Wichita ASR

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Update 6/21/2022 - Final Order of the Chief Engineer Posted
Order Regarding the City of Wichita's Proposed Modification of the ASR Project Phase II Permits is also provided below.

02/19/2021 - Public Hearing Recordings from February 2021

Background

The City of Wichita (City) has the state's only active Aquifer Storage and Recovery (ASR) project. The project was developed and approved in two phases.

On March 12, 2018, the City forwarded a detailed proposal for changes to the conditions associated with its existing permits for Phase II of the project. The City also submitted a series of new applications which have subsequently been withdrawn.

The City's proposal was clarified and modified in minor ways via an initial review process during April and May 2018.

On June 28, 2018, a public informational meeting regarding the proposed changes was held at the Halstead High School Auditorium.

Beginning on July 19, 2018, a series of pre-hearing conferences were held to set a date, time and location for the formal hearing; to discuss procedures for the hearing; to set any necessary deadlines; and to discuss any other appropriate matters.

Orders resulting from the pre-hearing conferences and public hearing are available below in the table "Hearing Officer Notices, Orders, Etc." The filings by the parties are included in the table "Parties' Motions, Etc."

Information related to the City's existing ASR permits is available below.

A public comment hearing on Wichita's proposed modifications to Phase II of its ASR project was held on December 11, 2018 (transcript).

On March 19, 2019, Chief Engineer Barfield delegated to Constance (Connie) Owen the authority to serve as the presiding officer in this matter and postponed the formal phase of the public hearing previously scheduled for March 26, 2019. Presiding Officer Owen will conduct a hearing among the formal parties and provide written recommendation to the Chief Engineer based on the record after the hearing is complete.

The formal phase of the public hearing began in Halstead, KS on December 10, 2019 continued into 2021.

Final Order

Order Regarding the City of Wichita's Proposed Modification of the ASR Project Phase II Permits Provided by DWR 06/21/2022

Judicial Review

Description	Document Date	Provided By
GMD2 Sur-Reply to Chief Engineer's Reply to GMD2 Response to Chief Engineer's Motion to Dismiss	09/13/2022	GMD2
Chief Engineer's Reply to GMD2 Response to Chief Engineer's Motion to Dismiss	09/06/2022	DWR
GMD2 Response to Chief Engineer's Motion to Dismiss	08/29/2022	GMD2
Motion to Dismiss	08/12/2022	DWR
Petition for Judicial Review	07/21/2022	GMD2
Petition for Judicial Review - Exhibit A	07/21/2022	GMD2

City of Wichita Request

Description	Document Date	Provided By
Wichita ASR Permit Modification Proposal: Cover Letter	03/12/2018	Wichita
Wichita ASR Permit Modification Proposal Attachments A-D Attachment E Attachments F-J	03/12/2018	Wichita
Wichita New Applications (File Nos. 48,704 through 48,733)	Multiple	DWR

Public Comments:

Description	Document Date	Provided By
Richard Basore written comments	02/25/2021	Basore
Gary Stecklein written comments	02/21/2021	Stecklein
Scott and Katie Rowe written comments	01/16/2021	Rowe
Sam, Marcia, and Andy Goering written comments	08/24/2020	Goering
City of Halstead written comments	02/10/2020	Halstead
Beth Vannata written comments	01/21/2019	Vannata
Jim Loyd written comments	12/17/2019	Loyd
Transcript of oral public comments from informal public comment period of 12/13/2019	12/13/2019	Reporter
Written comments received at formal hearing of 12/10-12/2019 or at informal public comment period of 12/13/2019 Ruth Jacob written comments Michael Koehn written comments Frank Harper written comments Jack Queen written comments Dan Andrew written comments Floyd Holle written comments Bruce Seiler written comments	12/10-13/2019	Various
Judy Berger written comments	12/09/2019	Berger
Ted Saranchuk written comments	05/20/2019	Saranchuk
Harvey County Board of Commissioners written comments	03/29/2019	HV Co.
Galen Fast written comments	03/26/2019	Fast
Gary Fair written comments	03/23/2019	Fair
Joseph Trego written comments	03/13/2019	Trego
Tommy Logue written comments	03/13/2019	Logue
Gary Stecklein written comments	03/07/2019	Stecklein
Toyia Bulla written comments	02/25/2019	Bulla
Rob Krehbiel written comments	02/08/2019	Krehbiel
Richard Basore written comments	01/22/2019	Basore
Gary Stecklein written comments	01/11/2019	Stecklein
Beth Vannatta written comments	12/27/2018	Vannatta
Transcript of oral public comment hearing (12/11/2018)	12/11/2018	Reporter
Kansas Farm Bureau written comments	12/11/2018	KFB
David Mueller written comments	12/11/2018	Mueller
Philip Lohrenz written comments	12/10/2018	Lohrenz
John Reimer written comments	12/10/2018	Reimer
Dr. Keith Jacob written comments	12/10/2018	Jacob
Dr. Kate Jacob written comments	12/07/2018	Jacob
Laurie Hartke written comments	11/13/2018	Hartke

