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🎥 ‘It’s time we get it done’; City frustrated with delays in R9 Ranch water project

By BECKY KISER
Hays Post

Nearly four years ago, the cities of Hays and Russell filed applications with the state of Kansas requesting the transfer of water from their jointly-owned R9 Ranch in Edwards County to Hays in Ellis County.

They’re still waiting.

At the end of Thursday night’s Hays city commission meeting, Mayor Henry Schwaller read a brief historical statement about the project to acquire a long term water supply. He acknowledged “the process is long.”

The Water Transfer Act, which takes water from one water basin to another, has never been triggered in Kansas.

Schwaller said the city has had a good working relationship with the Division of Water Resources (DWR), part of the Department of Agriculture. DWR is the state agency that will issue the final Master Order to allow the use of the water.

“To make this relationship work out, Hays and Russell went so far as to reduce the amount of water, called consumptive yield, that we would use from the R9 Ranch, far below what the state statutes allow,” Schwaller said, “with the promise this would speed up the process of approval.

“Unfortunately, it has not.”

Schwaller said the cities “will continue to work over the next three months with our representatives in Topeka and state officials to make this project happen.”

Each of the other Hays commissioners chimed in with their support of Schwaller’s statement.

“It’s beyond time for the state to step up to the plate, cross the t’s, dot the i’s and finish this,” said Commissioner James Meier.

“It’s my personal opinion that we have been treated quite differently from anybody else who would have filed a change order application. Some of that is justified because we knew there would be a transfer process at the end of this, but the vast majority of it, quite unfairly.”

In Feb. 2018, during Meier’s tenure as mayor, he and City Manager Toby Dougherty met with then newly-elected governor Jeff Colyer in Topeka, after Meier complained publicly about Colyer not meeting with the city when he was in his home town of Hays on the day he was sworn into office.

The next month, Meier announced he had received a communication from the governor’s office indicating the Master Change Order should be finished in May, 2018.

Kansas now has a new governor, Laura Kelly and a new Secretary of Agriculture, Mike Beam.

“Very frustrating,” agreed Commissioner Ron Mellick. “We’ve been getting promises that haven’t been met.

“As a commission we’re going to start pushing a little harder. It’s not about playing nice. It’s about elected and appointed officials doing what they’re supposed to do.”

Sandy Jacobs is the shortest-serving city commissioner –  two years – and said the water situation is the “only issue and frustration for me. It’s not been dealt with by me as long as it has by every other commissioner on this panel today.

“We’ve done everything we’re supposed to do,” Jacobs stressed. “We have a city manager that’s led us through the process that knows more about water and what’s going on in the state of Kansas than about anybody.

“It’s time we get it done.”

Vice-mayor Shaun Musil pointed out the water project is “not only for Hays, but our neighbors and western Kansas.

“We need western Kansas to grow and if we don’t get this soon, it’s going to hurt for a long time. I hope the mayor continues to push on this.”

The communities of Ellis, Victoria and La Crosse have supported the project and may become potential purchasers of the water in the future.

Following a public hearing in Greensburg last June, DWR Chief Engineer David Barfield began preparing the Master Order.

“The order is actually written,” Schwaller said after Thursday’s city commission meeting. “He is putting in the facts and bullet points he thinks are important that he got from that meeting before issuing it.”

According to Schwaller, the city was told the order would be completed before Christmas.

“There’ve been some friendly communications, some confusing communications. We do continue to stay in touch with the Division of Water Resources but we’re not gaining any ground.”

“Our communities in the region need the R9 Ranch in order to remain economically viable,” Schwaller said.

“This will be the largest project in our cities’ history and we are very concerned about the delay in issuing that Master Order.”

Schwaller added that he hopes to have some new information about the project status on Tuesday.

An archive of the city of Hays/R9 Ranch Water Right Changes and Water Transfer Application is available on the KDA/DWR website.

BOOR: Gardening season is right around the corner

Alicia Boor

It’s the time of year when many gardeners are looking forward to nicer days ahead spent outside tending their plants. Many use this time to plan what plants they are going to buy, and research what varieties preformed the best last year. Every year, K-State Research and Extension compiles all of their horticulture research results on their website for easy access.

If you have had trouble finding a listing of plants recommended for Kansas, visit our web page devoted to this topic. We have links to a wide variety of plants including annual flowers, perennial flowers (including breakouts for iris and daylilies), fruit, vegetables, turfgrass, low-maintenance roses and tree recommendations that are broken out by areas of the state. We also list recommended low water use plants. You can find this page at https://hnr.k-state.edu/extension/info-center/recommended-plants/.  We also have images of hundreds of the following: – Varieties of iris, daylilies, roses and peonies found in the University Gardens Collection Gardens at https://www.k-state.edu/gardens/gardens/collections/.  Annual flowers recommended for Kansas at https://www.prairiestarflowers.com/Prairie_Star_nav.html.  Perennial flowers at https://www.prairiestarflowers.com/Prairie_Bloom_nav.html.

