By BECKY KISER
Hays Post
The cities of Hays and Russell have received a favorable ruling on their application to the state for transferring water from their R9 Ranch in Edwards County to Ellis County.
Judge Matthew Spurgin, an administrative law judge from the Kansas Office of Administrative Hearings, issued the initial order Monday.
"Bottom line, we prevailed, and the transfer application is approved for Hays and Russell, furthering the cities' effort to develop a long-term sustainable water source," Toby Dougherty, Hays city manager, said Wednesday of the 81-page decision.
Spurgin's initial order must now be reviewed by the Water Transfer Hearing panel.
Panel members are the chief engineers of the Kansas Department of Agriculture, Division of Water Resources, the director of the Kansas Water Office, and the director of the Department of Health and Environment, Division of Environment.
The panel’s final order is expected by May 6.
Dougherty estimates the city of Hays has spent $10 million during the past 10 years in engineers' and attorneys' fees to get to this point, fighting lawsuits and ruling appeals filed by the Water Protection Association of Central Kansas, known as WaterPACK.
The entire cost of the project is estimated at $140 million.
Dougherty said, "it is still our intent to deliver this project without raising rates [for Hays water customers.]
"We think we have enough money in the bank, enough money available in federal loan sources, and hopefully, some federal grants we've applied for, that we can bring this project home utilizing the half-cent [water] sales tax proceeds that we already have in place."
“This is a huge win for Hays, Russell, and the region," said Shaun Musil, Hays mayor. "It would not be possible without the buy-in of the community and our commitment to conservation for many years."
The Hays water conservation programs will continue, Musil said. "We're not going to change a thing we do."
"The key thing to this is we want to be good neighbors to Kinsley. They have kids that go to Fort Hays State University, they shop in our town," he said.
Musil also noted the work done by previous commissioners and city managers in the search for a long-term water supply.
In a news release, Russell Mayor Jim Cross said, “Monday’s ruling is tangible proof of the foresight of both communities to ensure we have a reliable and long-term water supply vital to our economies. The communities of Russell and Hays understand the importance of water conservation, which extends to the R9 as the communities will use less water from the R9 than when it was farmed.”
The Kansas Water Transfer Act, K.S.A. 82a-1501, et seq., requires the panel's approval of projects that propose to transport 2,000 acre-feet of water or more per year for beneficial use more than 35 miles from the source.
If approved by the panel, Spurgin's order paves the way to transfer up to 6,756.8 acre-feet of water per year from the R9 Ranch to Hays and Russell, a distance of almost 70 miles.
Purchased by the cities in 1995, the R9 Ranch covers about 6,800 acres in Edwards County south of Kinsley and includes almost 8,000 acre-feet of water rights.
Following investigations of numerous other possible sources, the R9 represents the most economically viable and drought-resistant long-term water supply for Hays and Russell, Dougherty said.
Irrigation infrastructure at the R9 was removed and the property has been converted to native grass. Last fall it opened to the public via the Kansas Department of Wildlife & Parks Walk-in Hunting Access program.
Design is underway for the wellfield/pipeline project and is anticipated to conclude in July 2025. The project is expected to take two years to construct.
The order can be read at
https://www.haysusa.com/DocumentCenter/View/6300/R9-Transfer-Order