ansas Rural Water Associationrecently commented on several bills

at legislative hearings in the KansasLegislature. Excerpts are printed below.

HB 2439: Would create the SustainableDrinking Water Source Protection Fee Fundand authorize the Kansas Water Office toexecute contracts and issue revenue bondsfor the purpose of paying all or part of thecost of acquiring storage in water supplylakes and reservoirs and the cost ofinfrastructure protection and restoration ofthose lakes and reservoirs and to provideadequate funding to ensure that neededtechnical assistance is available to publicwater systems.

KRWA comments: There has been muchdebate as to what the State of Kansasshould do to protect and rehabilitate itssurface water reservoirs. There iscontinuing debate concerning howmunicipal water systems are to continue toprovide essential service to communitiesand rural areas. This issue is paramount inmany smaller communities due tocontinued reduction of human capital tooperate and maintain those utilities – and

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February 2014 Vol. 2

Clarifier February 2014

IN THIS ISSUE...■ KRWA Takes Positions on Legislation

■ National RUS Administrator to Attend KRWA Conference

■ Proposed Fee Changes for KDHE Laboratories

■ KRWA Participates in Rural Water Rally

■ Update: Lead-Free Hydrants; Low-Lead Brass

■ KRWA GPS Mapping Update

■ Wisconsin Researchers Find Estrogen in Well Water

■ Plan Now to Attend 2014 Conference

This issue of “The Clarifier” ispublished by the Kansas Rural WaterAssociation and is provided to waterand wastewater utilities, associatemembers, agencies and otherfriends. Have a comment? Send it toKRWA at P.O. Box 226, Seneca, KS66538; ph. 785/336-3760; e-mail:krwa@krwa.net. This newsletter isin addition to KRWA’s regular newsmagazine, The Kansas Lifeline.

especially so because of the ever‐increasingand more stringent regulations imposed bythe Safe Drinking Water Act.

More than 450 municipalities and 270rural water and public wholesale watersupply districts are active members of theKansas Rural Water Association. Hundredsof these communities rely on the assistancethat is available as a benefit of the presentClean Drinking Water Fee. Communitiesthat rely on surface water for their supplyare concerned with the adequacy of theirsupplies.

The Association supports legislation thatwill help ensure the viability andsustainability of public water systems. TheAssociation encourages the KansasLegislature to act on legislation that willfully fund the Kansas Water Plan.

HB 2313: Would exempt rural waterdistrict board members from filingStatements of Substantial Interest

KRWA comments: Rural water districtsenjoy all the benefits of their governmentalstatus. They are tax‐exempt, have no taxreporting obligations, are able to borrow attax‐exempt rates, are eligible for grants

and governmental loans, have tort claimsact protection, etc., etc. The Associationsees no rational basis for why members ofother governing bodies – cities, counties,etc., have to complete a Statement ofSubstantial Interest but rural water districtsdirectors would not. The Association knowsof many rural water district directors whoresist the requirement as in unreasonableintrusion, but it is not. KRWA has providedinformation and education on this topicand has suggested that the statements be

Readers are encouraged to follow legislation that KRWA is tracking on www.krwa.net.See “Legislative News” under the “Online Resources” link.

The State of Kansas maintains a comprehensive Legislative Web site:http://www.kansas.gov/government/legislature/. From this site, you can view and track all bills,read journals and resolutions, contact legislators by email and check on legislative committeeschedules and calendars.

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Continued on Page 2

2 Clarifier February 2014

ohn CharlesPadalino,

Administrator of theDepartment ofAgriculture’s RuralUtilities Service (RUS), aRural Developmentagency, is planning toattend the 2014 AnnualConference & Exhibitionsponsored by KRWA.Administrator Padalinowill make brief remarksat the Opening Session,Wednesday, March 26in Concert Hall.

