Quivira National Wildlife Refuge Impairment Complaint

News
On the morning of 10/25/2019, KDA-DWR received the following official position of the U.S. Fish and Wildlife Service related to the Quivira impairment: "The U.S. Fish and Wildlife Service will not make a request for water to the State of Kansas for Quivira National Wildlife Refuge in Fiscal Year 2020. Throughout the year, the Service will continue to work to find local, voluntary, collaborative and non-regulatory solutions, including augmentation, to address the water needs of the community and the wildlife conservation purposes of the refuge before determining if more formal measures are necessary to ensure the refuge's water rights are secured. We look forward to working with the Kansas Department of Agriculture, the Kansas congressional delegation, and all water users to develop concrete milestones and lasting solutions."  

On 10/21/2019, two public meetings were held in St. John related to the proposed administrative orders by the Chief Engineer (which are now NOT moving forward). Below are links to the slides presented and to archives of the livestream videos of each session. For more, including a summary of the current status of the matter, see this KDA-DWR-Update.

On 10/18/2019, KDA was informed that the United States Department of the Interior, which oversees the U.S. Fish and Wildlife Service, is interested in working with the local leadership of the Rattlesnake Creek region to renew efforts to find a locally-driven solution to the impairment at the Quivira National Wildlife Refuge operated by the Service, before requested DWR to protect their water right. 

Slides from Public Meeting in St. John, Oct. 21, 2019
Livestream of KDA-DWR Public Meetings in St. John, Oct. 21:
    Oct. 21 3:00-5:00 meeting
    Oct. 21 7:00-9:00 meeting
Sample Letter: Notice of Planned Administration, 2020-22

List of Sections: Follow the links below to navigate to the corresponding sections.
Planned Administration, 2020-22
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
Impairment Investigation Progress and Plan

Status and Background of the Quivira Impairment as of Aug 2019

Planned Administration, 2020-22


Description

 Document File

File Size  

Date Posted

Provided by

Notice of Public Meeting Notice of Public Meeting     KDA
Sample Letter - Notice of Planned Administration
Sample Notice Letter
1 MB
10/04/2019
KDA
KDA-DWR Video on Allocation Advisory Info (YouTube)
Allocation Advisory Info (Video)
  10/04/2019
KDA
KDA-DWR Video on Moving Allocations in a Proposed Rattlesnake Creek WCA (YouTube)
Moving Allocations in a WCA (Video)
  10/04/2019
KDA
Impairment Administration Zones map Impairment Administration Zones map 807 KB  09/24/2019 KDA

Administrative Review of Chief Engineer's LEMA Decision


Description

 Document File

File Size  

Date Posted

Provided by

Order Denying Petition for Stay and Granting Petition for Review and Notice of Prehearing Conference (08/30/2019)
Secretary's Order on GMD 5's Petitions
138 KB  09/03/2019 KDA
GMD 5 Petition for Review of Chief Engineer's Rejection of LEMA and Petition for Stay of Proceedings
(08/14/2019)
Letter to Secretary with Petitions  2 MB
09/03/2019
GMD 5

