Jun 20, 2023

🎥 Hays, Russell governing bodies meet prior to water transfer public comments hearing

Posted Jun 20, 2023 1:44 PM
Members of the governing bodies of Hays and Russell met in a joint session Monday in Hays City Hall to discuss their joint R-9 Ranch long-term water supply project. Photos and video by Becky Kiser/Hays Post 
Members of the governing bodies of Hays and Russell met in a joint session Monday in Hays City Hall to discuss their joint R-9 Ranch long-term water supply project. Photos and video by Becky Kiser/Hays Post 

By BECKY KISER
Hays Post

The public comment hearing for the R-9 Ranch water transfer will be 6 to 8 p.m. today in the Fort Hays State University Memorial Union Black and Gold Room.

The governing bodies of Hays and Russell, which jointly own the ranch in Edwards County and plan to use it for a long-term water supply, met in a joint session Monday night in Hays City Hall to hear a condensed review of where the years-long project currently stands.

Updates were presented by Toby Dougherty, Hays city manager, David Traster and Daniel Buller, project attorneys for the city of Hays from Wichita, and project manager Jeff Heidrick of Burns/McDonnell engineers, Wichita.

Dougherty outlined the water transfer act schedule, which moves to a hearing in Wichita scheduled for July 19-Aug. 2. 

Kansas Supreme Court arguments will be Sept. 13. 

Hays and Russell must prove moving the water 65 miles north from Edwards County to Ellis County will benefit the entire state of Kansas. This will be the first time the state's Water Transfer Act — in its current form — will be triggered. 

Daniel Buller, attorney for the city of Hays, Folston Siefkin, Overland Park.  Photo by Becky Kiser/Hays Post 
Daniel Buller, attorney for the city of Hays, Folston Siefkin, Overland Park.  Photo by Becky Kiser/Hays Post 

If the two cities can do that to the satisfaction of the state supreme court, "the case is over," Buller said. If not, "another appeals process will begin depending on the order issued by the supreme court." 

David Traster, attorney for the city of Hays, Wichita. Photo by Becky Kiser/Hays Post
David Traster, attorney for the city of Hays, Wichita. Photo by Becky Kiser/Hays Post

"There are a ton of issues," Traster said. "The public interest affects a number of issues."

Dougherty said the pipeline design process has been narrowed to three firms from eight or nine. 

The design process itself will take two years, Heidrick said. "We met with a surveyor today who could be there in July. We're looking at a corridor for alignment of 65 miles to just south of Hays."  

R9 potential pipeline routes. City of Hays
R9 potential pipeline routes. City of Hays

 It's been six years since the R9 land was actually farmed. Circle irrigation pivots were gradually taken out of production, and the ranch has been returned to its natural environment. 

"Since we shut down farming, nitrate levels are [decreasing], when you're not putting fertilizer down," Dougherty said. "We do quarterly sampling with a dozen or more more observation wells to check for water quality and to see how the aquifer is performing." 

Commissioners and council members thanked the engineering and legal teams for their work, as well as Dougherty.

"All the stuff you guys have been doing the last few years has been absolutely phenomenal," said Mason Ruder, Hays city commissioner.

"This is for this region," said Hays Mayor Shaun Musil. "We want everybody to grow."

Musil said he and Dougherty have recently visited with city officials in Victoria and Ellis as well as the Ellis County Commission to update them on the project status. The smaller communities have expressed interest in utilizing the new water source once it is available. 

 Hays started researching a sustainable water source in the 1970s, Musil said.

"The general public has no idea how badly these two communities need this water to get to us," said Lonnie Whitten Jr., Russell city council member. 

"It's a great project. It's a regional project," Jim Cross, Russell mayor, said. "We can get this done along with the communities within each of our counties, our counties and communities along the way."

Cross emphasized that the project is "not so everybody can have a green lawn ... This is for the people. This is for industry. And it's going to keep us viable in the state of Kansas for a long time." 

"The city of Hays has had water conservation programs since the '90s It's just a way of life in this area and we will continue to do that no matter how much water we have," Musil. said. 

"We do not have a sustainable source of water," Sandy Jacobs, Hays vice-mayor, said. "Anybody who objects to this process needs to step back and think about that. We're saving our area, and we're saving the region."

"We're on the cusp of history," Ruder said. 

The governing bodies, their city staff members and the legal team then adjourned to a 45-minute executive session to discuss litigation regarding the R9 Ranch.

No action was taken following the executive session. 

Hays city commissioner Reese Barrick was absent from the meeting.