2024 LSHWSAD Operations Agreement The Lower Smoky Hill Water Supply Access District
Operations Agreement
As of July 22, 2024
Subject and Purpose of Agreement
This Agreement between the Kansas Water Office (hereinafter referred as "KWO"), the
Kansas Department of Agriculture, Division of Water Resources (hereinafter referred as
"DWR"), and the Lower Smoky Hill Water Supply Access District(hereinafter referred as
"District") is intended to implement the policies and responsibilities regarding the
coordination,operation,management and protection of releases from Conservation Storage
in Kanopolis Lake to meet water supply demands and a Target Flow at the USGS gaging
station(ID—06866500)on the Smoky Hill River near Mentor,Kansas(hereinafter referred
as "the Mentor gage"). Furthermore, this Operations Agreement supersedes the prior
Operations Agreement, dated April 28, 2017.
II. Reservoir Storage Allocations
The Office has provided the District with the following Storage Allocations as of 2024 for
Kanopolis Lake, as presented in Table 1 below.
Table 1 —Projected current and future condition of Storage Allocations(in 1,000 acre-feet)
Access District Storage
Most Conservation Water Marketing Water Quality
Recent Storage Capacity Municipal Irrigation Storage Storage
Reservoir Survey (100%) (17.20%) (7.03%) (22.37%) (53.40%)
Date
2024 2044 2024 2044 2024 2044 2024 2044 2024 2044
Kanopolis 2017 45.3 38.1 7.8 6.6 3.2 2.7 10.1 8.5 24.2 20.3
III. Agency Responsibilities and Authorities
A. Kansas Water Office
The KWO is authorized under the Kansas Water Resources Planning Act, K.S.A.
82a-915, to "negotiate with the federal government relative to releases of water
from projects and reservoirs and to enter into agreements with the federal
government with respect to operations of projects or reservoirs for the releases of
water, if such agreements are recommended by the State Water Plan."
The Access to Water Releases from Kanopolis Lake Sub-section of the 2010
Kansas Water Plan — Volume II, Statewide Management Categories and Policies,
contains the following recommendation: "The development of a Lower Smoky Hill
River Special District. The creation of a Special District would allow stakeholders
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to choose to be involved in ownership and management of storage to meet
downstream needs."
B. Division of Water Resources
The Kansas Water Appropriation Act, K.S.A. 82a-701 et seq., dedicates all water
within the State of Kansas to the use of the people of Kansas, subject to the control
and regulation of the state. Further, it empowers and directs the Chief Engineer of
the DWR to enforce and administer the laws of Kansas pertaining to the beneficial
use of water and he or she "shall control, conserve, regulate, allot and aid in the
distribution of the water resources of the state for the benefits and beneficial uses
of all its inhabitants in accordance with the rights of priority of appropriation."
The DWR may also protect releases from storage from unauthorized Diversion
through K.S.A. 82a-706b, which states: "It shall be unlawful for any
person...without an agreement with the State of Kansas to divert or take any water
that has been released from storage under authority of the State of Kansas or that
has been released from storage pursuant to an agreement between the state and
federal government."
IV. Coordination and Administrative Procedures
In order to carry out the objectives of this Agreement,the KWO,the DWR,and the District
agree to the following terms and procedures.
A. Effective Period of the Agreement and Provisions for Revising the Agreement
1. The effective period of the Agreement will be coincident with the term of
the contract between the KWO and the Kansas City District, Corps of
Engineers (hereinafter referred as "Corps"), over the useful life of
Kanopolis Lake.
2. The terms of this Agreement may be reviewed upon request by any party.
3. Five years after the adoption of the Agreement by the parties and every five
years thereafter, the Agreement will undergo a complete update to
encompass changes in operations, policies and procedures and to reflect
altered conditions in the basin.
4. While the new Agreement undergoes updating, the current Agreement will
remain in force.
5. In conjunction with the Agreement review meeting every five years, the
KWO will perform a drought contingency exercise in which the model will
be run to simulate drought conditions.
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B. Operations Policies and Responsibilities
1. For the purpose of reservoir operations, a Target Flow will be defined to
ensure sufficient supply to meet the demands of the District and maintain
streamflow.
2. The Target Flow at the Mentor gage shall be 20 cfs. The KWO will monitor
flows at the gaging station and support the Flow Target with releases from
Water Quality storage. However,based on lessons learned during low flow
operations since April 28, 2017, it is anticipated that the Target Flow value
may be exceeded to support the demands of all District members.
