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The Chief Engineer issued his Findings and Conclusions from the McPherson IGUCA Review and an Amendment to the McPherson IGUCA Order on February 26, 2020.
IGUCA Overview
In response to declining groundwater levels in McPherson County, the Board of Directors of the Equus Beds Groundwater Management District No. 2 (GMD 2) requested that the Chief Engineer initiate the Intensive Groundwater Use Control Area (IGUCA) process in February 1979. A public hearing was held in September 1979, and the IGUCA order was issued in March 1980. The order defined a control area and imposed two main corrective controls:
- That the IGUCA area shall be closed to new appropriations excepting domestic, temporary and short-term permits
- That water flow meters shall be installed on all groundwater wells excepting domestic and temporary wells.
Pursuant to K.A.R. 5-20-2, each of the eight IGUCA orders in effect before July 1, 2008 must be formally reviewed in a process that includes a public hearing conducted by the Chief Engineer. While a brief summary of the history of the McPherson IGUCA has been provided below, the 1980 McPherson IGUCA Order itself is also available and should be referred to for details of the hearing conclusions and corrective control provisions.
In 2016, DWR conducted a formal review of the March 28, 1980 order establishing the McPherson IGUCA. The purpose of the review was to determine whether excessive groundwater level declines were still occurring in the area, whether the rate of groundwater withdrawal in the area still exceeded the rate of recharge and whether the public interest required that the IGUCA designation be continued, and if so, whether there should there be any adjustment to the IGUCA boundaries or corrective control provisions.
DWR, in cooperation with GMD 2, developed the McPherson IGUCA Review Report, which was admitted to the record of the public review hearing conducted by the Chief Engineer in October 2016 in Hutchinson, KS. Oral and written testimony from DWR, GMD 2, and the McPherson Board of Public Utilities were presented at the hearing, and the Chief Engineer left the hearing record open for further submittal of written testimony through December 2, 2016, at which time the hearing record was closed.
History
February 13, 1979: IGUCA proceedings initiated by GMD 2 Board of Directors
- Groundwater levels in the area were potentially declining excessively
- Rate of groundwater withdrawal in that area appeared to exceed rate of recharge
September 18, 1979: Public Hearing
March 28, 1980: McPherson IGUCA Order issued
- Closed the area to further groundwater appropriation
- Required installation of water flow meters
- Required the Board of Directors of GMD 2 to annually review all hydrologic information in the IGUCA and allowed them to request a hearing on any matter related to the IGUCA
- Chief Engineer can amend the IGUCA if deemed in the public interest
October 14, 2013: MYFA Amendment
March 10, 2016: Draft McPherson IGUCA Review provided to GMD 2
May 10, 2016: GMD 2 Board reviewed the McPherson IGUCA Review Report and submitted no comments to DWR
October 4, 2016: McPherson IGUCA Review Hearing
November 2, 2016: McPherson IGUCA Review Hearing initial written testimony submittal deadline
December 2, 2016: McPherson IGUCA Review Hearing extended written testimony submittal deadline; Review hearing record closed
February 26, 2020: Findings and Conclusions from McPherson IGUCA Review submitted by Chief Engineer; Amendment Order Issued
- Provided an accurate IGUCA boundary description in light of the July 2017 GMD 2 boundary expansion
- Removed the requirement that water use reports from water users in the IGUCA be filed with DWR by February 1 of each year
- Removed the requirement that the Board of Directors of GMD2 annually review all hydrologic information in the IGUCA
Supporting Documents
- McPherson IGUCA Amendment Order - February 2020
- Chief Engineer's Conclusions on McPherson IGUCA Review - February 2020
- McPherson IGUCA Review - October 2016
- McPherson IGUCA Draft Review - March 2016
- McPherson IGUCA Fact Sheet
- McPherson IGUCA MYFA Amendment
- McPherson IGUCA Order
- Letter from Equus Beds Groundwater Management District #2 on Participation in the Review
- Letter from DWR announcing the review
- Letter from GMD No. 2 requesting extension of comment period
- Letter from DWR extending time to submit written testimony
McPherson Hearing Support Documents
Review Hearing October 4, 2016
Items taken administrative notice of by the chief engineer
- 1980 IGUCA Order
- 2013 MYFA Amendment
- All documents referenced in the 1980 order and the 2013 amendment
- Template of written notice mailed to water-right owners
- Affidavit of publication in The McPherson Sentinel
- GMD No. 2 Groundwater News, Volume 28, No. 2
Items submitted by the DWR McPherson IGUCA Review Team
- McPherson IGUCA Review report
- 1980 IGUCA Order
- 2013 MYFA Amendment
- 1979 Model Study of the McPherson Moratorium Area
- KGS Open File Report 2004-4
- Whittemore, Donald O. Fate and identification of oil-brine contamination in different hydrogeologic settings. Applied Geochemistry. 2007.
- Template of written notice mailed to water-right owners
- DWR written testimony
Items submitted by GMD No. 2
Items submitted by McPherson Board of Public Utilities
Contact
Individuals who have questions regarding the McPherson IGUCA review should contact David Engelhaupt at David.Engelhaupt@ks.gov for more information.