will meet with many stakeholders such as:

Kansas Farm Bureau, Kansas Livestock Association, Kansas Rural Water Association, Kansas Association of

Counties, League of Kansas Municipalities, Kansas Municipal Utilities, Kansas Water Marketing and

Water Assurance District Customers, Groundwater Management Districts etc.

Who Will This Process Include?

Stakeholder outreach will also make use of existing committees to the KWA: • Basin Advisory Committees (BACs) • Ogallala Aquifer Advisory Committee (OAAC) • Reservoir Advisory Committee (RAC) • Kansas Aqueduct Stakeholder Committee

As well as many other stakeholders throughout the state.

What is the Timeline for the Vision for the Future of Water in Kansas?

October 2013

November 2013

January – April 2014 May 2014 July 2014 August

2014 September

2014 October

2014 November

2014

Governor’s Conference

Final Vision to Governor

Governor’s Conference

Establish timeline, outreach plan and

deliverables

Stakeholder Outreach

Public Update at

KWA Meeting

Draft Vision

Public Update at

KWA Meeting

Final Draft Vision

Vision Big Picture Idea of What You Want to Achieve

Mission General statement of how you will achieve your vision

Goals General statements of what you want to achieve,

integrated with vision & mission

Strategies Series of actions or activities designed to achieve the goal

Everything is on the table for discussion.

Status quo does not define our future.

Assumptions for Vision Discussion

Vision Kansas will have adequate water

resources to support the state’s current needs and the long-term needs of a

growing Kansas economy.

Vision Kansas will have adequate water resources to support the state’s current

needs and the long-term needs of a growing Kansas economy.

Mission Develop framework, policy and tools,

in concert with stakeholders, to manage the state’s water resources

that balance conservation with economic growth; and secure, protect

and restore water storage.

Vision Kansas will have adequate water resources to support the state’s current

needs and the long-term needs of a growing Kansas economy.

Mission Develop framework, policy and tools, in concert with

stakeholders, to manage the state’s water resources that balance conservation with economic growth; and secure, protect and

restore water storage.

Goals Examples Include:

Maintain and/or increase reservoir water supply storage Increase reuse or use of lower quality of sources of water Better manage withdrawals from the High Plains Aquifer

How Can I Provide Input?

• Visit www.kwo.org & Click on “50-Year Vision”

• Contact the Kansas Water Office at: kwo-info@kwo.ks.gov or call 785-296-3185

toll free: 1-888-526-9283

KDA/DWR Contact Information

• Website: http://agriculture.ks.gov/dwr

Questions or Comments?