Deviations from the Target Flow will most likely occur during the irrigation
season,primarily as a response to the following conditions:
a. When baseflow gains and runoff downstream of Lindsborg are
sufficient to maintain an adequate flow at Mentor but flows are
inadequate in the upper system (Langley to Lindsborg), additional
releases to support flow in the upper system may be necessary during
the irrigation season. Release needs will be based on information
provided during weekly time-step coordination. The preference is to
actively manage this condition rather than establish a second Target
Flow at Lindsborg.
b. When irrigation demand is high downstream of the Mentor gage.
Target Flow exceedance will be based on information provided during
weekly time-step coordination. The preference is to actively manage
this condition rather than establish a higher Target Flow, as irrigation
demand is dynamic and a higher flow target might result in a waste of
water.
3. Releases from Water Quality Storage in Kanopolis Lake are required to
maintain the Target Flow during drought. Releases from Access District
Storage may also be used to maintain the Target Flow during drought,based
on district use below the Mentor gage. The DWR shall protect releases from
non-Member Diversion to the extent necessary for Target Flow
maintenance, in accordance with K.S.A. 82a-706b. Protection of releases
shall not extend beyond the Program Area.
4. Operational triggers have been set for the USGS gages at Mentor and
Langley to determine when increased coordination and monitoring need to
begin.
5. The operational trigger is used to indicate that low streamflow conditions
exist in the basin and to coordinate use of available storage through direct
use of Natural Flow, administration of water rights and/or supplementation
of streamflow by reservoir release.
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6. The operational trigger at the Mentor gage is 45 cfs (May—September)and
20 cfs(October—April),provided there has been a generally declining trend
for at least 7 consecutive days. The operational trigger for the Langley gage
is streamflow less than 10 cfs greater than the monthly values in Table 2, in
the months of May through September.
7. While releases from Water Quality Storage or Access District Storage in
Kanopolis Lake are being made, or when streamflows approach the
operational trigger, the operations time step will be one week. While
releases from storage are not being made, the operations time step will be
one month.
8. If streamflow is above and likely to stay above the designated operational
trigger within the upcoming time step, demands can be satisfied without
additional releases from storage.
9. If streamflow is below or likely to fall below the designated operational
trigger within the upcoming time step, the KWO and the District will
determine if releases or additional releases from storage are needed to meet
Target Flow and/or District demands. KWO will advise DWR of any
changes.
10. The KWO will contact the Corps to request the appropriate releases.
11. The KWO will routinely coordinate with the Corps to exchange information
on storage, inflow, evaporation and releases at Kanopolis Lake.
12. If sufficient rains and runoff develop within an operational time step, the
Corps may reduce releases to conserve water in storage and will coordinate
with the KWO who will then coordinate with the District and the DWR by
the next working day.
13. The KWO will coordinate pool level management plans for Kanopolis Lake
within the constraints of the Agreement.
14. The parties of the Agreement may, by unanimous consent, agree to deviate
from the standard operation policy regarding Target Flow or Water Supply
Storage releases for the following contingencies:
a. Repair, maintenance, inspection or replacement work on the
reservoir dam or outlet works.
b. Water Quality Storage conditions within Kanopolis Lake or on the
Smoky Hill River.
c. Ice conditions in the reservoir or the river.
d. Kanopolis Lake at an elevation more than ten feet below the top of
the conservation pool of 1463 feet elevation above mean sea level
(msl).
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e. Endangerment of public health, safety or welfare.
f. Environmental conditions or District demands exceed available
streamflow downstream of the Mentor gage.
15. If any of these contingency conditions exist, the parties of the Agreement
will discuss and implement alternative operational procedures during those
conditions with the Corps, as necessary. The parties of the Agreement will
document the reasons for deviating from the standard operational
procedures and what actions were taken to implement alternative
operational procedures.
C. Water Right Administration and Bypass of Inflow
1. Unsatisfied Natural Flow demands of water right holders will be managed
through water right administration by the DWR.
2. The DWR will determine actual Natural Flow conditions, as necessary, for
administering water rights.
i. Losses to flow associated with evaporation and stream bed infiltration will
be subtracted from Natural Flow.
ii. In the absence of Natural Flow, Transit Losses will be applied to Water
Quality Storage releases before Water Supply Storage releases.
3. The DWR will consider any appropriate information from the Corps, the
KWO and the United Geological Survey (USGS) in determining the
availability of water to satisfy water right demands, including additional
water to be bypassed through Kanopolis Lake.
4. If necessary, the DWR will collect whatever additional information it
requires in determining the availability of water to satisfy water right
demands,which may include discharge measurement and inspection of flow
rate/volume measuring devices at appropriate points of diversion.
