Kansas Natural Resources Sub-Cabinet/Kansas Water Authority

156th Committee Meeting
October 17-19, 2006
Eureka Springs, Arkansas 

The following report provides a current overview of selected water resource projects and program activities in Kansas.   These projects and activities involve multiple agencies and are coordinated under the auspices of the Kansas Natural Resources Sub-Cabinet and/or the Kansas Water Authority. 

KANSAS WATER PLAN PROJECTS INITIATIVE

The Kansas Water Plan Projects Initiative (WPPI) represents a 3 year effort to restore funding in the State Water Plan Fund for priority water resource projects.  FY 2008 will be the third year of this effort.  To date, approximately $4 million has been restored and an additional $3.5 million is being proposed for FY 2008 by shifting funding sources for select environmental and conservation programs from the State Water Plan Fund to the State General Fund.  The State Water Plan Fund generates $16-18 million annually for state water resource programs and projects.  In addition, another $3 million will be added to the State Water Plan Fund from the Clean Drinking Water Fee Fund in FY 2008.

DROUGHT

Drought continues to be a concern statewide, with the northwest and southeast parts of the state generally experiencing the most severe conditions.    USGS reported that current average annual flow (water years 2000-2006) on the Republican River, Smoky Hill River, Solomon River and upper Kansas River as well as many tributary sites is lower than streamflow during all previous droughts.  In August 2006, the Governor declared all counties in the state to be in a drought warning.  Information was sent to all public water suppliers highlighting local powers and authorities for drought response.  Examples of state and local actions that may be taken include issuance of state urgent surplus water marketing contracts and temporary water use permits; local water use restrictions and burning bans; and distribution of drought management information to agricultural producers.

WATERSHED RESTORATION AND PROTECTION STRATEGIES

Approximately $2.0 million in funding is available in FY 2007 to support the development and implementation of Watershed Restoration and Protection Strategies (WRAPS) in priority watersheds throughout the state.  Watersheds above federal reservoirs with public water supply functions are of high state interest.  Active WRAPS efforts covered over half of the state’s land area as of January 2006.  Interstate coordination efforts in the Arkansas River basin include the Grand Lake and Oologah Lake watersheds in Oklahoma.  WRAPS is a key strategy to help achieve sediment reduction goals for priority reservoir watersheds, Total Maximum Daily Loads and interstate nutrient reduction goals.

Dam Safety and Rehabilitation

In November of 2005, the Kansas Water Authority approved a policy section of the Kansas Water Plan that contained 21 policy recommendation addressing Small Dam Safety and Rehabilitation issues.  The State Conservation Commission (SCC) subsequently adopted state regulations for a small dam rehabilitation program in March of 2006 for special purpose districts (e.g. watershed districts, drainage districts).  $750,000 was appropriated by the legislature in FY 2006 for dam rehabilitation, which also includes breach inundation mapping and decommissioning of dams.   Efforts are underway to pursue the filing of breach inundation maps with county register of deeds and providing notification to affected landowners.  Requirements for state funding for breach inundation mapping and dam rehabilitation include land use control of the breach inundation area.  Additional funding is being considered to provide funding for rehabilitation of private dams.  According to the Kansas Dept. of Agriculture, approximately 1,500 of the roughly 6,000 dams in the state that are regulated by the Chief Engineer would be eligible for funding under the SCC program.   More than 5,500 dams are classified as low hazard. 

Stream Mitigation Procedures for 404 Permitting Program

A Stream Mitigation Task Force is developing standard operating procedures (SOP) to be used by the state and the Corps of Engineers (COE) in evaluating projects that require a COE Section 404 permit.  The COE will soon adopt new regulations that will require compensatory mitigation for impacts to all aquatic resources, including stream channels. The formation of the Task Force provides the opportunity for the state to have input into what will be required by the COE for future mitigation projects.  The SOP will present methods to evaluate both impacts and mitigation credits through the assignment of numeric values and formulas.  Currently, stream impact and mitigation procedures are not contained in any SOP for Kansas.  As a result, impacts and mitigation practices are not applied uniformly and there is no procedure in place to monitor the effectiveness of mitigation practices. 

The task force is composed of representatives from the KS Water Office, State Conservation Commission, KS Dept of Agriculture-Division of Water Resources, KS Dept of Transportation, US Fish & Wildlife Service, KS Dept of Health & Environment, KS Biological Survey, KS Dept of Wildlife & Parks, US Army Corps of Engineers, US Environmental Protection Agency, and State Association of Kansas Watersheds.

