Official says Ottawa better off than those down the river

Water. It's essential to all of us. But pollution and limited resources threaten our water supplies, and a confusing web of entities control who gets water and how much. The Herald's exclusive, six-part series examines important water issues facing Franklin County.

Deciding who gets water and how much -- especially during times of drought -- is the subject of a complicated and arcane system called "water rights."

In Kansas, water rights -- the definition varies slightly from state to state -- allow a person, a corporation, city or other public entities to use

In Kansas, the right to use water is based on the principle of ''first in time, first in right.'' So in times of shortage, that means the first person, corporation or municipality to get a water right can use all the water they're entitled to, even if that means taking the last drop available.

Water rights depend on when the right was bought or assigned and where the water comes from. And in many cases, the Department of Water Resources in the Kansas Department of Agriculture, which administers water rights and water law, can revoke or restrict water users depending on water availability and other conditions.

Ottawa has enough water rights from the Marais des Cygnes River and Pomona and Melvern lakes to take care its water needs for several years -- through 2018, Dale Howard, city environmental services director, said.

The city has been negotiating to buy additional "water assurance" rights from Pomona Lake that, with the city's projected growth, will be enough through 2040, he said.  

Ottawa is better off than many cities or people in most of western Kansas, where there's no new water available.

The water rights have become a flash point in western Kansas as that area, which is heavily dependent on ground water, sees its big aquifers, the Ogalallah and the Equus Beds, shrink from heavy agricultural and irrigation use.

Because Ottawa is one of the cities closest to its main water supplies -- Pomona and Melvern lakes, which regulate the flow of the Marais des Cygnes River -- the city can be sure that the river's flow remains above minimums that would prompt the state cut back water users, Howard said.

"Ottawa is better off than those who are down river," Howard said.

Ottawa and other users have to document their annual water use, he said.

And even though eastern Kansas hasn't faced severity of water problems in western Kansas, cheaters have been caught taking more water out of the Marais des Cygnes River than allowed, he said.

The Associated Press contributed to this report.