Wichita County LEMA

YouTube Video of Second Public Hearing (11-20-2020): Second Hearing Video Recording.

YouTube Video of Initial Public Hearing (8-14-2020): 
Initial Hearing Video Recording.

News:
The Chief Engineer of the Division of Water Resources, Kansas Department of Agriculture (DWR) has conducted an initial review of the Wichita County Local Enhanced Management Area (LEMA) Management Plan submitted by the Western Kansas Groundwater Management District No. 1 (GMD1) and found it acceptable for further consideration. The proposed LEMA plan calls for reductions in water use in those areas of Wichita County within GMD1. Details about the proposed LEMA plan are available in the 2021-2025 Wichita County LEMA Documents table below.

A second public hearing was held on November 20, 2020 to consider whether the proposed corrective control provisions in the Wichita County LEMA Management Plan are sufficient, and whether the plan should be accepted or rejected, or whether modifications should be proposed. The virtual-hybrid hearing was open to the public, allowed for in-person and online oral statements, and was broadcast live via the Kansas Department of Agriculture's YouTube channel (link). Any interested parties were welcome to submit oral or written statements into the record of the second hearing. Oral statements were only accepted during the hearing, while written comments were accepted through December 4, 2020. Written comments that were provided are available in the Second Public Hearing Comments and Testimony table below.

On September 16, 2020, the Acting Chief Engineer issued Findings and Order Establishing the Initial Requirements for the Designation of a LEMA. He concluded that the proposed Wichita County LEMA satisfies the initial requirements necessary to continue the LEMA designation process and ordered that a second public hearing be conducted.

An initial public hearing was held on August 14, 2020 to determine whether the Wichita County LEMA Management Plan satisfies the initial requirements for approval. The virtual-hybrid hearing was open to the public, allowed for in-person and online oral statements, and was broadcast live via the Kansas Department of Agriculture's YouTube channel (link). Any interested parties were welcome to submit oral or written statements into the record of the initial hearing. Oral statements were only accepted during the hearing, while written comments were accepted through August 28, 2020. Written comments that were provided are available in the Initial Public Hearing Comments and Testimony table below.

The deadline for any party desiring to formally intervene in the proceeding was July 31, 2020. Electing not to formally intervene did not limit any party’s ability to provide testimony for the records of the public hearings.

On March 26, 2020, the GMD1 Board of Directors submitted a formal request to the Chief Engineer of DWR to designate a Wichita County LEMA. Included in the request was a Management Plan and Proposed Allocations for the LEMA period, which are available in the 2021-2025 Wichita County LEMA Documents table below.

2021-2025 Wichita County LEMA Documents:

Description Document File File Size Document Date Provided by
Order of Decision Accepting the Management Plan  Order of Decision  7 MB 12/30/2020 DWR
Second Public Hearing Transcript
Second Public Hearing Transcript  423 KB
12/8/2020
Court Reporting Service, Inc.
Proposed LEMA Allocation Table Proposed LEMA Allocation Table 1 MB 11/12/2020 DWR
GMD1
Pre-Hearing Order for the Second Public Hearing

Pre-Hearing Order for the Second Public Hearing

1 MB  10/06/2020 DWR
Notice of Pre-Hearing Conference for the Second Public Hearing Notice of Pre-Hearing Conference for the Second Public Hearing
220 KB 09/28/2020 DWR
Findings and Order Establishing the Initial Requirements for the Designation of a LEMA
Order Establishing Initial Requirements for LEMA  1 MB
09/16/2020
DWR
Initial Public Hearing Transcript
Initial Public Hearing Transcript  141 KB
08/14/2020
Court Reporting Service, Inc.
Pre-Hearing Order for the Initial Public Hearing
Pre-Hearing Order for the Initial Public Hearing 134 KB  07/09/2020 DWR
Notice of Pre-Hearing Conference for the Initial Public Hearing
Notice of Pre-Hearing Conference for the Initial Public Hearing 41 KB  06/30/2020 DWR
DWR response to GMD1 finding Wichita County LEMA acceptable for consideration DWR Response Letter 472 KB 04/07/2020 DWR
Cover Letter for Wichita County LEMA Management Plan and Proposed Allocations GMD1 LEMA Request Letter 213 KB 03/26/2020  GMD1 
Management Plan for Wichita County LEMA: Request for a LEMA Submitted to the Chief Engineer of DWR Management Plan 1.6 MB 03/26/2020 GMD1
Proposed Allocations for Wichita County LEMA: Historical Use & Allocations Summary Worksheet Proposed Allocations 2.7 MB 03/26/2020 GMD1

Second Public Hearing Comments and Testimony 
Provided By File Size Date Provided
Kyle Spencer, GMD No. 1, 2nd supplemental testimony 113 KB  12/3/2020
Brian W. Bauck, Circle B. Farms, Inc. 390 KB  12/3/2020
Cara Hendricks, Kansas Water Office 102 KB  12/3/2020
Kyle Spencer, GMD No. 1, supplemental testimony 241 KB  12/3/2020
Ray Smith 
9 KB
11/25/2020
Richard Felts, Kansas Farm Bureau  172 KB
11/24/2020
Mike Hunter, Green Plains Cattle Company 50 KB  11/20/2020
Charlie Hughes, City of Leoti 48 KB  11/20/2020
Smith Family Farms  161 KB
11/19/2020
Mike Meyer, DWR Garden City Field Office  148 KB
11/18/2020
Lane Letourneau, DWR  152 KB
11/18/2020
Frank Mercurio, Upper Smoky Hill Regional Advisory Committee  1 MB
11/17/2020
Kyle Spencer, GMD No. 1  9 MB
11/16/2020
DWR - Wichita County LEMA Second Hearing Notice Letter Template
157 KB
10/16/2020

Initial Public Hearing Comments and Testimony 
Provided By File Size Date Provided
Titus Jaeger  111 KB
08/28/2020
Connie Owen, Kansas Water Authority  71 KB
08/27/2020
Mike Meyer, DWR Garden City Field Office
Exhibit A, Findings & Order Designating Wichita Co WCA
Exhibit B, Wichita County WCA Management Plan
125 KB
2 MB
32 KB
08/13/2020
08/13/2020
08/25/2020
Tammy Simons  478 KB
08/11/2020
Kyle Spencer, GMD1  11 MB
08/11/2020
Lane Letourneau, DWR  78 KB
08/11/2020
Frank Mercurio,
Upper Smoky Hill Regional Advisory Committee
28 KB  08/11/2020
Brownie Wilson, Kansas Geological Survey
KGS OFR 2019-16
KGS OFR 2015-33
Supporting Slides
1 MB
5 MB 
17 MB
1 MB
07/21/2020
07/21/2020
08/07/2020
08/11/2020
DWR - Wichita County LEMA Hearing Notice
DWR - Wichita County LEMA Hearing Notice Letter Template
116 KB
172 KB
07/08/2020
07/10/2020

Initiated:
  • March 26, 2020: GMD1 Board of Directors filed request to initiate proceedings for a Wichita County LEMA with the Chief Engineer

Reasons for recommendation:

  • To extend the Ogallala Aquifer supplies for the long term benefit of the area

  • To address excessive water level declines and withdrawal rates exceeding recharge rates within the proposed Wichita County LEMA boundaries

Public Hearings:

  • Initial Public Hearing: August 14, 2020
  • Second Public Hearing: November 20, 2020

Orders:

Links: