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Division of Water Resources updates committee on impairment rules, LEMA changes, Quivira progress and interstate monitoring
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Summary
Chief Engineer Earl Lewis updated the Committee on Water about recent and pending DWR rule changes (impairment regs, LEMA allocations, flow meters, change-of-point rules), agency workload metrics, dam inspection backlogs and coordination with GMDs under statutory deadlines for action plans due July 1, 2026.
Earl Lewis, chief engineer at the Division of Water Resources, briefed the Committee on Water on a range of regulatory and operational matters, including finalized impairment regulations, drafts for LEMA fixed‑allocation rules, flow meter updates and change‑of‑point-of‑diversion guidance.
Lewis said DWR revised impairment regulations to clarify that the chief engineer — not individual senior water‑rights holders — carries the primary responsibility for determining impairment, and that those regulations became effective in mid‑December. On LEMAs, Lewis said DWR revised drafts after stakeholder comments; a key debate was whether to use individual historic use to set allocations. DWR seeks to discourage over‑pumping for the sake of preserving historic use records while ensuring past conservation receives due consideration.
DWR metrics and capacity: Lewis reported total statewide use at about 3,850,000 acre‑feet in 2024, roughly 35,000 permanent water rights and about 1,800 terms/temporaries. Last year DWR approved 618 changes to water rights, completed ~157 field inspections tied to new permits, issued 78 certificates and has roughly 563 certificates remaining in the queue. On dam safety, 88 inspection reports were submitted last year though DWR expects 150–170; DWR used federal resources to clear ~130 of the reports in its backlog.
Quivira and local programs: Lewis said GMD 5 purchased seven water rights and conservation programs retired about five; a local bank leased 25 water rights (about 4,000 authorized acre‑feet total, with ~1,800 acre‑feet affecting streamflow). Pilot augmentation using existing wells to add water to streams was described as successful; Lewis said an NRCS EIS decision could unlock federal funds for broader programs.
Interstate monitoring: Lewis told the committee DWR is scrutinizing Colorado recharge ponds under the 1949 Upper Arkansas compact and has raised questions about Colorado’s calculations. On the Republican River, he said Nebraska was about 32,000 acre‑feet short in a dry year and DWR will enforce delivery obligations.
GMD coordination: Lewis reviewed statutory deadlines (GMDs identified high‑priority areas by 07/01/2024 and must submit action plans by 07/01/2026); the chief engineer has 90 days to determine whether plans reasonably address problems. Lewis said DWR sent guidance letters to help GMDs prepare plans that avoid state takeover but meet statutory requirements.
Ending: Committee members asked technical and policy questions; Lewis said additional rule adoptions and responses to public comments are expected in the coming months, and DWR will continue coordination with GMDs, KDHE and federal partners.
