Nearly every irrigator in South Central Kansas has to make a decision regarding their water rights. 2011 was a record setting year for high temperatures and lack of rainfall. Producers were either forced to push their water rights or shut their water off and watch their crop wither in the heat. Here are the available options for overpumped water rights:

a. Drought Emergency Term Permit- This is a one-time only option for overages in 2011. Allows the flexibility to borrow a portion of next year’s authorized quantity. CAUTION: If you overpump the emergency term permit you will sacrifice your 2013 pumping rights. You will also become a junior water right holder in 2012. This is the best option in my opinion for the current situation.

b.  5-year Flex Account- The five year allocation is based on five times the average annual quantity actually used from 2000 through 2009, as reported to DWR on the annual water use reports. This program requires a 10 percent reduction in the water allocation. The problem with this program is it reduces your water right to very low levels because of the 10 year averaging and the 10 percent reduction. The water right will also become a junior water right for the 5 year period. Legislation is in the works to remove the 10 percent reduction, but this does still not make an attractive option for most that have not used their full allotment every year.

c. Report overpumping- I would agree with most people that say the notice of noncompliance is quite “easy to stomach” when compared to the loss of a corn crop, but this is not a road I recommend anyone goes down. At this point there is not a schedule of how long an offense stays on a water right. So therefore, if one was to report overpumping this year the offense may stay on the record of their children and grandchildren. Below is a list of offenses:

• The First offense: Notice of Noncompliance
• Second offense: $500 fine and water penalty. (Generally the authorized quantity for the following year is decreased by the same amount overpumped.)
• Third offense: $500 per day fine and a doubled  water penalty. (Generally the authorized quantity for the following year is decreased by twice the amount overpumped.)
• Fourth offense: One-year suspension of authorization to use water
• Fifth offense: Revoke water right or permit