Wichita ASR

News:
On March 19, 2019 Chief Engineer Barfield delegated to Constance (Connie) Owens the authority to serve as the presiding officer in this matter and postponed the formal phase of the public hearing previously scheduled for March 26, 2019. Hearing Officer Owen will conduct a hearing among the formal parties and provide written recommendations to the Chief Engineer based on the record after such hearings are complete. A new date for the formal phase of the hearing will be announced in the near future.

Background:

The City of Wichita has the state's only active Aquifer Storage and Recovery project. The project was developed and approved in two phases.
On March 12, 2018 the City forwarded a detailed proposal for changes to the conditions associated with its existing permits for Phase II of the project. The City also submitted a series of new applications which have subsequently been withdrawn.
The City's proposal was clarified and modified in minor ways via an initial review process during April and May 2018.
On June 28, 2018 a public informational meeting regarding the proposed changes was held at the Halstead High School Auditorium.
Beginning July 19, 2018, a series of pre-hearing conferences were held to set a date, time and location for the formal hearing; to discuss procedures for the hearing; to set any necessary deadlines; and to discuss any other appropriate matters raised. The resulting orders are available below in the table "Hearing officer notices, orders, etc." The filings by the parties are included in the table "Parties' motions, etc."
Information related to the City's existing ASR permits is available below.
A public comment hearing in the matter of Wichita's proposed changes to Phase II of its ASR project was held on December 11, 2018 (transcript).

City of Wichita request:

Description	File Size	Document Date	Provided By
Wichita ASR permit modification proposal cover letter	634 KB	03/12/2018	Wichita
Wichita ASR permit modification proposal Attachments A-D Attachment E Attachments F-J	14 MB 10 MB 24 MB 18 MB	03/12/2018	Wichita
Wichita New Applications (File Nos. 48,704 through 48,733)	Multiple	Multiple	DWR

Public comment:

Description	File Size	Document Date	Provided By
Joseph Trego comments	97 KB	03/13/2019	Trego
Tommy Logue comments	380 KB	03/13/2019	Logue
Gary Stecklein comments	89 KB	03/07/2019	Stecklein
Toyia Bulla comments	85 KB	02/25/2019	Bulla
Rob Krehbiel comments	143 KB	02/08/2019	Krehbiel
Richard Basore comments	83 KB	01/22/2019	Basore
Gary Stecklein comments	87 KB	01/11/2019	Stecklein
Beth Vannatta comments	92 KB	12/27/2018	Vannatta
Transcript of public comment hearing (12/11/2018)	330 KB	12/11/2018	Reporter
Kansas Farm Bureau comments	53 KB	12/11/2018	KFB
David Mueller comments	98 KB	12/11/2018	Mueller
Philip Lohrenz comments	14 KB	12/10/2018	Lohrenz
John Reimer comments	55 KB	12/10/2018	Reimer
D. Keith Jacob comments	35 KB	12/10/2018	Jacob
Dr. Kate Jacob comments	13 KB	12/07/2018	Jacob
Laurie Hartke comments	154 KB	11/13/2018	Hartke

Documents related to proposal development:

Description	File Size	Document Date	Provided By
KDA-DWR December 2018 Public Hearing Handout	194 KB	12/11/2018	DWR
KDA-DWR Halstead Public Informational Meeting Summary KDA-DWR, City of Wichita and GMD2 Presentations (YouTube) KDA-DWR's Presentation City of Wichita's Presentation GMD2's Presentation	373 KB NA 958 KB 634 KB 2.5 MB	06/28/2018	DWR Wichita GMD2
Correspondence - DWR to GMD2, Response to Initial Review	1.2MB	06/01/2018	DWR
Correspondence - Wichita to DWR, Response to Comments	125 KB	05/22/2018	Wichita
Correspondence - Wichita to DWR, Process and Schedule	108 KB	05/11/2018	Wichita
Correspondence - GMD2 to DWR, Process and Schedule	150 KB	05/11/2018	GMD2
Correspondence - DWR to GMD 2 Wichita, Process	51 KB	05/09/2018	DWR
Correspondence - GMD2 to DWR, Proposed Permit Modifications	845 KB	04/27/2018	GMD2
Correspondence - City to GMD2, Change in ASR Tactics	119 KB	04/26/2018	Wichita
Correspondence - GMD2 to City, Change in Operations	91 KB	04/06/2018	GMD2
Wichita ASR Proposal Update for EW RAC Video on YouTube	1 MB	03/26/2018	DWR
Correspondence - Barfield to GMD2 and City, Process for Draft Proposed Permit Approvals for Initial Review	1 MB	03/22/2018	DWR
Chief Engineer's presentation at special GMD2 Board Meeting	658 KB	12/20/2017	DWR
Correspondence - GMD2 to DWR, Request to Delegate Hearing	34 KB	12/11/2017	GMD2
Correspondence - Barfield to City of Wichita, Project Process	638 KB	09/18/2017	DWR
Correspondence - City to GMD2, Drought Modeling	66 KB	01/24/2017	Wichita
Correspondence - GMD2 to City, Drought Modeling Review	3.9 MB	12/14/2016	GMD2
Correspondence - City to GMD2, Permit Modifications	3.4 MB	11/15/2016	Wichita
Correspondence - Wichita to Barfield, Requested Modification to Limitations	2.7 MB	05/24/2013	Wichita

