Chairperson Bowers opened the hearing on HB2433.  Jason Long, staff revisor, presented a briefing on the bill.  (Attachment 1)

PROPONENTS

Representative Barb Wasinger testified in support of HB2433.  Representative Wasinger explained Edwards County and the WaterPACK have waged a legal battle against the cities of Hays and Russell for almost 11 years at the cost of over $10 million.  Edwards County has lost every battle and has tried to block the cities of Hays and Russell from getting the water they paid for and are legally due.  (Attachment 2)

Jim Cross testified in support of HB2433.  Mr. Cross indicated this is a clarifying measure of current state water law.  Mr. Cross noted the authority correctly belongs to the Chief Engineer and the Water Transfer Hearing Panel.  (Attachment 3)

Mason Ruder testified in support of HB2433 indicating the bill clarifies that the State of Kansas governs the regulation and use of water in Kansas.  Mr. Ruder explained it prohibits counties from attempting to duplicate state water law and regulation through local zoning codes and ensures that the water rights across Kansas are governed by uniform laws administered by the statutorily authorized state agencies.  (Attachment 4)

Mike Parsons testified in support of HB2433.  Mr. Parsons indicated the bill ensures that long-term infrastructure improvements, especially those critical to economic resilience, are not undermined after extensive regulatory compliance.   (Attachment 5)

Sarah Wasinger testified in support of HB2433.  Ms. Wasinger stated the bill reinforces Kansas's economic framework by ensuring that authority over water transfers and appropriations rests with the state agencies specifically charged with their responsibility and that counties may not override that process.  (Attachment 6)

Toby Dougherty testified in support of HB2433.  Mr. Dougherty noted his written testimony contains a "frequently asked questions" section.  Mr. Dougherty stated HB2433 does not take away local control; it confirms state control over water appropriations and transfers.  He indicated the bill ensures water right owners are not subjected to arbitrary and duplicative regulatory proceedings at the whim of a county.  (Attachment 7)

Todd Luckman testified in support of HB2433.  Mr. Luckman explained there is a web of connections between cities, rural water districts, public wholesale supply districts, and other special districts to supply water across county lines.  Mr. Luckman noted those interconnected systems could be harmed without passing this bill.  (Attachment 8)

The proponent conferees addressed questions from the Committee.  Chairperson Bowers asked Earl Lewis, Chief Engineer and Director, Kansas Department of Agriculture, Division of Water Resources, to address additional questions from the Committee.

WRITTEN ONLY TESTIMONY-

• Proponents-Last Name A-Z  (Attachment 9)

OPPONENTS

Patrick Hughes testified in opposition of HB2433.  Mr. Hughes indicated Edwards County doesn't dispute the authority of the state and the Chief Engineer to regulate water appropriation.  Mr. Hughes stated their concern is that this bill goes beyond water rights administration and removes authority for the county to address localized infrastructure and land use planning impacts of these projects when they physically occur within their jurisdiction.  (Attachment 10)

Heather Strate testified in opposition of HB2433.  Ms. Strate stated they are not trying to override state water laws, but are asking for the right to review major projects that impact their roads, rights-of-way, and tax base.  Ms. Strate indicated if water transfer projects can bypass local zoning, it could set a precedent for wind, solar, data centers, and other projects that are on the horizon statewide.  (Attachment 11)

Josh McDonald testified in opposition of HB2433.  Mr. McDonald stated Blue Sky Farms is not opposed to water rules, and indicated they take water stewardship seriously.   Mr. McDonald described some planned investments including a biogas methane digester and an additional project that would produce commercial fertilizer.  Mr. McDonald indicated that neither investment is possible without local control.  (Attachment 12)

Jim Stanford testified in opposition of HB2433.  Mr. Stanford indicated the Home Rule statute (K.S.A. 19-101a) grants counties the authority to transact county business and exercise local legislative and administrative powers unless the Legislature has clearly and uniformly limited the authority.  Mr. Stanford stated this is not about resisting reform, it's about preserving meaningful local discretion over local infrastructure.    (Attachment 13)

Bob Rein testified in opposition of HB2433.  Mr. Rein indicated this is a water issue, and discussed the application of Home Rule authority related to water issues.  In his written testimony, Mr. Rein stated that HB2433 would create a permanent, statewide change to county authority in response to a specific regional conflict, and the unintended consequences of that change have not been fully considered.  (Attachment 14)

Patrick Janssen testified in opposition of HB2433.  Mr. Janssen indicated their issue with the water transfer is the quantity of water to be transferred, not any dispute over the property rights or their ability to use the water.  Mr. Janssen stated HB2433 is a bad bill intended to circumvent county government, reduce local control, and write another chapter in a story filled with bad science, poor oversight, and terrible precedents.  (Attachment 15)

Micah Schwalb testified in opposition of HB2433.  Mr. Schwalb briefly discussed county Home Rule and the need to avoid "buy and dry."  He stated Edwards County is not trying to regulate water rights.  Mr. Schwalb indicated what they are trying to do, and what Home Rule exists to do, is manage roads, drainage, construction impacts, economic development, and public safety when large infrastructure projects are imposed on rural communities.  (Attachment 16)

Carolyn Dunn testified in opposition of HB2433, indicating it would weaken local authority for every county in Kansas.  Ms. Dunn voiced concern about the unintended consequences when the state curtails the ability of local citizens to manage local conditions, land use, and community impacts.  Ms. Dunn stated it is especially important not to undermine the local decision making when it comes to the installation of large projects that consume water.  (Attachment 17)

WRITTEN ONLY TESTIMONY-

• Opponents-Last Name A-Z  (Attachment 18)

The opposition conferees addressed questions from the Committee.

Chairperson Bowers closed the hearing on HB2433.

The meeting was adjourned at 10:32 a.m.

The next meeting is scheduled for March 3, 2026.