Phone: (785)-296-3185 900 SW Jackson Street, Suite 404 Fax: (785)-296-0878 Topeka, KS 66612 Water Authority www.kwo.org

Gary Harshberger, Chair , Governor

February 17, 2016

Senator Susan Wagle, President of the Senator Terry Bruce, Senate Majority Leader Senator Larry Powell, Chair, Senate Committee on Natural Resources Representative Ray Merrick, Speaker of the Kansas House of Representatives Representative Jene Vickrey, House Majority Leader Representative Sharon Schwartz, Chair, House Committee on Agriculture & Natural Resources

Senator , Senate Minority Leader Senator Marci Francisco, Ranking Minority Member, Senate Committee on Natural Resources Representative Tom Burroughs, House Minority Leader Representative Ponka-We Victors, Ranking Minority Member, House Committee on Agriculture & Natural Resources

Senate Substitute for HB 2059 was favorably passed out of the Senate Committee on Natural Resources on February 4, 2016. This bill in its current state addresses two water related issues; addition of fertilizer to irrigation systems which are sourced with surface water and changes fee structures and review timeframes for applications which would divert surface water to be used in a water transfer.

The Kansas Water Authority (KWA) held conference calls on February 10, and February 16, 2016, to discuss the contents of the bill. In particular, the KWA focused on the portion of the bill which lowers fees and removes review timeframes for surface water transfer water right applications. The need to secure Kansas’ stake in waters that flow out of or bypass the state has been recognized as a need within the Long-Term Vision for the Future of Water Supply in Kansas. Last year at this time, the KWA received and accepted an updated report relative to the transfer of water from the Missouri River through an aqueduct to southwest Kansas. That study identified three possible legal mechanisms to appropriate the water supply, with application under the existing Kansas Water Appropriation Act being one of the three options. We believe this priority should be evaluated further before legislative action. The KWA commits to evaluating the issue further and reporting recommendations to the 2017 Legislature.

While the language in the bill attempts to address a legitimate long-term water need, we believe the issues it may create are more substantive and complex. Any significant water transfer plan and project will take many years to develop, permit, and complete. The lack of a timeframe to make a decision on a permit application means that other potential water users seeking to use the same source of water will have projects held up until final decisions on the transfer can be made. This may in fact limit some areas of our state from securing and accessing water that is in their region as well as any associated economic development.

The KWA appreciates the proponent’s dedication in continuing to move the discussion on securing Kansas’ water supply forward. However, the method provided in Senate Substitute for HB 2059 contains a significant water policy change and could create opportunity for possible unintended consequences such as: hoarding through the application for an entire surface water supply with no reasonable expected use; speculation by those seeking to profit by being the first applicant; interstate applicants with no guarantee of use in Kansas; premature applications from current surface water users for future, long-term water needs; challenges from other states and tribes who may be concerned about the impacts of such a transfer on their interstate water rights; prohibiting new economic development from surface water sources, and; intrastate disputes between geographically diverse regions in the state.

We urge you to provide more time to evaluate the best way to accomplish this priority. The KWA stands ready, as the state’s water policy and planning body, to complete an open and transparent review of methods to secure surface waters that are leaving our state. We can complete this process and report back to the 2017 Legislature with a recommendation that considers all sides, secures our water supply, and limits undue changes to a well-established system of water management.

I would be pleased to answer questions or provide additional information.

Sincerely,

Gary Harshberger Chair, Kansas Water Authority