PL-566, An Old Acquaintance, More Workload, but with Renewed Kansas Benefits as Well. State Association of Kansas Watersheds January 16, 2018

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1 PL-566, An Old Acquaintance, More Workload, but with Renewed Kansas Benefits as Well State Association of Kansas Watersheds January 16, 2018 David Barfield, Chief Engineer Division of Water Resources Kansas Department of Agriculture

2 About DWR Part of Kansas Department of Agriculture Organized in three Programs Water Structures (dam safety, stream permits, floodplain regulation) Water Management Services (interstate compacts, impairment investigations, more) Water Appropriation (water rights) Headquarters moved to Manhattan, summer 2014 Approx. 50 Headquarters Staff/ 30 Field Office Staff

3 Dam safety program staffing, priorities Staffing: Terry Medley, Program manager, Water Structures Kim Hunninghake, Dam Safety team Lleader Staff: Ambrose Ketter, Laura Gray. New staff: Bridget Paulk started January 2017 Mikayla Kortan started July 2017 Priorities: permits (new and upgrades), Emergency action plans (EAPs), breach maps, hazard classification, dam safety conference, other educational outreaches.

4 Dam safety conference, more Dam safety conference: March 6th. Four Points by Sheraton in Manhattan. Registration fee is $60/person includes breakfast & lunch. Good sources of professional development hours. Block of rooms at the motel until February 8. Conference objective is to educate on technical topics, public safety, regulations, more. The conference will encourage the implementation of site investigation, design, construction, operation, maintenance and emergency preparedness for dam owners, licensed engineers and agency officials. Water use reports due March 1. Note: failure to report fees higher. Term permits for dam refilling after maintenance

5 Kickapoo settlement and water right quantification Settlement/quantification of water right: 4700 AF for direct use based on municipal build-out concept consistent with state rules. MOA between Tribe and chief engineer establishes procedures for communication, monitoring and protection of the Tribal Water Right, annual reviews to insure it remains current, especially as the Tribe develops storage. Must be approved by Congress, bill introduced. Generally a long process

6 Water rights subject to administration During times of shortage, when the Tribe is unable to meet it direct demands or when its storage is below target levels, the Tribe may request curtailment of upstream water rights. Upstream water rights: 2 irrigation, 4 industrial, 2 recreational and 23 sediment control dams. Watershed dams will be required to bypass inflows. No administration of domestic use. No administration if the chief engineer determines it would be futile.

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9 Management options in over-appropriated areas Intensive Groundwater Use Control Areas (1978): Requires demonstrated problem: groundwater declines, dropping rates, etc. Tools : allocations, rotation of use, etc. Requires due process via hearings 8 in state; mostly alluvial systems Local Enhanced Management Areas. (2012) Chief Engineer decision: adopt, reject or return plan to the GMD based on consistency with state law and appropriateness of solution Water Conservation Areas (2015) Consent agreement between water users and Chief Engineer.

10 Sheridan 6 LEMA NW KS GMD 4 identified high priority areas Model demonstrated benefits of cuts stay put Sheridan 6 HPA cut use 20%. In 2017, the LEMA extended for another 5 years ( )

11 GMD#4 District Wide LEMA Based on rate of decline Conservation factor related to 50% or 80% NIR Zones factor in variability in precipitation from west to east 5-year LEMA allocation No additional flexibilities, encourages WCAs Initial hearing: Aug 23, 2017 Second hearing: Nov 14, 2017

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13 Technology Water Technology Farms Cost share for technology adoption State funding where they are in a LEMA or WCA (i.e. water savings go to saving water not growing more corn)

14 Quivira National Wildlife Refuge impairment investigation

15 Quivira: current status Impairment investigation report finalized July 15, 2016 found junior, upstream groundwater pumping is regularly interfering with the Service s senior use. Regularly AF Working with water users to develop a workable solution 2015 Legislative action states that augmentation can be considered as a remedy for impairment Latest proposal: Develop augmentation to replace depletions Cut pumping 15% to stabilize depletions, principally via removal of end-guns

16 Water transfer for Hays 7000 AF; 80 miles.

17 Questions & Discussion

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19 4800 AF Scenario Modeled Drawdown Difference Difference between the baseline drawdown and drawdown from with 14 municipal wells pumping a total of 4800 acre-ft per year 24/7. 19

20 Kansas Department of Agriculture proposed legislation for water Multi-year flex accounts, expending the deadline for applying to December 31. Notices to near-bys Allow state-managed water banks.

21 Kickapoo Water Right Settlement - Background The Kickapoo Tribe is a federally recognized Indian Tribe Under the Winters doctrine, the Tribe has a federal reserved water right with a priority date of October 24, 1832

22 Downstream water rights potentially effected As the Tribe develops its water right, it will use and store waters that formerly made its way downstream. However, few downstream rights are immediately downstream of the Reservation. The maximum drainage area anticipated to be controlled by Tribal storage would be less than 5% of the drainage area above Valley Falls.

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24 Overview of presentation DWR overview Dam safety program staffing, priorities, dam safety conference, water use reports, Other matters: Tribal matters Ogallala tools and progress Quivira impairment investigation Questions