Kansas High Plains Aquifer Policies and Priorities March 7, 2012

1. Kansas High Plains AquiferPolicies and Priorities March 7, 2012 Susan Stover, PG Kansas Water Office

2. Part 1 - Events in 2011 Part 2 –2012 Water Legislation relevant to Ogallala Water Resources in Kansas are very different from West to East Part 3 – Where headed in 2012

3. Kansas Water Plan www.kwo.org

4. Kansas Water Authority’s Annual Report to Governor and Legislature www.kwo.org/reports

5. Kansas Water Plan Priority Issue:Conserve & Extend the life of the Ogallala aquifer Adopted in 2001 • Local Leadership (Groundwater Management Districts) • Define Priority Subunits • Set Conservation Goals • State provides research to support decision making and programs to achieve goals.

6. Ogallala Aquifer Events in 2011

7. Governor’s Economic Summit on the Future of the Ogallala AquiferJuly 21, 2011, Colby The Ogallala Aquifer is the main source of water in the western third of Kansas. It is essential to find ways to help protect, extend and conserve the life of the Ogallala Aquifer for future generations of Kansans, as stated in the State Water Plan, while also supporting today’s western Kansas economy.

8. Governor’s Economic Summit on the Future of the Ogallala Aquifer Themes expressed: Widespread concern on depletions Have a long term plan Shared sacrifice acceptable if with clear, attainable goals. Interest in limited irrigation. Set goals and then give farmers flexibility to meet them.

9. Ogallala Aquifer Advisory Committee Ad hoc committee of Kansas Water Authority 21 stakeholders/leaders from across Ogallala region and different types of water uses Staff support and Advice from KWO, KDA, DWR, GMDs, KSU and others

10. U.S. Drought Monitor July 26, 2011

11. Kansas Drought Extent in 2011

12. State DWR Responds to Dire Conditions

13. January 2011-2012 Water Table Level Change

14. 2012 Water Legislation Five pieces of legislation relevant to Ogallala aquifer Endorsed by OAAC and Kansas Water Authority Supported by Governor Brownback

15. Amend the multi-year flex accounts to give irrigators expanded capabilities to manage their crop water over a five year period, a useful tool when there is limited water. • Flex accounts are currently available but not often used due to program structure and rules. • Allows users to match planning for water usage with long term cropping and financing decisions. Multi Year Flex Accounts SB272 – Signed into law, March 5, 2012

16. Changes to Multi Year Flex Accounts • Removes required 10% conservation • Forgives 2011 water use under two year drought term permit. • Provides producers options on how to determine 5 year quantity, as long as doesn’t increase long term use: • Average Historic Water Use (2000 to 2009) • County Net Irrigation Requirement (NIR) for the maximum acres reported irrigated (2000 to 2009) • A system promulgated by the Groundwater Management Districts

17. Amend appropriation act to eliminate “use it or lose it” for groundwater rights in areas closed to new water right development to protect those rights from unintentional forfeiture. • Removes disincentive to conserve • Fundamental step in changing culture of development to a culture of conservation • Bill signed into law, March 5, 2012 Kansas Water Appropriation Act

19. Conserve & Extend the Life of the Aquifer • GMD4 met with stakeholders in all six High Priority Areas • Local leadership in Sheridan County #6 area set conservation goals, which include mandatory water use cuts. • Problem: How to implement? IGUCA is problematic. • Create a new law

20. Groundwater Management Act Legislation for Local Enhancement Management Plans (LEMAs) • LEMAs are to be: • Proactive • Supported by the Groundwater Management District (GMD) • Have corrective measures that address conservation needs • May include mandatory water use reductions; and • Approved by the Chief Engineer SB 310 – Passed Senate; needs action by full House

21. Modify Water Banking Act • Water Bank is a market-based program to relocate water use and provide conservation in water short areas. • Amend to create process for permanent charter, and to allow more than one groundwater bank. • Water Bank allows for: • Short term (10 year) leases at prices set by depositor and buyer • Movement of groundwater anywhere allowed within Bank boundary and HUC • Safe Deposit accounts for depositor's own use in the future • Minimum 10% water conservation (set by Statute) • HB2516 – Passed House; awaits action by Senate Ag Committee

22. Water Transition Assistance Program (Water TAP) • Make Water TAP a permanent program • Water TAP provides state dollars used in concert with EQIP and AWEP for water right retirement • Governor recommended $1 million for this program • KDA-DOC plans to focus on partial water right retirements (limited irrigation) HB 2517 – passed House; awaits action by Senate Ag Committee

23. Part IIIWhat’s Ahead in 2012

24. Ogallala Aquifer Advisory Committee Ogallala Aquifer Advisory Committee to meet in early April • New state tools made available • Review what other states are doing • What guidance/direction helpful?

25. 2012 Farm Bill • Hearings began in Senate Ag Committee • Governor Brownback submitted testimony • Focus on conserve and extend High Plains aquifer • Adjust NRCS EQIP CPs that incorporates permanent limited or no irrigation. • Extend water quantity contracts for 10 years with permanents reflective of permanent land use change. • Consider a pilot program for High Plains aquifer • Use CPs with innovative technology (as in CSP).

26. 2012 Forum • Focus is on resurgence of oil & gas development • New technologies of horizontal drilling & fracking • Horizontal Drilling takes much more water to develop than vertical wells. • Spreading into Kansas – Implications for water? Other environmental issues?

27. Sorghum Research Can the genetics be improved to get increased yields that compete with corn? How much might it cost? How long might it take?

28. Governor’s Water ConferenceOctober 30 – 31, 2012Manhattan

29. Questions & CommentsThank YOu