Local Enhanced Management Areas (LEMAs)

Per K.S.A. 82a-1041 (2012)

Through K.S.A. 82a-1041, groundwater management districts (GMDs) are granted the authority to initiate a public hearing process to consider a specific conservation plan to meet local goals.

GMD4 District-Wide LEMA

News:  
The deadline for submitting written comments has been extended to December 22, 2017.
   
A pre-hearing conference was held on October 31, 2017. A second public hearing was held on November 14, 2017 to determine if the area should be designated and if GMD No. 4's proposed LEMA plan for the area should be adopted. A transcript of the hearing can be found in the LEMA documents table below.                    

At their September 2017 board meeting, after discussion of concerns provided by the Kansas Livestock Association, the GMD No. 4 Board voted to provide testimony at the second hearing to support the following changes to the proposed LEMA plan:

Under section 2). Allocations - Non-irrigation in the proposed District Wide LEMA, paragraphs a) and d) would be updated as follows:

a) Livestock and poultry use will be encouraged to maintain their use at 90% of the said amount provided by K.A.R. 5-3-22 based on the maximum amount supportable by the number of animals authorized by a current facility permit. At no time will a stockwater right be authorized to pump more than its authorized quantity. 

d) When converting from irrigation to non-irrigation use, the base water right will be converted under procedures in K.A.R. 5-5-9, 5-5-10, or Groundwater Management District #4 regulations, and the appropriate non-irrigation Local Enhanced Management Area allocation will apply as found in Section 2 for the remainder of the Local Enhanced Management Area period.

Parts b), c), and e) of Section 2 will remain as proposed. 

An initial public hearing was held on August 23, 2017 to determine if the GMD #4 LEMA Management Plan satisfies the three initial requirements for approval as set forth in K.S.A. 82a-1041. More information can be found in the GMD #4 LEMA hearing notice, initial hearing transcript and order following initial hearing below. 

To view the proposed allocation for your water right, visit the GMD 4 LEMA Allocations website hosted by KDA-DWR.

LEMA Documents:

Document File Size Document Date Provided by
Transcript of second hearing (full size) 1 MB 12/11/2017 Reporter
Transcript of second hearing (condensed) 691 KB  12/11/2017 Reporter
Transcript of second hearing (word index) 4 MB 12/11/2017 Reporter
Second hearing - Exhibit A 59 MB  12/11/2017
Second hearing - Exhibit B
14 MB 12/11/2017  
Initial Hearing Findings
3 MB 09/25/2017 Hearing
Officer
Transcript of initial hearing 433 KB 09/16/2017 Reporter
DWR Letter to GMD No. 4 finding LEMA acceptable for consideration 48 KB 06/27/2017 DWR
GMD No.4 Proposal for District-Wide LEMA 1.62 MB 06/08/2017 GMD4
Proposal attachment two - irrigation water rights 1.60 MB 06/08/2017 GMD4
Proposal attachment two - stockwater rights 196 KB 06/08/2017 GMD4

Procedural and Administrative Matters:

Document File Size Document Date  Provided by 
Order Granting An Extension of Time to File Comments 42 KB 12/12/2017 DWR
Motion for Extension of Time 191 KB  12/11/2017 David Traster
Order Declining Petition For Administrative Review
185 KB 11/13/2017 KDA
Pre-Hearing Conference Order for Second Hearing
175 KB 11/06/2017 DWR
Decision Regarding Motion for Expanded Due Process
272 KB 11/06/2017 DWR
GMD No. 4's Answer to Petition for Review by the Secretary of Agriculture 664 KB 11/06/2017 GMD4
Reply Memorandum in Support of the Intervenors' Motion to Provide Due Process 
202 KB 11/02/2017  David Traster
Decision Regarding Intervenors' Motion for Reconsideration 1 MB 11/01/2017  DWR
GMD No. 4's Response to Intervenor's Motion to Provide Due Process Protections 681 KB 11/01/2017 GMD4
Intervenors' Motion to Provide Due Process Protections for Irrigators 361 KB 10/27/2017 David Traster
Memorandum in Support of Intervenors' Motion to Provide Due Process Protections for Irrigators 989 KB 10/27/2017 David Traster
Intervernors' Motion for Reconsideration 341 KB 10/27/2017 David Traster
Memorandum in Support of Intervenors' Motion for Reconsideration 4,527 KB 10/27/2017 David Traster
Petition for Review by the Secretary of Agriculture 839 KB 10/27/2017 David Traster
Notice of pre-hearing conference for second hearing 30 KB 10/12/2017 DWR
Notice of Intervention 422 KB 10/10/2017 David Traster
Motion for Continuance 414 KB 10/10/2017 David Traster
Notice of second hearing 39 KB  10/02/2017 DWR
GMD No. 4 LEMA Pre-Hearing Conference Order for Initial Hearing 56 KB  07/17/2017 DWR
GMD No. 4 LEMA Initial Hearing Notice 28 KB  07/12/2017 DWR

Submitted written testimony for second hearing:

Provided by File Size Document Date Date Posted
Written testimony received 12/12/2017
3 MB Varies 12/13/2017
Written testimony received between 11/22/2017 and 12/11/2017
2 MB Varies 12/11/2017
Kansas Farm Bureau
27 KB 11/22/2017 11/22/2017
Gary Moss 177 KB  11/20/2017 11/21/2017
Kansas Water Office 193 KB  11/14/2017 11/21/2017
Galen Jamison 382 KB  11/09/2017 11/21/2017
Sharon Stramel 227 KB 11/02/2017 11/21/2017
Kansas Livestock Association 221 KB 11/14/2017 11/17/2017
Scott Ross 379 KB 11/14/2017 11/17/2017
GMD No. 4 1.0 MB 11/2/2017 11/13/2017
DWR 718 KB 11/13/2017 11/13/2017

Submitted written testimony for initial hearing:
Provided by File Size Document Date Date Posted
GMD No. 4 1.24  MB 8/23/2017 8/28/2017 
Kansas Geological Survey 580 KB 8/23/2017 8/28/2017
Scott Ross 60 KB 8/23/2017 8/28/2017
Sharon Stramel 88 KB 8/23/2017 8/28/2017
Max E. Mann 21 KB 9/5/2017 9/5/2017
Leonard Kashka Jr. 8 KB 9/7/2017 9/7/2017 
Doyle E. Saddler
85 KB 9/7/2017 9/7/2017
Jon Friesen
43 KB 9/11/2017 9/13/2017
GMD No. 4, Supplemental Testimony
212 KB 9/12/2017 9/13/2017
Bert Stramel 32 KB 9/13/2017 9/13/2017

Links:
Groundwater Management District No. 4 website
Groundwater Management District Act (K.S.A. 82a-1020 through 82a-1042)