GMD 4 General Information & Overview
Address:
Northwest Kansas Groundwater Management District No. 4
PO Box 905 (1175 South Range)
Colby, Kansas, 67701-0905
(785) 462-3915 - Office Voice
(785) 462-2693 - Office Fax
(785) 443-2641 - Dan Simmering Cell
(785) 443-2642 - Wayne Bossert Cell
E-Mail GMD4 Staff:
Wayne Bossert
Ray Luhman
Dan Simmering
Rita Wade
Office Hours: 8:00 AM - 5:00 PM Monday through Friday - except the noon hour. Closed State Holidays
The office location is shown here: (Note: Range Avenue = Hwy 25)
Location Map - GMD 4 in Blue shading:
Mission:
The purpose of the district is the proper conservation and management of the groundwater resources. It is also to provide local land owners and water users with the ability to be directly involved in the process by establishing their own regulations regarding the resource. Moreover, all necessary research and education are to be conducted under local direction. Finally, the district is to cooperate with other local, state and federal agencies in their endeavors.
Contact Person: Wayne Bossert, Manager
Location: All or parts of Cheyenne, Rawlins, Decatur, Sherman, Thomas, Sheridan, Graham, Wallace, Logan and Gove Counties, Kansas. (See map above)
Formation Date: March 1, 1976
Formation Authority: KSA 82a-1020 et seq.
Size: 3.11 Million acres (4852 square miles)
Wells Permitted: (As of February, 2005)
Governing Body: A locally elected board of 11 members are in charge of all district activity. Each board member represents all land owners and water users within the county borders of the position they hold. They are elected to 3-year terms. (Current board listing).
Financing: Local land assessment and water user charge. District can accept gifts and grants, can incur indebtedness and can seek no fund warrants and special project financing under some circumstances. Annual budget (assessed) for 2007 is $411,952.95. (Budget Information)
Frequently Asked Questions:
1. Is the NW Kansas GMD 4 closed down to new wells? Yes and No. Most of the district is not technically closed down to new wells. However, it is very difficult to meet the new development policy which is a pre-requisite for getting a new, non-domestic, water right. If there are equal to or more than 335 acrefeet of groundwater already appropriated within the 2-mile radial area surrounding a new proposed well, that location is over-appropriated and closed for new, non-domestic development. Details on this policy are contained above, or in the Management Program section of this web site. The exception to the first part of this answer are the six High Priority Areas designated by the board for enhanced management. As of September, 2008 these six areas have been formally closed to new wells except for domestic, and term and temporary wells. Domestic wells are still allowed, but they must be drilled by a Kansas-licensed water well contractor. Domestic wells are those for single household use, watering lawns, orchards or gardens not more than 2 acres in size, or watering livestock on pasture. Domestic use also includes up to 1.5 acrefeet of water for domestic uses (household purposes) of businesses - like churches, restaurants, motels, correctional facilities, schools, etc.
2. Can I re-drill a well in GMD 4 under an existing water right? Yes. However, there are controls in place which can restrict where the replacement well can be located. You can be approved for a re-drill (following application) and move an existing water right (authorized rate and quantity) anywhere within 300 feet of the currently authorized well with virtually no restrictions. Any move beyond 300 feet and less than 2640 feet must meet well spacing from all other wells per GMD4 regulation 5-24-3 - Well Spacing. In GMD 4 a well can be re-drilled beyond 2640 feet and as far away (not to exceed 3960 feet) as hydrologic data demonstrates at least 1/2 foot of drawdown after 1 season of pumping. The hydrologic test for distances beyond 2640 feet are set forth in GMD 4 regulation 5-24-6 - Changes in points of diversion. Not in all cases can wells be re-drilled beyond 300 feet. For re-drilling wells outside GMD 4, contact the appropriate GMD or the division of water resources in Topeka for any restrictions.
