DWR Currents

July 27, 2010


Kansas Files Reply Brief in Lawsuit over Nebraska’s Compact Violations
After filing a reply brief last week, Kansas officials are waiting to learn if the U.S. Supreme Court will hear the state’s case.  It could be months before the outcome is known, because the court recesses during the summer and there is no established timeframe for the court’s decision.

As reported in the May 10 Currents, Kansas has formally asked the U.S. Supreme Court to find Nebraska in contempt for its 2005-2006 violations of the court’s decree adopting the Republican River settlement, to compensate Kansas for its injuries, and to impose requirements to ensure Nebraska’s future compliance with the decree.

In the July 13 Currents, we reported on responsive filings by Nebraska and Colorado, which despite some opposing arguments or noncommittal statements, supported the U.S. Supreme Court taking this case.

Kansas’ reply, filed on July 20 makes several main points:

• Neither Nebraska nor Colorado requested denial of the motion for the court to hear the case.

• Nebraska’s factual assertions, though premature, provide further support for Kansas’ motion.

• The court’s criteria for exercise of jurisdiction are met.

All of the filings and other relevant information are available at DWR’s Republican River Compact website.


Biosecurity at Hog Facilities Requires Changes in Some Water Meter Locations
Healthy hogs and verifiable water use are both important to the Kansas Department of Agriculture.  DWR staff are working with pork producers to improve these outcomes.

Most hog facilities have heightened biosecurity protocols, including allowing only those people who have not visited another hog facility within the previous 72 hours to enter and requiring visitors to shower and change into sanitized clothing at the facility.  These and other measures are necessary to prevent the spread of swine diseases.

Recently, DWR staff have been confronted with these biosecurity protocols when they’ve visited northeast Kansas hog facilities to inspect water flowmeters.  

“Some hog facilities have the meter inside the barn, where it is impossible for us to access without entering the secure area,” said Katie Tietsort, water commissioner of DWR’s Topeka field office, which performs water right inspections in the eastern third of Kansas.  “In order to perform our job effectively, and with the least impact on facility operations, we’re asking owners to relocate their water flowmeters to a safe location outside the facility.”

A number of owners have complied with this requirement and others are in the progress of making modifications.  

“We appreciate the efforts of Tim Stroda from the Kansas Pork Association, as well as individual hog facility owners, for working with DWR and relocating meters where necessary,” said Lane Letourneau, Water Appropriation program manager at DWR.  “Avoiding contact between our staff and hogs is in everyone’s best interest.”

DWR’s water flow metering requirements website provides related information.


Staff News: Dave Judd Joins DWR
Dave Judd, previously an administrative specialist for 17 years with Kansas Agricultural Statistics, a joint venture involving the U.S. Department of Agriculture and the Kansas Department of Agriculture, transferred to DWR’s Water Structures program July 19.  

“I park in the same lot,” Judd said. “I just have to walk a lot farther.”

In his new job, Judd prepares notices to other state agencies about permit applications for dams, levees, and other stream obstructions and floodplain fills as required under the Water Projects Environmental Coordination Act.  This provides an opportunity for agencies to comment on any environmental considerations associated with a project.  The notices are distributed electronically to save paper and make the process faster.

In addition, Judd will operate a new document management system for the dam safety program.  This will involve scanning paper documents, moving electronic documents into the system and indexing documents for future retrieval.  The document management system will reduce the agency’s reliance on long-term paper file storage, provide better document security through backup images of original files, and make it easier to locate and distribute documents for processing applications and open record requests.

Judd is a lifelong Topekan.  Outside of work, Judd enjoys his classic rock music collection and riding his Harley Sportser, especially in the Flint Hills area.

“My dream is go out to California and do a sentimental drive from Bakersfield to Pismo Beach on California State Route 166 or take the classic California Highway 1 ride along the coast.”


Upcoming Events

• July 27-28: National Watershed Coalition Operations & Maintenance Workshop (Mayetta)
• July 28: Kansas-Oklahoma Arkansas River Compact Annual Meeting (Arkansas City)
• August 4: Small Dam Owners Seminar (Salina)
• August 4-5: Kansas Water Authority Meeting (Paola)
• August 10: GMD 2 Board Meeting (Halstead)
• August 11: Small Dam Owners Seminar (Westmoreland)
• August 11: GMD 3 Board Meeting (Garden City)
• August 12: Republican River Compact Annual Meeting (Burlington, Colorado)
• August 12: GMD 4 Board Meeting (Colby)
• August 12: GMD 5 Board Meeting (Stafford)

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