If you find something that you would like more information on, you can always call the Extension office at 620-793-1910 or come by the office at 1800 12th Street in Great Bend and we will be happy to help you. Through K-State and your local office, we can help you have a beautiful and productive garden this year using research and knowledge to give you a head start.

Alicia Boor is an Agriculture and Natural Resources agent in the Cottonwood District (which includes Barton and Ellis counties) for K-State Research and Extension. You can contact her by e-mail at [email protected] or calling 620-793-1910.

Fourth-ranked Tiger women roll past No. 25 Lindenwood

HAYS, Kan. – Lanie Page scored a game-high 19 points and blocked five shots to lead the fourth-ranked Fort Hays State women to 77-52 win over No. 25 Lindenwood in front of 2,585 Thursday night at Gross Coliseum. The Tigers shot a season-high 53.6-percent while holding the Lions to a season-low 31-percent shooting as they win their seventh straight.

Tony Hobson Postgame Interview

Game Highlights

After trailing by four early in the game, FHSU (22-1, 13-1 MIAA) took the lead for good with a 10-0 first quarter run. After Lindenwood (16-5, 10-4 MIAA) pulled within three at the quarter break, the Tigers scored the first eight points of the second quarter and led by 11 at halftime. They opened the third quarter with a 10-2 run and led by as many as 27 in the fourth quarter.

Tatyana Legette and Taylor Rolfs both scored 12 points while Belle Barbiere and Whitney Randall added 10 each.

Kallie Bildner, who leads the MIAA in both scoring and rebounding, recorded her 40th career double-double with 15 points and 10 boards to lead the Lions.

U.S. Marshals capture Kansas man wanted in two federal cases

SHAWNEE COUNTY — Law enforcement authorities are investigating a Kansas felon wanted in two federal cases.

Hawley-photo KDOC

On Thursday,  the U.S. Marshal’s Fugitive Apprehension Task Force and the Kansas Highway Patrol arrested Ryan Michael Hawley, age 29, in Topeka.

According to a media release from the U.S. Marshal’s service, Hawley was wanted by the U.S. Marshals Service for Violations of Supervised Release on two federal cases; escape, and felon in possession of a firearm.  Hawley has pending state charges of fleeing and eluding, interference with a law enforcement officer, and he is also a suspect in an attempted robbery and a recent drive-by shooting.  Hawley had allegedly made threats to shoot law enforcement and has been involved in numerous recent police pursuits, successfully evading arrest until today.  Hawley has an extensive and violent criminal history including weapons offenses, assaults, and escape.

During their investigation, the Fugitive Task Force located Hawley at the Relax Inn, 3802 S. Topeka Blvd. in Topeka, KS.  Hawley was observed by the Fugitive Task Force as he exited the motel room and entered a nearby vehicle.  The Fugitive Task Force and the Kansas Highway Patrol were conducting a coordinated vehicle takedown when Hawley attempted to flee the motel property. During his attempt to elude law enforcement, Hawley struck multiple vehicles on the motel property before task force members were able to pin Hawley’s vehicle, preventing him from escaping apprehension.  Hawley was taken into custody and a loaded handgun suspected to be fully automatic was recovered in the vehicle.  Hawley is awaiting further federal court proceedings.

Hawley has previous convictions for interference with law enforcement, theft and for an aggravated weapons violation, according to the Kansas Department of Corrections.

Cold, wet Friday

Friday Snow, possibly mixing with freezing rain after 11am, then gradually ending. High near 22. East northeast wind 7 to 10 mph. Chance of precipitation is 90%. Little or no ice accumulation expected. New snow accumulation of 1 to 2 inches possible.

Friday NightMostly cloudy, with a low around 14. Wind chill values as low as 3. East wind around 8 mph.

SaturdayMostly cloudy, with a high near 30. Wind chill values as low as 3. Southeast wind 8 to 13 mph.

Saturday NightA chance of snow and freezing rain before midnight. Mostly cloudy, with a low around 18. East wind 6 to 9 mph becoming northwest in the evening. Chance of precipitation is 30%.

SundayMostly sunny, with a high near 31.

Sunday NightPartly cloudy, with a low around 11.

