On February 10, the chief engineer in the Division of Water Resources at the Kansas Department of Agriculture received a request to secure water from the U.S. Fish and Wildlife Service related to their senior water right for Quivira National Wildlife Refuge in eastern Stafford County, Kansas. It was determined in 2016 that upstream junior groundwater pumping in the Rattlesnake Creek basin regularly and significantly impairs the service's ability to use its water right. In the short term, the chief engineer and DWR staff will be reviewing the request to determine appropriate and legal actions necessary to respond to the request in a timely manner.


U.S. Fish and Wildlife Service's Letter Accompanying their Request to Secure Water - February 10, 2023 

U.S. Fish and Wildlife Service's Request to Secure Water - February 6, 2023 

Development of Impairment Remedy Following 2023 Request to Secure Water

Administrative Review of Chief Engineer's LEMA Decision

Development of Impairment Remedy

GMD 5 Proposed Rattlesnake/Quivira LEMA

Development of Impairment Investigation Report

Statutory Provision and Impairment Procedures

K.S.A. 82a-706b of the Kansas Water Appropriation Act states: “It shall be unlawful for any person to prevent, by diversion or otherwise, any waters of this state from moving to a person having a prior right to use the same…”  The Act charges the chief engineer with the duty to regulate use to prevent such “impairment” of senior water rights by junior water rights.

Regulations adopted pursuant to the Act provide for a 5-step process for impairment investigations and actions: 1) a complaint must be submitted in writing, 2) DWR Investigation, 3) DWR Report of Findings, 4) where impairment is found and action desired, the complainant must file a request to secure water, and 5) action by the chief engineer as long as required to aid the senior file in securing a larger portion of its water right.

Impairment investigations and actions in surface water systems are fairly straightforward. Impairment investigations involving groundwater are more complex and time-consuming. In 2012, regulations were amended to provide for more specificity in procedures for groundwater impairment investigations including increased opportunities for groundwater management districts to comment and help with impairment investigations, requirements for complainants to provide information showing that their pump system and well are adequate, and increased transparency by DWR by making data available and providing the effected water users with opportunity to comment.

Impairment Investigation Progress and Plan

• Met with the GMD No. 5 Board and reported to GMD No. 5’s 2013 annual meeting on the request of the Service and how the investigation would proceed.
• Met with the Service to confirm their intent for KDA-DWR to conduct an impairment investigation and to outline requirements for information KDA-DWR would need from the Service to begin its investigation.
• Received additional information requested of the Service to define their specific needs.   
• Used the GMD No. 5 groundwater model to determine the magnitude and timing of the effect of junior groundwater pumping on the Rattlesnake Creek at Quivira.
• November 4, 2014, KDA-DWR presented groundwater modeling results for nine alternative historical scenarios at a public meeting in St. John.  A summary PowerPoint is available in the table above.
• December 2, 2015, KDA-DWR published its initial impairment investigation report for review and comment.
• December 10, 2015, KDA-DWR  held a public meeting in St. John to present a summary of the initial report’s findings, answer questions and seek input.
• January 15, 2016, KDA-DWR published entire DWR Quivira file in the table above.
• May 13, 2016, end of review period for Initial Report.
• May 30, 2016, KDA-DWR to publish second draft of Initial Report in the table above.
• July 1, 2016, end of review period for second draft of Initial Report.
• July 15, 2016, KDA-DWR to publish Final Report in the table above.
• August 15, 2016, basin plan to implement remedy is submitted to chief engineer.
• September 9, 2016, GMD No. 5 submitted a remedy proposal to the Service
• December 1, 2016, the Service responded to the GMD No. 5 proposal
• December 8, 2016, KDA-DWR requested that GMD No. 5 develop a revised proposal and advise the basin that DWR will not administer water rights during the 2017 irrigation season but if an agreement is not reached DWR may administer in 2018.
• February 15, 2017, GMD No. 5 submitted a revised proposal to the Service
• March 22, 2017, the Service responded to the revised proposal
• May 2, 2017, discussion between KDA-DWR and GMD No. 5 on developing a remedy
• June 19, 2017, KDA-DWR provided backup of modeling work related to the effect of varying level of pumping restrictions in two zones
• July 6, 2017, KDA-DWR presented remedy requirements beyond augmentation
• July 13, 2017, KDA-DWR provided "additional explanation on Quivira slides"
• August 7, 2017, KDA_DWR provided refined Zone A map (version 3, version 2 was an intermediate version but not presented)
• August 11, 2017, KDA-DWR met with GMD No. 5, GMD presented an outline of a proposed LEMA to remedy impairment
• August 30, 2017, KDA-DWR received letter from Alan and Rachel Crane
• September 6, 2017, KDA-DWR received letter from Audubon of Kansas
• September 8, 2017, KDA-DWR met with GMD No. 5 and provided an outline of LEMA plan elements needed to address impairment
• September 29, 2017, KDA-DWR responded to Audubon of Kansas letter
• October 18, 2017, KDA-DWR requested data from GMD No. 5 on end guns and model runs related to augmentation
• October 20, 2017, KDA-DWR provided draft options for "backstop" control provisions
• October 30, 2017, KDA met with GMD No. 5 manager and attorney to discuss LEMA development
• November 9, 2017, KDA-DWR provided refined modeling to define Zone A (version 4)
• November 10, 2017, KDA-DWR participated in GMD No. 5 board meeting
• November 16, 2017, KDA-DWR followed up on questions from 11/10/2017 meeting
• November 17, 2017, KDA-DWR met with GMD No. 5 LEMA committee
• December 13, 2017, KDA-DWR wrote to GMD No. 5 regarding 2018 water administration and expectations for developing a remedy for impairment and calling for a public meeting in early 2018