Topic: Water litigation

Interview of Ken Grotewiel, December 5, 2019

Interviewed by Rex Buchanan

In this 2019 oral history interview, former Representative Ken Grotewiel recalls learning about the state and its urban/rural divide in addressing water issues. He found that these issues were not generally decided on a partisan basis. While representing Wichita in the Kansas House of Representatives, Grotewiel developed a good working relationship with Carl Dean Holmes, a Republican House member from western Kansas, especially on water issues, when they served together on the House Energy and Natural Resources Committee. Although Grotewiel had a reputation as a liberal environmentalist, he views his approach as that of a pragmatist. Among the Show Morewater issues addressed during his service in the House were purchasing storage in federal reservoirs that involved “minimum desirable stream flows,” irrigation, “water rights” that can affect streams, and the interbasin transfer of water. Grotewiel describes in some detail the challenges of passing legislation to fund the State Water Plan; legislation strongly opposed by farm groups and irrigators. He sites approval of water plan funding as an example of bipartisan cooperation and as the most significant accomplishment during his time in the Legislature. By the time he was appointed by Governor Sebelius to be Assistant Director of the Kansas Water Office in 2002, he noted considerable breakdown of civility in the Legislature. Among issues Grotewiel worked on during his service in the Water Office were use of federal money to purchase water rights along the Arkansas River and the purchase of land to protect the Equus Beds aquifer along with resisting the Legislature's diversion of Water Plan moneys for other purposes. Show Less

Interview of Joe Harkins, April 24, 2019

Interviewed by Rex Buchanan

In 2019 Joe Harkins sat down for an oral history interview conducted by Rex Buchanan. Harkins describes a career that began in public health and ranged from addressing nursing home problems in Kansas to initiating a graduate program in health administration. Persuaded to take on running the Kansas Water Office, Harkins engaged in transforming the culture of water administration at a time when issues related to water had a high priority in the state. In a detailed discussion of water policy, he discussed the dynamics of the relationship between governors and the legislature in developing, adopting, and funding Show Morea state water plan in the 1980s and early 1990s. Harkins brings the perspective of a professional public administrator to the issue of water policy development. He recalls learning about water policy while he was in charge of developing it. Harkins also has the perspective of a key staff member in several administrations in which water policy was a high priority. He reflects on the importance of gubernatorial leadership and the power dynamics among the various interests that shaped the ultimate policy. Harkins laments that water issues are no longer among the highest priorities in state public policy administration. This interview provides the most comprehensive explanations of policy development in practice in Kansas state government that is available.

Highlights -- short excerpts from the interview

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Interview of Carl Holmes, September 3, 2020

Interviewed by Rex Buchanan

In this 2020 oral history interview, former State Representative Carl Holmes discusses his observations of state water policy formulation in the 1970's through 2012. Holmes began his involvement in water policy as a farmer and active member of his community in southwest Kansas. In many respects, his experiences reflect the water-energy nexus. Holmes observed cities and irrigators mining water in southwest Kansas. He recalled developing a comprehensive understanding of water issues by interviewing the managers of the state’s water resources. In this interview, Holmes described how he managed the House Energy and Natural Resources Committee by creating subcommittees and educating Show Moremembers on how to work bills and guide them through the process. He discussed his bipartisan work with Representative Ken Grotewiel and other committee Democrats in the 1990s, actions that resulted in the House Speaker removing him from the chairmanship of the committee. Holmes described how irrigation changed over time from flood to sprinkler technology and how sprinkler systems have become more efficient. However, Holmes observed that groundwater levels continued to decline leading to abandoned wells, the growing of crops that require less water, the return to dryland farming, and, for some, the call for diversion of water from distant sources, such as the Missouri River, to sustain farming and communities on the plains.

Another oral history interview of Holmes is included in the Energy & Environment collection on this site.

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Interview of David Pope, September 19, 2019

Interviewed by Rex Buchanan

In this 2019 oral history interview, David Pope described how the awareness of declining water levels in the High Plains Aquifers in Kansas led to efforts to support wise use and responsible management of groundwater in the state. He described being hired to address groundwater issues from the local perspective and how he was involved in the creation the Groundwater Management District (GMD) in southwest Kansas. As Assistant Chief Engineer of the Department of Agriculture’s Division of Water Resources and later Chief Engineer, Pope was involved in a state policy limiting new groundwater development, referred to as planned Show Moredepletion, along with efforts to develop regulations on water management to replace the prior ad hoc approach. Pope discussed his dealings the U.S. Army Corps of Engineers in assuring minimal desirable streamflow to satisfy municipal and industrial water users along with conservation and recreation interests. He observed the complex interplay of surface and groundwater use policies which became a politically highly charged issue in addressing the Cheyenne Bottoms wetlands issue, Pope explained how the water law premise of "first in time, first in right" has been modified with amendments and regulations that require the filing of water rights, development of conservation plans to assure the beneficial use of water, mandatory metering of water use, and closure of areas for new water rights, all based on hydrologic studies. He concluded that although some GMDs have not tackled long-term depletion problems in western Kansas, two districts have adopted successful strategies: safe yield rules adopted by Groundwater Management District No. 2, and the creation of the Local Enhanced Management Area (LEMA) in Sheridan County to regulate irrigation. Pope described those successes and speculated on why others have not been as successful. Show Less

Interview of Leland (Lee) Rolfs, October 28, 2019

Interviewed by Rex Buchanan

In this oral history interview recorded in 2019, Lee Rolfs explains that few regulations governed water use when he began working at the Division of Water Resources of the State Board of Agriculture in 1978. He describes how the State responded to depletion of the Ogallala aquifer by creating Groundwater Management Districts (GMD) to manage future development, and to create a comprehensive system to address water issues. Rolfs recalls how the policy positions switched over time from the State being reluctant to regulate groundwater use when the GMDs initially sought restrictions to the opposite, with the GMDs opposing regulations Show Morewhen the State sought to impose them. He recalls his work on ground-breaking litigation with Colorado over water in the Arkansas River (Kansas v. Colorado). That case spanned over 25 years of his career with the State. Rolfs expounds on the Water Appropriation Act and its importance in the development of Kansas and its limitations in addressing the issue of long-term declines in the water table. He observes that cooperation, knowledge, and education are essential for properly managing water in Kansas. Show Less

Interview of John Peck, February 5, 2021

Interviewed by Rex Buchanan

In this 2021 interview, John Peck, Emeritus professor of Law at the University of Kansas, recalls the early days of his career entering into the field of water law. His interview provides insight into the important elements of water law in Kansas and how they developed. Peck reflects on the effectiveness of Kansas laws and regulations governing water use. Peck also identifies continuing questions about existing water law and related practices. From his role as an active observer of the legal and regulatory culture that has developed around water in Kansas, Peck presents a unique perspective. Show More Show Less

Interview of Tracy Streeter, April 30, 2021

Interviewed by Rex Buchanan

In this 2021 oral history interview, Tracy Streeter reflects on his 14 years as Director of the Kansas Water Office under four governors. As recalled here, the early years of the 21st Century saw the efforts of the Kansas Water Office move from planning and policy-making to implementation. Streeter discussed issues involving water reservoirs that have become an integral part of water management in the state. He also reflected on the number of state agencies involved in development and implementation of water policy in Kansas and the dynamics of the Natural Resources Sub-cabinet under Governor Sebelius Show Moreas well as changes that occurred when the policy planning time horizon was increased dramatically through the water visioning process initiated by Governor Sam Brownback. Show Less