A Water Conservation Area (WCA) is a designated area with an approved management plan developed by a water right owner or group of water right owners with the consent of the chief engineer to reduce water withdrawals while maintaining economic value via water right flexibility. WCAs were signed into law in April 2015 by Governor Sam Brownback to provide a tool to water right owners to extend the usable lifetime of the Ogallala-High Plains Aquifer.

There are many benefits to forming a Water Conservation Area (WCA). Conserving water resources extends the usable lifetime of the water supply allowing for either a transition to limited irrigation or for continued beneficial use of the water for a greater length of time into the future. Participation within a WCA may also afford flexibilities that are not available to water right owners outside of a WCA or LEMA. These flexibilities can be outlined in the WCA management plan and may include creating multi-year allocations, allowing the movement of allocations between enrolled water rights, or the allowing use of water for new uses.

WCAs do not make any permanent change in enrolling water rights and can be limited in duration to allow water right owners to try out the controls.

Any groundwater water right owner or group of water right owners in an area of need of conservation may form a Water Conservation Area. Water rights must be vested or certified in the same source of supply. Landowners with multiple water rights are eligible to group those rights into one WCA or multiple WCAs.

For the purpose of a WCA, an area in need of conservation must meet one or more of the following conditions:

• Groundwater levels in the area are declining or have declined excessively;
• Rate of withdrawal of groundwater within the area in question equals or exceeds the rate of recharge in the area;
• Preventable waste of water is occurring or may occur in the area;
• Unreasonable deterioration of the quality of water is occurring in the area; or
• Area is closed to new appropriations.

The agency worked with the Kansas Legislature to develop a streamlined process for forming a Water Conservation Area. See detailed steps here. 

Help is available at any step during the process by contacting the Kansas Department of Agriculture, Division of Water Resources at (785) 564-6700.

The Kansas Department of Agriculture Division of Water Resources is committed to provide the tools, information and assistance necessary to assist any water right owner interested in forming a Water Conservation Area. Some of these tools and information may include, but are not limited to, maps of places of use, hydrographs from KDA DWR’s monitoring well network, water-use history, estimated usable lifetime maps, and example consent agreement language. As you initiate discussions in the development of a WCA contact the Kansas Department of Agriculture, Division of Water Resources at (785) 564-6700. 

Water right owner(s) will develop a management plan to serve as the basis of the Water Conservation Area (WCA) consent agreement. The management plan should include:

• Names of all water right owner(s) and name and contact information (name, mailing address, phone number and e-mail address) of the primary WCA representative (may be one of the water right owners);
• Clear geographic boundaries;
• Written consent of all the participating water right owners;
• Information supporting that the area meets one or more of the following conditions:
  • Groundwater levels in the area are declining or have declined excessively;
  • Rate of withdrawal of groundwater within the area in question equals or exceeds the rate of recharge in the area;
  • Preventable waste of water is occurring or may occur in the area;
  • Unreasonable deterioration of the quality of water is occurring in the area; or
  • Area is closed to new appropriations.
• The proposed duration of the WCA and any process for adding or removing water rights;
• Indication that due consideration has been provided to any of the water right owners within the WCA that may have previously implemented voluntary water conservation measures;
• Goals and corrective controls to address any of the conditions identified above; and
• Description of the compliance and enforcement to implement the WCA.

The area of land enrolled in a WCA is the sum of the places of use of the enrolling water rights. The areas may or may not be contiguous. 

There are many corrective control provisions that may be included in a Water Conservation Area (WCA), including but not limited to, closing an area to new appropriations, apportioning a permissible total withdrawal of groundwater, reducing permissible withdrawals, and requiring a rotation of groundwater use in the WCA. The water right owner(s) proposing the WCA should determine the type and level of conservation that they feel fits for the area and personal goals.

As a guideline, the acceptable level of conservation will be commensurate with the condition of the resource in the area, as well as the level of flexibility requested in the WCA proposal.

The length of time water right(s) are enrolled in a WCA is defined by the water right owner(s) in the management plan. There are no requirements for the duration of the WCA. However, enrollees are encouraged to identify a time long enough to fully assess the benefits and impacts on their operation and the groundwater conditions of enrolling in the WCA.

Both Water Conservation Areas (WCAs) and Local Enhanced Management Areas (LEMAs) are effective conservation tools available to water right owners. A WCA is formed when a water right owner or group of water right owners mutually agree to form a WCA and submit a management plan directly to the Chief Engineer. A Local Enhanced Management Area (LEMA) must be initiated by a Groundwater Management District and is formed after a public hearing process before the Chief Engineer to consider the conservation plan.

