Additional information on the Hays / R9 Ranch water transfer application

News

On October 26, 2022, the Water Protection Association of Central Kansas (WaterPACK) was granted an extension of time, until November 14, 2022, to file its opening brief to the Kansas Supreme Court.

On August 23, 2022, WaterPACK filed a notice of its intent to appeal the Edwards County District Court order that had modified in some respects but largely upheld the Chief Engineer’s contingent approval of the change applications previously filed by the Cities of Hays and Russell (Cities) to the Kansas Court of Appeals. The Cities subsequently filed a motion requesting transfer of the case to the Kansas Supreme Court, and the Supreme Court granted that motion on September 26, 2022. The initial deadline for WaterPACK to file its opening brief in the Kansas Supreme Court was October 24, 2022.

On June 29, 2022, Chief District Judge Bruce Gatterman issued his Memorandum of Decision and Order in the case. In the Order, Judge Gatterman provided discussion and decisions on the five issues that were in question. Judge Gatterman found that DWR failed "...to consider the rights of area water users and/or water right holders to receive notice and opportunity to be heard at any public hearing concerning a proposed modification of the [ten-year rolling average] limitation..." and ordered that DWR's Master Order be modified to give those water right holders such consideration. On all other issues, Judge Gatterman found that "WaterPACK has failed to meet its burden of proof under K.S.A. 77-621(c) to establish the invalidity of agency action in all other respects, and its Petition for Judicial Review on those issues is denied." Read the Order.

On May 29, 2019, WaterPACK filed a petition for judicial review in Edwards County District Court. See the WaterPACK Judicial Review table below for related documents.

On March 27, 2019, the Chief Engineer contingently approved the change applications submitted by the Cities to convert the irrigation rights of R9 Ranch in Edwards County to municipal use. Documents related to this action can be accessed in the Change Application Processing table below.

Background

The City of Hays purchased the approximately 7,000-acre R9 Ranch and its 30 water rights in southwestern Edwards County in 1995, with the intention of someday using the water as part of the Cities of Hays and Russell's public water supply.

In June 2015, the Cities submitted applications to DWR to change the use made of water of the R9 Ranch water rights from irrigation to municipal use. As these proposed changes envision the transfer of more than 2,000 acre-feet of water more than 35 miles, the Cities also submitted an application to transfer water from Edwards County to the Cities in January 2016, pursuant to the Water Transfer Act (K.S.A. 82a-1501, et seq.).

The water right change applications and other information related to their consideration are available in the tables below.

In May 2018, a draft proposed Master Order and exhibits were transmitted to Big Bend Groundwater Management District No. 5 (GMD5) for its review and posted on this website, along with the change applications and amendments. A public informational meeting was held on June 21, 2018 to discuss the applications. GMD5 provided a recommendation on August 28, which was supplemented on September 14; WaterPACK provided additional responses on August 21 and 13; and the Cities provided responses on September 14 and 18.