DWR Currents
April 19, 2012
New law gives local control to conserve and extend water
MYFA application form now available for download
Chief engineer orders yard watering restrictions in Hays
Staff News: Tami Andrews departs
Upcoming events
New law gives local control to conserve and extend water
Surrounded by Colby Community College students, Kansas Governor Sam Brownback held a ceremonial signing of a bill on Apr. 17, designed to conserve the state's water supply and extend the life of the Ogallala Aquifer.
Senate Bill 310 establishes a process through groundwater management districts (GMDs) that allows local communities of producers to collectively decide their future by initiating the implementation of conservation plans that meet their local goals.
Governor Brownback encouraged GMDs to begin identifying places where “local enhanced management areas” (LEMAs) may be a good fit.
"We must conserve our water so we can extend the useful life of the Ogallala Aquifer," Brownback said. "This tool allows Kansans to join together and offer up ideas that work on the local level. It allows them to work together on behalf of their children and grandchildren to provide solutions that will save water for the next generation.”
Kansas Water Office Director Tracy Streeter, Groundwater Management District Four Manager Wayne Bossert, Kansas Department of Agriculture Division of Water Resources Chief Engineer Dave Barfield as well as legislators and stakeholder groups joined the Governor for the bill signing.
“The Local Enhanced Management Areas is an option that Kansans asked for and we already have a Groundwater Management District moving forward with a LEMA proposal,” Kansas Department of Agriculture Division of Water Resources Chief Engineer David Barfield said.
Work on reforming the state's water laws began a year ago when the Brownback administration started planning the Ogallala Aquifer Water Summit. Hundreds of Kansans concerned about the future of the state's water supply and the future of their children and grandchildren attended that summit in Colby. From there, the Ogallala Aquifer Advisory Committee reviewed short and long term water goals. Then the Kansas Water Authority developed the water reform legislative agenda presented to the Kansas Legislature for its consideration.
"Agriculture is key to the economic vitality of Kansas, and water is essential to agriculture production," Kansas Secretary of Agriculture Rodman said. "The Governor’s 2011 water legislation package was an important step towards creating water policy that benefits agriculture today and sustains the valuable water resources for future generations.”
KWO Director Streeter said this law is a true example of how when Kansans work together, they can find solutions.
"This legislation proves the stakeholder input process really does work," Director Streeter said. "The Kansas Water Office will continue to work with the Kansas Water Authority and the Ogallala Aquifer Advisory Committee to identify and evaluate further policy considerations."
MYFA application form now available for download
The Kansas Department of Agriculture Division of Water Resources is accepting applications for the revised program that allows holders of vested or certified groundwater rights to manage their water right over a 5-year period.
The 2012 Legislature made significant changes to the state’s Multi-Year Flex Account (MYFA) program as part of a series of water law changes designed to conserve the state’s water supply and extend the life of the Ogallala Aquifer. Senate Bill 272, signed by Gov. Brownback in Garden City last month, provides for this expanded flexibility in managing wateruse.
The new Multi-Year Flex Account application form is available on the Kansas Department of Agriculture Division of Water Resource’s web site, at its field offices and at the office of the state’s five Groundwater Management Districts. Assistance with completing the application will also be available at each of these locations.
“We are pleased to get started with implementation of this significantly improved program for multi-year management of water rights,” DWR Chief Engineer David Barfield said. “We believe it will be useful for many producers, allowing them to defer on less-efficient water use in some years, preserving the water for later, more beneficial use in the five-year period.”
A Multi-Year Flex Account allows water right holders to obtain a 5-year term permit that temporarily replaces their water right. This term permit allows the water right holder to exceed their annual authorized quantity in any year but restricts total pumping over the 5-year period. Pumping for the five-year period is limited to a maximum of five times the larger of the water right’s average water use or the water right’s maximum reported acres times the county’s net irrigation requirement for corn.
This program is voluntary and does not permanently change the underlying water right. At the end of the 5-year period, if not extended by filing a new Multi-Year Flex Account application, the operation of the water right returns back to the original water right conditions.