Proposal Development Documents

Description	Document Date	Provided By
DWR December 2018 Public Hearing Handout	12/11/2018	DWR
DWR Halstead Public Informational Meeting Summary DWR, Wichita, and GMD2 Presentations (YouTube) DWR Presentation Wichita Presentation GMD2 Presentation	06/28/2018	DWR Wichita GMD2
Correspondence - DWR to GMD2, Response to Initial Review	06/01/2018	DWR
Correspondence - Wichita to DWR, Response to Comments	05/22/2018	Wichita
Correspondence - Wichita to DWR, Process and Schedule	05/11/2018	Wichita
Correspondence - GMD2 to DWR, Process and Schedule	05/11/2018	GMD2
Correspondence - DWR to GMD 2 and Wichita, Process	05/09/2018	DWR
Correspondence - GMD2 to DWR, Proposed Permit Modifications	04/27/2018	GMD2
Correspondence - Wichita to GMD2, Change in ASR Tactics	04/26/2018	Wichita
Correspondence - GMD2 to Wichita, Change in Operations	04/06/2018	GMD2
Wichita ASR Proposal Update for EW RAC (Video on YouTube)	03/26/2018	DWR
Correspondence - DWR to GMD2 and Wichita, Process for Draft Proposed Permit Approvals for Initial Review	03/22/2018	DWR
DWR presentation at special GMD2 Board Meeting	12/20/2017	DWR
Correspondence - GMD2 to DWR, Request to Delegate Hearing	12/11/2017	GMD2
Correspondence - DWR to Wichita, Project Process	09/18/2017	DWR
Correspondence - Wichita to GMD2, Drought Modeling	01/24/2017	Wichita
Correspondence - GMD2 to Wichita, Drought Modeling Review	12/14/2016	GMD2
Correspondence - Wichita to GMD2, Permit Modifications	11/15/2016	Wichita
Correspondence - Wichita to DWR, Requested Modification to Limitations	05/24/2013	Wichita

Hearing Officer Notices, Orders, Etc.

Description	Document Date	Provided By
Recommendations on the City of Wichita's Proposed ASR Phase II Modifications	1/14/2022	Owen
Agreed Waiver of K.A.R. 5-12-3	12/30/2020	DWR
Reaffirmed Delegation	11/2/2020	DWR
Notice of Delegation (Acting Chief Engineer's Affirmation of Delegation to Constance M. Owen)	03/02/2020	DWR
Notice of Continuation of Hearing	01/09/2020	Owen
Prehearing Order on GMD2 Renewed Motion in Limine to Exclude Wichita Expert Testimony	11/19/2019	Owen
Prehearing Order on GMD2 Motion for Reconsideration and for Leave to Have Additional Motions Considered Out of Time	11/05/2019	Owen
Prehearing Briefing Order on GMD2 Motion for Reconsideration and for Leave to Have Additional Motions Considered Out of Time	10/15/2019	Owen
Prehearing Order on GMD2 Revised Motion for Summary Judgment Based on Supplemental Discovery Answer Received from Wichita	10/09/2019	Owen
Notice of Hearing	10/08/2019	Owen
Prehearing Status Conference Order	10/02/2019	Owen
Status Conference Order	08/09/2019	Owen
Notice of Deadline to Respond to Wichita Motion to Modify Order on Prehearing Motions	08/02/2019	Owen
Notice of Prehearing Status Conference	07/30/2019	Owen
Order on Prehearing Motions	07/24/2019	Owen
Prehearing Order	05/01/2019	Owen
Notice of Prehearing Conference	04/03/2019	Owen
Order of Delegation and Temporary Postponement	03/19/2019	DWR
Order Extending Deadline for Depositions	03/01/2019	DWR
Order Extending Deadline for Expert Reports	02/15/2019	DWR
Notice of Hearing Location	01/18/2019	DWR
Notice of Final Hearing Schedule	12/21/2018	DWR
Notice of Deadlines and Scheduling Order	11/19/2018	DWR
Order Regarding Motion for Extension of Time and to Continue Hearing	11/12/2018	DWR
Order Regarding Withdrawal of Parties for the Formal Phase of the Public Hearing	11/05/2018	DWR
Order Regarding Designation of Parties	10/26/2018	DWR
Scheduling Order	10/05/2018	DWR
Order Modifying Hearing and Schedule	09/27/2018	DWR
Notice of Hearing on Scheduling and Withdrawal of Applications	09/24/2018	DWR
Hearing on Various Motions: Minutes	09/18/2018	DWR
Notice of Hearing on Various Motions	09/11/2018	DWR
Order to Provide Notice	09/11/2018	DWR
Wichita ASR Phase II Modifications: Prehearing Conference Order	07/23/2018	DWR
Notice of Pre-Hearing Conference	07/02/2018	DWR

