Northwest Kansas Groundwater Management District No. 4                                                                                                Site hosted by: Casey Designs
 


 

 

(Internal Page Links):   Operations   ::   Application   ::   Contributions


Mission and Overview:                                        (E-mail us with any questions!)

A 501(c)(3) Foundation dedicated to reducing groundwater decline rates in designated areas of NW Kansas through willing partnerships by using public and private funds.

Organizational Overview:

The Foundation is a private corporation in the state of Kansas organized in cooperation with the public Northwest Kansas Groundwater Management District No. 4 (GMD 4).  The Foundation board of directors intends to use public and private funding contributions to achieve all stated missions.  The Foundation was formally incorporated in August, 2003 and obtained its IRS status in July, 2004

Operations Overview:

The Foundation will pay incentives for existing water right owners to set aside - temporarily or permanently - consumptive groundwater use within priority areas of the local groundwater district.  Funding will come from a variety of public and private sources and will be approved pending an application and evaluation process based on owner bids.  Permanent water right reductions will be given priority.

The Foundation was incorporated as a private, not-for-profit corporation in the state of Kansas on August 19, 2003.

The current directors are:

  • Scott Maurath, President, Oakley, KS
  • Mitch Baalman, Vice President, Menlo, KS
  • Brent Rogers, Hoxie, KS
  • Dave Rietcheck, Treasurer, Goodland, KS
  • Roger Zweygardt, St. Francis, KS
  • Monty Biggs, Atwood, KS
  • Jeff Deeds, Secretary, Goodland, KS
  • Justin Sloan, Colby, KS
  • Jon Friesen, Colby, KS
  • Shane Mann, Quinter, KS
  • Doug David, Hill City, KS

    The administrative director is Wayne Bossert, Colby.

  • The Foundation received its IRS not-for-profit status on July 28, 2004, and receives grants, donations, and other funding from public and private sources in order to reduce consumptive groundwater usage from within the boundaries of the Northwest Kansas Groundwater Management District No. 4.

    This reduced consumptive use is achieved by incenting water right owners to reduce irrigated acres or otherwise reduce crop evapotranspiration.  The incentives are provided for both permanent and temporary reductions, although permanent reductions are first priority.

    The Foundation works closely with the Northwest Kansas Groundwater Management District which provides administrative support at no cost to the Foundation.  This simply means that more dollars go toward the mission of reduced groundwater use.  Another benefit of this alliance is the GMD's ability to evaluate water rights that are offered for set aside or retirement - again, at no cost to the Foundation.  This arrangement ensures the best use of Foundation dollars.

    Whenever possible, the Foundation will leverage its funding with other incentive or cost-share programs available which meet the same goals.  This is another way that donated funds are stretched farther.

    This Foundation works completely in concert with the water agencies of Kansas and is attempting to meet the goals of the Kansas Water Plan with respect to the Ogallala Aquifer.

    Finally, If there is anything else you would like to know about this foundation, please contact the headquarters:

    Wayne Bossert
    PO Box 905
    Colby, KS 67701-0905
    (785) 462-3915
    E-Mail The Foundation

    Operations - Simply a 3-Step Process

    Step 1: Determine Eligibility

    a. MUST own a valid Kansas Water right that is currently in good standing; and

    b. MUST be located in any of the GMD 4 high priority areas shown on the following map in red. The specific legals for the 6 High Priority Areas are listed just below the map.

    Area 1 encompasses:

    Township 8S-41W: Sections: 19, 20, 21, 28, 29, 30, 31, 32 and 33
    Township 8S-42W: Sections: 22, 23, 24, 25, 26, 27, 34, 35 and 36
    Township 9S-40W: Sections: 4, 5, 6, 7, 8, 9, 16, 17 and 18
    Township 9S-41W: All Sections
    Township 9S-42W: Sections: 1, 2, 3, 10, 11, 12, 13, 14, 15, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36
    Township 10S-42W: Sections: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18

    Area 2 encompasses:

    Township 8S-39W: Sections: 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36
    Township 8S-40W: Sections: 1, 2, 3, 10, 11, 12, 13, 14 and 15
    Township 9S-39W: Sections: 1, 2, 3, 10, 11, 12, 13, 14 and 15

    Area 3 encompasses:

    Township 5S-40W: All Sections

    Area 4 encompasses:

    Township 6S-35W: Sections: 22, 23, 24, 25, 26, 27, 34, 35 and 36

    Area 5 encompasses:

    Township 7S-33W: Sections: 22, 23, 24, 25, 26, 27, 34, 35 and 36
    Township 8S-32W: Sections: 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33
    Township 8S-33W: Sections: 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36
    Township 8S 34W: Sections: All Sections
    Township 9S-32W: Sections: All Sections
    Township 9S-33W: Sections: All Sections
    Township 9S-34W: Sections: All Sections
    Township 10S-31W: Sections: 4, 5, 6, 7, 8, 9, 16, 17 and 18
    Township 10S-32W: Sections: 1, 2, 3, 10, 11, 12, 13, 14 and 15
    Township 10S-33W: Sections: All Sections

    Area 6 encompasses:

    Township 7S-28W: Sections: 19, 20, 21, 28, 29, 30, 31, 32 and 33
    Township 7S-29W: Sections: 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36
    Township 7S-30W: Sections: 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36
    Township 8S-29W: Sections: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18
    Township 8S-30W: Sections: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18
    Township 8S-31W: Sections: 22, 23, 24, 25, 26, 27, 34, 35 and 36


    Step 2: Make Application

    NOTE: Application submission period is October 1 through December 1 each year.