Development of Impairment Remedy


Description

 Document File

File Size  

Date Posted

Provided by

Letter from Crane Farms
(09/06/2019)
Letter from Crane Farms  10 MB
09/24/2019
Crane
KDA Reply to Letter from Multiple Agricultural Entities Regarding Administrative Orders (revised) Response Letter to Ag Organizations (revised) 1 MB 09/23/2019 KDA
Letter from Golden Belt Feeders to Governor Kelly
Letter from Golden Belt Feeders to Governor Kelly  61 KB
09/03/2019
Kaiser
Letter from Multiple Agricultural Entities Regarding Administration Orders Letter to Chief Engineer 205 KB 08/29/2019 Multiple Agricultural Entities
Chief Engineer Response to Audubon of Kansas Response to Audubon of Kansas 60 KB  08/23/2019 KDA
Resolving the Quivira Impairment, Aug 2019 Resolving the Quivira Impairment, Aug 2019 775 KB 08/2019 KDA
Letter from Audubon of Kansas to KDA Letter from Audubon of Kansas to KDA 93 KB  08/19/2019 KS Audubon
KDHE Initial Water Quality Analysis of Augmentation at Quivira NWR (12/21/2018)
KDHE Initial Water Quality Analysis of Quivira Augmentation
1 MB 01/08/2019 KDHE
U.S. Fish and Wildlife request to secure water
(01/01/2019)
Request to Secure Water 946 KB 12/14/2018  Service 
Letter from USFWS to KS Audubon regarding impairment USFWS Letter to KS Audubon 402 KB 10/16/2018  Service 
Letter from four Kansas members of Congress to the US Fish and Wildlife Service Letter from Members of Congress to USFWS 110 KB 08/30/2018  Members of Congress
KDA response to KS Audubon Response to Audubon 252 KB 08/27/2018 KDA
Letter from KS Audubon society regarding impairment
KS Audubon Letter
159 KB
08/22/2018   KS Audubon
U.S. Fish and Wildlife request to secure water
(01/07/2017)
Request to secure water 
368 KB
08/22/2018
Service
Crane Farms comments (02/25/2018) Crane Farms comments
9 MB 03/5/2018 Crane
Rattlesnake Creek Streamflow Response Regions, version 5 with cities and highways Rattlesnake Creek Response Map with landmarks 4 MB 02/15/2018 KDA
Improved irrigation/pumping relationship Improved irrigation/pumping relationship (Attachments)
Multiple  01/09/2018 KDA
Rattlesnake Creek Streamflow Response Regions, version 5
(11/16/2017)
Rattlesnake Creek Response Map
2 MB
02/6/2018
KDA
Follow-up on questions from 11/10/2017 meeting
(11/16/2017)
Follow-up on 11/10/2017 meeting
86 KB 01/09/2018  KDA
 Modeling work to refine Zone A (version 4)
(11/09/2017)
Modeling work to refine Zone A (version 4)
1 MB 01/09/2018  KDA
Second letter of comment from Alan and Rachel Crane (09/29/2017) Crane comments 3 MB 10/02/2017 Crane
DWR response to letter from Audubon of Kansas
(09/29/2017)
DWR Response to Audubon of Kansas
196 KB 10/02/2017 KDA
Letter of comment from the Audubon of Kansas regarding the impairment negotiations (09/06/2017) Audubon of Kansas
comments

375 KB 09/14/2017 KS Audubon
Letter of comment from Alan and Rachel Crane regarding the impairment remedy and Mystery River Basin
(08/30/2017)
Crane comments 4 MB 09/27/2017 Crane
Email explaining work to develop revised response regions map (08/07/2017) Response map revision notes 
1.0 MB
08/17/2017 KDA
Rattlesnake Creek Streamflow Response Regions
(revised 08/04/2017)
Rattlesnake Creek Response Map 
(Superseded 11/16/2017)
2.7 MB  08/17/2017 KDA
DWR to GMD 5, additional explanation on Quivira slides (07/13/2017) Additional explanation on Quivira slides
186 KB 01/09/2018 KDA
KDA DWR presentation on remedy requirements beyond augmentation (draft analysis)
(07/06/2017)
DWR Presentation
(July 2017)
2.0 MB 08/17/2017 KDA
DWR modeling work related to effect of varying level of pumping restrictions in two zones (06/19/2017) Model work (June 2017)
135 KB 01/09/2018  KDA
Fish and Wildlife Service response to GMD 5 second proposal
(03/22/2017)
Service response to second proposal   660 KB  4/19/2017 Service
GMD 5 Second Proposal (02/15/2017) GMD 5 second proposal 5.4 MB 02/17/2017 GMD 5
Service conditions on potentially acceptable solutions (12/13/2016) Conditions for solution 156 KB 12/19/2016 Service
DWR letter to GMD 5 regarding Service response to GMD proposal
(12/08/2016)
DWR to GMD 5 154 KB  12/08/2016 KDA
Fish and Wildlife Service response to GMD 5 proposal (12/01/2016) Service response to proposal 130 KB 12/02/2016 Service
GMD 5 proposal
(09/08/2016)
GMD 5 Proposal 2.0 MB 12/02/2016 GMD 5

