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8 February 2024
WICHITA, Kan. (KSNW) — The towns of Hays and Russell have won an important ruling that could let them get much-needed water from Edwards County, but the ruling is not the final say.
The towns co-own the R9 Ranch, about 70 miles away, in Edwards County. The ranch covers about 6,800 acres and includes 7,647 acre-feet of water rights. That is about 2.5 billion gallons of water.
In 2016, city leaders applied for the right to transfer water from the ranch to Hays and Russell. They say it represents the towns’ most economically viable and drought-resistant long-term water supply.
But Hays and Russell have opposition from Edwards County and the Water Protection Association of Central Kansas (Water PACK), who don’t agree with the amount of water the towns want transferred — 6,756 acre-feet a year. Water PACK is a trade association whose members hold water rights surrounding the R9 Ranch.
Judge’s ruling for Hays and Russell
On Monday, the towns got a favorable ruling on their application. Judge Matthew Spurgin, an administrative law judge from the Kansas Office of Administrative Hearings, issued an initial order approving the transfer application.
“This is a huge win for Hays, Russell, and the region,” Hays Mayor Shaun Musil said in a news release. “It would not be possible without the buy-in of the community and our commitment to conservation for many years. The R9 will provide a sustainable supply of water for more than 50 years.”
“Monday’s ruling is tangible proof of the foresight of both communities to ensure we have a reliable and long-term water supply vital to our economies,” Russell Mayor Jim Cross said. “The communities of Russell and Hays understand the importance of water conservation, which extends to the R9 as the communities will use less water from the R9 than when it was farmed.”
Water panel will have the final say
The judge’s ruling is not the final step in the process. The Water Transfer Hearing Panel has to review it and issue a final order, most likely in May. The panel members are the chief engineer of the Division of Water Resources in the Kansas Department of Agriculture, the director of the Kansas Water Office, and the director of the Division of Environment in the Kansas Department of Health and Environment.
KSN News contacted Water PACK’s attorney for a reaction to the judge’s ruling.
Though we respect the process and the Presiding Officer’s efforts, we believe he has erred in material respects.
We look forward to the opportunity to illustrate the problematic nature of the decision to the Hearing Panel which is charged with rendering the final administrative decision.”
Charles D. Lee, Lee Schwalb LLC, counsel to Edwards County and Water PACK
Hays and Russell had the R9 Ranch converted to native grass. They say the Kansas Department of Wildlife and Parks opened it to the public through the Walk-in Hunting Access program.