    Complete the provided 5-step Foundation Application - provided below. This application is multi-purpose and is required to begin the process. You will need to choose one or more participation options and submit a bid price for each option applied for. Depending on the participation option(s) chosen, additional forms or contracts may be required by other agencies. Please read and consider the Option descriptions below carefully before completing the application.

    a. Retire Full Water Right Permanently

    In lieu of voluntarily forfeiting and abandoning a water right, the agreed upon payment will be made for a period of 10 years. The abandoned water right will be reverted back to the public domain and will not be subject to re-approriation under current regulations. Moreover, the authorized irrigated acres under the forfeited water right will not be irrigated by any other water right - they will be converted to non-irrigated acres permanently. The well(s) will be required to be appropriately maintained or disposed of per existing state regulations.

    b. Retire a Partial Water Right Permanently

    In lieu of voluntarily forfeiting and abandoning a determined portion of a valid water right, the agreed upon payment will be made for a period of 10 years. This option can be achieved through any method which permanently reduces the annual water use of the water right - including but not limited to a reduction of irrigated acres or a change in cropping to a lower ET crop. The abandoned portion of the water right will be reverted back to the public domain and will not be subject to re-appropriation under current regulations.

    c. Set Aside a Water Right Completely for 5 to 10 Years.

    If, based upon Foundation incentives, the water right will be enrolled in the Kansas Water Rights Conservation Program (WRCP), the agreed upon payment will be made for each of the WRCP contract years. NOTE: This option requires a contract with the Division of Water Resources, Kansas Department of Agriculture. These forms are available from DWR, 109 SW 9th St, 2nd Floor, Topeka, KS 66612-1283, Phone: 785-296-3717; or from the GMD 4 office at 1175 S. Range, Colby, KS 67701, Phone: 785-462-3915. Be aware that USDA 2002 Farm Program incentive payments (EQIP program) are also available for this option, and that a Foundation incentive can be approved in addition to any EQIP incentive received. Contact your county Conservation District for more information regarding EQIP incentives for this option.

    d. Multi-Year Flex Account

    In lieu of converting a current water right to a 5-year flex account water right per KSA 82a-736 and authorized regulations, the agreed upon payment will be made. The multi-year flex account conversion must be at least a 10% reduction of the average reported water used between 1992 and 2002, times 5. This option requires an application to DWR to convert the subject water right to a 5-year term permit. The water right owner will then be free to use the entire water right quantity as desired - so long as the 5-year total is not exceeded in the 5 year term permit period. There are specified penalties for water right violations.

    NOTES:

    1. The above descriptions have been simplified to express the main idea of each. It is recommended that you discuss any options you are interested in with Foundation staff. For example, both the WRCP and the Multi-year flex account options require an additional contract with the Kansas division of water resources which include additional requirements.


    Step 3: If Approved

    The Foundation review and evaluation process can take up to 60 days. If approved, the applicant will be notified and arrangements made to begin the contract process after which the appropriate payments will be made. All contracts will be binding upon any heirs and successors and contain penalties for breach.



    FIVE-STEP APPLICATION FOR FOUNDATION INCENTIVES TO REDUCE CONSUMPTIVE GROUNDWATER USE

    (This is NOT an interactive form. Please print it out and submit it to the Foundation office, or visit the office to obtain an application)

    STEP 1.  Provide Your Personal Information
    Name: ____________________________________________________________________________

    Address: ___________________________________________________________________________

    City, State, Zip ______________________________________________________________________

    Phone: ________________________________


    STEP 2.  Choose 1 or more of the following "Participation Options" (checkmark the red box) and complete requested Information for each chosen option.    (see Step 2 of "Operations" material (just above) for a more detailed description of the application options)

     Retire Full Water Right Permanently:

    By contract with the Foundation, I am interested in permanently forfeiting and abandoning the designated water right in lieu of 10 equal annual payments that equal the bid price offered below. I understand the water right will be reverted back to the public domain and will not be available for any future use once forfeited.  I further agree to properly maintain or dispose of the subject well or wells, which can include converting the well to domestic use.
    Water Right #: ______________________________________

    Legal Description of well(s): _____________________________________________________

    Certified Acrefeet ____________________     Authorized Acres __________________

    Bid Price: __________________________________ (Total Dollars required to retire water right)

    Land use & Well disposition plans: ___________________________________________________________

    ______________________________________________________________________________________

    ______________________________________________________________________________________

    ______________________________________________________________________________________

     Retire a Partial Water Right Permanently:

