News Release

February 1, 2006

Contact:
Chelsea Good
Communications Director
Kansas Department of Agriculture
(785) 296-2653 phone
(913) 735-9065 cell
Chelsea.Good@kda.ks.gov

Agreements allow for more flexible water use

TOPEKA – Water users in the Republican River basin who are subject to minimum desirable streamflow administration are reminded that they may benefit from regulations adopted in 2002 that allow more flexible water use.

Under the regulations, water users may enter into an agreement with the Kansas Department of Agriculture’s division of water resources to use at least some groundwater or surface water even while minimum desirable streamflow administration is under way.

The regulations are based in part on an analysis of historical flow data from the Republican River basin and how often minimum desirable streamflow would have been administered had the law been in effect for the time period for which flow data is available. Based on those flow trends, as well as existing hydrological conditions, MDS consent agreements can be developed to allow for some water use.

Water commissioners in Stockton and Topeka are working with water right holders to help them understand the terms of MDS consent agreements, which are good from the date they are approved until the end of the calendar year. Since minimum desirable streamflow consent agreements are good only for the calendar year in which they are approved, a new agreement must be established each year.

Water users who enter an MDS agreement will be expected to abide by its terms, including how much water is used. If a water user enters an agreement and then uses more water than allowed under the agreement, he or she will face penalties that range from a fine to suspension of the water right.

Administration for minimum desirable streamflow has been in effect in the Republican River basin since May 9, 2002, and continues because streamflow has not sufficiently recovered. If water shortages persist, it is possible water administration may occur between water rights not subject to minimum desirable streamflow administration.

Water right holders who want to know more about MDS consent agreements, or other options that may be available, should contact the division of water resources field office in Topeka at (785) 368-8251 or Stockton at (785) 425-6787.