Mr. Padalino’s appointment asAdministrator follows his role as ActingAdministrator for USDA RuralDevelopment’s Rural Business-Cooperative Service (RBS). Beforecoming to RBS, Mr. Padalino served asthe Acting Principal Deputy GeneralCounsel for the Office of GeneralCounsel and as Chief of Staff for formerUSDA Rural Development UnderSecretary Dallas Tonsager.

Mr. Padalino holds a Bachelor of Artsdegree from the University of Texas atAustin and a law degree from RutgersSchool of Law. In his professionalcareer, Mr. Padalino practiced law in El Paso, Texas, where he representedrural water districts, litigated complexcommercial cases, and briefed casesbefore the appellate courts of Texas and

National RUS Administrator and Other USDAOfficials to Attend KRWA Conference

the United StatesCourts of Appeal.

Prior to becominga lawyer, Mr.Padalino worked inthe water andwastewaterindustry.

RUS, thesuccessor to theRural ElectrificationAdministration, hasfunded rural electriccooperative utilitiessince its creation

May 11, 1935. Currently, RUS has morethan $60 billion in assets undermanagement to finance electric,telecommunications and water andwastewater utilities serving rural areasnationwide.

Other officials from the NationalUSDA who will be attending theconference include Jacki Ponti-Lazaruk,Assistant Administrator, Water andEnvironmental Programs; Kent Evans,Director of Water Programs; and,LaVonda Pernell, Community ProgramsSpecialist.

USDA and KRWA are collaborating topresent the “Workshop In A Box” at theKRWA conference on Tuesday, 3/25.Special invitations are being extendedto USDA borrowers and thosecommunities that have applications forfunding from USDA.

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completed by individual boardmembers, then sealed and maintainedin the water district’s office or filed withthe secretary of the board.

The Association supports legislationthat will help ensure the viability andsustainability of public water systems.Having governance that is open andtransparent is paramount to that cause.The Association does not support HB2313 and suggests that you not givefavorable consideration to this bill.

HB 2372: Concerning fluoridation ofdrinking water

KRWA comments: The Associationrespectfully suggests that there aremany statements in the bill that are notsupported by science. It is also notlogical that public water systems thatadd fluoride must notify theircustomers but other public watersystems that have natural fluoride inthe water do not have to notifycustomers. Who is to determine whatlevel is acceptable before notification isrequired?

The proposed legislation also isinadequate to accomplish its unstatedhealth goals in that the text of the billsuggests there are many sources offluoride in the diet and the bill does notaddress those.

It should be noted that every publicwater system is already required toprovide a Consumer Confidence Reportto all customers; there is also a KansasDepartment of Health & EnvironmentWeb site/database that lists fluorideand other water quality data thatconsumers can access. It is not practicalto print a statement on every water billconcerning fluoride content.

The Kansas Rural Water Associationsupports that the addition of fluoridecontinues to be a local decision. TheAssociation requests opposition to HB2372 because of the time, effort, cost,and confusion that would result if thisbill were made into law; it would beunnecessary and expensive.

KRWA Positions, continued from page 1

S S S Water Use Reports Due March 1 S S SATTENTION WATER SYSTEMS: The Kansas Water Appropriation Act

(K.S.A. 82a‐732) requires that all water right owners file a report of theprevious year’s water use to the Division of Water Resources’ (DWR) mainoffice in Topeka by March 1. It is required that this report be complete andaccurate. Failure to file a report subjects the owner to a civil penalty perfile number. Don’t delay.

3Clarifier February 2014

Kansas Rural Water Association

Proposed Fee Change for Kansas Department of Health and Environment Laboratories

ffective July 1, 2014, the KDHE lab isproposing to increase the fees for

some analytical testing. The KDHEsecretary is allowed by state statute toestablish fees for analytical servicessufficient to recover costs for suchservices. The Kansas legislature alsoagreed last year that charges foranalytical services needed to beincreased. They passed legislation thatcreated a new fee fund for the KDHElabs. The fee revenue currently collectedis not sufficient to meet budgetaryneeds. The proposed fee increase, incombination with some reduction instaff size, will allow KDHE to continueproviding these services. If KDHE’sanalytical services were discontinued,public water systems would be requiredto contract such work with privatelaboratories that generally charge morethan the new proposed fees.

