DWR Currents

April 13, 2010


Public Hearings on Proposed Rule Changes
On April 7, Chief Engineer David Barfield conducted public hearings for water appropriation rule changes regarding 15 acre-feet exemptions in Equus Beds Groundwater Management District No. 2 and Big Bend Groundwater Management District No. 5, as well as statewide requirements for impairment investigations, due and sufficient causes for nonuse of water rights, and water flowmeter criteria.  The hearings were in Topeka with teleconference stations at Garden City, Halstead, Stafford and Stockton.  Several people provided written and/or spoken testimony.  The agency is considering the public comments and will make adjustments as appropriate.

On April 21, Barfield will conduct a public hearing in Topeka on changes to water banking rules.  The proposed amendment changes the eligibility requirements for a water right to be deposited into a water bank and the deadline by which the application must be filed. In an April 5 hearing before the Legislature’s Joint Committee on Administrative Rules and Regulations, the committee offered no comment on the proposed rule changes.

GMD 1 Moratorium on New Appropriations Extended
In response to a request from Western Kansas Groundwater Management District No. 1, Chief Engineer David Barfield issued an order last week providing a one-year extension, through April 21, 2011, for the existing moratorium on applications for new water appropriation permits in the district.

GMD 1 is working with DWR on proposed rule changes to close the district to new appropriations.  The moratorium is an interim measure while the rules are being developed.

While few new appropriations have been granted in recent years due to restrictive existing regulations, this step is recognition that the area is fully appropriated or overappropriated.  In other words, additional appropriations would exceed safe yield—the amount of water normally recharged to the aquifer by precipitation.

The moratorium will help protect existing water rights from increased risk of impairment and accelerated regional lowering of the water table that could occur if new appropriations were allowed.

Domestic use, temporary permits and term permits are exempt from the moratorium.  This is important to preserve opportunities for household wells in areas not served by public water suppliers and to accommodate construction projects and other temporary uses of water.

Yard Watering Restrictions in Hays
At the City of Hay’s request, Chief Engineer David Barfield issued a letter last week establishing a ban on the use of domestic wells for watering lawns, gardens, trees and other outdoor vegetation between noon and 7 p.m., daily, from June 1 through September 30, 2010.

This is consistent with previous bans on outdoor watering in Hays in years 1988 through 1993, 1995 through 2006, 2008 and 2009 pursuant to the Hays Intensive Groundwater Use Control Area (IGUCA).

The ban was enacted to prevent water waste, recognizing that excessive evaporation occurs as a result of hot, windy conditions that prevail throughout most summer afternoons.

Index Wells Provide More Precise Measurements of Aquifer Levels
Kansas Geological Survey provided partner agencies an update last week on the status of their Index Well Program.

One index well is installed in each of the groundwater management districts in the western (Ogallala) portion of the High Plains aquifer area, within GMDs 1, 3 and 4.  The index wells are in representative geological settings and are instrumented for continuous water level monitoring, as well as barometric monitoring.

One of the most striking findings to date is that changes in barometric pressure can alter well water levels up to 1½ feet, and this barometric effect is anticipated to increase as groundwater levels drop farther.

Another finding is that some wells are still recovering when annual water level measurements are made during the first part of the year.  That means the water level is still rising from the drawdown generated during the irrigation season.

KGS is working on methodologies to apply information gathered at the index wells to “filter out” barometric pressure effects and estimate well recovery levels.  Eventually the technological advances being developed through the index wells may be used to adjust the annual measurements of groundwater level changes at other wells in the High Plains aquifer.

DWR has contributed to this work by outfitting data collection from nearby wells and providing other assistance.

Ark River Flow Ceased at Garden City
With repairs to the outlet works at Lake McKinney nearly complete, the Great Eastern Ditch Company began diverting available flows from the Arkansas River into the lake on April 2.  Consequently, the river flow at Garden City ceased on April 4.

Right: Lake McKinney primary spillway construction, March 26, 2010. (Click to enlarge image.)

There were approximately 40 days of continuous river flow at Garden City, with average daily rates peaking at 31 cubic feet per second (cfs) on March 27.  It was the first continuous flow in this reach of the Arkansas River since March 2002.

At current rates of inflow, around 120 cfs, Lake McKinney could be filled in about 30 days.  Water stored in Lake McKinney will be used for irrigation during the upcoming season.

Legislative Updates
The regular session adjourned on March 31 and the Legislature is scheduled to reconvene April 28 for the wrap-up session.  There are only a couple items to report this week:

• House Substitute for Senate Bill 316 was signed into law by Governor Mark Parkinson on April 6.  The bill specifies that a groundwater right that has as its local source of supply an aquifer area that has been closed to new appropriations by rule, regulation or order of the chief engineer, and where means of diversion are available to put water to a beneficial use within a reasonable time, shall be deemed to have due and sufficient cause for nonuse and shall not be deemed abandoned.  The bill takes effect upon its publication in the Kansas Statute Book.

• Joint Committee on Administrative Rules and Regulations — Chief Engineer David Barfield addressed the committee in their April 5 hearing on proposed amendments to water banking regulations.  The committee offered no comment.  The public hearing on this proposed amendment is scheduled April 21 in Topeka.

Upcoming Events

• April 21: Public hearing on proposed amendment to water banking regulations (Topeka)
• April 22: Culvert, Drainage and Levee Maintenance workshops by Kansas University Transportation Center (McPherson)
• April 23: Culvert, Drainage and Levee Maintenance workshops by Kansas University Transportation Center (Junction City)
• May 6: Substantial Damage Estimation class (Lyons)
• May 13: How to Read a Flood Map training (Bonner Springs)
• May 13-14: Kansas Water Authority meeting (Wichita)

***NOTE: The April 20 Culvert, Drainage and Levee Maintenance workshop at Colby and the April 21 Culvert, Drainage and Levee Maintenance workshop at Hays have been CANCELLED***

For more information about these and other upcoming events, please check our online events listings.