3. In GMD 4 can I move my full water right between two existing wells? Yes, but...... Again, there are regulations in place which control the movement of water rights between existing wells. Basically, you must be in the same local source of supply, which means movements over 1/2 mile, or, in GMD4 further than 3960 feet (if a theoretical pumping test can show at least 1/2 foot of drawdown after 1 season of pumping) are not allowed. This prevents a senior water right from being moved out of the immediate hydrologic area where it was perfected. You must also meet well spacing at the new location to prevent direct interference on existing wells once the move is approved, and you will be expected to properly dispose of the old well - plug, cap as inactive or convert it to domestic use. It is also possible to move a part of a water right to a new well, but the restrictions are yet more complicated. You are advised to contact GMD 4 staff for more information. As with most of these questions, they are focused on GMD 4 procedures.
4. Can I keep the same well but change the acres I irrigate? (This answer applies statewide) Yes, but as with any change in a water right, you must first apply to the Division of Water Resources. The first consideration is the "base acres" of the current water right. These are the maximum acres actually irrigated in any 1 year prior to December 31, 1994 unless your perfection period ended after 1994 in which case different rules apply. Be advised that any year the water right conditions were violated cannot be counted in the "base acre" calculations and that "base acres" can be less than the current authorized acres. You can easily change to another irrigated tract or tracts which are equal to or less than the determined "base acres" plus 10% or 10 acres, whichever is less. In GMD 4 only, a "Resource Development Plan" will also be required on any new acres added to any water right change.
If you want to change to a number of acres greater than 110% of your "base acres", or greater than your "base acres" +10, (whichever is less) you have only 2 alternatives: (1) you can agree to irrigate no more acres than the number of "base acres" in any calendar year (rotation option); OR (2) you can convert the existing water right to a 5-year water right at a total 5-year quantity equaling 5 times the evapotranspiration requirements for corn at the 50% chance rainfall level in your county at an .85% irrigation application efficiency (5-year water right option). For more detail, consult DWR Regulation 5-5-11 (page 84). All these options insure that consumptive water use is not increased as a result of the change.
5. What happens if I over pump my water right? GMD 4 reviews all water use reports and has for a number of years been notifying owners of overpumps and requesting that they contact the district to either confirm any mistakes in the report, or, to understand the limitations of their right if the report was accurate. To date, the GMD effort has been non-regulatory.
DWR is also reviewing all water use reports, but can handle only a limited number of enforcement actions. They currently have an overpumping program for blatant and recurring violations, but the triggers change annually so at this time only the most blatant and the longest violations are being handled. If your overpump report triggers their program, the first time you will be required to meter and pay a visit to the state to discuss the water right and work on a plan to operate within the water right and probably be required to file monthly water use reports. Subsequent violations get more serious and can eventually lead to fines, suspension of the water right, or eventual forfeiture. DWR currently working with the GMD 4 Board on a new pilot program for overpumpers in GMD 4. The new program will start with a DWR Order to not overpump again for all water users meeting a multiple-criteria test - including having overpumped multiple times in the last 5 years (2000 - 2005) and having overpumped at least 15 acrefeet or more. This new program is still developing, but will go into effect in 2007.
6. Do I need a permit for a domestic well in Kansas? No. Domestic use (largely defined in FAQ #1 above) requires no water permit, but this water use IS a bona fide water right to the extent the water was put to beneficial use - with a priority date of its first use. The only requirement is that a licensed water well driller (in Kansas) be used to drill the well and that the water is not wasted. As a real water right, it is subject to impairment and to being impaired just like any other water right. It is recommended that the well be drilled such that it uses the entire aquifer. Personal records should be kept on the date of first use and the quantity of annual use thereafter, but need not be filed with the state. While not required, you can file for a domestic water permit, but this will require annual water use reports and perhaps other non-domestic water right requirements like metering.
