By BECKY KISER
Hays Post
"This is a big deal," said Sandy Jacobs, Hays city commissioner.
"We've waited a long time for this. ...Twenty-some years that we've actually been directly focused on this."
Jacobs has lived all her life in Hays and says some of the younger residents may not understand the importance of the recent judicial ruling about the R9 Ranch in Edwards County, the source of a long-term water supply for Hays and the city of Russell.
"This means an economically sustainable future, not just for Hays but for all of western Kansas."
On June 30, Bruce Gatterman, chief district judge of the Edwards County District Court, officially denied WaterPACK’s petition for judicial review of the state’s order allowing the conversion of water irrigation rights of the R9 to municipal use for Hays and Russell, which own the ranch.
The two towns had filed an application in 2015 for that change and use of the water.
Judge Gatterman’s decision affirmed the Kansas Department of Agriculture’s chief engineer’s 2019 approval of the cities’ change applications.
The approval was challenged shortly thereafter by the non-profit group WaterPACK (Water Protection Association of Central Kansas).
"The ruling itself was not challenged," noted Collin Bielser, asst. Hays city manager, "but the procedure to file those applications and get it approved, that the process was not followed right by the state of Kansas.
"The group filed an administrative hearing against the state. The cities of Hays and Russell were interveners in that because we obviously have an interest in that."
A hearing was held in January 2021.
Eighteen months later, "we got notice the judge ruled the state did follow its procedures (correctly)," Bielser said.
"To have that come to an end is wonderful," Jacobs said. "The past 17, 18, 20 months have been very frustrating for us."
Unless Water PACK appeals the judge’s ruling by July 30, the cities will begin to navigate the state's Water Transfer Act, a statutory requirement if more than 2,000 acre-feet of water is moved more than 35 miles.
This is the first time the Transfer Act will be triggered in Kansas.
Hays purchased the 7,000-acre R9 Ranch and its 30 water rights in southwestern Edwards County in 1995, and a year later Russell purchased an 18% interest in the property, with the intention of someday using the water as part of both cities' long-term water supply.
All along, Hays and Russell have positioned the water project as an economic boost for the entire state.
"By statute, the benefit to the state of Kansas by allowing the transfer has to be greater than the benefit to the state by not allowing the transfer," explained Toby Dougherty, Hays city manager.
Hays and Russell and the surrounding area represent approximately a $3 billion annual economy, and it's growing.
According to studies by the Docking Institute at Fort Hays State University, the local economy shows no sign of shrinking.
Docking also reported "the one thing that could artificially slow that growth is the lack of available water."
The cities have voluntarily agreed to use the water resource sustainably. By converting the R9 to municipal use, less water will be used than it was when fully irrigated for farming.
The property is currently being converted back to its natural state with native grasses and vegetation to restore habitat and will one day provide hunting and other recreational opportunities for all Kansans.
The state's water transfer process is a long one, dictated by statute.
Hays is working with the project engineer, Burns & McDonnell, Kansas City, to get the design contract prepared.
"We would like to request the city commission to approve the design contract so we can start design of the project simultaneously to the water transfer process," Dougherty said. "We want to get a head start on this."
The draft 2023 city budget includes $9 million dollars in capital improvements for design of the R9 project. A land acquisition specialist will also be hired.
Mayor Mason Ruder of Hays and Mayor Jim Cross of Russell issued a joint statement about the judge's recent ruling:
“This is a great day for Hays, Russell, and the region. As a result of today’s ruling, we are one step closer to realizing the vision that community leaders initiated nearly 30 years ago. Our regional economy, worth $2.8 billion, is dependent on having access to a reliable water source, and the R9 Ranch will provide this vital resource for future generations to come.”
"We should all be excited, and congratulations to our staff and our legal team," Jacobs added. "It's been a long road but I think we're starting to see the end."
The history of the R9 Ranch water right change applications is available on the Kansas Department of Agriculture's Division of Water Resources webpage.