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Minutes for HB2433 - Committee on Local Government
Short Title
Clarifying county authority over the transfer or appropriation of water by placing such authority, except for domestic use, with the chief engineer and water transfer hearing panel.
Minutes Content for Wed, Jan 28, 2026
Chairperson Bergquist opened the hearing on HB2433.
Jason Long, Revisor of Statutes, (Attachment1) explained that this bill would amend K.S.A. 19-101a, which is the county home rule statute.
Representative Barb Wasinger, District 111, (Attachment 2) testified as a proponent. She explained that the the bill gives guardrails for Counties to follow.
Todd Luckman, Kansas Rural Water Association (Attachment 3), testified as a proponent. It is his view that state law prohibits counties from using home rule, K.S.A. 2025 Supp. 19-101a, as authority for creating barriers to the use of water that has been approved for use by the Chief Engineer. This bill would strengthen this prohibition.
Mason Ruder, Mayor, City of Hays, (Attachment 4), testified as a proponent. He explained that this bill would provide clarity, consistency, and protection for water right owners across Kansas.
The following provided written only proponent testimony:
- Dustin Madden, Council Member, City of Russell, (Attachment 5)
- Jason Williby, Fort Hays State University Foundation (Attachment 6)
- John O. Farmer, John O. Farmer Incorporated (Attachment 7)
- Mike Parsons, Executive Director, County Economic Development and Convention and Visitors Bureau(Attachment 8)
- Janae Talbott, Public Relations Director, Russell Regional Hospital (Attachment 9)
- Doug Williams, Executive Director, Grows Hays, Incorporated (Attachment 10)
- Edward Herman, President and CEO, HaysMed (Attachment 11)
- Janis Lee, Retired Senator (Attachment 12)
- Sarah Wasinger, President and CEO, The Chamber in Hays (Attachment 13)
- Greg DuMars, Kansas Municipal Utilities (Attachment 14)
- Jim A. Cross, Mayor, City of Russell (Attachment 15)
- Steven Ellis, Purefield Ingredients LLC (Attachment 16)
- Jeff Ochampaugh, President, Agrilead Incorporated (Attachment 17)
- Jordan Perez, USD 407 Superintendent (Attachment 18)
Chairman Bergquist invited anyone else that wanted to speak to the bill.
Joseph Rupnick, Prairie Band Pottawatomie Nation,(Attachment 19) testified as neutral to the bill. He reminded the committee of the longstanding federal Winters doctrine, which establishes that when the United States created Indian reservations, it implicitly reserved sufficient water rights to fulfill the purposes of those reservations.
Bob Rein, President, Kansas Natural Resource Coalition (Attachment 20) testified as an opponent to the bill. He explained that Kansas relies on locally driven decision-making to address complex issues, it is prudent for state leaders to respect the long-established authority of local governments to act on matters most directly affecting their constituents.
The following provided written only opponent testimony:
- Mark Frame, County Attorney, Edwards County (Attachment 21)
Chairman Bergquist closed the hearing on HB2433.
Chairman Bergquist asked if there were any corrections to the draft minutes. Seeing none, the draft minutes dated 1/14/2026 and 1/21/2026 would be considered approved.
Meeting adjourned at 10:10 a.m.
