Current Status:

The KDA Division of Water Resources (DWR) has completed a draft supplement to the 2016 Final Report of the Chief Engineer regarding the impairment of Water Right File No. 7,571. The supplement does not reexamine nor reach a different conclusion than that upstream junior groundwater pumping regularly and significantly impairs the Service’s ability to use its Water Right File No. 7,571. If you have questions or comments regarding the supplement, please email KDA.DWR@ks.gov or send mail to the Chief Engineer, Kansas Department of Agriculture, 1320 Research Park Drive, Manhattan, KS 66502 by September 19, 2023.

Read the supplement here: Draft Supplement

On February 10, 2023 the Chief Engineer of DWR 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 review 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 

List of Sections:
Follow the links below to navigate to the corresponding sections on this page.
Development of Impairment Remedy Following 2023 Request to Secure Water
Audubon of Kansas v. Lewis
Administrative Review of Chief Engineer's LEMA Decision
Development of Impairment Remedy
GMD5 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 August 2019
Archive of Planned Fall 2019 Administration (Not Implemented)

Development of Impairment Remedy Following 2023 Request to Secure Water

Description	File Size	Document Date	Provided By
Letter from KDA to Potentially Affected Water Right Holders Regarding the Draft Supplement	72 KB	08/21/2023	KDA
Draft Supplement to 2016 Impairment Report Supporting materials	126 KB 4 MB	08/11/2023	KDA
Letter from Stafford County Farm Bureau Association to KDA	2 MB	04/26/2023	Stafford County Farm Bureau Association
Letter from KDA to Potentially Affected Water Right Holders	447 KB	04/10/2023	KDA
Letter from GMD5 to Service	493 KB	03/06/2023	GMD5
Letter Accompanying Request to Secure Water	209 KB	02/10/2023	Service
Request to Secure Water	128 KB	02/06/2023	Service

Audubon of Kansas v. Lewis

Description	File Size	Document Date	Provided By
Motion for Peremptory Order of Mandamus Memo in Support of Motion for Peremptory Order	103 KB 2 MB	07/17/2023	AOK
KS Audubon Petition to Shawnee County District Court	11 MB	07/11/2023	AOK
Order Dismissing KS Audubon Petition	29 KB	06/30/2023	KS Supreme Court
KS Audubon Petition to KS Supreme Court Memo Supporting KS Audubon Petition KS Audubon Petition Exhibits	2 MB 5MB 53 MB	06/23/2023	AOK

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 GMD5's Petitions	138 KB	09/03/2019	KDA
GMD5 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	GMD5