GMD 5 Proposed Rattlesnake/Quivira LEMA


Description

 Document File

File Size  

Date Posted

Provided by

Order Denying Petition for Stay and Granting Petition for Review and Notice of Prehearing Conference (08/30/2019)
Secretary's Order on GMD 5's Petitions 138 KB 09/03/2019  KDA
GMD 5 Petition for Review of Chief Engineer's Rejection of LEMA and Petition for Stay of Proceedings (08/14/2019)
Letter to Secretary with Petitions 2 MB 09/03/2019  GMD 5 
KDA-DWR Formal Response to Feb 22, 2019 LEMA Proposal KDA Response to Feb 22 LEMA Proposal 102 KB 07/31/2019  KDA
Barfield response to Oct 29, 2018 letter on LEMA issues (Mystery River/MDS)

Barfield to GMD 5

David Traster to Barfield Regarding Mystery River and Prior Appropriation (10/29/2018)
Barfield Response to Oct 29, 2018 letter


Barfield to GMD 5


David Traster to Barfield
165 KB



66 KB


1 MB




06/28/2019


 
KDA and Traster
Update on Quivira impairment, presented by Chief Engineer Barfield at the KGS field conference Update on Quivira impairment
311 KB 06/10/2019 KDA
DWR Review of GMD 5's Feb 22 LEMA Proposal
DWR Review of Feb 22 LEMA Plan
3.4 MB
05/30/2019
KDA
KDA informal review of comments on GMD 5's Feb 22 LEMA Proposal
KDA informal review of comments on Feb 22 LEMA Plan
2 MB
04/04/2019 KDA
Quivira NWR LEMA Request to DWR by GMD 5
GMD 5 Feb 22 LEMA Proposal 2.2 MB  02/22/2019  GMD 5
KDHE Initial Water Quality Analysis of Augmentation at Quivira National Wildlife Refuge
(12/21/2018)
KDHE Initial Water Quality Analysis of Quivira Augmentation  1 MB
01/08/2019
KDHE
KDA-DWR Memo on Sufficiency of GMD 5's Augmentation-Only Plan to Resolve Quivira Impairment (01/04/2019)
KDA Memo on Sufficiency of Augmentation-Only Plan 671 KB  01/07/2019 KDA
KDA-DWR Evaluation of the impact of end gun removal on water use within GMD 5 under its 2010 AWEP
KDA Evaluation of end gun removal impact  208 KB
01/04/2019
KDA
Petition for Judicial Review Dismissed
Petition for Judicial Review Dismissed 
298 KB
01/02/2019
KDA and Traster
KDA Response to LEMA Proposal
KDA Response to LEMA Proposal  58 KB
12/20/2018
KDA
GMD 5 LEMA Proposal
GMD 5 LEMA Proposal 4 MB
12/13/2018
GMD 5
GMD 5 LEMA Proposal Transmittal
GMD 5 LEMA Proposal Transmittal  1 MB
12/13/2018
GMD 5
Memorandum of Understanding between Chief Engineer and GMD 5 Memorandum of Understanding
91 KB 11/15/2018 KDA and GMD 5
Correspondence between KDA and GMD 5
Correspondence between KDA and GMD 5  669 KB
10/17/2019
KDA
KDA review of Aug 9, 2018 draft GMD 5 LEMA Plan
KDA review of Aug draft LEMA plan  200 KB
08/23/2018
KDA
Draft LEMA Proposal, Aug 2018
Draft LEMA Proposal Aug 2018
6 MB
08/13/2018
GMD 5
KDA feedback on Jul 2018 draft plan
KDA feedback on Jul 2018 draft LEMA plan
103 KB
08/06/2018
KDA
Draft LEMA Proposal
Draft LEMA Proposal  3 MB
07/12/2018 GMD 5
Correspondence - Secretary McClaskey to GMD 5
Letter from Secretary to GMD 5  37 KB
05/17/2018
KDA
Correspondence - GMD 5 to DWR, Response to Apr 26, 2018 letter
GMD 5 Response to Apr 26 Letter  79 KB
05/15/2018
GMD 5
Climate-based water use estimation
Climate-based water use estimation  803 KB
05/15/2018
KDA
Correspondence - Secretary McClaskey to GMD 5 Board of Directors
Secretary's Letter to GMD 5 Board  97 KB
04/26/2018
KDA
Petition for Judicial Review
Petition for Judicial Review
784 KB
04/04/2018
Traster
Letter regarding Opposition to Draft Proposal
Letter on Opposition to Draft Proposal  1 MB
03/19/2018
Mulitple
Kenny Titus email to Preheim with attached additional markup as of Mar 6, 2018
Titus email to Preheim  8 MB
03/07/2018
KDA
Correspondence - Comments on the proposed Big Bend GMD LEMA Plan (03/01/2018) Comments on Proposed LEMA  143 KB
03/05/2018
Traster
Chris Beightel email to Orrin Feril with attached rewrite of draft plan
Beightel email to Feril with draft rewrite  1 MB
03/03/2018
KDA
Presentations on Proposed LEMA at GMD 5 Annual Meeting
(02/15/2018)
Video of the presentations (YouTube)   03/01/2018 Multiple
DWR presentation on Quivira Impairment Remedy Requirements
(02/15/2018)
Quivira Impairment Remedy Requirements

