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of Water Resources HISTORY OF WATER RIGHTS IN Ty L. Vaughn Certificate Unit Supervisor KDHE Geology & Well Technology Seminar - October 2020 2009 data from the publication: Identifying historical and recent land-cover changes in Kansas using post-classification change detection techniques

Küchler’s (1974) Potential Natural Vegetation (KPNV) map of Kansas. Classes are coded to dominant and forest types.

Limited Water Central Eastern in Kansas Kansas Kansas Kansas • Primarily • Relies on a • Primarily relies on the mixture of relies on Ogallala- surface and surface High Plains water aquifer for supplies its water supply

Images from kansastrailguide.com Ogallala / High Plains Aquifer Let’s start at the very beginning…

Kansas became a state in 1861. Post Civil War, The Homestead Act passed in 1862, which gave 160 acres of free land to some 1 million new settlers in Kansas. Western Kansas was arid and made up mostly of flat prairie. At first, settlers were unsure this part of Kansas would be worthwhile to settle on… that is until they discovered healthy soils and seemingly abundant water sources.

Kansas Settlers – All photos from Kansas Historical Society PRE-1945 WATER “LAWS”

Riparianism, according to the English and American Common Law, starting in 1861, which meant the landowner owned the surface water on their land and/or had a right to use water adjacent to their land. After the discovery of groundwater, a policy called the doctrine of absolute ownership was implemented, which means the groundwater under the land belonged to the landowner.

Manhattan, Kansas. New People = New Crops & New Tech

A variety of crops were planted by these new settlers. Some – like oats, , tobacco, and grapes– didn’t fare well in Kansas’s climate. Corn and became staple crops. With technological advancements from 1850 to 1930, farming began to be big business in Kansas. Irrigation technology truly started in the 1880’s, where irrigation canals were built to divert surface water from rivers. From there, windmills were used to tap into groundwater sources. Steam powered engines were created in the 1870’s and the early 20th century brought in the internal combustion engine and helped farmers access water that was deeper in the ground.

Richfield, Morton County  Lawmakers Get Involved Kansas Society was formed in 1857, although it was less of a management entity and more of a recordkeeping group. Kansas counties started to have County Fairs, whose purpose was to allow farmers to share ideas with each other. However, these ideas rarely crossed county lines and it was decided a state organization should be created. The Kansas State Agricultural Society was formed by the on March 5, 1862. They collected and shared ideas amongst all counties. They also provided funding for farming research. Still, this Society wasn’t a state agency and lacked funding. In 1872, it was renamed the State Board of Agriculture and was now connected to a larger federal system. It was renamed the Kansas Department of Agriculture in 1995. David Barfield •Involved in the litigation of the Republican Guy Gibson George Knapp River Compact with •Groundwater Management Districts •Involved in the implementation of the • Compact (1943) (GMDs) were formed Kansas- River Compact Earl Lewis •Kansas Water Appropriations Act (1945) •Implemented the first Intensive •Signed the first Tribal water right The current Kansas Water Office Director, • Compact (1949) Groundwater Use Control Area (IGUCA) settlement in KS will begin his role as the 6th Chief Engineer.

1951–1972 1983–2007 February 2020 – Present

1927–1951 1972–1983 2007–2020 November 2020

David Pope •Implemented mandatory water use Robert Smrha reporting Christopher Beightel (Acting) •Enacted water permit filling requirements •Implemented mandatory water flow meters Program Manager for Water Management •Signed the Kansas- Arkansas •Administration of minimum desirable Program River Compact (1966) streamflows •Signed the Compact (1971) •Transition to safe yield policies for water allocation

Chief Engineers GROUNDWATER MANAGEMENT DISTRICTS (GMDS) 1942 - Republican River Interstate Compacts Compact • Litigation in 1998 and 2010 against Nebraska

1948 - Kansas-Colorado Arkansas River Compact • Litigation in 1985 against Colorado

1965 - Kansas-Oklahoma Arkansas River Compact

1971 - Kansas-Nebraska Big Blue River Compact Kansas Water Appropriation Act (KWAA)

• Since 1945 – Right to use water based on prior appropriation or "First in time – First in right"

• Expressly states that a water right is “a real property right appurtenant to… the land… in connection with which the water is used…”; and that “all water within the state… is hereby dedicated to the use of the people of the state, subject to the control and regulation of the state…” and that a water appropriation “shall not constitute ownership of such water.”

• Allows a limited resource to be allocated for beneficial use and to protect minimum desirable streamflows.

• Protects investments, property rights and the resource Water Regulator’s Primary Roots

1861 1919 1945 1973

Riparianism was the The Division of Irrigation was Kansas Water Appropriation The first Groundwater common law. created within the State Act was signed. Management Districts were Board of Agriculture. formed.