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 Re: 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 Re: Administration Orders	Letter to Chief Engineer	205 KB	08/29/2019	Multiple Agricultural Entities
Chief Engineer Response to KS Audubon	Response to KS Audubon	60 KB	08/23/2019	KDA
Resolving the Quivira NWR Impairment, Aug 2019	Resolving the Quivira Impairment, Aug 2019	775 KB	08/2019	KDA
Letter from KS Audubon to KDA	Letter from KS Audubon 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
Request to Secure Water (01/01/2019)	Request to Secure Water	946 KB	12/14/2018	Service
Letter from Service to KS Audubon Re: Impairment	Service Letter to KS Audubon	402 KB	10/16/2018	Service
Letter from Four KS Members of Congress to the Service	Letter from Members of Congress to Service	110 KB	08/30/2018	Members of Congress
KDA response to KS Audubon	Response to KS Audubon	252 KB	08/27/2018	KDA
Letter from KS Audubon Re: Impairment	KS Audubon Letter	159 KB	08/22/2018	KS Audubon
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	03/05/2018	Crane
Rattlesnake Creek Streamflow Response Regions Map, V5 with Cities and Highways	Rattlesnake Creek Response Map with landmarks	3 MB	02/15/2018	KDA
Improved Irrigation/Pumping Relationship	Improved Irrigation/Pumping Relationship (Attachments)	Multiple	01/09/2018	KDA
Rattlesnake Creek Streamflow Response Regions Map, V5 (11/16/2017)	Rattlesnake Creek Response Map	2 MB	02/06/2018	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 (V4) (11/09/2017)	Modeling Work to Refine Zone A (version 4)	1 MB	01/09/2018	KDA
2nd Letter of Crane Comments (09/29/2017)	Crane Comments	3 MB	10/02/2017	Crane
KDA Response to Letter from KS Audubon (09/29/2017)	KDA Response to KS Audubon	196 KB	10/02/2017	KDA
KS Audubon Comment Letter Re: Impairment Negotiations (09/06/2017)	KS Audubon Comments	375 KB	09/14/2017	KS Audubon
Crane Comment Letter Re: Impairment Remedy and Mystery River Basin (08/30/2017)	Crane Comments	4 MB	09/27/2017	Crane
Email Explaining Development of Revised Response Regions Map (08/07/2017)	Response Map Revision Notes	1 MB	08/17/2017	KDA
Rattlesnake Creek Streamflow Response Regions (Revised 08/04/2017)	Rattlesnake Creek Response Map  (Superseded 11/16/2017)	3 MB	08/17/2017	KDA
DWR to GMD5, Additional Explanation of Quivira Slides (07/13/2017)	Additional Explanation of Quivira Slides	186 KB	01/09/2018	KDA
KDA DWR Presentation on Remedy Requirements Beyond Augmentation (Draft Analysis) (07/06/2017)	DWR Presentation (Jul 2017)	2 MB	08/17/2017	KDA
DWR Modeling Work Re: Effect of Varying Levels of Pumping Restrictions in Two Zones (06/19/2017)	Modeling Work (Jun 2017)	135 KB	01/09/2018	KDA
Service response to 2nd GMD5 Proposal (03/22/2017)	Service Response to 2nd Proposal	660 KB	04/19/2017	Service
2nd GMD5 Proposal (02/15/2017)	2nd GMD 5 Proposal	5 MB	02/17/2017	GMD5
Service Conditions Re: Potentially Acceptable Solutions (12/13/2016)	Conditions for Solutions	156 KB	12/19/2016	Service
DWR to GMD5 Re: Service Response to GMD Proposal (12/08/2016)	DWR to GMD5	154 KB	12/08/2016	KDA
Service Response to GMD5 Proposal (12/01/2016)	Service Response to Proposal	130 KB	12/02/2016	Service
GMD5 Proposal (09/08/2016)	GMD5 Proposal	2 MB	12/02/2016	GMD5