5. If sufficient flow is entering Kanopolis Lake in excess of the discharge from
the reservoir, all or a portion of that inflow may be bypassed through the
reservoir for use downstream, to satisfy water rights with priority dates
earlier than the water reservation right for Kanopolis Lake. Water
Reservation Right, File Nos. 40,090-AR-24 and 25 have a priority date of
October 29, 1990.
6. The KWO will contact the Corps to request the necessary bypasses from
Kanopolis Lake as determined by the DWR.
7. Administration of such a bypass will be done by the DWR under the
provisions of the Kansas Water Appropriation Act.
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D. Accounting of Storage
1. The KWO will request the Corps to provide information of the previous
month inflow, evaporation, outflows and initial and ending storage, and
deviations from standard operations (IV.B.14).
2. The KWO will use the Corps information to maintain monthly accounting
of the various Storage Allocations in Kanopolis Lake.
3. The KWO will report the monthly accounting information on the KWO
website https://www.kwo.ks.gov/.
4. Inflow will be distributed among the Storage Allocations in proportion to
the each allocation relative to the total Conservation Storage capacity.
Inflow in excess of that necessary to fill a designated storage shall be used
to fill the other Storage Allocations on a proportional basis. Any inflow
being bypassed will be subtracted from the total inflow.
5. Evaporation losses will be distributed among the Storage Allocations in
proportion to their volume at the beginning of each time step.
6. Releases or withdrawals will be charged to the appropriate Storage
Allocations. District release charges will be proportional to the ratio of the
member(municipal and irrigation) demands within a time step.
7. Below the Conservation Storage elevation(1463.0 feet,ms1),releases from
storage are calculated by subtracting Kanopolis inflow from Kanopolis
outflow. Inflow and outflow are provided by the Corps.
8. The maximum release from Water Quality Storage shall be equivalent to
the schedule in Table 2. The amount of water released from Water Quality
Storage is dependent on the amount of reservoir inflow. For example, an
inflow bypass of 20 cfs in June will result in a Water Quality Storage release
of 30 cfs for a total discharge of 50 cfs, per schedule in Table 2.
Table 2. Maximum Discharge from Water Quali Storage and Natural Flow Bypass
Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
c.f.s. 10 10 15 20 30 50 50 50 50 25 15 10
9. Any releases from Conservation Storage greater than the maximum release
schedule in Table 2 will be charged to Access District Storage.
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E. Terms and Modification of Agreement
A. This Agreement shall be in effect from the date of execution by the parties and
remain in full force until such time as it is nullified by written agreement of the
parties.
B. This Agreement may be modified upon request by the parties and after the parties
mutually agree to the new terms.
Kansas Water Office Division of Water Resources Lower Smoky Hill Water
Department of Agriculture Supply Access District
v_I
Connie Owen Earl Lewis, P.E. Bill Longbine
Director Chief Engineer President, Board of Directors
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Date Da Date
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APPENDIX B:
GLOSSARY
Access District Storage: Storage within the Conservation Storage of Kanopolis Lake dedicated to
meeting the water supply needs of the Lower Smoky Hill Water Supply Access District members
through releases to the downstream river.
Conservation Storage: A storage pool within a reservoir residing below the bottom of the flood
control pool. Such storage provides water supplies, augments downstream low flows, supports
lake recreation, and provides aquatic habitat.
Diversion: The act of bringing water under control by means of a well,pump,dam,or other device
for delivery and distribution as authorized by a water right.
Member: Eligible water right holder who participates in and is subject to the rules and regulations
of the Lower Smoky Hill Water Supply Access District.
Natural Flow:Natural Flow is the aggregate of river gains downstream of the dam from tributaries,
runoff, baseflow, return flows, and bypassed reservoir inflows. It is streamflow available for
Diversion under the authority of a water right.
Program Area: The area of the Smoky Hill River below the Kanopolis Reservoir dam to the
confluence of the Smoky Hill River and the Saline River
Storage Allocations: A subdivision of Conservation Storage defined by percent of Conservation
Storage.
Target Flow: A flow value intended to provide adequate flow at Member intakes and support
instream purposes, such as water quality and aquatic life. Target flow values are achieved by
supplementary releases from Water Quality Storage and Access District Storage.
Water Marketing Program: The state program that allows municipalities and industries to enter
into long-term contracts for water supply from marketing storage in a given reservoir.
Water Quality Storage: A portion of Conservation Storage for downstream flow augmentation.
