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City gives progress update on R9 water-source project, ranch restoration and regulatory delays
Summary
Staff reported 60% design completion for pipeline and well-field elements, ongoing grant work with FEMA BRIC and Build Kansas, intent to make easement offers this spring, on-the-ground prairie restoration and hunting program results, and lingering regulatory litigation delaying a transfer hearing.
City staff updated the Hays City Commission Feb. 13 on progress and challenges tied to the R9 water-source project and the R9 ranch property, reporting design milestones, funding efforts, on-site conservation work and ongoing regulatory litigation.
John Brown, R9 project manager, said survey work is complete and design is roughly 60% finished for both pipeline and well-field elements. Funding work continues: the city is pursuing FEMA BRIC (Building Resilient Infrastructure and Communities) support and has direct technical assistance to improve the BRIC application due to the state in March; the city also submitted a Build Kansas application for non-federal match. Brown described loan options if grant funding is insufficient, including EPA WIFIA, KDHE state revolving funds and local bonding. He said pipe-material decisions (ductile iron versus HDPE) and diameter (likely 24-inch but possibly 20-inch with ductile iron) remain under refinement and that the pipeline route and legal documents for easements are nearly complete; staff expect to return to the commission before making any offers and warned offers to property owners could begin as soon as March or April.
On storage, Brown said the design considers both a half-million-gallon ground storage tank and a quarter-million-gallon elevated tank; the elevated tank is more expensive alone but may be more economical than a ground tank plus pump station because it enables gravity delivery.
Chris Smith, property manager for the ranch, described ecological and recreational activity at the site, including work to restore roughly 300 acres of native grasses, new livestock wells and cross fencing funded in part through NRCS EQIP (80/20 match), and ongoing Johnson grass control trials. Smith reported the property's enrollment in the statewide bobwhite research project and in the WeHawk hunting program; he cited Kansas Department of Revenue data showing an 18% increase in sales tax revenue in November and a 21% increase in December when comparing 2022 to 2024 figures for the area during upland game/deer seasons, and said QR-code data showed many out-of-state visitors accessed city pages for more information.
Toby (city staff) and other staff summarized regulatory delays: the hearing officer approved the city's transfer application in early 2024, but opponents filed motions that led to an eight-month diversion in Riley County District Court; that case was dismissed in December 2024 and the appeal window has passed, and staff said they have asked the hearing panel to set the formal hearing. Separately, a declaratory-judgment suit filed in October in the 24th District Court (naming Ellis and Edwards County officials) prompted recusal and reassignment of the judge; the Kansas Supreme Court appointed a senior judge, Nancy Paris, to oversee the case and procedural hearings are being scheduled. Staff said they remain confident the transfer application ultimately will be approved but cannot proceed to construction until regulatory matters are resolved and easement offers are complete.
Brown gave a tentative schedule of achieving 90% design by May, wrapping easement work in spring and entering construction contracting in late 2025 or early 2026, contingent on funding and clearance of regulatory matters.
