By BECKY KISER, CRISTINA JANNEY
Hays Post
A bill that solidifies state control of water appropriations and transfers has been passed by the Kansas House and Senate and made its way to Governor Laura Kelly's desk on Tuesday. It is awaiting her signature into law.
House Bill 2433 was sponsored and championed by Rep. Barb Wasinger, R-Hays, and included testimony for support from Mason Ruder, Hays mayor, and Toby Dougherty, Hays city manager.
"Most people in the 'water world' think it is very clearly written in state statute that the state of Kansas controls water appropriations—meaning how water rights are put to use—and water transfers, which is the process Hays and Russell are going through," Dougherty said in a recent Hays Post Podcast interview.
Wasinger said, "Everybody in Kansas' 105 counties listened to the Kansas Water Office and the chief engineer and knew that they were the authorities, but it was never put in statute."
"So what Edwards County did (in April 2024) is take all the zoning regulations from the Kansas Water Office and the chief engineer and put it into their county zoning, which meant that they were their own water authority in the county instead of the state being in charge of water," she said.
Edwards County did that, Wasinger said, to keep Hays and Russell from ever getting the water rights they purchased along with the R9 Ranch in 1995, and to have to duplicate what the Kansas Water Office already did.
Dougherty said, "Obviously, this is illegal, but for some reason, they thought they had the statutory authority to do it."
Hays has completed the design phase for a 90-mile pipeline from the ranch to Hays that would carry a 75-year water supply for Hays and Russell.
About 10 years ago, Hays and Russell filed an application to change their 32 water rights from irrigation to municipal use. The request was approved by Kansas Department of Agriculture chief engineer Earl Lewis.
Edwards County has fought the water transfer in court for 11 years.
In February 2024, an administrative law judge approved Hays and Russell's water transfer application.
Under House Bill 2433, Kansas counties would not be allowed to require permits to transfer water through their rights-of-way or to impose any restrictions or fees on the transfer of water. If signed, the law would apply retroactively, affecting existing and future county resolutions.
"This would make it very clear in statutes," Dougherty said, "that counties do not have the authority to usurp or duplicate water law in their zoning regulations. We think this could help out all water right users in the state of Kansas. ... It's solidifying state control, not taking away local control, which counties never had that authority."
Wasinger said, "It would be total chaos for 105 counties to have water authorities."
She said counties would still remain in charge of domestic wells.
Wasinger had discussions with Hays and Russell's legal counsel before the start of the legislative session, and all involved agreed the issue needed to be resolved by a state statute.
Dougherty said, "They just don't like this project."
That's how Dougherty summed up the Dec. 15, 2025 legal arguments before the Kansas Supreme Court about whether Hays and Russell can transfer their water rights in Edwards County.
The Supreme Court was expected to issue its ruling within a few months.