Officials: SEK water supply a slippery subject

The phrase “water war” was mentioned at least three times at the Kansas Water Authority meeting Friday morning in regard to the potential future of water supply in extreme southeast Kansas.
Litigation and frustration could be the worst-case scenario if local officials can’t solve water supply issues over the long term, officials warned.
The Kansas Water Authority spent Thursday reviewing state water concerns, and then spent Friday reviewing specifically local water issues.
And there were plenty to discuss.
At one point, Steve Irsik, KWA chairman, said “I think this is the most complicated one I’ve seen.”
Local water authorities discussed several problems facing the region.
One of the sources of water for local communities is local aquifers, specifically the Ozark and Springfield Plateau aquifers. However, there are some issues that need to be addressed with these aquifers.
The Springfield Plateau aquifer cannot be used because of lead, zinc and cadmium contamination from mining and other sources.
As for the Ozark aquifer, there are reported declines in groundwater levels, brine from south-central Kansas migrating eastward, and concern as to whether the aquifer will be overused.
These issues are currently being studied for a Regional Groundwater Study that is set to be completed next April. Also, there is a moratorium on new claims to the aquifer until 2010.
Another source of water for the area would be local streams. However, there are, of course, issues stemming from area surface water.
Most of the streams in southeast Kansas flow from Missouri into Kansas on their way to Grand Lake in Oklahoma. This includes Cow Creek, one of the major tributaries of the Spring River. This means Missouri has first dibs on the Spring River and other streams flowing through the area.
The problem about Missouri laying first claim to the surface water comes from a difference in how water rights are distributed between the states.
Missouri is a riparian state. Simply interpreted, it means that if a person or group has access to a water source, they can use it.
Kansas, on the other hand, is a water right appropriations state. Simply, water rights are unconnected to land ownership and can be sold and distributed like any other property. Often, government or agencies are charged with overseeing allocations.
The difference between the two states leaves Kansas with a problem — Missouri could use all of the water from the surface streams, causing a shortage in Kansas communities. Kansas can not expect reliable water from surface streams coming from Missouri, especially if there is a shortage of water from droughts or other causes.
Another source of water would be from Grand Lake in Oklahoma, which is filled mostly by Kansas and Missouri water. However, water at that lake is controlled by the Grand River Dam Authority. The GRDA makes it difficult for water to be brought into Kansas or Texas from the Grand River.
But even then, the Grand Lake may not be controlled necessarily by the GRDA. That may go to the native tribes.
Kansas has four tribes that make their home within the state borders. Oklahoma has 37, including seven on land that surrounds Grand Lake. Recent governmental actions may give the tribes more of a claim to water sources within their borders. It has yet to be seen what effects that will have on the Grand Lake water.
All these issues leave local officials in a mess. If water from Missouri is unreliable, the aquifer may not be sustainable in the long-term, and Grand Lake may not be an option right now, what is left?
Tracy Streeter, Kansas Water Office director, told the group that a solution may come down to creating water sources for the area.
“If we can’t get anything on Grand Lake, we’ll be looking at storing surface water,” Streeter said. “When the smoke all clears, I see us building a lake here. I don’t see us doing any big, big stuff. We have a lot of options. We need to see what Ozark is doing for us in the long-term.”
Streeter also said there is a concern for local officials, stemming from the aquifer study, which will not be completed for a few months; the lack of an agreement with Missouri regarding water sources; the lack of a compact with Oklahoma about Grand Lake; as well as the dust to settle about tribal rights to Grand Lake.
“How long can we wait for that all to play out before we have to seek opportunities here in Kansas?” Streeter said. “Certainly you can see the difficulties. The community wants to get these things resolved quickly. But timing is everything.”

Andrew Nash can be reached at andrew.nash@morningsun.net or by calling 231-2600 ext. 132.