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Water Bank Workshop PresentationLas Cruces, New Mexico
November 12, 2015
Central Kansas has an Operating, Functional Water Bank
• How did that happen?
• What situations led to this concept?
• Why was the Central Kansas Water Bank started?
• Who were the players in the bank’s establishment?
• How did the bank function?
• What were some of the problems?
It all started on Walnut Creek in the late 80’s
• Surface water user Cheyenne Bottoms Refuge has conflict with groundwater irrigators along Walnut Creek – C B R has priority water right
• After hearings, Kansas Chief Engineer initiates an “IGUCA”, or Intensive Groundwater Use Control Area; Irrigators’ water reduced in 1992
• Drought hits the whole area in 1991 and 1992
• Water Protection Assn. of Central Kansas (Water PACK) is formed (1990)
Water PACK reads the tea leaves….
Quivira National Wildlife Refuge
• High Priority Surface Right to obtain water from the Rattlesnake Creek, # 7571, 14K Ac-ft
• Rattlesnake Creek Sub-Basin has nearly 2,000 groundwater rights, most of whom are junior
• Quivira notes lack of water in early 90’s drought……starts dialogue with users
• Water PACK wishes to avoid another IGUCA
Rattlesnake Creek Sub-Basin Partnership Agreement Initiated
• Partners are Water PACK, GMD # 5, KS Division of Water Resources, and US Fish & Wildlife Service
• Formal Partnership Agreement signed in June of 1994
• Purpose is to ensure “adequate water for all users, profitable agriculture, abundant wildlife & habitat, and an acceptable standard of living for all sub-basin residents”
• DWR initiates the Sub-Basin Water Resources Management Program to assist the process
Water Rights Junior to Quivira NWR
Meanwhile……………
• 1995 – Water Banking appears in the State Water Plan
• Water Banking Task Force is set up to do the exploring….members from central & western KS
• 1999 – Task Force reports to KS Water Office, recommends one groundwater water bank
• 2000 – Rattlesnake Creek Sub-Basin Management Plan is presented; has Water Bank as one of seven necessary water conservation components
Water Banking goes to the LegislatureYear 2000
• Water PACK presents concept of water bank to KS Livestock Assn, Kansas Farm Bureau
• DWR and GMD # 5 testify before committee to clarify water bank
• Water PACK, KLA, KFB testify in favor of Water Bank; one or two opponents appear
• Water PACK recommends one Water Bank within GMD # 5 in testimony; ties to RS Creek Sub-Basin Management Plan
• Legislature fails to pass Water Banking Bill
Back to the Legislature – Year 2001
• Players back to testify in Committee• Legislature passes the Water Banking Act,
specifies 1 groundwater bank, gives procedure to obtain 7-year water bank charter.
• Act provides for Deposits & Leases; Safe Deposit Accounts
• Division of Water Resources is given responsibility for Water Banking in Kansas
• Bank is to be evaluated at end of 7 years to see if charter should be renewed
Central KS Water Bank conceived
• Water Banking Committee within GMD 5 is formed to draft charter for the Central KS Water Bank - 2002
• Draft charter goes to the GMD 5 Board for approval
• Water Banking Committee meets with GMD # 5 Board for discussion
• Charter sent in to Chief Engineer’s office as specified in statute
Hurry Up & Wait…….
• June 30, 2005 Chief Engineer approves the Central KS Water Bank Charter for 2004-2011, bills CKWB $ 12,094 for services.
• Rules and Regulations for Water Banks completed by DWR in 2004; Fees developed for bank users & reimbursement back to DWR for services.
• Water PACK and GMD 5 begin meetings to promote & explain the Central KS Water Bank.
• Brochure & forms developed
• GMD 5 agrees to loan money to new water bank, and provide office space, share manager person
Mixed Results
• After the initial promotion, participation is limited
• Irrigators don’t understand the water bank
• User Fees set by Chief Engineer are exorbitant
• Conservation components approved in statute and charter are additive & large
• 10 % water savings is prescribed; up to 26 % conservation components are in force
First Evaluation of the Bank
• Committee prescribed by statute (K.S.A. 82a-767) is chosen under direction of Kansas Water Office.
• Evaluation process begins in August 2010
• I was one of two bank users who were chosen to be on this Committee
• My feelings were that Central Kansas Water Bank probably would not survive after evaluation results were in
News Flash: Central Kansas Water Bank Lives On!!
• Final Report to Chief Engineer & Legislature in January 2011.
• Committee recommends:– Allow bank to become permanent after it has gone
through the initial 7 year period successfully
– Renew the CKWB charter & make it permanent
– Provide for periodic evaluation after permanency
– Conservation component only on “lease side” of equation & provide map to show comparative lease locations
Continued…….
– Conservation components set at 10 % to a maximum of 16 % on lease side only
– Remove the 15 % consumptive use factor on water bank deposits; too excessive
– Remove the consumptive use factor reductions on partial water right deposits that are to be leased for irrigation
– Continue to offer Safe Deposit Accounts
The Good News
• In 2012, the Kansas Legislature approved all of the Evaluation Committee recommendations!
• The Central KS Water Bank Association Charter was revised to reflect these changes.
• Water Bank is now actively used; Water PACK is helping promote the CKWBA.
• The water bank has “money in the bank” from fees, and is able to stand on its own.
• Exciting opportunities lie ahead!!