Water Rights

[dhelmke]

Water Rights is an important issue for many Kansas water systems.

If you have a question that you think others also have, ask it here at the Wateringhole and we'll provide an answer.

Doug Helmke

[dhelmke]

DWR Meter Orders

The Chief Engineer issued meter orders for two different parts of Kansas in January.

The Northern portion of the Stafford Field Office (includes all or portions of the counties of Barton, Edwards, Ellsworth, Hodgeman, Ness, Pawnee, Rice & Rush) is under the order issued January 15, 2009.  Water rights without a previous meter requirement are to install a meter by December 31, 2009.  A meter installation form is to be submitted within 30 days of installation.  Those water rights already having meters installed have to submit their report by December 31, 2009.  If you don't know if your water right is subject to the order or reporting requirements, call the Stafford Field Office.

The Fall River Drainage Basin is under the order dated January 6, 2009.  Parts of the counties of Elk, Greenwood, Wilson and Butler are under this order.  Water rights without a previous meter requirement were to have meters installed by May 1, 2009, and installation reported within 30 days of installation.  Meters previously installed were to be reported by May 1, 2009.  The Topeka Field Office and Parsons Satellite Office can answer questions about this order.

Find more information on the DWR website at
http://www.ksda.gov/appropriation/content/274

[dhelmke]

This note is primarily directed to any engineers and water right consultants that might be on the Wateringhole, and water systems staff that are comfortable completing their own applications for new water rights. 

DWR has an updated Application for Approval to Appropriate Water on their website (http://www.ksda.gov/includes/document_center/appropriation/DWR_forms/1_100.pdf).  It was revised June 29, 2009.  Language has been added explaining that proof of permission to access the proposed point of diversion or the land on which it will be located is required.  In lieu of documentation, the applicant can sign a statement swearing that access has been granted.

[dhelmke]

A new list of Certified Water Flowmeters has been released by the Division of Water Resources.

Before replacing any meters on your wells or surface water pumps, be sure your replacement meters are on this list dated September 3, 2009:
http://www.ksda.gov/includes/document_center/appropriation/DWR_forms/1_204_7.pdf

[dhelmke]

Blaming the action on budgetary restraints, DWR is proposing to end the Water Rights Conservation Program.  Two links for more information are:
Fact Sheet:  http://www.ksda.gov/includes/document_center/dwr/Publications/WRCPFactSheet.pdf &
Comment Submission and Proposed Regulations Change:
http://www.ksda.gov/appropriation/statutes/id/184

While not extremely popular with public water systems, I know of one that has purchased a number of irrigation water rights for future use that were enrolled.  After expiration of the specific contracts, the water system will have about 5 years to start "exercising" the water rights again.  This means that the City will have to start irrigating again, or file change applications for approval to change the use made of water to municipal use and pipe the water to town.

You may wish to consider filing a comment with the Chief Engineer or attending the public hearing on November 30, 2009, to explain the hardship this will cause.

[dhelmke]

New Meter Order!  Order issued October 14, 2009.

The Chief Engineer of the Division of Water Resources (DWR) has issued a meter order for the entire Stockton Field Office Area (NW & NC Kansas).  If your water system has wells without meters, order a DWR-acceptable meter as soon as possible.  Demand (and prices) may increase closer to the deadline.  A link to the list of acceptable meters was provided in a previous post.  These meters must be installed by April 1, 2010.

Redundancy is the norm at DWR.  If you have meters on your wells, you still must file reports that acceptable meters are still installed.  Forms for existing meters must be received by March 1, 2010.

If you have any questions, contact KRWA or DWR.  The forms must be sent to the Stockton Field Office.  They will number in the thousands.  You may wish to call the Stockton Office a few days after mailing to confirm the form or forms have been received.  Calling them on March 30 (from the KRWA Conference, yes?) may find their phone lines overloaded.  Submit these forms as soon as possible to avoid missing the deadline.

[dhelmke]

Besides the Wateringhole, you may also want to get news regarding water rights directly from DWR.  One way to do this is to subscribe to their e-newsletter (which appears to be a weekly publication, at this time).

Go to http://www.ksda.gov/appropriation/mailing_list/id/68 and provide your e-mail address.  Simple as that.

This week's news is the mailing of the annual water use reports and a look at Minimum Desirable Streamflow.  Will Kansas continue to avoid MDS administration as has happened the last two years, or will dryer conditions prevail?

[dhelmke]

More Meter Orders!

Elk River - November 2, 2009
Caney River - November 2, 2009
Verdigris River - January 4, 2010
Mill Creek (Republic & Washington Counties) - January 4, 2010
Little Blue River - January 4, 2010

Go to http://www.ksda.gov/appropriation/content/274 for the latest information.

[dhelmke]

Because of reduced funds for travel, DWR has shifted some of its enforcement efforts to originate from their desks, instead of onsite, in the field.  One such effort that has happened in the Topeka Field Office is a review of the water use reports and comparing the water purchased/sold with the authorized places of use under the water rights.  Letters stating possible violations were sent to 29 water systems in the eastern third of Kansas recently.

What I've confirmed is that an emergency connection to a neighboring water system does not require that the neighboring system be listed under the water right/s authorized place of use.  What I have learned is that the emergency supply of water to the neighboring system should be reported as soon as possible, if not before, to the Water Commissioner.   Of course, metering this emergency supply of water is also necessary.

As always, let me know if you have any questions.

[dhelmke]

Effective May 21, the following Water Appropriation Act Regulations were recently amended:

K.A.R. 5-1-4 - Water flowmeter specifications.
K.A.R. 5-1-9 - Criteria to determine when a water flowmeter is out of compliance.
K.A.R. 5-7-1 - Due and sufficient cause for nonuse.
K.A.R. 5-17-2 - Application to deposit a water right into a water bank or withdraw a deposit.

The entire set of regulations can be downloaded from:
http://www.ksda.gov/includes/statute_regulations/appropriation/KWAA_Rules_Regs.pdf

Some GMD regulations have also been amended recently (K.A.R. 5-25-15 - Exemptions for up to 15 acre-feet of groundwater in GMD 5 & K.A.R. 5-22-7 - Safe yield in GMD 2) and you can access the full GMD regulations here:
GMD 2 = http://www.ksda.gov/appropriation/statutes/id/63
GMD 5 = http://www.ksda.gov/appropriation/statutes/id/66