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Topic: First in time, first in right

Ed Flentje and Rex Buchanan, Kansas

Interview of H. Edward (Ed) Flentje, June 14, 2019

Interviewed by Rex Buchanan
In this 2019 oral history interview of Ed Flentje, he recalls the intricate work of developing a water planning process and applying good governance principles to a highly contentious issue that involved a variety of entities both inside and outside state government in the 1970s. The innovations in water regulation that grew out of the agenda of Governor Bennett, for whom Flentje served as Planing Director, were carried out and implemented by succeeding Governors, Carlin and Hayden. Flentje's description of water policy rising to prominence in the Bennett administration demonstrates how governors benefit from listening to a variety Show Moreof voices when developing policy agendas. Show Less

Interview of Fred Kerr, April 13, 2018

Interviewed by H. Edward (Ed) Flentje
Fred Kerr reflects on his 15 years in the Kansas Senate representing the 33rd Senate district. He recalls Senate leaders and fellow Senators who helped him as a freshman and whose influence guided him throughout his career. Fred talks about the process involved in securing a leadership position in the Senate and the dynamics of leadership races. He observes how relationships between competitors for leadership offices affected Senators differently and how they worked together in subsequent legislative sessions. He also reflects on how decisions were made regarding tax policy both to fund highways and public schools. Show MoreFred, who ran for Governor in 1994, comments about the increasing influence of money and monied interests in state-wide politics. A previous oral history interview of Fred Kerr is here. Show Less
Dave Pope, Kansas

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
Lee Rolfs, Kansas

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
John Peck, Kansas

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 Paul Feleciano, February 11, 2022

Interviewed by Eric Sexton
Paul Feleciano served from 1972 until 2003 in the Kansas Legislature, primarily in the state Senate. During his 31 year tenure he has served on almost every committee. His interview discusses a wide range of issues including groundwater management, mental health reform, changes in the penal system, but his descriptions of the personalities of Senate leadership make that era come alive. He characterizes the men and women serving in the 1970's and 80's as giants --articulate, caring, compassionate problem solvers who would work "across the aisles" to make things happen. As the legislature moved into Show Morethe 21st Century, Feleciano notes the split in the Republican Party between conservatives and moderates became a real problem because the impact was, "they didn't want to compromise." After leaving the legislature, Feleciano was appointed to the Kansas Parole Board and served there for six years. Show Less
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