Due to a reduction in state general funds,KDHE is proposing to increase fees to makeup for the budget reduction. The last timefees for analytical services were changedwas November 2002. According to KDHE,even once fees are increased, the cost formost analytical testing will be below thelab’s actual costs and comparable marketrates. The proposed fee adjustments willprovide the KDHE lab with an additional$233,400 per year. For comparisonpurposes, during Fiscal Year 2013, KDHEcollected approximately $690,361 frompublic water systems for analytical services.According to KDHE, the average costincrease for each public water supply willbe about $233 per year. It is safe to assumethat surface water systems will have ahigher annual increase than groundwateror purchasing systems, as surface watersystems are required to conduct moretesting at more frequent intervals.

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Proposed Fee Changes for KDHE Laboratories

Effective July 1, 2014

Analytical Test Present Charge Charge after 7‐1‐2014

Total Coliform $8.00 $12.00

Nitrate $7.00 $10.00

Lead and Copper $16.00 $18.00

Fluoride $7.00 $10.00

Metals $8.00 $9.00

Atrazine and Alachlor $100.00 No change

Organochlorine pesticides and PCB screening $150.00 No change

Volatile Organic Compound (VOC) screening $100.00 No change

Total trihalomethanes (THM) $40.00 $50.00

Total haloacetic acids (HAA5) $125.00 No change

TOC (raw water) $16.00 $30.00

TOC (finished water) $10.00 $20.00

New source testing (well) $251.00 $300.00

Ammonia nitrogen $7.00 $15.00

The table below is by no means a comprehensive list of all fee increases proposed byKDHE. However, it is a listing of some of the more common tests run by most public watersystems in Kansas.

Transit Time For SamplesEffective February 1, 2014, the KDHE

lab began using a new, reduced holdingtime for all bacteriological watersamples submitted by Kansas publicwater supplies. Previously, the holdingtime was 48 hours. As of February 1, theholding time was reduced to 30 hours.That means that if the transit timebetween when the sample is collectedand KDHE begins analyzing the sampleis more than 30 hours, the sample willnot be analyzed and a replacementsample bottle will be shipped to thesystem. It is strongly recommended thateach water system check the “transittime” recorded on past bacteriologicaltest result sheets. If that transit timeexceeds 30 hours on a frequent basis,then the system needs to explore othershipping options. Many local postoffices now have an “Express Bag” thatresults in shipments going directly toTopeka. Other options include using UPS(United Parcel Service), Federal Expressor statewide couriers like Metro Courierout of Wichita.

4 Clarifier February 2014

n the January issue of The Clarifier,KRWA included an article titled “Fire

Hydrants (may not be) Subject to LeadFree Requirements”. The following is anupdate on this issue.

On Tuesday, December 17, the USSenate passed a bill (H.R. 3588) whichwould exempt fire hydrants fromcoverage under the Reduction of Lead inDrinking Water Act. The same bill waspassed in the House earlier in December.The law was signed by President Obamaon December 20, 2013.

H.R. 3588 amends the Safe DrinkingWater Act to include fire hydrants in thelist of items that are exempted from theprohibition on lead plumbing supplies,equipment, and fixtures. Moreover, thislegislation also requires the Administratorof the Environmental Protection Agency(EPA) to: (1) consult with and seek theadvice of the National Drinking WaterAdvisory Council on potential changes tothe regulations pertaining to lead underthe Safe Drinking Water Act; and (2)request the Council to consider sources oflead throughout drinking waterdistribution systems,including throughcomponents used tore-route drinkingwater duringdistributionsystem repairs.