Man accused of binding dog, tossing him out in the cold

JEFFERSON COUNTY (AP) A man faces charges accusing him of binding a dog’s legs and mouth with tape and throwing the animal into a ditch, where it was found 12 hours later in the bitter cold.

Garcia -photo Jefferson Co.

Jefferson County Missouri Sheriff Dave Marshak on Thursday announced the arrest and charges against 39-year-old Paul Garcia of Barnhart. He is jailed on $50,000 bond on charges of animal abuse and armed criminal action.

The rescued black and brown dachshund, Jimmy, is improving.

The small dog was found early Saturday along Highway M. Marshak says electrical and duct tape was wrapped around Jimmy’s mouth and muzzle; the front legs were bound together by tape, as were the back legs.

A deputy found the dog. Authorities believe Jimmy had been at the spot for around 12 hours.

Tigers can’t overcome slow start in loss to Lindenwood

HAYS, Kan. – Devin Davis scored a career-high 18 points and Brady Werth recorded a double-double with 16 points and 11 rebounds but it wasn’t enough as Fort Hays State couldn’t recover from a slow start in a 73-67 home loss to Lindenwood Thursday.

The Lions (12-14, 5-9 MIAA) raced out to an early 12-point first half lead and would never trail again. The Tigers (14-9, 8-6 MIAA) answered with a 13-2 run and pulled within one on a Brady Werth three-point play with 2:33 left in the half. Lindenwood closed out the half on a 7-2 run and led 37-31 at the break.

Mark Johnson Postgame Interview

Devin Davis Postgame Interview

Game Highlights

FHSU closed the gap to two early in the second half but could never get any closer. A Devin Davis three-point play had the Tigers within three at 51-48 with 9:33 left but a 10-4 Lindenwood run pushed the lead to nine at the 5:28 mark. The closest the Tigers would get the rest of the way was five as they lost at home for only the second time this season.

Chandler Diekvoss led Lindenwood with 26 points and 10 rebounds. Diego Womack added 16 points and nine boards while the MIAA’s leading scorer, Brad Newman was held to 12, nine below his season average.

Tiger baseball drops pair to Wildcats

HAYS, Kan. – The Fort Hays State baseball team dropped both games of the double header to Wayne State (Neb.) on Thursday (Feb. 14). The Tigers dipped to 0-8 on the season, while the Wildcats moved to 5-1 overall.

Game One: Wayne State 9, Fort Hays State 3
The Tigers struggled to get the bats going early, collecting just one hit over the first four innings. The Wildcats played from in front all afternoon after Kyle Thompson sent a two-out grand slam over the wall in left in the top of the first.

Trailing 8-0, the Tigers got on the board in the fifth thanks to a two-out rally. Jordan Wilkerson worked a walk before Dawson Sramek beat out an infield single. The pair moved up a bag on a passed ball, allowing Wilkerson to later score on an error.

The Tigers added two more runs in the bottom of the sixth when Taylan Mullins-Ohm lifted a pinch-hit home run to left center in his first at bat of the season, closing within 8-3.

Cole Zimmerman (0-2) made the start for FHSU, allowing six runs on four hits over 3.0 innings of work. Chase Werth came out of the bullpen to toss 2.2 effective frames, allowing one run on three hits.

Game Two: Wayne State 13, Fort Hays State 7
The Tigers had trouble putting together hits in the early-going, as they produced just two hits across the first three innings. The Wildcats got off to another hot start as Andrew Hansen launched a one-out 2-run home run over the wall in left center in the first inning.

Trailing 8-0, the Tigers plated their first run of the game when Landon Erway tripled to right center and crossed home plate when Cody Starkel singled through the right side.

Wayne State pushed across two more runs in the top of the fifth. Marcus McDaniel and Tim Fitzgerald then drew back-to-back walks to lead off home half. Both Tigers came around to score a few batters later after a couple Wildcat fielding errors.

The Tigers put together a nice comeback bid in the eighth inning with four runs on five hits. Erway led off with a single up the middle of the diamond before Jared Haynes added his own single, beginning the late run for the Tigers. Marcus McDaniel produced an RBI double the next batter, plating Erway from third. Taylan Mullins-Ohm cut the deficit to 10-6 with a two-out 2-RBI single through the right side of the infield, scoring Haynes and McDaniel. Ryan Grasser avoided another strikeout in the contest by plating Mullins-Ohm with an RBI single to left.

Wayne State tacked on three more runs in the top of the ninth and their closer, Charles Hasty, shut down the Tiger offense, sweeping the series.

Cody Rottinghaus (0-2) made the start for FHSU, allowing eight runs spanning 3.2 innings of work. Ryan Brown worked out of the bullpen to toss 1.1 innings, allowing two runs on one hit. Jake Taylor finished off the game for the Tigers with four strikeouts across four innings.