Hearing officer notices, orders, etc.:

Description	File Size	Document Date	Provided By
Order of Delegation and Temporary Postponement	769 KB	03/19/2019	DWR
Order Extending Deadline for Depositions	109 KB	03/01/2019	DWR
Order Extending Deadline for Expert Reports	35 KB	02/15/2019	DWR
Notice of Hearing Location	40 KB	01/18/2019	DWR
Notice of Final Hearing Schedule	39 KB	12/21/2018	DWR
Notice of Deadlines and Scheduling Order	143 KB	11/19/2018	DWR
Order Regarding Motion for Extension of Time and to Continue Hearing	371 KB	11/12/2018	DWR
Order Regarding Withdrawal of Parties for the Formal Phase of the Public Hearing	174 KB	11/05/2018	DWR
Order Regarding Designation of Parties	150 KB	10/26/2018	DWR
Scheduling Order	145 KB	10/05/2018	DWR
Order Modifying Hearing and Schedule	139 KB	09/27/2018	DWR
Notice of Hearing on Scheduling and Withdrawal of Applications	113 KB	09/24/2018	DWR
Hearing on Various Motions Minutes	801 KB	09/18/2018	DWR
Notice of Hearing on Various Motions	106 KB	09/11/2018	DWR
Order to Provide Notice	105 KB	09/11/2018	DWR
Wichita ASR Phase II Modifications Prehearing Conference Order	1.7 MB	07/23/2018	DWR
Notice of Pre-Hearing Conference	52 KB	07/02/2018	DWR

Parties' motions etc. (note that attachments are included within applicable pdfs below):