"Implementation of the Multi-Year Flex Account is an important step towards creating water policy that both benefits agriculture today and sustains the valuable water resources for future generations," Kansas Secretary of Agriculture Dale Rodman said. “It is through the engagement of our farmer and rancher stakeholders from an early stage, and the hard work of the Brownback administration and the legislators, that this change was possible.”
An application for a multi-year flex account must be filed on or before October 1 of the first year of the multi-year flex account term for which the application is being made, except in cases where a water user exceeded their authorized quantity due to the extraordinary drought of 2011.
- For those who received 2011 drought emergency term permits and enroll in a MYFA:
- The MYFA allocation will not be affected by their 2011 overuse.
- The application fee will be $200, if received by July 15, 2012.
- For those who overused in 2011 but did not receive a 2011 drought emergency term permit:
- Sanction for the overuse may be avoided by enrolling in a MYFA.
- The application must be received by July 15, 2012.
- The filing fee is $600.
- The MYFA allocation will be reduced by the amount of the 2011 overuse.
These deadlines are set in statute and cannot be waived. Additionally, separate applications must be received for each point of diversion authorized by the water right before the deadline.
Water right holders should contact their local DWR field office or Groundwater Management District for more details and to schedule an appointment for assistance in evaluating the available options or completing the application form.
Chief engineer orders yard watering restrictions in Hays
At the City of Hays' request, Chief Engineer David Barfield issued an order 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, 2012. This ban has been ordered to prevent water waste, recognizing that excessive evaporation occurs as a result of hot, windy conditions that prevail throughout most summer afternoons. Bans on outdoor watering in Hays had previously been ordered during the summer months in 1988 through 1993, 1995 through 2006, and 2008 through 2011, pursuant to the Hays Intensive Groundwater Use Control Area (IGUCA). The IGUCA was originally initiated by the chief engineer on February 26, 1985, also at request of the City of Hays in order to help implement water conservation measures by providing a mechanism to address preventable waste of water by privately owned wells.
Wise use of water for garden and lawn watering not only helps protect the resource, but saves money and provides for optimum growing conditions. Watering in the early morning before the sun is intense helps reduce the water lost from evaporation. Installing rain gutters and collecting water from downspouts also helps reduce water use. The Natural Resources Conservation Service’s Backyard Conservation website provides several tip sheets covering methods for reducing the amount of water used for lawn irrigation including growing xeriphytic species (plants that are adapted to dry conditions), mulching, adding water retaining organic matter to the soil, and installing windbreaks and fences to slow winds and reduce evapotranspiration. KSU Research and Extension’s turfgrass irrigation guide
also offers many ideas for efficient lawn watering.
Other water conservation efforts implemented by the City of Hays, including incentives for xeriscaping, low flow shower heads, low flow toilets and a High Efficiency Clothes Washer Rebate Program, continue to prove successful. According to the Kansas Municipal Water Use Publication, Hays’ water use averages approximately 92 gallons of water per capita per day (GPCD), whereas the regional average is 145 GPCD.
Staff News: Tami Andrews departs
Tami Andrews hired as an administrative assistant to help with clerical tasks related to last summer’s influx of Drought Emergency Term Permits in the Water Appropriation Program has completed her allotted 999-hours of temporary state employment. Her last day at DWR was Apr. 19. Andrews said she feels “energized and optimistic” about her experience here and grateful for the opportunity to learn. “I knew nothing about water rights when I started and now I understand their importance,” Andrews said.
Upcoming events
May 1: Elevation Certificates and Letters of Map Amendment (Dodge City)
May 8: Equus Beds GMD No. 2 Board Meeting (Halstead)
May 9: Southwest Kansas GMD No. 3 Board Meeting (Garden City)
May 10: Northwest Kansas GMD No. 4 Board Meeting (Colby)
May 10: Big Bend GMD No. 5 Board Meeting (Stafford)
May 17: Kansas Water Authority Meeting (Hillsboro)
