Low-Flow River Regulation in Kansas Verdigris Basin: State, Federal, and Tribal Legal Involvement

Abstract

AbstractFederal agency reservoir operations and statutory, regulatory, and compact legal provisions affecting water in the Verdigris Basin in Kansas were analyzed for consistency. State statutes create a system of prior appropriation that incorporates vested riparian rights and a water-marketing contract program for state-owned storage in federal reservoirs. Minimum streamflow target flows for the Verdigris Basin in Kansas are outlined as a part of federal reservoir operations instead of state statute. The Kansas–Oklahoma Arkansas River Compact sets flow expectations and maximum reservoir conservation storage that can be developed in the basin, but does not address issues of reliance on current flows, climate change, or the possibility of the assertion of water rights by the tribes in Oklahoma and Kansas. Although the Kansas water management system works well in the field, potential legal issues could be minimized by consolidation of statutes and regulations regarding flow regulation in the Verdigris Basi...