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OPERATIONS - Simply a 3-Step Process


  • Step 1:  Determine Eligibility
  • 1.  MUST own a valid Kansas Water right that is currently in good standing; and

    2.  MUST be located in any of the GMD 4 high priority areas shown on the following map in red or black outline.  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

         (NOTE:  Area 5 is a composite of the Thomas County 4-Township Special Area (outlined) and the formula-driven high priority areas (shaded))

    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.  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.

  • 1.  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.

    2.  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.

    3.  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.

    4.  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.

  • Address:  PO Box 905, Colby, KS 67701-0905 Phone:  785.462.3915