Formal Phase Public Hearing Transcript and Exhibits

Description	Document Date	Provided By
Formal Hearing Transcript - Complete	02/19/2021	Recorder
City of Wichita Exhibits	02/05/2021	Wichita
Intervenor Exhibits	02/04/2021	Intervenors
GMD2 Exhibits	03/06/2020	GMD2
DWR Exhibits	02/11/2020	DWR
Transcript - Public Comment	12/13/2019	Recorder
Transcript - Oral Arguments	05/28/2019	Recorder

Parties' Motions, Etc. (Attachments May Be Included)

Description	Document Date	Provided By
Withdrawal of Motion for Reconsideration	07/21/2022	GMD2
Intervenors Response to Motion for Reconsideration	07/12/2022	Intervenors
DWR Response to Motion for Reconsideration	07/12/2022	DWR
Wichita Response to Motion for Reconsideration	07/07/2022	Wichita
Motion for Reconsideration	07/06/2022	GMD2
Wichita Comments on Hearing Officer's Recommendations	02/11/2022	Wichita
DWR Comments on Hearing Officer's Recommendations	02/11/2022	DWR
Intervenors Comments on Hearing Officer's Recommendations	02/11/2022	Intervenors
GMD2 Comments on Hearing Officer's Recommendations	02/11/2022	GMD2
Wichita Reply to GMD2 Proposed Findings and Conclusions	10/04/2021	Wichita
Wichita Reply to Intervenors Proposed Findings and Conclusions	10/04/2021	Wichita
DWR Reply Brief	10/04/2021	DWR
GMD2 Reply to Wichita Proposed Findings and Conclusions	10/04/2021	GMD2
GMD2 Reply to DWR Proposed Findings and Conclusions	10/04/2021	GMD2
GMD2 Reply to Intervenors Proposed Findings and Conclusions	10/04/2021	GMD2
DWR Post-Hearing Brief	07/30/2021	DWR
Wichita Proposed Findings and Conclusions	07/30/2021	Wichita
DWR Proposed Findings and Conclusions	07/30/2021	DWR
Intervenors Proposed Findings and Conclusions	07/30/2021	Intervenors
GMD2 Proposed Findings and Conclusions and Post-Hearing Brief	07/30/2021	GMD2
Notice of Withdrawal of Appearance (Aaron B. Oleen for DWR)	06/30/2020	DWR
DWR Notice of Compliance with Prehearing Status Conference Order	11/21/2019	DWR
Wichita Response to GMD2 Renewed Motion in Limine	11/15/2019	Wichita
DWR Response in Opposition to GMD2 Renewed Motion in Limine to Exclude Wichita Expert Testimony	11/15/2019	DWR
Wichita Response to Intervenor Brief Supporting GMD2 Motion for Reconsideration and for Leave to Have Additional Motions Considered Out of Time	10/30/2019	Wichita
DWR Response in Opposition to GMD2 & Intervenors Motion for Reconsideration and for Leave to Have Additional Motions Considered Out of Time DWR Response - Exhibit A DWR Response - Exhibit B	10/30/2019	DWR
Intervenors Brief in Support of GMD2 Motion for Reconsideration and Leave to Have Additional Motions Considered Out of Time	10/30/2019	Intervenors
GMD2 Brief on Motion for Reconsideration and for Leave to Have Additional Motions Considered Out of Time	10/30/2019	GMD2
Wichita Response to GMD2 Motion for Reconsideration and for Leave to Have Additional Motions Considered Out of Time	10/29/2019	Wichita
Renewed Motion in Limine to Exclude Wichita Expert Testimony	10/10/2019	GMD2
Motion for Reconsideration and for Leave to Have Additional Motions Considered Out of Time	10/10/2019	GMD2
DWR e-mail response to GMD2 Revised Motion for Summary Judgment	09/27/2019	DWR
Wichita e-mail response to GMD2 Revised Motion for Summary Judgment	09/25/2019	Wichita
Memo in Support of Revised Motion for Summary Judgment	09/25/2019	GMD2
Revised Motion of Summary Judgement Based on Supplemental Discovery Answers Received from Wichita	09/25/2019	GMD2
City of Wichita Amended Expert Reports Daniel Clement Don Henry Joe Pajor John Winchester Luca DeAngelis Paul McCormick Scott Macey	08/23/2019	Wichita
GMD2 Response to Wichita and Motion for Continuance	08/06/2019	GMD2
Intervenors Motion for Continuance	08/06/2019	Intervenors
Wichita Motion to Modify Order on Prehearing Motions	08/02/2019	Wichita
DWR's Notice of Compliance with Order on Prehearing Motions	07/26/2019	DWR
DWR Response in Opposition to GMD2 Clarifications on Motions to Compel	06/20/2019	DWR
Wichita Response to Clarification on Motions to Compel Wichita Response - Exhibit 1	06/13/2019	Wichita
GMD2 Clarifications on Motions to Compel Wichita Responses to GMD2 1st Request for Admissions Wichita Responses to GMD2 1st Interrogatories to Wichita Wichita Responses to GMD2 2nd Request for Admissions Wichita Responses to GMD2 2nd Interrogatories to Wichita	06/07/2019	GMD2
Intervenors Response to Motion in Limine to Exclude Expert Testimony	05/03/2019	DWR
GMD2 Reply and Clarifications to Various Responses of DWR and Wichita to GMD2 Motions	05/03/2019	GMD2
Wichita Response to Summary Judgment Motion	04/01/2019	Wichita
GMD2 Prehearing Brief	03/18/2019	GMD2
Intervenors Prehearing Brief	03/18/2019	Intervenors
DWR Prehearing Brief	03/18/2019	DWR
DWR Response to GMD2 and Intervenors Motion to Dismiss	03/18/2019	DWR
