By BECKY KISER
Hays Post
It's been eight years since the cities of Hays and Russell began navigating the regulatory process to develop a long-term municipal water supply on the jointly owned R9 Ranch in Edwards County.
Hays purchased the ranch in 1995. Russell has an 18 percent interest in it.
The cities' regulatory process of working through the Kansas Water Transfer Act kicked off in 2014. The two towns filed a change-of-use application in 2015 from agricultural irrigation to municipal use.
This is the first time the Water Transfer Act — in its current form — will be triggered in Kansas, a statutory requirement if more than 2,000 acre-feet of water is moved more than 35 miles.
"There are questions and matters that are big enough and broad enough the state needs to get involved with the statewide benefit or statewide detriment and the water transfer process is probably one of them," said Toby Dougherty, Hays city manager. "It's such a lengthy and cumbersome process that's costs millions of dollars, ultimately to the ratepayers in Hays and Russell."
Hays and Russell must prove that moving the water 65 miles north from Edwards County to Ellis County, and then on to Russell County, will benefit all of Kansas.
Hays and Russell are emphasizing the region's $3 billion growing economy.
"This is the future of our community," said Sandy Jacobs, Hays vice-mayor and a lifelong resident of the town.
"This is the biggest thing that needs to happen for the very survival of the economic sustainability of this area," she said.
Despite opposition from WaterPACK, the Water Protection Association of Central Kansas, a non-profit organization of irrigators in south-central Kansas, the cities' request has been approved by the chief engineer of the Kansas Department of Agriculture Division of Water Resources and by the Edwards County district judge on an appeal by WaterPACK.
The delays have been costly, said Jacobs.
"On top of all the legal fees and everything we're paying is the increase in the cost of the project. When we started talking about this project, it was at $72 million. And now we're at $140 million and going up quickly."
"The water is not being put to use right now," Dougherty said. "The water will be put to use to keep a $2 billion regional economy growing. We think it's a very simple economic calculation to the state."
The Water Transfer Act process culminates with a 10-day hearing in Wichita starting July 19.
Prior to that, statutes require a public comment hearing in the basin of destination, which is Hays.
Kansas Administrative Law Judge Matthew Spurgin will preside over the public comment hearing to be 6 to 8 p.m. June 20 in the Black and Gold Room at Fort Hays State University's Memorial Union.
Hays and Russell, represented by Dougherty and Russell City Manager Jon Quinday, will first have an opportunity to explain why they are undertaking the project.
Intervenors, including Groundwater Management District No. 5, Edwards County, and WaterPACK, then have the opportunity to present their viewpoints.
Agencies including the Kansas Department of Agriculture may also comment on the project.
Then the judge will open the floor to public comments. Dougherty is hoping for a lot of supporters to attend the hearing.
"This is an opportunity for people to go on record and express their thoughts on the project."
According to Dougherty, public comments are not meant to be a debate or discussion.
"It's a way for people to get their viewpoint on the record."
Written comments may be submitted by mail and must be received by June 26 at:
Water Transfer Hearing Panel
c/o Chief Engineer - Division of Water Resources
Kansas Dept. of Agriculture
1320 Research Park Drive
Manhattan, KS 66502
Written comments must be identified as "Public Comment for the Hays/Russell Water Transfer Application, OAH No. 23AG0023 AG."
The public comment hearing will be available online via ZOOM at www.zoomgov.com and using meeting ID: 161 450 7874 and passcode: 193237.
The governing bodies of Hays and Russell will meet the night before the public hearing in a joint session at 6 p.m. Monday in Hays City Hall to discuss the R9 transfer proceedings.