Fort Hays State will begin a three game road swing when they face off against Missouri Western next weekend (Feb. 22-24) in St. Joseph, Mo. First pitch on Friday is set to commence at 2 p.m. from Griffon Baseball Field.

Russell man arrested on suspicion of child pornography

On Thursday, special agents of the Kansas Bureau of Investigation arrested a Russell man for his alleged involvement with child pornography.

On Thursday at approximately 11:30 a.m., Kenneth D. Herd, 54, Russell, was arrested at Enersys where he was employed in Hays, according to the Sedgwick County booking report.

Herd was arrested for transportation of child pornography, and possession of child pornography. The crimes are alleged to have occurred in Lyons.

The arrest follows a Jan. 30 federal grand jury indictment for the child pornography related offenses. After his arrest, Herd was transported to Wichita where he was booked into the Sedgwick County jail.

The United States Attorney’s Office will prosecute the case.

Lawsuit launched to protect imperiled Lesser Prairie Chicken

Lesser prairie chickens

WASHINGTON— Conservation groups filed a notice today of their intent to sue the Trump administration for failing to protect severely imperiled lesser prairie chickens under the Endangered Species Act.

The groups petitioned the U.S. Fish and Wildlife Service to protect the birds in September 2016. The agency promised to make a decision on that protection by the end of summer 2017, but failed to do so.

“The Trump administration’s foot dragging is placing these unique, dancing birds at serious risk of extinction,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “The Endangered Species Act has saved more than 99 percent of the species under its protection. It can save the lesser prairie chicken too, but only if the birds are listed as a threatened or endangered species.”

In 2014 the Fish and Wildlife Service listed the lesser prairie chicken as threatened. But protection was overturned on procedural grounds after a lawsuit from the Permian Basin Petroleum Association and four counties.

The bird lives in Colorado, Kansas, New Mexico, Oklahoma and Texas. It is severely threatened by habitat loss and fragmentation caused by oil and gas development, cropland conversion, livestock grazing and roads and power lines.

“Listing the lesser prairie chicken as threatened or endangered is the first step toward recovering this iconic species,” said Jason Rylander, senior counsel at Defenders of Wildlife. “The lesser prairie chicken has waited long enough for Endangered Species Act protection. It’s time for the Trump administration to act.”

In addition to habitat loss, the lesser prairie chicken is threatened by climate change. The summer of 2011 saw some of the hottest and driest conditions on record in the Southern Plains, with ground temperatures exceeding 130 degrees Fahrenheit, a critical threshold above which lesser prairie chicken eggs cannot survive.

The following year prairie chicken populations plummeted to their lowest levels in decades. Overall, global warming is expected to drive a four-fold increase in the number of 100-plus degrees days on the Southern Plains.

“These incredible birds deserve better than continuing neglect from the Trump administration,” said Taylor Jones, an endangered species advocate at WildEarth Guardians. “Threats from climate change and habitat loss continue to grow, and this species needs the strongest legal protections possible to escape extinction.”

The lesser prairie chicken — an icon of the Southern Plains — once numbered in the millions but has declined to just roughly 38,000 birds across less than 17 percent of its original range. Experts estimate the population of lesser prairie chickens at 3 million birds before the beginning of Euro-American settlement on the Great Plains.

The petitioners are WildEarth Guardians, Defenders of Wildlife and the Center for Biological Diversity.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.4 million members and online activists dedicated to the protection of endangered species and wild places.

Defenders of Wildlife is dedicated to the protection of all native animals and plants in their natural communities. With over 1.8 million members and activists, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come. 

WildEarth Guardians protects and restores the wildlife, wild places, wild rivers, and the health of the American West.

– SUBMITTED –

Indictment: Kansas couple crashed car into Cabela’s to steal guns

KANSAS CITY, KAN. – A man and a woman from Kansas were indicted Wednesday on federal charges of crashing a car into a Cabela’s store and stealing guns, according to U.S. Attorney Stephen McAllister.

Tosh -photo Wyandotte Co.
Mendez-photo Wyandotte Co.

Kyle Mendez, 29, Kansas City, Kan., and Brenda Tosh, 27, Kansas City, Kan., were charged with one count of conspiring to steal guns from a federally licensed firearms dealer. In addition, Mendez was charged with two counts of unlawful possession of firearms by a convicted felon and one count of transporting a stolen 2014 Dodge Challenger across state lines. The crimes are alleged to have occurred Nov. 6, 2018, in Kansas City, Kan.

