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Ag News -
Ag Briefs
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Monday, 23 April 2012 11:06 |
The
Kansas Department of Agriculture Division of Water Resources is
accepting applications for the revised program that allows holders of
vested or certified groundwater rights to manage their water right over a
5-year period.
The 2012 Legislature made significant changes to
the state’s Multi-Year Flex Account (MYFA) program as part of a series
of water law changes designed to conserve the state’s water supply and
extend the life of the Ogallala Aquifer.  Senate Bill 272, signed by Gov. Brownback in Garden City last month, provides for this expanded flexibility in managing wateruse.
The new Multi-Year Flex Account application form is available
on the Kansas Department of Agriculture Division of Water Resource’s
web site, at its field offices and at the office of the state’s five
Groundwater Management Districts. Assistance with completing the
application will also be available at each of these locations.
“We
are pleased to get started with implementation of this significantly
improved program for multi-year management of water rights,” DWR Chief
Engineer David Barfield said. “We believe it will be useful for many
producers, allowing them to defer on less-efficient water use in some
years, preserving the water for later, more beneficial use in the
five-year period.”
A Multi-Year Flex Account allows water right
holders to obtain a 5-year term permit that temporarily replaces their
water right. This term permit allows the water right holder to exceed
their annual authorized quantity in any year but restricts total pumping
over the 5-year period. Pumping for the five-year period is limited to a
maximum of five times the larger of the water right’s average water use
or the water right’s maximum reported acres times the county’s net
irrigation requirement for corn.
This program is voluntary and
does not permanently change the underlying water right. At the end of
the 5-year period, if not extended by filing a new Multi-Year Flex
Account application, the operation of the water right returns back to
the original water right conditions.
"Implementation of the
Multi-Year Flex Account is an important step towards creating water
policy that both benefits agriculture today and sustains the valuable
water resources for future generations," Kansas Secretary of Agriculture
Dale Rodman said. “It is through the engagement of our farmer and
rancher stakeholders from an early stage, and the hard work of the
Brownback administration and the legislators, that this change was
possible.”
An application for a multi-year flex account must be filed on or before October 1
of the first year of the multi-year flex account term for which the
application is being made, except in cases where a water user exceeded
their authorized quantity due to the extraordinary drought of 2011.
- For those who received 2011 drought emergency term permits and enroll in a MYFA:
- The MYFA allocation will not be affected by their 2011 overuse.
- The application fee will be $200, if received by July 15, 2012.
- For those who overused in 2011 but did not receive a 2011 drought
emergency term permit:
- Sanction for the overuse may be avoided by enrolling in a MYFA.
- The application must be received by July 15, 2012.
- The filing fee is $600.
- The MYFA allocation will be reduced by the amount of the 2011 overuse.
These deadlines are set in statute and cannot be waived.
Additionally, separate applications must be received for each point of
diversion authorized by the water right before the deadline.
Water right holders should contact their local DWR field office or Groundwater Management District
for more details and to schedule an appointment for assistance in
evaluating the available options or completing the application form. |