7. How do I qualify for a GMD 4 board position? (OK, this is not a frequently asked question by others, but it should be, and I frequently ask myself why it isn't, so it's posted here as such.) To be a board member of GMD 4 you must be an eligible voter and live within the County the board position represents. To be an eligible voter you must be at least 18 years old and own at least 40 acres of land inside the GMD that is not excluded from district assessment, or use at least 1 acrefoot of water inside the GMD annually. You may also be an eligible voter by virtue of your Executor status for an estate or trust, or Officer status in a corporation, or council status for a municipality. Finally, if your land is leased, under an estate for years or under contract, the fee owner can designate you to be the eligible voter instead of himself or herself for said land. Each year 1/3 of the board positions are up for election. You must declare your candidacy for the appropriate board position and be elected at the annual meeting.
8. In GMD 4 can I change the use type of my water right? (This answer also applies statewide) Yes, so long as the consumptive use does not increase. The maximum amount of an irrigation right that can be changed under an appropriation right is the net irrigation requirement (NIR) for the 50% chance rainfall in the subject county times the maximum acres legally irrigated in any one year within the water right's perfection period. Basically, the NIR's are set by county in DWR Regulation 5-5-12 (page 87). For a vested right, the same formula is used but the acres used are the maximum acres irrigated anytime before June 28, 1945. For a little extra flexibility, these kinds of changes can also use the 80% chance rainfall value times the acres irrigated IF the right is converted to a 5-year fixed allocation based on the 50% chance rainfall value. This arrangement does not provide any additional total water, but allows for a little higher annual allocation. The regulation also allows for an engineering study or equivalent documentation and analysis to justify a higher historic consumptive use value - done at the cost to the applicant.
9. Are there exemptions for small, new water rights still available? No. There are no pure exemptions for small, legitimate water uses any more. GMD 4 regulation 5-24-10 - Exemptions for up to 15 Acre-feet of Groundwater covers how this may be accomplished. Basically, for any new, small use water right (up to 15 acrefeet) a like amount of water must be forfeited from an existing water right within 2 miles of the proposed well. The forfeited amount must also include the consumptive use conversion amount. This process results in no net increase of consumptive water use as a result of approving the new, small use application. Since these new water rights are being offset by similar reductions elsewhere, there are no limits to the number of small use applications that can be approved.
ACRONYMS AND DEFINITIONS COMMON TO KANSAS AND THIS WEB PAGE
ACRONYMS:
AF (Acft): Acrefoot
AG: Attorney General, State of Kansas
BAC: Basin Advisory Committee
CWA: Clean Water Act - Federal Law
DASC: Data Access and Support Center
DISC: Division of Information Systems and Communications
DWR: Division of Water Resources, KS Department of Agriculture
EPA: United States Environmental Protection Agency
EQIP: Environmental Quality Incentive Program, part of the 2002 Farm Bill
ET: Evapotranspiration
GIR: Gross Irrigation Requirement
GIS: Geographic Information System
GMD: Groundwater Management District
GMDA: Groundwater Management Districts Association
GPS: Global Positioning System
HHW: Household Hazardous Waste
IDP: See RDP
IGUCA: Intensive Groundwater Use Control Area
KAR: Kansas Administrative Regulation
KARL: Kansas Agricultural Leadership Program
KCC: Kansas Corporation Commission
KDHE: Kansas Department of Health & Environment
KDWP: Kansas Department of Wildlife & Parks
KELP: Kansas Environmental Leadership Program
KGMDA: Kansas Groundwater Management Districts Association
KGS: Kansas Geological Survey
KGWA: Kansas Ground Water Association
KNRC: Kansas Natural Resource Council
KORA: Kansas Open Records Act
KRC: Kansas Rural Center
KSA: Kansas Statutes Annotated
KWA: Kansas Water Authority
KWO: Kansas Water Office
LEPG: Local Environmental Protection/Planning Group
LEPP: Local Environmental Protection Program
LUST: Leaking Underground Storage Tank
MDS: Minimum Desirable Streamflow
mg/l: Milligrams per liter (Approximately = to ppm)
MOA: Memorandum of Agreement
MOU: Memorandum of Understanding
NIR: Net Irrigation Requirement
NPDES: National Pollutant Discharge Elimination System
NWRA: National Water Resources Association
p/d: Authorized point of diversion (also pt/div)
p/u: Authorized place of use (also pl/use)
ppb: parts per billion
ppm: parts per million
ppt: parts per trillion
RDP: Resource/Irrigation Development Plan (Also called IDP)
SCC: State Conservation Commission
SDWA: Safe Drinking Water Act
TOPO: Topographic Map (Also called "TOPOG")
Ug/l: Micrograms per liter (approximately = to ppb)
URBAC: Upper Republican Basin Advisory Committee
UIC: Underground Injection Control
USGS: United States Geological Survey
UST: Underground Storage Tank
VOC: Volatile Organic Chemical
WRCP: Water Rights Conservation Program
WUR: Water Use Report
DEFINITIONS:
Acre-Foot: The volume of water necessary to cover one acre of land to a depth of one foot, or 325,851 gallons.
