Approved: March 19, 2018 MINUTES of the HOUSE WATER AND

Approved: March 19, 2018

MINUTES OF THE HOUSE WATER AND ENVIRONMENT COMMITTEE

The meeting was called to order by Chairperson Tom Sloan at 9:00 am on Tuesday, March 13, 2018, in room 582-N of the Capitol.

All members were present except: Representative Doug Blex – Excused Representative Cindy Holscher – Excused Representative Annie Kuether – Excused Representative Joe Seiwert – Excused Representative Steven Crum – Absent Representative Les Mason – Absent

Committee staff present: Gary Deeter, Kansas Legislative Committee Assistant Heather O'Hara, Legislative Research Department Nick Myers, Office of Revisor of Statutes

Conferees appearing before the Committee: Tom Stiles, Assistant Director, Bureau of Water, Kansas Department of Health and Environment

Others in attendance: See Attached List

Presentation on Water Quality The Chair called the meeting to order and welcomed Tom Stiles, Assistant Director, Bureau of Water, Kansas Department of Health and Environment (KDHE). Mr. Stiles reviewed various factors in maintaining water quality throughout the state (Attachment 1). He stated that KDHE began monitoring major water bodies (rivers, streams and reservoirs) across the state in 1990 in order to better protect surface and groundwater quality and provide safe drinking water for Kansas citizens.

Mr. Stiles identified three components that form the basis for water-quality standards:

• Designated uses--fishable, swimmable, and drinkable;

• Criteria--the measure of physical, chemical, and biological conditions that support a designated use;

• Antidegradation--maintaining the existing chemical condition.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 1 CONTINUATION SHEET MINUTES of the Committee on Water and Environment at 9:00 am on Tuesday, March 13, 2018, in room 582-N of the Capitol.

Mr. Stiles commented that these components are the basis for each biennial assessment, which is conducted to determine not only the condition of Kansas' water, but to identify impaired water conditions and develop measures to address causes. Using a TMDL (Total Maximum Daily Load) measurement, the assessment isolates basic sources that diminish water quality: sedimentation (Total Suspended Solids), nitrates (a groundwater issue), and phosphorus (a nutrient issue). He also noted Eutrophication in reservoirs (harmful algal blooms, which are fueled by phosphorus and sunlight), and he commented on the chemical byproducts associated with disinfecting water which themselves can impair water quality.

Mr. Stiles answered members' questions:

• Chicken-processing plants do not pose a water-quality problem, since meeting the standards of a Kansas/EPA permit obviate any water-release contamination. Further, when chicken growers, whose by-product is dry litter, meet Kansas' animal agricultural rules, those regulations protect water quality.

• William Carr, SRF Program Administrator, Bureau of Water, KDHE, responding to a question, explained that secondary public-water supplies drop below compliance levels because the longer disinfectants interact with organic carbon and remain in water, the more it creates water- quality problems.

• Land use is a major determinant for nutrient levels.

• Water flowing into Kansas from Colorado is slowly improving; Colorado is beginning to address water-quality issues.

• If a city like Topeka is making a good-faith effort to address wastewater issues, KDHE will work with them. The agency will issue a fine to be used to address noncompliance, especially if a municipality is resistant or defiant.

• For secondary public-water issues, KDHE will work with the parent water source; a further option may also require installing a treatment system at the connection point.

The meeting was adjourned at 10:13 a.m. The next meeting is scheduled for Thursday, March 15, 2018.