    By contract with the Foundation, I am interested in permanently forfeiting and abandoning a portion of the designated water right and reducing said water right accordingly in lieu of 10 equal annual payments that equal the bid price offered below.  I understand the water rights (acrefeet) I reduce will be reverted back to the public domain and will not be available for any future use once forfeited.
    Water Right #: ______________________________________

    Legal Description of well(s): _____________________________________________________

    Bid Price: __________________________________ (Total Dollars required to retire partial water right)

    Certified Acrefeet ________________

    Acrefeet Applying to Permanently Retire _______________

    Land use plans: _________________________________________________________________________

    ______________________________________________________________________________________

    ______________________________________________________________________________________

    ______________________________________________________________________________________

     Set Aside a Full Water Right from 5 - 10 Years:

    As a result of this incentive and by contract with the Foundation, I am interested in enrolling my full water right into the Kansas Water Rights Conservation Program (WRCP) for a designated period of time not less than 5 years and not more than 10 years in lieu of a series of equal annual payments that equal the bid price offered below and match the WRCP term of enrollment.  I understand this option also requires a separate contract with the division of water resources, Kansas Department of Agriculture, and will result in setting the entire water right aside for the designated contract period.
    Water Right #: ______________________________________

    Legal Description of well(s): _____________________________________________________

    Bid Price: __________________________________ (Total Dollars required to enroll water right in WRCP)

    Authorized Acres Under Water Right _________________________________________________________

    Have you or will you receive any EQIP payments for enrolling in WRCP? _____________________________

    Land & Well maintenance plans: _____________________________________________________________

    ______________________________________________________________________________________

    ______________________________________________________________________________________

    ______________________________________________________________________________________

     Multi-Year Flex Account Enrollment:

    As a result of Foundation incentives and by contract with the Foundation, I am interested in converting my water right to a 5-year term permit per the state's established Multi-year Flex Account (MFA) Program (K.S.A. 82a-736) in lieu of 5 equal annual payments that equal the bid price offered below.

    Water Right #: ______________________________________

    Legal Description of well(s): _____________________________________________________

    Bid Price: __________________________________ (Total Dollars required to convert water right to a multi year flex account right)

    Percent of original water right to be set aside for 5 years: _______________ (must be at least 10%)



    STEP 3.  Applicant's Notarized Signature:



    ________________________________________
    Signature of Applicant

    State of Kansas                     )
                                                 )    SS
    County of ____________     )

        The foregoing instrument was acknowledged before me this ____ day of __________, 20___, by

    ______________________________________________________________________________.


    ________________________________________
    Notary Public



    STEP 4.  Send or bring application to Foundation Office for Evaluation.
    NW Kansas Groundwater Conservation Foundation
    PO Box 905
    1175 S. Range
    Colby, KS 67701-0905


    STEP 5.  Sign Foundation Contract.
    If approved, enter into a Foundation Contract.  (Each approved applicant will be offered a Foundation/Applicant contract covering all the program details, payment schedules, enforcement issues, etc.  The applicant will have the final right to sign the contract and continue, or, NOT sign the contract and cancel the application process.)

    (FINAL NOTE:   The Foundation reserves the right to accept, reject, approve or deny any bid application based upon the Foundation's evaluation process.  Evaluations may take up to 60 days.

    Contributions:

    The Foundation is a 501(c)(3) organization and contributions are tax deductible in accordance with applicable I.R.S. regulations. The Foundation continuously accepts contributions for its operations and does NOT at this time engage in any contribution campaigns or other active fund-raising events. The bulk of funding is sought through private and public grant proposals (requests) to national and international groups that also have water conservation goals. These providers are listed below in recognition of their important support.

    If you are personally interested in helping the Foundation slow or stop the groundwater level declines in NW Kansas, please consider a contribution. Any amount contributed will be used to its fullest extent in slowing the decline rates by reducing consumptive groundwater use and is tax deductible.

    You may also direct your donation toward either the active "Program" account or the long-term "Trust" account. In the absence of any contribution direction, all funds will be placed into the account the directors feel will best meet Foundation goals at the time of receipt. In return for any contribution, the Foundation will list you as a contributor (unless anonymity is requested) and provide you with a contribution receipt for tax purposes. It is the personal contributions the Foundation counts on for improving our chances of receiving other substantial grants from government and/or major private sources. Please consider participating at whatever level you wish.

    Send your contribution with any special directions (Anonymity? Specified account? Recurring contribution? Others?) to:

    NW Kansas Groundwater Conservation Foundation
    PO Box 905
    Colby, Kansas 67701-0905

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    Active Financial Contributors Listing

    Corporate and Governmental Contributors:

    Northwest Kansas Groundwater Management District No. 4 (2004 - 2012) *

    Personal Contributors:

    None to date

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    (Contributors marked with an * have contributed $10,000.00 or more. All contributions will be confidential as to specific amount and no contributor listings will be distributed in any manner beyond the acknowledgment seen on this web page.)