Agricultural Wetland: The United States Natural Resources Conservation Service uses the official definition from the Food Security Act which includes the following three elements: 1) a predominance of hydric soil; 2) inundated or saturated by surface water or ground water at a frequency or duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and under normal circumstances do support a prevalence of hydrophytic vegetation.
Alluvium: Sediments deposited by flowing rivers. In practice, the geologically newer riverbed deposits (and often the terrace deposits along rivers) are classified as alluvial aquifers. Alluvial aquifers are directly connected to the river flows and in pre-development conditions supply the river base flows. These aquifers are closely enough associated with the river that ones hydrology affects the other.
Aquifer: Rock or sediment in a formation, group of formations, or part of a formation that is saturated and sufficiently permeable to transmit economic quantities of water to wells and springs.
Basin Advisory Committee (BAC): Appointed members within each major river basin in Kansas which provide local input into the water planning process.
Basic Data: Basic or primary data is that data acquired by direct observation or measurement.
Best Management Practices (BMP): Non-regulatory practices identified to achieve a specified goal. For example, land leveling to established criteria and residual crop residue equal or more than established rates would be considered BMPs for irrigation water management.
Database: In the context of the Kansas Geographic Information System Initiative, a database is a collection of geographically referenced information on a topic (eg. water bodies, soil series) that is stored electronically and can be used with geographic information system computer software.
Designated Use: The use or uses that a specific body of water can support. These include agricultural, water supply, recreation, aquatic life support, and others.
Ecosystem: The root work “Ecology,” refers to the inter-relationship between organisms and their environment. An ecosystem refers to the complex of a biological community and its environment functioning as a unit in nature.
Evapotranspiration: The quantity of water transpired by plants during their growth or retained in the plant tissue, plus the moisture evaporated from the vegetative and soil surfaces.
Gaining Stream: A stream or stream segment that is receiving groundwater baseflow from a hydrologically associated aquifer.
Gross Irrigation Requirement (GIR): Total amount of irrigation water required for a given crop considering ET, effective precipitation, and system irrigation efficiency.
Geographic Information System (GIS): Computer software that allows numerous data layers to be viewed, manipulated and mapped simultaneously.
Groundwater Management District (GMD): Local units of government in Kansas authorized by state law to manage groundwater so long as the activities are not inconsistent with state law. There are currently 5 operating districts.
Kansas Agricultural Leadership Program (KARL): A state program to foster leadership abilities in agricultural issues.
Kansas Association for Conservation and Environmental Education: (KACEE): Formed as an outreach of the Kansas Association of Conservation Districts, it serves as a co-sponsor of Project WET (Water Education for Teachers). The Kansas Water Office contracts with KACEE to implement Project WET.