RESERVOIR SEDIMENTATION

Reservoir sedimentation has become a high priority in recent years as the effects of this natural process have become increasingly apparent at many of the state’s aging reservoirs.  An interagency State Sediment Management Strategy was developed to help guide research efforts addressing priority sediment management issues.  Currently, teams of researchers and program managers are developing white papers on several topics in an effort to coordinate the identification of priority research needs and secure necessary funding for research projects.  This effort is being organized through the Kansas Water Resources Institute.  Research has been initiated on sediment source identification.  Research is also underway to develop a predication tool for blue-green algae blooms at public water supply reservoirs.   A pilot state bathymetric survey program has also been developed to conduct periodic surveys at federal reservoirs containing state water supply storage.  The KS Water Office recently initiated a three year feasibility study with the Corps of Engineers to examine sedimentation issues and management alternatives for John Redmond Reservoir in the upper Neosho River basin.

KANSAS HIGH PLAINS AQUIFER

CREP - Kansas is proposing to establish a Conservation Reserve Enhancement Program (CREP) along the Arkansas River valley to address severe water shortages, mitigate water quality problems, and enhance wildlife habitat.  Streamflows have significantly declined over the past several decades, in part as a result of the declining alluvial and interconnected High Plains aquifer levels and reduced baseflow.  The Arkansas River is also one of the most saline rivers as it enters Kansas, as salts have concentrated from irrigation use and re-use.  Tamarisk and other phreatophytes have infested the corridor, crowding out the native riparian plant community.  The Upper Arkansas River CREP would enroll up to 100,000 acres, 85,000 of them irrigated, into a 14-15 year CREP contract.  Acres enrolled would be put into grass or other conservation cover.  Landowners would receive a signup payment from the State, cost share on seeding, and annual payments at an irrigated rental rate.  The water right would be permanently dismissed, although limited irrigation would be allowed to establish the vegetative cover.  The program is voluntary.  Land can be leased for hunting during the contract, and afterwards can return to dryland cropping.  Kansas is in the process of negotiating a program with USDA Farm Services Agency.  A CREP is a federal-state-local partnership.

Tamarisk Control - Riparian lands in Kansas, particularly in southwestern Kansas, have been seriously impacted by the infestation of the non-native tamarisk (salt cedar) and the Russian olive.  Tamarisk is a tenacious shrub/small tree that has a deep root system (up to 100 feet), leaves a salt residue on the soil surface, crowds out native vegetation and consumes significant quantities of water.   In a Texas / New Mexico study, a large tamarisk was estimated to use as much as 200 gallons per day.  Preliminary results in Kansas indicate that tamarisk consumes about 50% more water than native grasses.  In December, 2005, Governor Sebelius signed the “10 year strategic plan for the comprehensive control of tamarisk and other non-native phreatophytes”.  Current control projects involve biological with a beetle release at two reservoirs in northwest Kansas, chemical with spraying of tamarisk in tributaries to the Arkansas River, and physical with cutting and burning in pilot projects near the Cimarron River.  Tamarisk spreads by seed and would ideally be controlled through an interstate watershed control project.  A copy of the 10-year plan is available at www.kwo.org (click on Reports & Publications).

OZARK AQUIFER MANAGEMENT

A 2004 state moratorium on additional groundwater rights in far southeast Kansas remains in affect until a regional study is completed by the USGS.  The 3.5 year study will result in the development of a regional groundwater model that can be used to assess the long-term availability of water from the Ozark aquifer and the impact of various pumping scenarios.  The study is expected to be completed in 2008.  Water quality conditions and potential future impacts will also be assessed.  In addition to the USGS study, Kansas has reestablished a water level monitoring network in the Ozark aquifer region of the state.

DISPUTE RESOLUTION

The use of dispute resolution techniques provides another approach to resolving water and natural resource issues, often ones that seem intractable to local communities and administrative agencies.   The Kansas Water Office is in the second year of a three year pilot project to provide dispute resolution services to parties wishing to deal with water and natural resource issues. Approximately $40,000 is being provided annually through the State Water Plan Fund for the pilot project.  This approach has been used for a number of disputes including groundwater pollution in an unincorporated city, working out areas to be served by various watershed groups, and dealing with zebra mussels at a federal reservoir.  Facilitation techniques were also used to promote constructive discussions among conservation districts on how best to deal with proposed closing and or consolidation of National Rural Conservation Services offices. Currently there are three additional mediation / facilitation projects that have started and are expected to be completed within the next two months. 

ECONOMIC DEVELOPMENT OPPORTUNITIES AT FEDERAL RESERVOIRS

Development is already occurring on private land adjacent to public land at federal reservoirs.  Public access to land immediately adjacent to the shoreline at Federal reservoirs is typically in parks and wildlife areas managed by the Corps of Engineers and the Kansas Department of Wildlife and Parks.  Kansas has the opportunity to meet growing demands for more recreational and residential uses at our Federal reservoirs. To this end, the Kansas Water Authority authorized a study of the economic development opportunities at and adjacent to Federal reservoirs.  One such opportunity is the creation of public-private partnerships that will increase public access and use of the reservoir lands.  Another opportunity is the development of private land adjacent to the reservoirs.  Future development is expected to put additional pressure on states and local communities to make sure that public access to federal property at these reservoirs is not compromised and that develop activities not degrade the environmental quality of the reservoirs.

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