This memorandum describes the administration of water in Kansas by state agencies, including which state agencies have the primary duty regarding administration of water and other state agencies that have smaller roles regarding the state’s water supply.
Administration of Water in Kansas
The administration of water in Kansas – generally regarding its allocation, cleanliness, and availability – is, for the most part, divided among three state agencies:
- Division of Water Resources (DWR), Kansas Department of Agriculture (KDA);
- Bureau of Water, Kansas Department of Health and Environment (KDHE); and
- Kansas Water Office.
The following state agencies and entities have limited roles in the administration of water:
- Adjutant General’s Office;
- Department of Commerce;
- Division of Conservation, KDA;
- Bureau of Environmental Field Services, KDHE;
- Bureau of Environmental Remediation, KDHE;
- Bureau of Waste Management, KDHE;
- Kansas Biological Survey;
- Kansas Corporation Commission;
- Kansas Department of Wildlife and Parks;
- Kansas Forest Service;
- Kansas Geological Survey; and
- Kansas State Research and Extension.
State Agency Roles
Division of Water Resources, Kansas Department of Agriculture
The DWR in the KDA is under the direction of the Chief Engineer, who administers 30 laws and responsibilities, including the Kansas Water Appropriation Act (Act). The Chief Engineer also governs how water is allocated and used; regulates the construction of dams, levees, and other changes to streams; oversees the State’s four interstate river compacts; and coordinates the National Flood Insurance Program in Kansas.
One of the most important programs the DWR administers is the Water Appropriation program, which is authorized by the Act and directed by rules and regulations regarding the granting and perfecting of water rights.
This program also coordinates with groundwater management districts, irrigation districts, rural water districts, public wholesale water supply districts, and water assurance districts; administers the Water Transfer Act and Water Banking Act; administers intensive groundwater use control areas (IGUCAs), local enhanced management areas (LEMAs), and water conservation districts; and performs other functions related to water rights and use.
In 2023, the Kansas Water Appropriation Act turned 78 years old. It continues to be amended by the Legislature nearly every legislative session as needs, technologies, and available water continue to change over time.
Bureau of Water, Kansas Department of Health and Environment
Much of the authority for measuring and maintaining water quality rests with the Bureau of Water in KDHE. Although most of the State’s water quality programs have their home in KDHE, some do not. For example, when oil and gas activities have been the source of water pollution, the Kansas Corporation Commission has authority for remediation.
Examples of water quality programs administered by KDHE include:
- Clean drinking water standards;
- Harmful algal blooms management and surface water quality standards;
- Livestock Waste Management program;
- Municipal, commercial, and industrial wastewater lagoon regulations;
- Watershed management; and
- Water Well program.
Kansas Water Office
The Kansas Water Office was established as the water planning, policy, coordination, and marketing agency for the State. The primary function of the agency is the development and implementation of the Kansas Water Plan that is determined in coordination with the Kansas Water Authority. The Kansas Water Authority also receives input from 14 regional advisory committees that represent the 14 watersheds in the state.
The Kansas Water Office also oversees various water projects that occur all over the state for water conservation, water management, technology and crop varieties, and additional sources of water supply. In addition, the agency monitors the storage capacity of the federal reservoirs in Kansas, climate and drought conditions, and outlook.
by Meredith Fry
Senior Research Analyst
785-296-7882