KRWAappreciatesthe supportof this bill byKansasSenators andRepresentatives.

major financial concern for manypublic water systems is the

prohibition of use of brass componentsthat do not meet the “low-lead”standard. After January 4, 2014,the installation of componentsnot meeting the new standardwas disallowed. Many water systemsacross the country have significantinventories of components that do notmeet the no-lead standard.

S. 1824 – Drinking Water SupplyAssistance Act of 2013 – would amend theSafe Drinking Water Act to exempt anypipe or plumbing fitting or fixture, solder,or flux that contains brass from certainprohibitions against the use of lead pipes,solder, and flux under the followingconditions: a supplier of water owns thebrass before enactment of this Act; thebrass is used to prevent or mitigate amunicipal budget deficit or an interruptionin service of a public water system; and

Update: Lead‐Free FireHydrant Issue

QuickBooks Training Draws Full House Attendance

Recent training on QuickBooks sponsored by KRWA drew capacity attendance. A BeginnerQuickBooks was held on February 18 with 15 people attending; an Advanced QuickBookswas held on February 19 with 16 attending. Both sessions were presented at Washburn Techin Topeka.

KRWA is sponsoring additional sessions at Washburn Tech. Another Beginner'sQuickBooks will be held April 24. A training session on Excel spreadsheets will be offered onMay 7. And in June, another set of Beginner and Advanced QuickBooks training will be held.A charge of $50 is required to pay for the handbooks.

Watch the KRWA training calendar at www.krwa.net for announcements and registration.

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the supplier ofwater is otherwise

in compliance with alllaws and regulations,

except monitoringrequirements regarding lead in water.

The bill makes the exemptioninapplicable to a municipality if theAdministrator of the EnvironmentalProtection Agency (EPA) determines itwould result in an unreasonable risk topublic health.

Kansas Rural Water Associationappreciates the early support of S. 1824by both Senator Roberts and SenatorMoran. The National Rural WaterAssociation has stated support for the bill.

5Clarifier February 2014

Kansas Rural Water Association

ansas Rural Water Association was anactive participant in the National Rural

Water Rally held in Washington, February10 – 12. KRWA President Dennis Schwartz,Director Allan Soetaert and ElmerRonnebaum attended.

KRWA appreciated the opportunity tomeet with the staffs of all Senate andHouse Members from Kansas. KRWA wasable to meet personally with SenatorRoberts, Representative Jenkins andRepresentative Huelskamp.

KRWA thanked the Members for theirpast support and explained appropriationrequests for FY 15. The requests are listedin the chart below.

What this funding means for water andwastewater systems in Kansas:

USDA’s Circuit Rider Program helps fundtwo positions at Kansas Rural WaterAssociation. Circuit Riders Jon Steele andRita Clary provide the primary assistance tosmall communities to operate safe andclean drinking water supplies and complywith water regulations. KRWA CircuitRiders are in the field every day helpingsystems with compliance, operations,maintenance, management, training andassisting with applications for funding.

The USDA Farm Service AgencyGrassroots Source Water Protection is theonly statewide, local community-basedinitiative ensuring environmentallyprogressive localland-use decisionswithout thecontroversy andbureaucracy ofregulatory programs.In Kansas, thisprogram providesfunding support thatenables KRWA staffmember DouglasHelmke, L.G., toorganize and assistrural communities,farmers, and otherland-use interests inthe implementation

of source water protection plans and waterrights issues.

The USDA Rural Utilities Service Waterand Waste Disposal Loans and Grants haveprovided record financing of water andwastewater projects in Kansas in recentyears. Small communities often havedifficulty providing safe, affordable drinkingwater and sanitation due to limitedeconomies of scale and lack of technicalexpertise. Rural communities often havelower median household incomes and

higher water rates compared to largercommunities. Rural communities haveturned to USDA water loans and grants toconstruct water and wastewaterinfrastructure through loans provided atreasonable rates and terms. Without thisassistance, new systems particularly wouldnever be constructed.

