Kansas Groundwater Management Districts

Abstract:     
Kansas enacted enabling legislation in 1972 to permit creation of groundwater management districts (GMDs), which would have some degree of autonomy for local management and control, but would be subject to basic statewide water law doctrine. Five GMDs were created in western and south-central Kansas, the areas where the High Plains and Equus Beds Aquifers are located. The article first explores potential constitutional infirmities with the legislation and concludes that one potential problem area exists – when an intensive groundwater use control area (IGUCA) is designated in a serious problem area, the legislation permits reducing the annual quantity of water right appropriation right, which might be seen as an unconstitutional “taking” of property in that water rights are expressly defined under Kansas water law as “real property interests.” Other matters covered by the article are questions of participation of GMD in lawsuits, the relationship of GMDs to the state Chief Engineer, and an analysis of several rules and regulations including those on depletion and safe-yield.

Number of Pages in PDF File: 42

Keywords: groundwater, groundwater management, groundwater management districts, GMD water law, water rights, constitution, constitutionality, intensive groundwater use control areas, appropriation rights, rules and regulations, standards and policies, management programs, depletion, safe yield, well-spacing

JEL Classification: K00, K11, K32, K41, G25, Q15

Accepted Paper Series