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Minutes for HB2564 - Committee on Water and Environment
Short Title
Authorizing the division of water resources to regulate the use of end guns on irrigation systems.
Minutes Content for Tue, Feb 6, 2018
The Chair opened the meeting and welcomed members, conferees, and guests. He then opened the hearing on HB2564.
Staff Nick Myers briefed the Committee on the specifics of the bill (Attachment 1). He said the bill would create a new statute that authorizes the Division of Water Resources (DWR) of the Kansas Department of Agriculture to promulgate rules and regulations that would allow the Chief Engineer to order the removal of any end gun on a center-pivot irrigation system and prohibit the future use of end guns in certain areas of the state. It would also authorize a groundwater management district to recommend regulations to the DWR for the removal and prohibition of end guns within such a district.
Mr. Myers answered members' questions:
- Penalties would be promulgated through rules and regulations. There are no penalties expressed in this bill.
- This bill expressly allows the prohibition of end guns.
Representative Thimesch, District 114, spoke in favor of the bill (Attachment 2). He said the bill is about safety in that end guns occasionally cause a roadway to be soaked; further, the bill will conserve water usage.
Lane LeTourneau, Kansas Department of Agriculture (KDA), testified in support of the bill (Attachment 3). He stated that the bill promotes the most efficient system technologies. He noted that currently irrigators are encouraged voluntarily to stop using end guns; under current law the Groundwater Management Districts (GMD) lack the authority to order corrective control. Along with other measures, the bill would be an effective tool in improving the region's long-term water supply.
Mr. LeTourneau responded to members' questions:
- Presently if the end guns pose a problem, the GMD or the sheriff receive a call and will investigate.
- The estimated cost to switch from the use of an irrigation system with end guns to an irrigation system using only droplines is about $12,000.
- There are other avenues to discourage the use of end guns; this bill would provide another tool for doing so.
- The impact of the bill will be narrowed and focused by rules and regulations. Enforcement also would be provided through regulations.
- KDA has data to show that shifting away from the use of end guns will conserve water.
- There will be no fees created by the bill.
A member commented that the bill seems to be an overreach of government authority.
Kent Askren, Kansas Farm Bureau, testified in opposition to the bill (Attachment 4). He stated that the bill gives broad authority for the Chief Engineer to regulate personal property. He noted that thousands of center-point irrigation systems are already approved by the Chief Engineer; the existing law is sufficient to deal with end guns, which are being unfairly targeted, since each irrigation system has certain inefficiencies.
Tucker Stewart, Kansas Livestock Association, spoke as an opponent of the bill (Attachment 5). He stated that the bill will cause irrigators to lose acreage, since the end guns are designed to fill in the corners of an irrigation circle. The bill will also create problems for spreading nutrient-rich lagoon water. He commented that the bill is a mandatory barring of a useful technology.
Conferees responded to members' queries:
- Local Enhanced Management Areas (LEMAs) and Intense Groundwater Use Control Areas (IGUCAs) have authority similar to what the bill addresses, only under the jurisdiction of the GMDs, not the Chief Engineer.
- Livestock producers are careful when using lagoon water for irrigation. (Mr. Stewart)
The following individuals provided opposition written testimony:
- Orrin Feril, GMD 5 (Attachment 6);
- Tim Stroda, Kansas Pork Association (Attachment 7); and
- Greg Krissek, Kansas Corn Growers Association (Attachment 8).
The Chair closed the hearing on HB2564.