The EPA Safe Drinking Water ActAssistance benefits hundreds of small andrural communities that rely on local andon-site technical assistance and training for

compliance with the myriad offederal EPA regulations.According to small and ruralcommunities, this EPA fundedlocal initiative is the mosteffective environmentalprotection effort for drinkingwater and wastewater, groundwater, source water, andcompliance with the SafeDrinking Water Act and CleanWater Act. In Kansas, 673 citiesand rural water districts wroteletters of support for the KRWAprogram in 2013. This programsupplements KRWA’s trainingefforts for water systems.

KRWA Participates in National Rural Water Rally

KRWA directors AllanSoetaert and DennisSchwartz, Senator PatRoberts and Elmer Ronnebaum stop for this photo following a discussion about ruralwater funding issues and drinking water regulations. KRWA joined hundreds of other“rural water” representatives in the annual “Rural Water Rally” sponsored by NationalRural Water, February 11 – 12.

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6 Clarifier February 2014

esearchers from the University of Wisconsin – GreenBay recently tested 40 private water wells in

northeastern Wisconsin, an area susceptible to nitrateand bacteriological contamination due to its karsttopography – a thin layer of soil covering deeply crackedbedrock. It is also one of the most intensively farmedparts of the state. The results indicated that half of thewells were contaminated with endocrine-disruptingchemicals (EDCs), most likely estrogen. The tests wereconducted by wetting estrogen-sensitive breast cancercells with well water and in half of the tests conducted,the cancer cells multiplied, indicating the presence ofestrogen or an estrogen-mimicking chemical in the water.

The study did not identify a definite source of the EDCs, but itsuggested that Big Dairy is to blame. Dairy cows produce a largeamount of estrogen. One dairy cow produces 250 milligrams ofestrogen a day, which is 1,000 times greater than the hormonestaken by a postmenstrual woman. In northeastern Wisconsin,livestock farming is increasing and cropland is decreasing. This meansmore manure and less land to spread and absorb it. The researchersobserved a decrease in estrogenic contamination in well water duringthe winter when much less manure land spreading occurs.

The researchers do not know if there areany health risks to the people that aredrinking estrogenic contaminated water.Generally the amount of estrogendiscovered could affect fish and plants, butis unlikely to immediately affect humans. Infact, children that drink cow’s milk ingest athousand times more of the samehormones. But the main concern is people’slong-term exposure to EDCs, which isknown to increase the risk of hormone-sensitive cancers.

So what’s to be done on the matter? TheWisconsin Department of Natural Resources has no immediate plansto change manure management rules due to lack of clear scientificevidence. Water well owners are being encouraged to continuetesting their wells and the state’s health officer and chief medicalofficer, Henry Anderson, stated that, “If the trend is that levels aregoing up, at some point we need to have a more intensive look atwhat kind of intervention needs to happen.”

Golden, Kate. "Tests Show Wisconsin Well Water May Be Tainted by Hormones– What's Big Dairy's Role?" Madison.com. N.p., 15 Dec. 2013. Web. 18 Dec. 2013.

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urrently, Kansas Rural Water Associationstaff are working on GPS Mapping

projects for 33 cities and RWDs. Thoseprojects are in different phases ranging frominitial data collection to preliminary lineconnection to map generation to databaseintegration. All of the water system projectshave been able to take advantage of theKansas Water Office GPS Mapping Subsidyprogram. A requirement is that the systemshave a current Water Conservation Plan onfile. Those systems that did not have acurrent Plan receive assistance from theKansas Water Office and KRWA to updatetheir plan. The GPS Mapping Subsidyreimburses a utility for half of all GPSmapping costs up to $4,000 in subsidy.Those small systems that were in desperateneed of updating their maps, or archivingtheir infrastructure locations have benefitedimmensely from the subsidy to make GPSmapping affordable.

Digital mapping is essential for manyreasons, including the following:

■ Continual updating of a utility's digitalmaps is easier and more cost efficientthan updating and reprinting as-builts.