The Kansas Water The two entities were Commission was created and combined to form the Division Law allowed DWR to establish made up of the and of Water Resources. George Field Offices. They were two civil engineers. They had Knapp became the first Chief developed in Topeka, Stafford, no planning funds. Engineer. Stockton, & Garden City. 1917 1927 1957 Why do I need a Water Right? Water is protected for the use and benefit of the citizens of the state in order of priority. DWR issues permits to appropriate water, regulates usage & keeps records of all water rights. As of 1978, all non-domestic uses of water are required to have a permit from DWR. It is illegal to use water without holding a vested right, or applying for & receiving a permit to appropriate water from DWR. Exception is domestic use – household, 2 acres of lawn & garden use, livestock on pasture & secondary uses. Beneficial Uses of Water

Others: • Municipal A Beneficial Use of Water is described as water that is used • Domestic for financial purposes or aesthetic value and classified under • Dewatering one of the fourteen uses listed in KAR 5-1-1. • Hydraulic Dredging • Thermal Exchange Vested Rights A vested right is the right to continue the beneficial use of water begun prior to June 28, 1945. To attain a vested right, the water user would have to prove the historical use of beneficial water prior to 1945 via a Verified Claim form. The deadline to attain one was July 1, 1980. Required the following information:

1. The name and post-office address of the claimant;

2. the source to which the claim relates;

3. the amount of water claimed;

4. the location of the works for the diversion and use of the claimed water;

5. the dates of the beneficial use made; and

6. Image from KSHS: A sand dredge being operated sometime around any additional information the chief engineer may 1908 in an attempt to make the Eureka Irrigation Canal in Ford County a require. success. It is located in the Arkansas River. Intensive Groundwater Use Control Area (IGUCA) Regulating Evaporation

Above: Photo from Ducks Unlimited Right: Photo from Republic County

Annual Water Use Reporting

Meters 2000 – K.A.R. 5-7-1, which requires all nondomestic, non-temporary wells and pumpsites have a meter.

• Meters must have sufficient register capacity to not roll over more than once per year

• They must be maintained in satisfactory operating condition

• Must have appropriate seals and labels. Seals can only be broken by an authorized representative of the manufacturer Violations & Penalties

Overpumping Penalties Other Violations Penalty Severity Level A Severity Level B Severity Level C Category < 24 hours 24≤ x <72 hours ≥ 72 hours Fine: $1,000 per day Fine: $1,000 per day 1 Written notice Reduction: quantity equal to twice the Reduction: quantity equal to three (no prior Meter Tampering of non-compliance quantity overpumped, not to exceed times the quantity overpumped, not to offense) the annual authorized quantity exceed the annual authorized quantity Fine: $1,000 per day 2 Reduction: quantity equal to Fine: $1,000 per day Fine: $1,000 per day (1 prior twice the quantity overpumped, Falsified Water Use Suspension Length: one year Suspension Length: three years offense) not to exceed the annual Report authorized quantity 3 Fine: $1,000 per day Fine: $1,000 per day Fine: $1,000 per day (2 prior Suspension Length: one year Suspension Length: three years Suspension Length: four years offenses) 4 Waste of Water Fine: $1,000 per day Fine: $1,000 per day Fine: $1,000 per day (≥3 prior Suspension Length: three years Suspension Length: four years Suspension Length: five years offenses) Violation of an CE Late Water Use Penalties Order 2018 update to K.S.A 82a-732 – Civil and other penalties for failure to submit a water use report were increased: • If report is not received by March 1, owner is subject to $250 penalty per file number Threatening to • Used to be $50 per file number Divert Without • If report is not received by June 1, owner is subject to $1000 penalty per file number Authorization • Used to be $250 per file number DROUGHT TERM PERMITS Other Tools by DWR • 1992 – Water Right Conservation Program (WRCP) • Enrollment in this program protects water rights from being abandoned due to non-use, subject to various enrollment requirements as listed in K.A.R. 5-7-4(b).

• 2001 - Multi-Year Flex Accounts (MYFAs) • a 5-year term permit that temporarily replaces an existing (or base) water right. • allows the water right holder to exceed their annual authorized quantity in any year but restricts the total quantity pumped over the 5-year period.

• 2012- Local Enhanced Management Areas (LEMAs) • allows GMDs to set goals and control measures to aid in water conservation, at the approval of the chief engineer.

• 2015 - Water Conservation Areas (WCAs) • a simple, streamlined and flexible tool that allows any water right owner or group of owners the opportunity to develop a management plan to reduce withdrawals • Greater flexibility, less red tape QUESTIONS Email me at [email protected] Visit our website: http://Agriculture.KS.gov/Divisions-Programs/DWR