Volume 41 - Issue 25 - June 23, 2022
State of Kansas
Department of Agriculture
Division of Water Resources
Notice of Hearing
Pursuant to K.S.A. 82a-1041, the Northwest Kansas Groundwater Management District No. 4 (GMD No. 4) has requested the renewal of the GMD No. 4 District-Wide Local Enhanced Management Area (GMD No. 4 LEMA) in a designated area in Cheyenne, Decatur, Rawlins, Gove, Graham, Logan, Sheridan, Sherman, Thomas, and Wallace counties and comprising the entire area within the boundaries of GMD No. 4. The plan for the proposed renewal of the GMD No. 4 LEMA was previously submitted to the chief engineer by GMD No. 4 and was found to be acceptable for further consideration.
Therefore, the chief engineer has scheduled a public hearing to determine whether the GMD No. 4 LEMA should be renewed as proposed by GMD No. 4. The hearing will be held at 10:00 a.m. July 27, 2022, at the City Limits Convention Center, 2227 S. Range Ave., Colby, KS, and will continue as long as is necessary for a full disclosure of relevant facts. If a full disclosure of relevant facts cannot be achieved July 27, 2022, the hearing will continue at a future date that allows adequate notice to be given as required by K.S.A. 82a-1041. The chief engineer has also scheduled a prehearing conference to take place prior to the hearing. The prehearing conference will be held virtually via Zoom at 10:00 a.m. July 11, 2022. Members of the public who wish to attend the prehearing conference must pre-register at https://kansasag.zoom.us/meeting/register/tZYqduCrrDwvGtGREj7Qtv8tdf9R7UXRznh7.
At the hearing, the chief engineer will serve as the hearing officer and, in determining whether the GMD No. 4 LEMA should be renewed as proposed, will consider the evidence contained in the record for previous GMD No. 4 LEMA proceedings as well as any new evidence provided. This hearing will be conducted pursuant to K.A.R. 5-19-3 and K.A.R. 5-19-5 and, pursuant to K.A.R. 5-19-3(h), will consolidate the initial and subsequent LEMA hearings referenced in K.S.A. 82a-1041. Accordingly, the hearing will consider the effectiveness of the current GMD No. 4 LEMA plan’s corrective control provisions in meeting that plan’s stated goals and determine whether one or more of the circumstances set forth in K.S.A. 82a-1036(a) through (d) continue to exist within the LEMA boundary, whether the public interest requires that one or more corrective control provisions be adopted to address those circumstances, and whether the geographic boundaries of the LEMA are reasonable. The chief engineer will also consider the corrective control provisions contained in the plan for the proposed LEMA, the likelihood that that plan will achieve its stated goals, and any other matters deemed necessary by the chief engineer.
Anyone may submit written or oral comments to be included in the hearing record. Oral comments will be accepted only in-person at the public hearing. Written comments may be submitted at the public hearing or sent to the GMD No. 4 LEMA, c/o Ronda Hutton, 1320 Research Park Dr., Manhattan, KS 66502; faxed to 785-564-6777; or emailed to ronda.hutton@ks.gov. Written comments will be accepted if delivered on or before Tuesday August 10, 2022. After that date, the chief engineer will close the hearing record and will consider the evidence presented and the requirements set forth in K.S.A. 82a-1041 to determine whether the GMD No. 4 LEMA should be renewed as proposed.
A copy of the proposed GMD No. 4 LEMA plan and related documents are available online at http://agriculture.ks.gov/lema. Interested members of the public are encouraged to attend the public hearing.
Mike Beam
Secretary
Doc. No. 050257
