Rattlesnake Creek Watershed proposal alarms Kansas counties 

Kansas National Resource Coalition President Bob Rein is calling a recently released Draft Environmental Impact Statement for the Rattlesnake Creek Watershed Plan what it is. 

“This is a federal plan to forcibly take Kansas farmland and water to meet unrealistic wildlife refuge demands—without fixing the federal agency’s own failed water management,” Rein said in a news release. 

KNRC, representing 33 boards of county commissioners across central and western Kansas, is raising serious objections to the recently released DEIS from federal agencies for the Rattlesnake Creek Watershed Plan. The use of eminent domain to forcibly secure land and water rights for an augmentation project that’s aimed at diverting groundwater to the Quivira National Wildlife Refuge is at the top of Rein’s list. 

The DEIS states that land acquisition and water right retirement will be required, and acknowledges that if landowners do not voluntarily cooperate, eminent domain may be used to seize property, according to a June 4 news release.  

KNRC believes the plan represents a clear violation of private property rights under both Kansas and federal laws. KNRC submitted comments June 2, pointing to unassessed taking implications, a failure to comply with the Kansas Private Property Protection Act, and the absence of any takings analysis as required under Kansas statute (K.S.A. 77-701 et seq.) and Executive Order 12630. 

To KNRC, this means, the DEIS fails to meaningfully analyze alternatives—including water conservation practices inside the refuge—that would avoid forced acquisition of private land. Technical comments by KNRC argue that the U.S. Fish and Wildlife Service has not maintained its existing water infrastructure at Quivira NWR and may be contributing to its own impairment through poor management and failure to maximize water retention. 

“This is a manmade canal system—created and maintained by people—not a natural wetland,” Tracey Barton, executive director of KRNC said. “It’s indefensible for the federal government to demand more water from Kansas producers while refusing to maintain its own infrastructure. 

In addition to the eminent domain threat, KNRC also cites: 

• Failure to coordinate with affected county governments as required under NEPA and Executive Orders 12372 and 13132. 

• Lack of demonstrated benefit to agriculture or rural communities—despite statutory requirements under 16 U.S.C. § 1002. 

Misuse of federal funds for a project with no guarantee of success due to unrealistic hydrological assumptions. 

According to the news release, KNRC is calling on the Natural Resources Conservation Service to either prepare a supplemental EIS—in full coordination with affected Kansas counties—or restart the process entirely. 

“Federal wildlife management should not come at the expense of Kansas families, farms, and local county government coordination,” Rein said. “This plan needs to go back to the drawing board.” 

For more information about KNRC visit www.knrc.org. 

Kylene Scott can be reached at 620-227-1804 or [email protected].