DWR Response to Motions to Ensure Impartiality DWR Response to Motions to Ensure Impartiality - Exhibit A DWR Response to Motions to Ensure Impartiality - Exhibit B	03/18/2019	DWR
Wichita Response to Remaining Motions	03/18/2019	Wichita
Wichita Response to GMD Motion to Dismiss	03/18/2019	Wichita
Wichita Response to GMD Motion to Bar Experts	03/18/2019	Wichita
DWR Response to GMD2 Motion to Compel DWR	03/18/2019	DWR
GMD2 Response to Motion in Limine to Exclude Expert Testimony	03/18/2019	GMD2
DWR Response to Motion to Bar Agency Recommendations	03/18/2019	DWR
Wichita Response to GMD2 Motion to Compel	03/12/2019	Wichita
Intervenors Motion to support GMD2 Motions	03/11/2019	Intervenors
GMD2 Motion to Dismiss	03/11/2019	Wichita
GM2 Motion in Limine to Bar DWR Expert Reports	03/11/2019	GMD2
GMD2 Motion to Ensure Impartiality of Hearing Officer GMD2 Motion to Ensure Impartiality of Hearing Officer - Exhibit A GMD2 Motion to Ensure Impartiality of Hearing Officer - Exhibit B	03/11/2019	GMD2
GMD2 Motion to Compel Wichita GMD2 Motion to Compel Wichita - Exhibit A GMD2 Motion to Compel Wichita - Exhibit B GMD2 Motion to Compel Wichita - Exhibit C	03/11/2019	GMD2
GMD2 Motion to Compel DWR GMD2 Motion to Compel DWR - Exhibit A GMD2 Motion to Compel DWR - Exhibit B GMD2 Motion to Compel DWR - Exhibit C	03/11/2019	GMD2
GMD2 Motion for Summary Judgment and Brief in Support	03/11/2019	GMD2
GMD2 Revised Witness and Exhibit List	03/11/2019	GMD2
GMD2 Witness and Exhibit List	03/11/2019	GMD2
Wichita Witness List	03/11/2019	Wichita
Wichita Exhibit List	03/11/2019	Wichita
Intervenors Witness and Exhibit List	03/11/2019	Intervenors
DWR Witness and Exhibit List	03/11/2019	DWR
GMD2 Motion in Limine to Exclude Select Expert Reports	03/11/2019	GMD2
Wichita Motion in Limine to Exclude Select Expert Reports	03/11/2019	Wichita
GMD2 Motion to Extend Deadline for Depositions	02/27/2019	GMD2
Intervenors Expert Reports	02/18/2019	Intervenors
GMD2 Expert Reports	02/18/2019	GMD2
City of Wichita Expert Reports	02/15/2019	Wichita
Intervenors Motion in Support of GMD2 Motion for Extension	02/14/2019	Interveners
GMD2 Motion for Extension to Modify the Scheduling Order and Extend the Deadline to Submit an Expert Report	02/14/2019	GMD2
DWR Response in Opposition to Intervenors and GMD2 Motions for Extension of Time to Request Discovery, Designate Expert Witnesses and Exhibits, and Continue Hearing	11/06/2018	DWR
Wichita Response to GMD2 Motion for Extension and Referenced Documents	11/07/2018	Wichita
GMD2 Motion in Support of Intervenors Motion for Extension of Time to Request Discovery, Designate Expert Witnesses and Exhibits, and Continue Hearing	11/05/2018	GMD2
Wichita Response to Intervenors Motion for Extension of Time	11/05/2018	Wichita
Motion for Extension of Time to Request Discovery, Designate Expert Witnesses and Exhibits, and Continue Hearing	11/03/2018	Intervenors
Motion to Withdraw as a Party	11/03/2018	Intervenors
Entry of Appearance (Tessa M. Wendling for Intervenors)	10/15/2018	Intervenors
Wichita Confirmation of ASR Groundwater Modeling Data Submittal	09/28/2018	Wichita
ASR RRW Permit Applications (48704-48733) Correspondence	09/20/2018	Wichita
GMD2 Disclosure of Expert Witnesses	09/18/2018	GMD2
Wichita Preliminary Expert Disclosure	09/18/2018	Wichita
Wichita Experts	09/18/2018	Wichita
DWR Notice of Compliance with Order to Provide Notice	09/18/2018	DWR
DWR Half-Mile Letter - Exhibit C	09/18/2018	DWR
DWR Motion to Suspend Discovery Deadline and the Obligation of DWR to Answer GMD2 Written Discovery	09/17/2018	DWR
Response to DWR Motion to Suspend Discovery Deadline and the Obligation of DWR to Answer GMD2 Written Discovery	09/14/2018	GMD2
DWR Half-Mile Letters - Exhibit B	09/13/2018	DWR
DWR Half-Mile Letters - Exhibit A	09/12/2018	DWR
Response to Wichita Response to Motion for Extension of Time	09/12/2018	GMD2
Notice and Order to Discuss Various Motions: Correspondence and Attachments	09/11/2018	DWR
DWR Summary of Issues: Correspondence and Attachments	09/10/2018	DWR
Administrative Hearing Notice Protocol: GMD2 Correspondence to DWR	09/10/2018	GMD2
Wichita Response to Motion for Extension of Time	09/07/2018	Wichita
Motion to Extend Time: Correspondence to Wichita and GMD2 and Attachments, Resent	09/07/2018	DWR
Motion to Extend Time: Correspondence to Wichita and GMD2 and Attachments	09/06/2018	DWR
DWR Staff Response to GMD2 Reviews: Correspondence	09/06/2018	DWR
Motion to Extend Time: Order, Correspondence, and Attachment	09/05/2018	DWR
Motion to Extend Time: Email Correspondence and Attachment	09/05/2018	DWR
Motion for Extension of Time to Answer Wichita Discovery Requests and to Designate Expert Witness	09/04/2018	GMD2

