Governor Kelly Signs Bill Reaffirming State Authority Over Water Transfers
House Bill 2433 resolves jurisdictional questions at the center of an 11-year dispute over the R9 Ranch water transfer near Hays
TOPEKA, Kan. — Gov. Laura Kelly signed House Bill 2433 into law, reaffirming the state's authority over the transfer and appropriation of water in Kansas. The bipartisan measure, introduced by Rep. Barb Wasinger, R-Hays, strips counties of the ability to enact or enforce resolutions that conflict with, are more stringent than or duplicate state control over water transfers and appropriations. Under the new law, authority over such decisions rests with the chief engineer and the water transfer hearing panel, except for domestic use.
The bill directly addresses a dispute that has stretched more than a decade between the cities of Hays and Russell and Edwards County over the R9 Ranch water transfer. Hays purchased the roughly 7,000-acre ranch and its 30 water rights in Edwards County in 1995, and in 2015 the cities applied to convert those rights from irrigation to municipal use and pipe water approximately 70 miles to serve their residents. Edwards County and the Water Protection Association of Central Kansas opposed the transfer, and the county enacted zoning regulations the cities argue were designed to block the project. An administrative law judge has ruled in favor of the cities' transfer application, but the dispute has spawned multiple lawsuits that remain active.
HB 2433 settles the jurisdictional question by prohibiting counties from requiring licenses, permits or imposing fees and conditions on water transfers governed by state law. Supporters say the measure ensures a clear, uniform chain of authority over one of Kansas's most critical natural resources at a time when agricultural and municipal water demands continue to grow.
The cities of Hays and Russell have received a $15.8 million state grant toward the project's estimated $79 million in infrastructure costs and have applied for additional federal funding. The R9 Ranch case is expected to continue through the courts, but the new law removes one layer of the legal challenge by clarifying that water transfer decisions rest with state officials rather than county governments.
Found a mistake? Have a news tip or feedback to share? Contact our newsroom using the button below:
Brought to you by (click me!)
