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Special Committee on Ag and Natural Resources

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Special Committee on Ag and Natural Resources Kansas Legislative Research Department December 13, 2013 MINUTES SPECIAL COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES November 19, 2013 Room 582-N — Statehouse Members Present Senator Garrett Love, Chairperson Representative Sharon Schwartz, Vice-chairperson Senator Marci Francisco Senator Mitch Holmes Senator Dan Kerschen Senator Larry Powell Senator Caryn Tyson Representative Sydney Carlin Representative Marty Read Representative Don Schroeder Representative Joe Seiwert Representative Ponka-We Victors Representative Troy Waymaster Member Absent Representative Kyle Hoffman Staff Present Heather O’Hara, Kansas Legislative Research Department Rebecca Manes, Kansas Legislative Research Department Michael Wales, Kansas Legislative Research Department Joanna Wochner, Kansas Legislative Research Department Tamera Lawrence, Office of the Revisor of Statutes David Wiese, Office of the Revisor of Statutes Gary Deeter, Committee Secretary Conferees Dr. Michael Faurot, Director, Animal Facilities Inspection Program, Kansas Department of Agriculture Terry Humphrey, representing the American Society for Prevention of Cruelty to Animals and the Humane Society of the United States Midge Grinstead, State Director, Humane Society of the United States Dr. Jennifer Stone, DVM, Staff Veterinarian, Lawrence Humane Society Dave Brenn, Board President, Kansas Water Congress Tracy Streeter, Director, Kansas Water Office Mark Rude, Executive Director, Southwest Kansas Groundwater Management District #3 Others Attending See attached sheet. Morning Session The Chairperson called the meeting to order at 10:03 a.m. and welcomed Dr. Michael Faurot, Director, Animal Facilities Inspection Program, Kansas Department of Agriculture (KDA). Dr. Faurot responded to 14 questions posed by members at a previous meeting (Attachment 1). He provided details on fees charged to foster homes (remaining at $10), complaints received and violations identified, costs associated with inspections, differences between a U.S. Department of Agriculture (USDA) inspection and a KDA inspection, and the agency’s processes related to enforcement of the Kansas Pet Animal Act (KPAA). Dr. Faurot supplied density maps to illustrate specific inspection findings. Dr. Faurot answered questions from Committee members: ● USDA inspections have a narrower focus but are accepted by KDA if the facility is only licensed by USDA. ● When a facility is initially inspected, the inspector reviews the requirements of the KPAA with the owner of the facility. ● KDA accepts anonymous complaints; consent agreements have always been a cooperative process. ● Animal shelters require a buyer to have the pet spayed or neutered; retail pet stores do not. ● Fifty percent of complaints are unfounded; nevertheless, files are kept on all complaints at least three years. Terry Humphrey, representing the American Society for Prevention of Cruelty to Animals and the Humane Society of the United States, reiterated proposed updates to the KPAA (Attachment 2). She recommended the KDA enforcement rules become mandatory rather than permissive. Midge Grinstead, State Director, Humane Society of the United States, likewise offered recommendations for updating the KPAA (Attachment 3). She presented responses to questions raised at the October 11 meeting. She recommended the Animal Facilities Inspection Program provide stricter enforcement for unlicensed and non-compliant facilities. She also expressed concern that animal shelters have a limited voice on the Kansas Pet Animal Advisory Board. Dr. Jennifer Stone, DVM, Staff Veterinarian for the Lawrence Humane Society, outlined key standards of care to be considered in updating the KPAA, including hydration, temperature, stacked cages, and examinations (Attachment 4). Kansas Legislative Research Department 2 Special Committee on Agriculture and Natural Resources Minutes for November 19, 2013 Tracy Streeter, Director, Kansas Water Office (KWO), outlined issues related to the Milford, Tuttle Creek, and Perry reservoirs (Attachment 5). Mr. Streeter gave a brief history and stated each of these federal reservoirs were authorized by Congress to address several concerns, including flood control and navigation on the Missouri River. Management of these two items are the sole responsibility of the U.S. Army Corps of Engineers (Corps). Even though the Corps has other options, it has authorized release of water from these three reservoirs to support navigation on the Missouri River. He presented two options to retain water in the reservoirs: ● Purchase future use storage at Perry and Milford (costing $57 million through 2040); or ● Challenge the Corps’ right to release water from these reservoirs, based on the interstate water compacts on the Republican and Blue rivers. Mr. Streeter referenced a letter from the Corps denying the claim that compacts supersede the Corps’ authority, as well as other letters expressing concern over the Corps’ water release from the reservoirs (Attachment 6). Mr. Streeter stated Missouri is not amenable to any changes in the Corps’ water-release program. He replied, because the Corps has other options to support navigation on the Missouri River and because of the negative impact on the reservoirs, the KWO has continued to oppose the Corps’ release program. Mark Rude, Executive Director, Southwest Kansas Groundwater Management District #3, commented on the issues raised by Mr. Streeter. He noted the two reservoirs are unique in that they are bound by Congressional compact law, and the water should be reserved exclusively for Kansas’ use. Further, the Corps has other navigation-purposed water available at its discretion. Afternoon Session David Brenn, Executive Director and Board President, Kansas Water Congress (KWC), explained that the KWC is an independent, not-for-profit, fee-funded agency with representation from every type of water use in the state (Attachments 7 and 8). He stated the organization seeks to advance conservation, development, and protection of water resources in the state. KWC supports and cooperates with all other agencies and associations that have the same objectives. Regarding the proposed aqueduct, he said KWC supports the concept, and he noted the aqueduct’s advantages for Kansas (Attachment 9). Mr. Rude testified about the crucial importance of the aqueduct as a water resource (Attachment 10). He stated the current water use from the Ogallala Aquifer is unsustainable. He further noted abandoning irrigation in Western Kansas has a significant negative impact on the Kansas economy. He then outlined the benefits of developing the 1982 Corps’ proposal to build an aqueduct from White Cloud to Utica, which will utilize an additional 29.5 million acre-feet from the Missouri River. He urged the Committee to support the first step, which would be to make an initial Kansas water appropriation filing, and he suggested the creation of a Kansas Aqueduct Authority similar to the Kansas Turnpike Authority. Mr. Rude referenced several letters from various water principals regarding the proposed aqueduct (Attachment 11). Kansas Legislative Research Department 3 Special Committee on Agriculture and Natural Resources Minutes for November 19, 2013 Mr. Streeter offered further comments concerning the aqueduct (Attachment 12). He stated the KWO and the Kansas Water Authority (KWA) have developed a plan to evaluate the feasibility of the aqueduct, using the Corps’ Planning Assistance to States’ cost-sharing program. Using a Corps-recommended contractor and a budget of $300,000, the study will update the 1982 Corps’ study and offer recommendations. The KWA has formed a Kansas Aqueduct Advisory Committee to oversee the initial steps in the project. Answering a question, Mr. Streeter stated that Steve Cadue, Chairman of the Kickapoo Tribe, was the only Native American representative on the Committee. To another question, he replied that currently 25 percent of the irrigation wells in Kansas have become inactive. Representative Carlin made a motion to approve the October 11, 2013, minutes, seconded by Representative Schwartz. The motion carried. The meeting was adjourned at 3:05 p.m. The next meeting is scheduled for Friday, December 13, 2013. Prepared by Gary Deeter Edited by Heather O’Hara Approved by the Committee on: December 13, 2013 (Date) Kansas Legislative Research Department 4 Special Committee on Agriculture and Natural Resources Minutes for November 19, 2013.
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