Orders, Approvals, and Agreements Related to the Existing Project

Description	Document Date	Provided By
ASR Phase II Order Approving Additional Permits	09/28/2010	DWR
ASR PhaseII Approval	09/18/2009	DWR
ASR PhaseII MOU	11/19/2008	GMD2 & Wichita
ASR Phase I Order Modifying Conditions (II)	12/21/2009	DWR
ASR Phase I Order Modifying Conditions (I)	08/01/2006	DWR
ASR Phase I Approval	08/02/2005	DWR
ASR PhaseI MOU	08/31/2004	GMD2 & Wichita

Rules and Regulations

K.A.R. 5-12-1 through K.A.R. 5-12-4

Background Information

Description	Document Date	Provided By
Wichita New Applications (File Nos. 48,704 through 48,733)	Multiple	DWR
Status of Groundwater Levels and Storage Volumes in the Equus Beds Aquifer near Wichita, KS, January 2016	01/2016	USGS
Groundwater-Level and Storage-Volume Changes in the Equus Beds Aquifer near Wichita, Kansas, Predevelopment through January 2015	01/2015	USGS
WichitaASR.org	NA	Wichita

ASR Accounting Reports

Description	Document Date	Provided By
Wichita ASR 2016 Annual Accounting Report	2018	Wichita
Wichita ASR 2015 Annual Accounting Report	2018	Wichita
Wichita ASR 2014 Annual Accounting Report	2015	Wichita
Wichita ASR 2013 Annual Accounting Report	2015	Wichita