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!!