The indictment alleges the defendants entered the Cabela’s store in Kansas City, Kan., by crashing a car through an exterior door. Mendez smashed through a locked door to get into the store’s Gun Library. The defendants took long guns from the firearms section of the store and placed them into a shopping cart. The guns included two 12-gauge shotguns, a .22-caliber rifle, a .308-caliber rifle and a .223-caliber rifle.

Before the defendants could get away with the guns, however, law enforcement officers arrived at the store. Tosh was arrested at the scene. Mendez fled from the store and was arrested later.

Upon conviction, the crimes carry the following penalties:
Unlawful possession of firearms by a felon (count one and count two): Up to 10 years in federal prison and a fine up to $250,000.
Theft from a federally licensed firearms dealer (count three): Up to five years and a fine up to $250,000.
Transporting a stolen car (count four): Up to 10 years and a fine up to $250,000.

Update: Documents raise questions about $17M in Kan. child welfare grants

 
By JOHN HANNA 
TOPEKA, Kan. (AP) — Kansas has terminated grants to two nonprofit agencies for services for troubled families and plans to renegotiate the grant terms to four agencies for services for foster children, Democratic Gov. Laura Kelly announced Thursday.
The moves made by Kelly’s interim leader at the Department for Children and Families undo key decisions made at DCF under former Republican Gov. Jeff Colyer. The new governor had criticized the grants and the department for forgoing the normal state contracting process.Kelly’s announcement came a day after media reports that newly released state documents showed one grant recipient had earned low scores in an internal review and didn’t even apply for $17 million of the work. But Kelly had publicly pressured DCF into putting the grants on hold before she took office last month.

“It was crucial that my administration had the opportunity to review the grants before they moved forward,” Kelly said during a Statehouse news conference. “There were clear flaws and inconsistencies in the grants that were awarded.”

In recent years, the department has faced questions about several high-profile deaths of abused children after DCF was alerted to problems. Until September, some children in state custody slept overnight in foster care contractors’ offices, including a 13-year-old girl who in May was raped in an office.

The grants were awarded to a total of five nonprofit agencies only days before Kelly was elected governor and were to last four years, starting July 1. They committed Kansas to higher spending on services aimed at preserving troubled families and services for abused and neglected children in the state’s foster care system.

Under the grants, the state was set to spend a total of $245 million on foster care services during the budget year beginning July 1. The increase would be $35.5 million, or 17 percent.

The governor said DCF will extend existing contracts for foster care services for another three months, through September, so that it can negotiate the new grants with the four agencies that received them.

Interim DCF Secretary Laura Howard said the department wants to make sure the grants line up with the department’s new focus of working to keep children out of foster care.

Senate Majority Leader Jim Denning, an Overland Park Republican, said he’s comfortable with the changes if DCF is getting “a better deal” for taxpayers and its clients while avoiding lawsuits.

“I’m just assuming she’s got those bases covered,” Denning said.

Kelly said DCF will extend existing contracts for family preservation services for another six months, through the end of this year, so that it can take bids using the state’s normal contracting process. The grants had gone to Eckerd Connects, based in Clearwater, Florida, and Cornerstones of Care, based in the Kansas City area.

Cornerstones President and CEO Denise Cross said in a statement that the decision to take new bids for the family preservation grants was “disappointing” because it was planning to provide “trauma-informed care” for children in northeast Kansas.

But Cross added, “We plan to pursue every opportunity to help ensure safe and healthy communities for Kansas’ children.”

Eckerd was to provide family preservation services in the rest of Kansas, 100 of 105 counties, even though it didn’t apply for work in western and central Kansas.

And more than 13,000 pages of records released to The Star this week by Department of Children and Families show that in the other two areas, the agency’s bids and review scores were considerably lower than the agencies the review panel recommended.

Ellen Standlee, operations director for Eckerd’s Kansas programs, said the state has the authority to cancel the grants “for convenience” and “we respect their decision to do so.”

“Eckerd Connects looks forward to continuing to partner with the Department and serve the children and families of Kansas,” Standlee said in a statement.

___

 

TOPEKA, Kan. (AP) — Kansas awarded millions in grants to a troubled Florida agency to provide child welfare services, even though it earned low scores in an internal review and didn’t apply for some of the work.

Eckerd Connects was selected last year to provide services in the state’s east, west and Wichita regions under a grant process. In the past child welfare funds were typically distributed through contracts.

For the western region, Eckerd Connects was awarded $17 million, even though it didn’t initially apply. Documents show that in the other two areas its bids were considerably lower than the agencies the review panel recommended.

The Department for Children and Families officials says it’s reviewing the family preservation grants awarded during the previous administration.

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