Video of this presentation (YouTube)
2 MB 02/16/2018 KDA
Draft LEMA proposal
Draft LEMA Proposal
7 MB 02/14/2018 GMD 5
Response to request for data on end guns and model runs
(01/05/2018)
Response to data request

Data Download
24 MB
01/09/2018
GMD 5
Request for data on end guns and model runs (12/17/2017)
End gun and modeling data request  154 KB
01/09/2018
KDA
KDA letter to GMD 5 regarding 2018 water administration, expectations for a remedy and calling for a public meeting 
(12/13/2017)
KDA Letter to GMD 5  184 KB
01/09/2018
KDA
Correspondence regarding draft "backstop" control provision options (10/20/2017)
(Attachments)
Letter on draft provision options

(Attachments)
Multiple 01/09/2018 KDA
Outline of LEMA plan elements needed to address impairment
(09/08/2017)
LEMA plan elements outline
132 KB
01/09/2018
KDA
Kenny Titus email to Lynn Preheim with attached: a) letter and b) comments on their draft plan (comments at end of document)  Titus email to Preheim

Letter to GMD 5 Board

Comments on Draft Plan 
25 KB

62 KB


1.2 MB
12/22/2017
KDA
GMD 5 LEMA Proposal outline
(08/11/2017)
GMD 5 LEMA Proposal Outline 19 KB
08/17/2017
GMD 5

Development of Impairment Investigation Report

 

 Description

 Document File

File Size 

Date Posted

Provided by

Final impairment investigation report Final Impairment Report
18.9 MB 07/15/2016 
KDA
Comments from the second draft of the initial impairment investigation report Second draft comments 53 KB 07/07/2016 Service
Supplemental responses to comments received following the first draft of the initial impairment investigation report Response to comments on Initial Report 458 KB 06/10/2016 KDA
Second draft of the initial impairment investigation report Second Draft Initial Report

Second Draft Initial Report with markup showing changes
11.87 MB (w/o markup)


2.91 MB (w/markup)
05/29/2016 KDA
Comments from the first draft of the initial impairment investigation report First draft comments 8.3 MB 05/17/2016
Multiple
DWR reply to extending comment period on initial impairment investigation report Comment period extension letter 178 KB 04/08/2016 KDA
Supplementary Information on Quivira Water Management Quivira Water Management 3 MB 03/08/2016 Service
Service's Responses to Impairment Solution Questions Raised at 01/27/2016 Meeting Service's Impairment Solution Responses  579 KB 03/07/2016  Service
DWR Quivira File DWR Quivira Water Right 7571 File 99 MB 01/15/2016 KDA
Initial Impairment PowerPoint Quivira Wildlife Refuge Initial Impairment PowerPoint Presentation 2 MB 12/14/2015 KDA

Initial Impairment Report

Quivira Wildlife Refuge Initial Impairment Investigation Report 
(Corrected Figure 4 and Attachment 3)

17 MB 

12/02/2015 

KDA

Modeling Presentation

Quivira Impairment Investigation Modeling Presentation

3 MB

12/02/2015 KDA

PD Map

Points of Diversion in the Rattlesnake Creek Basin

632 KB

06/25/2014

KDA

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


Since receiving the Service’s letter, KDA-DWR has done the following:
  • 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