Volume 41 - Issue 36 - September 8, 2022
State of Kansas
Department of Agriculture
Division of Water Resources
Notice of Hearing
Pursuant to K.S.A. 82a-1041, the Western Kansas Groundwater Management District No. 1 (GMD No. 1) has requested the designation of the Four County Local Enhanced Management Area (Four County LEMA) in a designated area in Greeley, Lane, Scott, and Wallace counties within the boundaries of GMD No. 1. The plan for the proposed designation of the Four County LEMA was previously submitted to the chief engineer by GMD No. 1 and was found to be acceptable for further consideration.
Therefore, the chief engineer has scheduled an initial public hearing pursuant to K.S.A. 82a-1041. The hearing will be held at 9:00 a.m. (CDT) October 17, 2022, at the William Carpenter Building, Scott County Fairgrounds, 608 N. Fairground Rd., Scott City, Kansas. A secondary location with virtual access to the hearing will also be available at Risen King Community Church, 504 Chesley Ave., Weskan, Kansas. The hearing will continue as long as is necessary for a full disclosure of relevant facts. If a full disclosure of relevant facts cannot be achieved on October 17, 2022, the hearing will continue on 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 pre-hearing conference to take place prior to the hearing. The prehearing conference will be held virtually via Zoom at 10:00 a.m. (CDT) September 27, 2022. Members of the public who wish to attend the prehearing conference must pre-register. A link to pre-register is located at http://www.agriculture.ks.gov/FourCountyLEMA and can also be obtained by contacting Ronda Hutton at 785-564-6715 or ronda.hutton@ks.gov. The chief engineer may complete the hearing without the participation of any party who fails to participate in the pre-hearing conference, the hearing, or any other stage of the proceedings. At this time, the formal parties to the hearing are the Kansas Department of Agriculture’s Division of Water Resources, 1320 Research Park Dr., Manhattan, KS 66502 and GMD No. 1, 906 W. 5th, PO Box 604, Scott City, KS 67871.
At the hearing, the chief engineer will serve as the hearing officer. The hearing will be conducted pursuant to K.S.A. 82a-1041, K.A.R. 5-19-3, and K.A.R. 5-19-5 and will determine whether one or more of the circumstances specified in K.S.A. 82a-1036(a) through (d), and amendments thereto, exist within the boundaries of the proposed LEMA; whether the public interest of K.S.A. 82a-1020, and amendments thereto, requires that one or more corrective control provisions be adopted; and whether the geographic boundaries of the proposed LEMA are reasonable. If the chief engineer’s findings as to all of these factors are favorable, then the chief engineer will hold a subsequent public hearing as required by K.S.A. 82a-1041, at a future date that allows adequate notice to be given as required by that statute.
Anyone may submit written or oral comments to be included in the hearing record. Oral comments will be accepted only from in-person attendees at the hearing locations in Scott City, Kansas and Weskan, Kansas. Written comments may be submitted at the public hearing, at either location, or sent to the Four County 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 may be submitted until October 27, 2022 and must be postmarked by that date. After that date, the chief engineer will close the record of the initial hearing and will determine whether a subsequent hearing to consider the designation of the Four County LEMA should be held.
A copy of the proposed Four County LEMA plan and related documents are available at http://www.agriculture.ks.gov/FourCountyLEMA. Interested members of the public are encouraged to attend the public hearing.
Mike Beam
Secretary
Doc. No. 050489