The corrective control provisions of a Water Conservation Area (WCA) cannot conflict with the rules and regulations of a Groundwater Management District (GMD) or the requirements of a Local Enhanced Management Plan (LEMA) or Intensive Groundwater Use Control Area (IGUCA). If a LEMA or IGUCA is formed after a WCA, and the WCA is partially or wholly within the LEMA or IGUCA, the corrective control provisions that result in the greater overall conservation of water resources will take effect. The Chief Engineer is authorized to amend the provisions of the WCA to conform to any rules and regulations or requirements that result in greater conservation of the water resources.

A water right owner or group of water right owners within an established LEMA can form a WCA as long as the corrective control provisions do no conflict with the LEMA requirements and propose a greater overall conservation than the LEMA.

As described in the statute, a Water Conservation Area (WCA) management plan shall give due consideration to water users who have previously implemented reductions in water use resulting from voluntary conservation measures. Giving this due consideration may vary from one WCA to another and is dependent on the requested control provisions and the desire of each of the water right owners enrolling in a WCA. For example, when allocations are set based on inches per acre, those who have previously implemented conservation are not disadvantaged. Where allocations are based on reductions from historic use, if several water right owners agree to collectively enroll in one WCA and one of the water right owners has demonstrated a history of past voluntary measures that exceeds the other enrollees (high conversion to water efficient irrigation, significant reduction in groundwater withdrawals, etc), the enrollees may elect to afford that water right owner a lower level of required conservation.

A benefit of a Water Conservation Area (WCA) is that it is a simple process intended to be streamlined and not require long review times or public hearing processes. Involving the Kansas Department of Agriculture early in WCA plan development will help streamline the review process.

As described in the WCA statute, if a WCA is proposed within the boundaries of a Groundwater Management District (GMD), the GMD shall be given the opportunity to provide a written recommendation regarding the proposed WCA and management plan within 45 days of notification by the Chief Engineer. If there are extenuating circumstances or information that would significantly impact the success of the WCA, the review period may be extended by up to 30 days upon approval by the Chief Engineer.

To ensure the WCA is ready to implement in the following irrigation season, the Kansas Department of Agriculture requests all WCA plans be submitted by October 1 of the preceding year (e.g. – plans submitted by October 1, 2015, can be reviewed and available for implementation in the 2016 irrigation season). 

No. There are no fees for enrolling in a WCA. If the WCA management plan and associated flexibilities require the issuance of a term permit or change application, the regular fee structure to process those applications will apply.

For more information about term permits and to view the associated fee structure, click here.

For more information about change applications and to view the associated fee structure, click here.

As described in the statute, the Chief Engineer shall be responsible for the monitoring and enforcement of any corrective control provisions ordered for a Water Conservation Area (WCA). Much of the monitoring necessary to ensure the water right owners enrolled within the WCA are complying with its conservation provisions can be conducted by evaluating the required annual water use reports. Staff from the Kansas Department of Agriculture, Division of Water Resources may conduct spot checks throughout the year to ensure compliance.

In some cases, additional monitoring and reporting may be required to ensure successful implementation of the WCA. These cases may include annual use beyond annual authorized quantity, wells with significant pumping rates, or changes in the places of use. Examples of monitoring protocol and reporting forms can be provided to assist enrollees in a WCA if these cases apply.

The WCA management plan should include agreed-upon consequences, such as reduced future diversions, for any water users who do not comply with the terms of the WCA. The Chief Engineer remains responsible for monitoring and enforcement of WCAs, and other consequences may be imposed in the terms of the consent agreement.

No. Enrolling in a WCA will not permanently alter the authorized quantity, rate, ownership or places of use connected to a water right. Depending on the corrective controls and flexibilities defined in the WCA consent agreement, term permits may need to be issued to address temporary changes in places of use, authorized quantities and authorized rates. KDA DWR staff will work with water right owners to determine if term permits are necessary.  

Yes. A water right may still be sold while enrolled in a WCA. Unless otherwise specified in the management plan, removing a water right from the WCA can be requested with the consent of all participating water right owners. 

Yes.

No. The consent agreement terms and conditions will only apply to those water right holders agreeing to enroll in the WCA. If the WCA agreement includes flexibilities such as changes in places of use or changes in the authorized rate, the Chief Engineer will evaluate the request, with special attention to the perimeter of the WCA, to ensure neighboring water rights are not impacted. The implementation of additional water conservation within the WCA should improve conditions in the area overall.