Water Marketing Storage: Storage within the conservation pool of a reservoir used to provide the
specific water supply amount that can be or is contracted to one or more entities under the state
water marketing program. The contracting entities may take the water through downstream
releases or direct withdrawal from the reservoir.
Water Supply Storage: A portion of Conservation Storage for water user demands, consisting of
Access District Storage and Water Marketing Storage.
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State of Kansas
Department of Administration
DA-146a (Rev.06-12)
CONTRACTUAL PROVISIONS ATTACHMENT
Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is
attached to the vendor/contractor's standard contract form,then that form must be altered to contain the following provision:
"The Provisions found in Contractual Provisions Attachment(Form DA-146a,Rev.06-12),which is attached hereto,are hereby
incorporated in this contract and made a part thereof."
The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof,said
contract being the 28th day of April,2017.
1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control
over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.
Any terms that conflict or could be interpreted to conflict with this attachment are nullified.
2. Kansas Law and Venue: This contract shall be subject to,governed by,and construed according to the laws of the State of Kansas,and jurisdiction
and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.
3. Termination Due To Lack Of Funding Appropriation: If,in the judgment of the Director of Accounts and Reports,Department of Administration,
sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges-hereunder,State may
terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the
end of its current fiscal year,and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract,
except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right,at the end of such fiscal
year,to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred
through the end of such fiscal year,plus contractual charges incidental to the retum of any such equipment. Upon termination of the agreement by
State,title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this
paragraph shall not cause any penalty to be charged to the agency or the contractor.
4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend,hold
harmless,or indemnify any contractor or third party for any acts or omissions.The liability of the State of Kansas is defined under the Kansas Tort
Claims Act(K.S.A.75-6101 et seq.).
5. Anti-Discrimination Clause: The contractor agrees:(a)to comply with the Kansas Act Against Discrimination(K.S.A.44-1001 et seq.)and the
Kansas Age Discrimination in Employment Act(K.S.A.44-1111 et seq.)and the applicable provisions of the Americans With Disabilities Act(42
U.S.C.12101 et seq.)(ADA)and to not discriminate against any person because of race,religion,color,sex,disability,national origin or ancestry,or
age in the admission or access to,or treatment or employment in,its programs or activities;(b)to include in all solicitations or advertisements for
employees,the phrase"equal opportunity employer";(c)to comply with the reporting requirements set out at K.S.A.44-1031 and K.S.A.44-1116;(d)
to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor;(e)that a failure to
comply with the reporting requirements of(c)above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights
Commission,such violation shall constitute a breach of contract and the contract may be cancelled,terminated or suspended,in whole or in part,by
the contracting state agency or the Kansas Department of Administration;(f)if it is determined that the contractor has violated applicable provisions
of ADA,such violation shall constitute a breach of contract and the contract may be cancelled,terminated or suspended,in whole or in part,by the
contracting state agency or the Kansas Department of Administration.
Contractor agrees to comply with all applicable state and federal anti-discrimination laws.
The provisions of this paragraph number 5(with the exception of those provisions relating to the ADA)are not applicable to a contractor who employs
fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total$5,000 or less
during the fiscal year of such agency.
6. Acceptance Of Contract: This contract shall not be considered accepted,approved or otherwise effective until the statutorily required approvals and
certifications have been given.
7. Arbitration,Damages,Warranties: Notwithstanding any language to the contrary,no interpretation of this contract shall find that the State or its
agencies have agreed to binding arbitration,or the payment of damages or penalties.Further,the State of Kansas and its agencies do not agree to pay
attorney fees,costs,or late payment charges beyond those available under the Kansas Prompt Payment Act(K.S.A.75-6403),and no provision will be
given effect that attempts to exclude,modify,disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law,
including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
8. Representative's Authority To Contract: By signing this contract,the representative of the contractor thereby represents that such person is duly
authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.
9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for,nor indemnify a contractor for,any federal,state or local
taxes which may be imposed or levied upon the subject matter of this contract.
10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject
matter relating to this contract,nor shall this contract require them to establish a"self-insurance"fund to protect against any such loss or damage.
Subject to the provisions of the Kansas Tort Claims Act(K.S.A.75-6101 et seq.),the contractor shall bear the risk of any loss or damage to any property
in which the contractor holds title.
11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to
information pursuant to K.S.A.46-1101 et sem .
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12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved,
but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."
13. Campaign Contributions/Lobbvine: Funds provided through a grant award or contract shall not be given or received in exchange for the making
of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee
of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding,extension,continuation,renewal,
amendment or modification of any government contract,grant,loan,or cooperative agreement.
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