GMD5 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 GMD5 Petitions	138 KB	09/03/2019	KDA
GMD5 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	GMD5
DWR Formal Response to 02/22/2019 LEMA Proposal	DWR Response to Feb 19 LEMA Proposal	102 KB	07/31/2019	KDA
Barfield Response to 10/29/2018 Letter on LEMA issues (Mystery River/MDS) Barfield to GMD5 David Traster to Barfield Regarding Mystery River and Prior Appropriation (10/29/2018)	Barfield Response to 10/29/2018 letter Barfield to GMD5 David Traster to Barfield	165 KB 66 KB 1 MB	06/28/2019	KDA and Traster
Barfield Update on Quivira Impairment, KGS Field Conference	Update on Quivira Impairment	311 KB	06/10/2019	KDA
DWR Review of GMD5 Feb 19 LEMA Proposal	DWR Review of Feb 19 LEMA Plan	3 MB	05/30/2019	KDA
KDA Informal Review of Comments on GMD5 Feb 19 LEMA Proposal	KDA Informal Review of Comments on Feb 19 LEMA Plan	2 MB	04/04/2019	KDA
Quivira NWR LEMA Request to DWR by GMD5	GMD5 Feb 19 LEMA Proposal	2 MB	02/22/2019	GMD5
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
DWR Memo on Sufficiency of GMD5 Augmentation-Only Plan to Resolve Quivira Impairment (01/04/2019)	KDA Memo on Sufficiency of Augmentation-Only Plan	671 KB	01/07/2019	KDA
DWR Evaluation of Impact of End Gun Removal on Water Use in GMD5 under 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
GMD5 LEMA Proposal	GMD5 LEMA Proposal	4 MB	12/13/2018	GMD5
GMD5 LEMA Proposal Transmittal	GMD5 LEMA Proposal Transmittal	1 MB	12/13/2018	GMD5
MoU between Chief Engineer and GMD5	Memorandum of Understanding	91 KB	11/15/2018	KDA and GMD5
Correspondence between KDA and GMD5	Correspondence between KDA and GMD5	669 KB	10/17/2019	KDA
KDA Review of 08/09/2018 Draft GMD5 LEMA Plan	KDA Review of 08/2018 Draft LEMA Plan	200 KB	08/23/2018	KDA
Draft LEMA Proposal, Aug 2018	Draft LEMA Proposal Aug 2018	6 MB	08/13/2018	GMD5
KDA Feedback on Jul 2018 Draft LEMA 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	GMD5
Correspondence - Secretary McClaskey to GMD5	Letter from Secretary to GMD5	37 KB	05/17/2018	KDA
Correspondence - GMD5 to DWR, Response to 04/26/2018 letter	GMD5 Response to Apr 18 Letter	79 KB	05/15/2018	GMD5
Climate-Based Water Use Estimation	Climate-Based Water Use Estimation	803 KB	05/15/2018	KDA
Correspondence - Secretary McClaskey to GMD5 Board of Directors	Secretary's Letter to GMD5 Board	97 KB	04/26/2018	KDA
Petition for Judicial Review	Petition for Judicial Review	784 KB	04/04/2018	Traster
Letter Re: Opposition to Draft Proposal	Letter Re: Opposition to Draft Proposal	1 MB	03/19/2018	Mulitple
Titus Email to Preheim with Attached Additional Markup as of 03/06/2018	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
Beightel Email to Feril with Attached Rewrite of Draft LEMA Plan	Beightel Email to Feril with Draft Rewrite	1 MB	03/03/2018	KDA
Presentations on Proposed LEMA at GMD5 Annual Meeting (02/15/2018)	Video of 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	GMD5
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	GMD5
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 GMD5 Re: 2018 Water Administration, Remedy Expectations, and Call for Public Meeting (12/13/2017)	KDA Letter to GMD5	184 KB	01/09/2018	KDA
Correspondence Re: 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
Titus Dmail to Lynn Preheim with Attached: a) Letter and b) Comments on Draft Plan	Titus email to Preheim Letter to GMD5 Board Comments on Draft Plan	25 KB 62 KB 1 MB	12/22/2017	KDA
GMD5 LEMA Proposal Outline (08/11/2017)	GMD 5 LEMA Proposal Outline	19 KB	08/17/2017	GMD5

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 2nd Draft of Initial Impairment Investigation Report	2nd Draft Comments	53 KB	07/07/2016	Service
Supplemental Responses to Comments from 1st Draft of Initial Impairment Investigation Report	Response to Comments on Initial Report	458 KB	06/10/2016	KDA
2nd Draft of Initial Impairment Investigation Report	Second Draft Initial Report Second Draft Initial Report with Markup Showing Changes	12MB 3 MB	05/29/2016	KDA
Comments from 1st Draft of Initial Impairment Investigation Report	1st Draft Comments	8 MB	05/17/2016	Multiple
DWR Reply to Request to Extend 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 No. 7571 File	99 MB	01/15/2016	KDA
Initial Impairment PowerPoint	Quivira NWR Initial Impairment PowerPoint Presentation	2 MB	12/14/2015	KDA
Initial Impairment Report	Quivira NWR 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 (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 five-step process for impairment investigations and actions: 1) a complaint is submitted in writing, 2) DWR investigates the complaint, 3) DWR reports on the findings of their investigation, 4) if impairment is found and action desired, the complainant files a request to secure water, and 5) action by the Chief Engineer lasts as long as is 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, the relevant regulations were amended to provide more specific procedures for groundwater impairment investigations, including increased opportunities for groundwater management districts to comment on and assist with impairment investigations, requirements for complainants to provide information showing that their pump system and well are adequate, and increased transparency by DWR in making data available and providing affected water users with opportunity to comment.

