In response the apparent wasting of water from domestic wells, Chief Engineer David Pope, at request of the City of Hays, initiated the intensive groundwater use control area process in February 1985. A hearing was held in May 1985, the IGUCA order was issued in July 1985 and amended in August 1985. The order defined a control area and imposed three main provisions: (1) that all domestic wells shall be registered with the office of the chief engineer, (2) that the use of registered water wells shall not be subject to mandatory provisions of any water conservation plan adopted by the City of Hays and (3) that the chief engineer may ban, or allow the City of Hays to ban, the use of wells to water lawns, gardens, trees, shrubs and similar outdoor vegetation during the hours of 12:00 noon through 7:00 p.m. daily from June 1 through September 30 inclusive each year.
Pursuant to K.A.R. 5-20-2, each of the eight IGUCA orders in place before July 1, 2008 must be reviewed in a process that includes a public hearing conducted by the chief engineer. While a brief summary of the Hays IGUCA has been provided below, the IGUCA order is also available and should be referred to for detailed conclusions and provisions.
DWR is conducting a formal review of the July 3, 1985 order establishing the Hays IGUCA. The purpose of the review is to determine whether conditions still exist within the area that require regulation in the public interest and whether the public interest requires that the IGUCA designation be continued, and if so, whether there should be any adjustment in the IGUCA’s provisions.
DWR is currently developing the first draft of the Hays IGUCA review.
February 26, 1985: IGUCA proceedings initiated by the chief engineer
- Proceedings requested by the City of Hays on February 15, 1985
- Private domestic water wells were being used for outside discretionary activities
- Apparent preventable waste of water was occurring
May 30, 1985: Public Hearing
July 3, 1985: IGUCA order issued
- All domestic water wells within the control area shall be registered
- Use of registered water wells within the City of Hays shall not be subject to the mandatory provisions of any water conservation plan adopted by the City of Hays
- Use of unregistered water wells within the City of Hays shall be subject to any water conservation plan adopted by the City of Hays and approved by the chief engineer
- The chief engineer may ban the use of any water well within the IGUCA boundaries to irrigate lawns, gardens, trees, shrubs and other outdoor vegetation during the hours of 12:00 noon through 7:00 p.m. daily from June 1 through September 30
- Chief engineer may amend the IGUCA if deemed in the public interest
August 29, 1985: Order amended
Bans on afternoon watering have been issued in 1988 through 2015 and 2017.
Individuals who have questions regarding the Hays IGUCA should contact David Engelhaupt at
David.Engelhaupt@ks.gov for more information.