Yes. If interested in implementing technology as a means to achieve the conservation measures outlined in your WCA management plan, the Kansas Department of Agriculture and Kansas Water Office will identify existing cost-share programs that may meet your needs. If suitable existing programs do not fit your WCA needs, KDA and KWO will provide out-of-program cost share for the technology.

No. Water Conservation Areas (WCAs) identify goals and corrective controls to address declines in aquifer conditions. Non-use due to lack of access to a point of diversion or declining aquifer conditions is not characterized as water conservation under this program.

• Water right owner(s) schedule a pre-process meeting with the Kansas Department of Agriculture or a local WCA consultant to review water rights, historic use, resource conditions and ideas for corrective controls, conservation goal, and flexibilities.
• As the water right owner(s) collect resources for the development of the WCA, the Kansas Department of Agriculture Division of Water Resources can provide the following:
  • Maps showing aggregate places of use;
  • Hydrographs of water table decline and the average rate of decline for 2003-2012 (recommended period);
  • Water use history for each water right including acre foot per acre averages for 2003-2012 (recommended period); and
  • Estimated usable lifetime (EUL) map and an assessment of potential EUL responses to conservation goals.

• Water right owner(s) develop a management plan that will serve as the basis of the WCA consent agreement. The management plan should include:
  • Names of all water right owner(s) and name and contact information (name, mailing address, phone number and e-mail address) of the primary WCA representative (may be one of the water right owners);
  • Clear geographic boundaries;
  • Written consent of all participating water right owners;
  • Information supporting that the area meets one or more of the following conditions:
    • Groundwater levels in the area are declining or have declined excessively,
    • Rate of withdrawal of groundwater within the area in question equals or exceeds the rate of recharge in the area,
    • Preventable waste of water is occurring or may occur in the area; or
    • Unreasonable deterioration of the quality of water is occurring in the area; or
    • Area is closed to new appropriations.
  • Proposed duration of the WCA and any process for adding or removing water rights;
  • Indication that due consideration has been provided to any of the water right owners within the WCA who may have previously implemented voluntary water conservation measures;
  • Goals and corrective controls to address any of the conditions identified above; and
  • Description of the compliance and enforcement to implement the WCA.

• Water right owner(s) submit WCA management plan to the Chief Engineer by October 1.
• Chief Engineer ensures that the management plan has the required elements.
• If the WCA boundaries fall partly or wholly within a Groundwater Management District (GMD), the Chief Engineer will provide the management plan to the GMD. The GMD shall be given the opportunity to provide a written recommendation regarding the proposed WCA and management plan within 45 calendar days of notification by the Chief Engineer. If there are extenuating circumstances or information that would significantly impact the success of the WCA, the review period may be extended by up to 30 calendar days upon approval by the Chief Engineer.
• The Kansas Department of Agriculture develops a consent agreement and order of designation. Water right owner(s) within the WCA review and sign the consent agreement and order of designation.
• The signed consent agreement and order of designation is entered in the records of the Chief Engineer and the term and conditions of the WCA can begin implementation. 

• Depending on the corrective controls and flexibilities defined in the WCA consent agreement, term permits may need to be issued to address temporary changes in places of use, authorized quantities and authorized rates.
• During implementation of a WCA, water right owners will continue to submit annual water use reports. In some cases, additional monitoring and reporting may be required to ensure successful implementation of the WCA. These cases may include requests for annual use beyond annual authorized quantity, wells with significant pumping rates, or changes in the places of use. Examples of monitoring protocol and reporting forms can be provided to assist enrollees in a WCA if these cases apply.
• The Chief Engineer shall be responsible for the monitoring and enforcement of any corrective control provisions ordered for a WCA. A periodic review of the consent agreement and order shall be conducted by the Chief Engineer at the frequency defined in the agreement. Kansas Department of Agriculture, Division of Water Resources may conduct spot checks throughout the year to ensure compliance.
• If a Local Enhanced Management Area (LEMA) or Intensive Groundwater Use Control Area (IGUCA) is formed and overlaps the boundaries of the WCA, the Chief Engineer may modify the WCA order if the LEMA or IGUCA provisions are more restrictive.
• With the consent of all participating water right owners in a WCA, the Chief Engineer may amend the agreement and order to modify corrective controls or boundaries, add or remove water rights, terminate the WCA or make other changes requested by the water right owner(s).