Richard J. Wenstrom, P.E. Edwards County Director Water PACK Public Meeting – Feb 6, 2016 Kinsley – Edwards County Hays Water Transfer Discussion Issue Overview Kinsley, Kansas Richard J. Wenstrom, P.E. Edwards County Director Water PACK

The Circle K Ranch (or R-9 Ranch to Hays) Purchased by Hays in 1995 6,784 acres in total; 5,366 acres irrigated 30 active water rights Located along the Arkansas River SW of Kinsley A total of 55 irrigation wells, with an authorized quantity of 7,554 Acre-feet Hays claims 57 wells & 8,039 Acre-feet

R-9 Ranch SW of Kinsley

Aerial View of R-9 Ranch

Hydrology of GMD # 5 Area

Water Rights 101 All water in Kansas is dedicated to the use of the people….1945 Water Appropriation Act Therefore, a water rights owner does not “own” the water, only has a right to use water for some beneficial purpose. A Water Right consists of a priority date, a rate of diversion (gal/min), and a total quantity of water allowed per year (Acre-ft/Year)

Continued As such, water rights can be acquired along with an irrigated land purchase. Water Rights can be sold from the land. Many kinds of water rights: agricultural, industrial, municipal, etc. Water rights can be changed from one type of use to another Irrigators in Edwards County are very familiar with water rights

Hays desire to transfer water out of Edwards County is NOT a water rights issue! Why??? When any water right owner desires to move over 2,000 Acre-feet of water over 35 miles from the point of diversion of that water, the WATER TRANSFER ACT is triggered. Hays desires to do just that; therefore, the Water Transfer Act (K.S.A. 82a-1501) will have to be followed, according to the law.

The Water Transfer Act Google DWR.ks.gov/laws and responsibilities/Water Transfer Act While there, search out the Regulations developed along with this Act; Regulations have the force of law and would have to be followed.

Hays’ Plan Convert their agricultural water rights to municipal rights (DWR must do this according to statute). Application started June 2015. Apply through the Water Transfer Act to gain authorization to transfer 7,625.5 Acre-feet of water out of Edwards County each year. This amounts to 6.8 million gallons of water each day of the year out of Edwards County!!

Hays’ Municipal Well Plan

Continued They are applying to convert 57 irrigation wells to 14 municipal wells spaced throughout the existing ranch. There is a formal application process to do this with the Division of Water Resources…..first draft has been submitted to the Chief Engineer After this application has been approved by the DWR, there will be a HEARING in Kinsley!

The Water Transfer Hearing A forum where various parties can testify for or against this proposed water transfer out of Edwards County, as prescribed in Statute. The Hearing Panel: David Barfield, Chief Engineer, DWR Tracy Streeter, KS Water Office Head Susan Mosier, MD, KS Secretary of Health & Environment

Continued After testimony, the Hearing Panel will decide: Allow the transfer as prescribed in their approved application, or Allow only a portion of the water to be transferred, or Disallow the transfer completely.

Hays/David Traster will testify for the Transfer…….. Who will testify in opposition to the Transfer?? The people of Edwards County and the surrounding area need to be heard! What are YOUR THOUGHTS??