Kansas Center for Agricultural Resources and the Environment (KCARE): Based at Kansas State University, Manhattan, KCARE provides the building blocks to identify relevant and fundable research areas, and establish interdisciplinary working relationships between Kansas State University and organizations outside of Kansas State University related to agriculture and the environment.
Kansas Environmental Leadership Program (KELP): An adult environmental education and leadership program that allows participants to learn by doing.
Kansas Department of Health and Environment (KDHE): State Agency responsible for health and environmental issues and concerns. KDHE handles many water quality programs in Kansas.
Kansas Natural Resources Council (KNRC): A private, non-profit group primarily supporting small farms and farmers, sustainable agriculture, environmentally sound farming practices, etc.
Kansas Rural Center (KRC): A private, non-profit group supporting sustainable Ag, diversified farms and farming, and environmentally sound farming practices.
Kansas Water Authority (KWA): Appointed authority representing all water users across the state which oversees the state water planning process. Governor appoints most of the voting members and the chair. State agency directors are ex-officio members.
Kansas Water Office (KWO): State agency responsible for water planning in Kansas.
Kansas Water Plan: One of the important products of the KWO and KWA process. The state water plan serves as a guide to all water regulatory entities in the state.
Local Environmental Protection Program (LEPP): The NW Kansas group organized to implement the LEPP. Consists of 16 NW Kansas Counties. A program under KDHE for counties or groups of counties to develop comprehensive environmental codes made up of 6 elements or codes: sanitary code; public water supply protection; new subdivision wastewater; solid waste; non-point pollution; and hazardous waste.
Losing Stream: A stream or stream segment that is providing surface water recharge to an associated groundwater aquifer.
Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water. MCLs are enforceable standards.
Minimum Desirable Streamflow (MDS): The amount of flow to be met to benefit instream uses relative to water quality, fish, wildlife, aquatic life, recreation and aesthetics. An MDS is specific to a river stretch and varies by month.
Net Irrigation Requirement: The net amount of water required for irrigation of a given crop which is ET minus effective precipitation. This value does not account for system irrigation efficiency.
Nonpoint Source Pollution (NPS): Contamination that is likely to create a nuisance or render water harmful. It occurs when water runs over land or through ground, and picks up pollutants. Any source that does not have a permit is considered a nonpoint source.
Nonstructural: May include legislative and political methods such as floodplain regulation and zoning. It also may refer to use of riparian restoration on wetland restoration and bioengineering.
National Pollutant Discharge Elimination System (NPDES): A program that requires a Federal permit issued through KDHE to regulate potential pollutant point sources such as lagoons at industrial, municipal and agricultural facilities.
Restored Wetland: An attempt to repair and put back in as close to original condition as possible either an existing wetland that has been damaged by the activities of man, yet is still functioning somewhat as a wetland, or a previously existing wetland site that has been converted. Such restorations would concentrate on identified high priority wetlands of environmental significance and be accomplished on a voluntary, incentive based basis.
Riparian: Streamside and floodplain areas where the vegetation, soils, or topography are distinguishable from that on adjoining uplands. This area is often referred to as the stream corridor.
Safe Yield: The annual quantity of water that can be withdrawn from a defined water source that is limited to the average, cyclic amount of natural replenishment of that source. Replenishment of ground water is recharge and replenishment of surface water is a combination of runoff and ground water discharge to streamflow.
Structural: Generally refers to dams, concrete and culverts.
Sustainable Yield Management: A goal that sets water management criteria for the development and use of water within a defined hydrologic system to ensure long term trends in water use lead to stable ground water levels and streamflow patterns. It would allow for reasonable short term water level or flow variation that would not exceed a system’s natural ability to recover during wet periods, and protect against degradation of the environment within that system.
Total Maximum Daily Load (TMDL): The maximum amount of a pollutant that a specific body of water can receive without violating water quality standards.
Water Rights Conservation Program (WRCP): Program developed by DWR that allows active water rights to be set aside for a period of from 5-10 years, provided the area is closed to new rights and some other considerations.
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