Description	File Size	Document Date	Provided By
GMD2 Prehearing Brief	186 KB	03/18/2019	GMD2
Intervenors Prehearing Brief	4.6 MB	03/18/2019	Intervenors
DWR Prehearing Brief	247 KB	03/18/2019	DWR
DWR Response to GMD2 and Intervenors Motion to Dismiss	88 KB	03/18/2019	DWR
DWR Response to Motions to Ensure Impartiality Exhibit A Exhibit B	131 KB 1.0 MB 90 KB	03/18/2019	DWR
Wichita Response to Remaining Motions	41 KB	03/18/2019	Wichita
Wichita Response to GMD Motion to Dismiss	45 KB	03/18/2019	Wichita
Wichita Response to GMD Motion to Bar Experts	8 MB	03/18/2019	Wichita
DWR Response to GMD2 motion to compel DWR	980 KB	03/18/2019	DWR
DWR Response to Motion to Bar Agency Recommendations	115 KB	03/18/2019	DWR
Wichita Response to GMD2 Motion to Compel	1.0 MB	03/12/2019	Wichita
Intervenors motion to support GMD2 Motions	166 KB	03/11/2019	Intervenors
GMD2 Motion to Dismiss	836 KB	03/11/2019	Wichita
GM2 Motion in Limine to Bar DWR Expert Reports	1.1 MB	03/11/2019	GMD2
GMD2 Motion to Ensure Impartiality of Hearing Officer Exhibit A Exhibit B	489 KB 177 KB 1.2 MB	03/11/2019	GMD2
GMD2 Motion to Compel City Exhibit A Exhibit B Exhibit C	455 KB 10 MB 297 KB 94 KB	03/11/2019	GMD2
GMD2 Motion to Compel DWR Exhibit A Exhibit B Exhibit C	450 KB 3.1 MB 727 KB 137 KB	03/11/2019	GMD2
GMD2 Motion in Support of Summary Judgment	552 KB	03/11/2019	GMD2
GMD2 Revised Witness and Exhibit List	148 KB	03/11/2019	GMD2
GMD2 Witness and Exhibit List	510 KB	03/11/2019	GMD2
Wichita Witness List	13 KB	03/11/2019	Wichita
Wichita Exhibit List	18 KB	03/11/2019	Wichita
Intervenors Witness and Exhibit List	364 KB	03/11/2019	Intervenors
DWR Witness and Exhibit List	94 KB	03/11/2019	DWR
GMD2's Motion in Limine to Exclude Select Expert Reports	216 KB	03/11/2019	GMD2
Wichita's Motion in Limine to Exclude Select Expert Reports	40 KB	03/11/2019	Wichita
GMD2 Motion to Extend Deadline for Depositions	168 KB	02/27/2019	GMD2
Intervenors Expert Reports	5.9 MB	02/18/2019	Intervenors
GMD2 Expert Reports	24 MB	02/18/2019	GMD2
City of Wichita Expert Reports	334 KB	02/15/2019	Wichita
Interveners Motion in Support of GMD2 Motion for Extension	87 KB	02/14/2019	Interveners
GMD2 Motion for Extension to Modify the Scheduling Order and Extend the Deadline to Submit an Expert Report	509 KB	02/14/2019	GMD2
DWR's Response in Opposition to Intervenors' and GMD2's Motions for Extension of Time to Request Discovery, Designate Expert Witnesses and Exhibits and Continue Hearing	105 KB	11/06/2018	DWR
City of Wichita's Response to GMD2's Motion for Extension and Referenced Documents	11 MB	11/07/2018	Wichita
GMD2's Motion in Support of Intervenors' Motion for Extension of Time to Request Discovery, Designate Expert Witnesses and Exhibits and Continue Hearing	232 KB	11/05/2018	GMD2
City of Wichita's Response to Intervenors' Motion for Extension of Time	213 KB	11/05/2018	Wichita
Motion for Extension of Time to Request Discovery, Designate Expert Witnesses and Exhibits and Continue Hearing	137 KB	11/03/2018	Intervenors
Motion to Withdraw as a Party	192 KB	11/03/2018	Intervenors
City Confirmation of ASR Groundwater Modeling Data Submittal	302 KB	09/28/2018	Wichita
ASR RRW Permit Applications 48704-48733 Correspondence	114 KB	09/20/2018	Wichita
GMD2 Disclosure of Expert Witnesses	638 KB	09/18/2018	GMD2
City of Wichita Preliminary Expert Disclosure	106 KB	09/18/2018	Wichita
City of Wichita Experts	1.6 MB	09/18/2018	Wichita
DWR's Notice of Compliance with Order to Provide Notice	78 KB	09/18/2018	DWR
DWR's Half-Mile Letter -Exhibit C	46 KB	09/18/2018	DWR
DWR's Motion to Suspend Discovery Deadline and the Obligation of DWR to Answer GMD2's Written Discovery	96 KB	09/17/2018	DWR
Response to DWR's Motion to Suspend Discovery Deadline and the Obligation of DWR to Answer GMD2's Written Discovery	344 KB	09/14/2018	GMD2
DWR's Half-Mile Letters -Exhibit B	2.6 MB	09/13/2018	DWR
DWR's Half-Mile Letters -Exhibit A	2.2 MB	09/12/2018	DWR
Response to City of Wichita's Response to Motion for Extension of Time	541 KB	09/12/2018	GMD2
Notice and Order to Discuss Various Motions Correspondence and Attachments	786 KB	09/11/2018	DWR
DWR Summary of Issues Correspondence and Attachments	737 KB	09/10/2018	DWR
Administrative Hearing Notice Protocol GMD2 Correspondence to DWR	421 KB	09/10/2018	GMD2
City's Response to Motion for Extension of Time	351 KB	09/07/2018	Wichita
Motion to Extend Time Correspondence to City and GMD and Attachments, Resent	6.2 MB	09/07/2018	DWR
Motion to Extend Time Correspondence to City and GMD and Attachments	1.9 MB	09/06/2018	DWR
DWR Staff Response to GMD2 Reviews Correspondence	51 KB	09/06/2018	DWR
Motion to Extend Time Order and Correspondence and Attachment	418 KB	09/05/2018	DWR
Motion to Extend Time Email Correspondence and Attachment	533 KB	09/05/2018	DWR
Motion for Extension of Time to Answer the City of Wichita's Discovery Requests and to Designate Expert Witness	67 KB	09/04/2018	GMD2

Orders and approvals related to the existing project:

Description	File Size	Document Date	Provided By
ASR: Phase 1 approval	816 KB	08/02/2005	DWR
ASR: Phase 2 approval	544 KB	09/18/2009	DWR

Rules and regulations:
K.A.R. 5-12-1 through K.A.R. 5-12-4

Background information:

Description	File Size	Document Date	Provided By
Wichita New Applications (File Nos. 48,704 through 48,733)	Multiple	Multiple	DWR
Status of Groundwater Levels and Storage Volumes in the Equus Beds Aquifer near Wichita, KS, January 2016	5.4 MB	01/2016	USGS
Groundwater-Level and Storage-Volume Changes in the Equus Beds Aquifer near Wichita, Kansas, Predevelopment through January 2015	5.3 MB	01/2015	USGS
WichitaASR.org	NA	NA	Wichita

ASR Accounting Reports:

Description	File Size	Document Date	Provided By
Wichita ASR 2016 Annual Accounting Report	24 MB	2018	Wichita
Wichita ASR 2015 Annual Accounting Report	14 MB	2018	Wichita
Wichita ASR 2014 Annual Accounting Report	8.3 MB	2015	Wichita
Wichita ASR 2013 Annual Accounting Report	7.9 MB	2015	Wichita

Kansas Department of Agriculture

Wichita ASR