NEWS
On October 26, 2022, the Water Protection Association of Central Kansas (WaterPACK) was granted an extension of time, until November 14, 2022 to file its opening brief to the Kansas Supreme Court.
On August 23, 2022, WaterPACK filed a notice of its intent to appeal the Edwards County District Court order that had modified in some respects but largely upheld the Chief Engineer’s contingent approval of the change applications previously filed by the Cities of Hays and Russell (Cities) to the Kansas Court of Appeals. The Cities subsequently filed a motion requesting transfer of the case to the Kansas Supreme Court, and the Supreme Court granted that motion on September 26, 2022. The deadline for WaterPACK to file its opening brief in the Kansas Supreme Court is currently October 24, 2022.
On June 29, 2022, Chief District Judge Bruce Gatterman issued his Memorandum of Decision and Order in the case. In the Order, Judge Gatterman provided discussion and decisions on the five issues that were in question. Judge Gatterman found that DWR failed "...to consider the rights of area water users and/or water right holders to receive notice and opportunity to be heard at any public hearing concerning a proposed modification of the [ten-year rolling average] limitation..." and ordered that DWR's Master Order be modified to give those water right holders such consideration. On all other issues, Judge Gatterman found that "WaterPACK has failed to meet its burden of proof under K.S.A. 77-621(c) to establish the invalidity of agency action in all other respects, and its Petition for Judicial Review on those issues is denied." Click here to read the Order.
On May 29, 2019, WaterPACK filed a petition for judicial review in Edwards County District Court. See the WaterPACK Judicial Review table below for related documents.
On March 27, 2019, the Chief Engineer contingently approved the change applications submitted by the Cities to convert the irrigation rights of the R9 Ranch in Edwards County to municipal use. Documents related to this action can be accessed in the table below.
Background
The City of Hays purchased the approximately 7,000-acre R9 Ranch and its 30 water rights in southwestern Edwards County in 1995, with the intention of someday using the water as part of the Cities of Hays and Russell's public water supply.
During June 2015, the Cities of Hays and Russell (Cities) submitted applications to DWR to change the use made of water of the R9 Ranch water rights from irrigation to municipal use. As these proposed changes envision the transfer of more than 2,000 acre-feet of water more than 35 miles, the Cities submitted an application to transfer water from Edwards County to the Cities in January 2016, pursuant to the Water Transfer Act (K.S.A. 82a-1501, et seq.).
The water right change applications and other information related to their consideration are available in the tables below.
In May 2018, a draft proposed Master Order and exhibits were transmitted to Big Bend Groundwater Management District No. 5 (GMD5) for its review and posted on this website, along with the change applications and amendments. A public informational meeting was held on June 21, 2018 to discuss the applications. GMD5 provided a recommendation on August 28, which was supplemented on September 14; WaterPACK provided additional responses on August 21 and 13; and the Cities provided responses on September 14 and 18.
Additional Information on the Hays/R9 Water Transfer Application
1995 R9 Ranch and water rights purchased by the City of Hays
2015-06-26 Cities of Hays and Russell (Cities) apply to change R9 Ranch water rights from
irrigation to municipal use
2016-01-06 Cities apply to transfer water from R9 Ranch to Hays and Russell
2016-01-21 KDA-DWR letter to the Cities with comments from its review of the change
applications
2016-03-08 KDA-DWR letter to the Cities with additional comments from its review of the
change applications
2016-03-24 Cities of Hays and Russell meet with KDA-DWR to discuss details of the water right
change applications
2016-04-06 KDA-DWR letter to the Cities summarizing 3/24/2016 meeting and next steps
2018-02-16 KDA-DWR post Cities' modeling report
2018-05-07 KDA-DWR transmits draft proposed master order with exhibits to GMD No. 5 for
review and posts to its website
2018-05-11 KDA-DWR posts change applications and amendments to its website.
2018-06-21 Public informational meeting to discuss application in Greensburg, Kansas.
Summer 2018 Public input on proposed change applications
2018-08-30 GMD No. 5 comments on change applications
2018-09-14 GMD No. 5 provides supplemental comments on change applications
2018-10-05 Updated modeling report
2019-03-27 Contingent Approval of Change Applications