Pursuant to a Notice of Continuation of Hearing issued In the Matter of the City of Wichita’s Phase II Aquifer Storage and Recovery Project in Harvey and Sedgwick Counties, Kansas, KDA Case No. 18 WATER 14014, the formal phase of the administrative hearing in such matter that began on December 10, 2019, will resume and continue, as necessary, at the First Mennonite Church, 427 W. 4th, Halstead, Kansas 67056, on the following dates:

· February 10 through 12, 2020; and

· March 2 through 6, 2020.

These proceedings will begin each day at 9:00 a.m. and will end each day no later than 5:00 p.m., except the proceedings will end no later than 3:00 p.m. on February 12 and March 4.

 These proceedings will continue to address the City of Wichita's proposed modifications to the City of Wichita's Aquifer Storage and Recovery Project Phase II. The City is seeking the approval of the Kansas Department of Agriculture, Division of Water Resources (DWR), for these modifications.

These proceedings are open to the public. Although there will be no designated time for oral public comments, the public and all interested parties are invited to submit written comments. Written comments will be accepted until the record is closed, which will occur thirty days after the close of the formal phase of the hearing, unless extended by further order. Written comments may be submitted any of the following ways:

1) by submitting them in person to DWR staff during the formal phase of the hearing;

2) by mailing a copy to Ronda Hutton, Kansas Department of Agriculture, 1320 Research Park Drive, Manhattan, Kansas, 66502, Attn: Wichita ASR Project Testimony; or

3) by sending an electronic copy via email to ronda.hutton@ks.gov.

Written comments already received regarding this matter will be considered and do not need to be resubmitted.

Updated information, including any scheduling changes, will be made available on this website.

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 The City also submitted a series of new applications which have subsequently been withdrawn.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 on Wichita's proposed modifications to Phase II of its ASR project was held on December 11, 2018 (transcript).
• On March 19, 2019, Chief Engineer Barfield delegated to Constance (Connie) Owen 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. Presiding Officer Owen will conduct a hearing among the formal parties and provide written recommendation to the Chief Engineer based on the record after the hearing is complete.
• The formal phase of the public hearing began in Halstead, KS on December 10, 2019 and continued through December 12. The hearing is ongoing and has been continued as explained above.

Orders, approvals, and agreements related to the existing project:

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

ASR Accounting Reports: