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Minutes for HB2634 - Committee on Agriculture and Natural Resources
Short Title
Providing an additional corrective control provision for the chief engineer to consider when issuing orders of designations for local enhanced managements areas and intensive groundwater use control areas.
Minutes Content for Wed, Mar 13, 2024
Chairman Peck opened the hearing on HB2634.
Tamera Lawrence, Revisor gave an overview of the bill.(Attachment 1)
Katie Durham, District Manager of Western Kansas Groundwater Management District No. 1 (GMD1) provided supporting testimony for the bill. (Attachment 2) GMD1 has 2 Locally Enhanced Management Areas (LEMA's), Four County LEMA and the Wichita County LEMA and the Wichita County water Conservation Area (WCA), Producers are provided with a five-year allocation of acre feet that cannot be exceeded during the period of time identified in the management plan or LEMA. Regardless they still must stay under the annual authorized quantity in any given year.
The flexibility that could be incorporated into a LEMA or management play by HB2634 would assist producers in adapting to unforseen circumstances.
Ms. Durham stood for questions.
Shannon Kenyon, Executive Director/Manager North Kansas Groundwater Management District No. 4 (GMD4) provided testimony for the bill. (Attachment 3) In 2018 the GMD4 LEMA was developed. Producers were given a five-year quantity but were still limited to their certified annual quantity of water.
What this bill would do is allow a GMD to request in their LEMA a management plan to send to the chief engineer to request that certified water right be set aside and with that a reduction or a future reduction we can provide them with an actual 5 quantity instead of a 5 year and an annual.
Ms. Kenyon stood for questions.
Orrin Feril spoke on behalf of the Big Bend Groundwater Management District #5.(GMD5).(Attachment 4) GMD5 does not have a LEMA, but has 2 Intensive groundwater use control area (IGUGA). Big Bend supports the concept of providing flexibility to water users provided that there is an overall conservation water in the process. Water users in Central Ks are uniquely positioned in the state with regards to water resources. The water resources respond quickly to both drought and precipitation events.
Mr. Ferril stood for questions.
Jackie Garagiola, Associate Counsel, Kansas Livestock Association (KLA) spoke in favor of the bill. (Attachment 5) KLA policy supports efforts "that would allow an individual water right or rights supplying water to a livestock facility, as long as the water use does not exceed the total annual authorized aggregate quantity of all the water rights available to the facility and does not impair a senior water right from the same local source of supply."
Ms. Garagiola stood for questions.
Written Proponent testimony was given by:
Randy Stookey, Senior Vice President and General Counsel, on behalf of Kansas Agribusiness Retailers Association (KARA) and Kansas Gran and Reed Association (KGFA)(Attachment 6)
Kent Askren, Public Policy Director for Kansas Farm Bureau (Attachment 7)
Earl Lewis, Chief Engineer, Kansas Department of Agriculture provided Neutral testimony on the bill. (Attachment 8) As currently written, the bill would allow an Intensive Groundwater Use Control Area (IGUCA) or Local Enhancement Management Area (LEMA) plan to be written to allow flexibility in the use of water rights. One way this would improve current law is by providing clarity for water users. This bill also reduces the agency's workload.
Mr. Lewis stood for questions.
Chairman Peck closed the hearing at 9:06 am.
