Sep 23, 2026

LETTER: Water PACK chairman responds to Hays city manager on R9

Posted Sep 23, 2026 9:30 AM

Recently I received the attached email from Toby Doughtery, Hays city manager, telling me that members of the Water Protection Association of Central Kansas (Water PACK) should travel to Russell and explain to the citizens why they do not need the water from the R9 Ranch. Part of this email included a notification from the city of Russell to its citizens and business’s that they are being placed under water restrictions due to low flows in Big Creek. Rather than engaging in a pointless exchange with Mr. Doughtry I am communicating the facts from Water PACK’s side to the people whose tax dollars have been paying for this mess since its inception.

1. It is not the intent of Water PACK to “BLOCK” the transfer. The dispute is over the quantity of water proposed to be transferred.

a. Water PACK’s expert hydrologists have stated that 2200-2500 acre feet (814,625,000 gallons at 2500 acre feet) of water can be safely transferred annually without negatively impacting the water supply of the R9 and the surrounding area.

b. The transfer as proposed would allow 4800 acre feet (1,564,080,000 gallons) to be removed annually. Two thirds of the wells on the R9 are in the delicate alluvial aquifer along the Arkansas River. These wells are very shallow, dewater quickly, and produce water of marginal quality that is high in chlorides, and total dissolved solids. This thin alluvial aquifer is what makes this property very different from other properties in the area.

c. The modeling done on the R9 by Hays/Russell engineers assumes 100 feet of available water under the R9 according to Mr. Dougherty. Well plugging records from Kansas Geological Survey show an average of 44 feet of water under the R9. This is a difference of negative 56%. Their modeling also shows that the R9 receives significant recharge from the Arkansas River. This river has only run 3 times in the past 50 years, and the continued lowering of groundwater levels in western Kansas is negatively impacting recharge of the alluvial aquifer at the R9. Recharge from rainfall is also negatively impacted by the conversion to grass as like pouring water on a dry sponge, the grass will intercept much of the moisture before it can reach the aquifer.

2. Water PACK did not file suit against Hays and Russell

a. Water PACK filed suit against the Kansas Division of Water Resources over the deficiencies and inaccuracies in the Transfer, and Change orders.

b. Hays and Russell could have set back and let the state of Kansas defend the case, but they opted to file as intervenors with their own lawyers to represent their interests thus incurring the millions of dollars in legal bills you’ve heard so much about.

3. How much is enough?

a. Depending on the audience it is 2000 acre feet for the exclusive use of Hays/Russell, or it is a regional water solution for everyone along the I70 corridor that will require the full 4800 acre feet. Water PACK does not know which story to believe.

The citizens, and administrators of Hays and Russell have been misled about the quantity and quality of water on the R9 since before it’s purchase.

Regardless of what the permit says, you cannot drink water that only exists on paper.

Water PACK supports the transfer of 2200-2500 acre feet per year. This will ensure a sustainable long term supply for the citizens of Edwards County, Hays, and Russell.

— Pat Janssen,
chairman Water PACK BOD

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Email from Toby Dougherty, Hays city manger to Pat Janssen, chairman Water PACK BOD

Toby Dougherty<tdougherty@haysusa.com>
Pat Janssen <patmilanjanssen@gmail.com>

Pat,FYI.  Maybe you and the other waterpack members should drive up to Russell and remind their residents how much they really don’t need the water that they own on the R9.   

— Toby Dougherty Sent from a mobile device

Stage 2 Water Warning Declared: Additional Conservation Measures Adopted

The City of Russell utilizes two water sources, one of which being Big Creek. Big Creek has stopped flowing over the low head dam immediately downstream from the City’s intake structure.

This benchmark as provided within our Water Conservation Plan, moves the City into a Stage 2 Water Warning.The City Council approved Resolution 23-26 which provides for the following restrictions in accordance with the City’s Water Conservation Plan:

1. Waste of Water is prohibited.  This shall include permitting water to escape down a gutter, ditch, or other surface drain, and also failure to repair a controllable leak of water due to defective plumbing.

2. Outdoor watering for residential and public grounds for gardens, lawns, trees, shrubs, water gardens, plants, parks, golf courses and playing fields is prohibited except for one (1) day per calendar week which shall for each user be that property's sanitation pickup day as designated by the City. Watering on such day is permitted only before 10:00 a.m. and after 9:00 p.m. If such customer has multiple sanitation pickup days in a week, then outdoor watering shall be permitted on only the first sanitation pickup day of the week for such customer.

3. Refilling of private swimming pools is allowed one (1) day per week after sunset on that property’s sanitation pickup day.

4. Washing of motor vehicles, boats and trailers on residential property is restricted to Saturdays only.

5. Washing of motor vehicles, boats and trailers on commercial or industrial property is prohibited except for commercial or industrial vehicles used in the operation of such business and washed as an ordinary and common practice in the operation of business, and except for the washing of vehicles at commercial truck and/or car washes.

6. Washing of the exterior of any building or structure on any grounds is prohibited.

7. Industrial and commercial users shall not water their lawns or non-commercial trees, shrubs and plants. Trees, shrubs and plants held for sale by commercial and retail sellers can be watered at all times.

8. Industrial customers are required to reduce their water consumption to an amount equivalent to 85% of the average use for the prior five (5) years for the month in question [i.e., sum total of consumption of the user for the month under review for prior five (5) years divided by five (5) multiplied by 85%].

We appreciate our community’s cooperation as we work together to conserve our most vital resource. For questions regarding our current conservation status, please contact City Hall at (785)483-6311. A copy of the approved resolution and current Water Conservation Plan is located www.russellcity.org