TOPEKA, Kansas (WIBW) – The U.S. Fish and Wildlife Service (USFWS) has announced it will not seek regulation of water rights in the Rattlesnake Creek Basin for 2025. Governor Laura Kelly (D-KS) and Senator Jerry Moran (R-KS) say implemented plans to improve water needs in the Rattlesnake Creek Basin are moving forward.

Governor Kelly and Senator Moran called on the USFWS to work with regional irrigation systems and water users to find a sustainable and viable solution that minimizes impacts to local economies and enables the USFWS to secure its priority water rights in 2023.

Governor Kelly sent a letter to the USFWS in September and Senator Moran called the agency to urge officials to work with the Kansas Department of Agriculture’s Division of Water Resources (KDA–DWR) and local stakeholders.

Until October 2023, the USFWS agreed to conditionally suspend its request to secure its priority water rights while the group worked on a solution.

“Kansas producers have implemented voluntary conservation measures that have reduced depletion of water flow along the Rattlesnake Creek Basin,” said Senator Jerry Moran. “By working together, farmers, ranchers, local stakeholders and the U.S. Fish and Wildlife Service have made progress in finding mutually beneficial solutions to protect our water resources. The work done today will help ensure farming and ranching can continue for generations to come.”

Gov. Kelly said she also directed state agencies to develop a plan to allocate $7 million for a one-time State Water Plan Fund to be used to develop and implement the solutions identified by the stakeholder working group. The funding was approved by the State Finance Council in November.

KDA–DWR and local stakeholders were able to develop a plan that will restore runoff to the refuge by 3,247.6 acre-feet (AF), more than the first-year goal of 2,800 AF.

Officials believe that the flow rate can be improved by:

• Regulation of targeted wells with the required minimum discharge volume;
• Voluntary purchase of water rights;
• A pilot project in which water from nearby wells is pumped directly into the stream; and
• An innovative leasing program that allows river water rights holders to conserve a portion of their water rights in exchange for a temporary payment.

Governor Kelly says the Rattlesnake Creek Basin provides water for the region’s agriculture as well as migratory and resident wildlife species in the Quivira National Wildlife Refuge. She believes these interim solutions will help advance long-term solutions to improve water flow and not impact the region’s economic viability.

“I have been committed to bringing together local stakeholders, agricultural groups, and area farmers and ranchers to address the Rattlesnake Creek Basin water rights issue,” said Governor Laura Kelly. “I am encouraged by the unprecedented progress we have made. By partnering with the U.S. Fish and Wildlife Service, we will continue to work toward a sustainable, long-term solution that will ensure the refuge receives the water it needs while avoiding economic harm to local communities in the area.”

A copy of Governor Kelly’s letter to the USFWS can be found HERE.

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