Impairment Investigation Progress and Plan

Since receiving the Letter from the Service, DWR has done the following.

• DWR met with the GMD5 Board and reported at GMD5’s 2013 Annual Meeting regarding the Service's request and how the investigation would proceed.
• DWR met with the Service to confirm their intent for DWR to conduct an impairment investigation and to outline requirements for information DWR would need from the Service to begin its investigation.
• DWR received additional information requested from the Service to define their specific needs.   
• DWR used the GMD5 groundwater model to determine the magnitude and timing of the effect of junior groundwater pumping on the Rattlesnake Creek at Quivira NWR.
• On November 4, 2014, DWR presented groundwater modeling results for nine alternative historical scenarios at a public meeting in St. John.  A summary PowerPoint is available in the "Development of Impairment Investigation Report" table above.
• On December 2, 2015, DWR published its initial impairment investigation report for review and comment.
• On December 10, 2015, DWR  held a public meeting in St. John to present a summary of the initial report’s findings, answer questions, and seek input.
• On January 15, 2016, DWR published entire Quivira NWR water right file in the table "Development of Impairment Investigation Report" above.
• On May 13, 2016, the review period for the initial impairment investigation report ended.
• On May 30, 2016, DWR published a second draft of the initial impairment investigation report, which can be found in the "Development of Impairment Investigation Report" table above.
• On July 1, 2016, the review period for second draft of the initial impairment investigation report began.
• On July 15, 2016, DWR published a final impairment investigation report, which can be found in the "Development of Impairment Investigation Report" table above.
• On August 15, 2016, a basin-wide plan to implement an impairment remedy was submitted to the Chief Engineer.
• On September 9, 2016, GMD5 submitted a remedy proposal to the Service.
• On December 1, 2016, the Service responded to the GMD5 proposal.
• On December 8, 2016, DWR requested that GMD5 develop a revised proposal and advised the basin that DWR did not plan to administer junior water rights during the 2017 irrigation season, but if an agreement was not reached, DWR might administer in 2018.
• On February 15, 2017, GMD5 submitted a revised proposal to the Service.
• On March 22, 2017, the Service responded to the revised proposal.
• On May 2, 2017, DWR and GMD5 discussed remedy development.
• On June 19, 2017, DWR provided copies of modeling work related to the effect of varying levels of pumping restrictions in two zones.
• On July 6, 2017, DWR presented remedy requirements beyond augmentation.
• On July 13, 2017, DWR provided "additional explanation of Quivira slides."
• On August 7, 2017, DWR provided a refined Zone A map (V3; V2 was an intermediate version which was never presented).
• On August 11, 2017, DWR met with GMD5. GMD5 presented an outline of a proposed LEMA to remedy impairment.
• On August 30, 2017, DWR received a letter from Alan and Rachel Crane.
• On September 6, 2017, DWR received letter from Audubon of Kansas.
• On September 8, 2017, DWR met with GMD5 and provided an outline of LEMA plan elements needed to address impairment.
• On September 29, 2017, DWR responded to the letter from Audubon of Kansas.
• On October 18, 2017, DWR requested data from GMD5 on end guns and model runs related to augmentation.
• On October 20, 2017, DWR provided draft options for "backstop" control provisions.
• On October 30, 2017, KDA met with the GMD5 manager and attorney to discuss LEMA development.
• On November 9, 2017, DWR provided refined modeling to define Zone A (V4).
• On November 10, 2017, DWR participated in a GMD5 Board meeting.
• On November 16, 2017, DWR followed up on questions from the 11/10/2017 meeting.
• On November 17, 2017, DWR met with the GMD5 LEMA committee.
• On December 13, 2017, DWR wrote to GMD5 regarding 2018 water administration and expectations for developing a remedy for impairment and calling for a public meeting in early 2018.