Topic: Senior water right
Interview of David Pope, September 19, 2020
Interviewed by Rex Buchanan
In this 2019 oral history interview, David Pope describes 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 describes 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 discusses 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 describes the complex interplay of surface and groundwater use policies which became a politically highly charged issue in addressing the Cheyenne Bottoms wetlands issue, Pope explains 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 concludes 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 describes those successes and speculates on why others have not been as successful. 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