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Water Overuse: Kansas Needs to Roll Back Water Rights for Users Out of Compliance

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From Kansas Agland's "Watchdog":

The Kansas Department of Agriculture is considering increasing fines for people ignoring the state’s mandate to report annually the volume of water they pump from wells or for exceeding limits on water use.

That’s a no-brainer. An even better stick would be to revoke their water rights altogether.

Susan Metzger, assistant secretary of agriculture, last month told a state legislative committee that the current $250 fine was an insufficient deterrent for people neglecting to submit an annual water use report on well-pumping to the state’s Division of Water Resources – or for people who simply don’t do it because it would show they are over-pumping. The modest fine is just a cost of doing business for some, she said.

The issue is the ongoing decline of the Ogallala Aquifer, an underground reservoir used heavily for crop irrigation, imperiling that part of the state to have water to support its human and livestock population long-term. Irrigation accounts for 85 percent of water consumed statewide.

The ag department hasn’t yet determined, at least for public review, how much fines might be adjusted or when changes would be implemented, Metzger said.

Reporting compliance has improved to 95 percent from 60 percent since it was made a requirement by law. That’s good, and it means we aren’t talking about a high number of abusers.

Missing the deadline by more than a month triggers the $250 fine. If a water user exceeds his water right, the first infraction results only in a written notice. A second strike could result in a $1,000 fine and reduction in pumping of twice the amount of the overage. The third time, the fine goes to $1,000 a day and a one-year suspension of drawing water. With a fourth infraction comes a 10-year water suspension.

Those latter penalties should get the attention of abusers. It’s the first and second offenses that have relatively mild penalties. The state simply needs to accelerate the penalties, especially water use prohibitions, to get the attention of overusers.

The core problem with the depletion of the Ogallala is the state over-appropriated water rights for irrigation. This is less about being water cops and more about fixing that problem. It’s why the state should repeal water rights. Starting with those who are taking more than their right makes sense.

Meanwhile, Gov. Sam Brownback is leading the development of a comprehensive 50-year water plan to manage the Ogallala better and also surface water reservoirs across the state.

Either by that plan or legislatively, the state needs to get serious about rolling back water usage for irrigation in western Kansas. The focus should be on retiring water rights, not fines.