■ Having all locational and informationaldata in a single database is lessconfusing and more efficient thanthumbing through maps and notebooksof faded sketches and drawings.

■ Sharing data with engineers is seamlessand instantaneous.

■ Transferring data to the KansasNotification Center for locatingobligations is easy and accurate.

■ Data can be easily backed up andarchived in off-site locations for easyretrieval in the event of a naturaldisaster or emergency.

As of February 20, the Kansas WaterOffice still has money available for waterutilities to apply toward mapping projects.The subsidy is awarded on a first come, firstserve basis. The application is simple, andonce approved, the utility has two years tocomplete the project.

Any feature can have GPS data collectedand it's an effective way to archivewastewater, gas, electrical and other utilitiesas well as water. Locational data can bejoined with existing databases to createexpansive, informational files that includeaccount and management information.RWDs and cities that have installed radio-read meter systems can integrate thosesystems with billing software and the GPSdata to utilize laptop computers for moreefficient meter reading. Seeing the meterindicate that it is "read" on a laptopcomputer screen while driving down a rockroad is invaluable when collecting meterreadings in remote areas of a rural waterdistrict. Being able to navigate back to anymeter because it is not functioning properlyis also important and reduces additionalcosts otherwise associated with multipletrips.

If you would like more information aboutthe GPS Mapping Subsidy, contact theKansas Water Office or give KRWA a call.

KRWA GPS Mapping Update

Wisconsin Researchers Find Estrogen in Well Water; Is Dairy Manure to Blame?

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7Clarifier February 2014

2014March 25 – 27, Century II Convention Center, Wichita, KSIf you haven’t already, it’s time to plan to attend the largest water and

wastewater conference in the Midwest. It’s the 2014 Annual Conference &Exhibition sponsored by the Kansas Rural Water Association, March 25 – 27at the Century II Convention Center in downtown Wichita, KS. Don’t missout on the many networking opportunities that will allow you to share yourexperiences and learn from other professionals. There will be 58 trainingsessions, including 8 full-day preconference sessions March 25. There are 327exhibit spaces filled with the latest in technology and services. Meet one-on-one with funding agencies and other service providers. From software tohardware, the KRWA conference is second to none when it comes toproviding access to educational programs, networking events, socials,outstanding entertainment and more than $15,000 in prizes!

Annual Conference & Exhibition

Enjoy Wichita!Register Now! See the Exhibits!

Register online atwww.krwa.net ‐ under

“Training”

Opening Session Keynote Speaker

Don’t miss out on these valuable benefits:◆ The latest technologies from leading

industry partners, all under one roofin EXPO Hall. It’s 93,000 sq. feet ofcarpeted showcase

◆ Keynote speakers: Comedian JanMcInnis from Los Angeles, CA;John Padalino, Administrator, RuralUtilities Service, Washington, DC;Governor Sam Brownback; CharlesHilton, Exec. Vice-President,National Rural Water Association

◆ Entertainment: It’s the rollickingmusical, “I Love, You’re Perfect,Now Change!” This show will goright through your funny bonestraight to your heart! It immediatelyfollows the Awards Banquet in theTeale Theatre at Century II

Jan McInnis hasspent the last eighteenyears making peoplelaugh and showingpeople how to usehumor. The WallStreet Journal andThe Washington Posthave featured her forher clean humor; sheis also the co-star ofThe Baby BoomerComedy Show. Inaddition to being a comedian, Jan is also anestablished comedy writer, who has sold material tojust about everyone on the planet, including TheTonight Show monologue with Jay Leno. Don’t missJan’s keynote, “Finding the Funny in Change”. Walkaway laughing after learning how to diffuse tensioninstantly, kick off tough conversations, and facilitatecommunications through creating and using humor.When and where? Concert Hall at Century II; 8:30 a.m., Wednesday, March 26.

KRWA

At A Glance

Governor Sam Brownback Charles Hilton

John Padalino Jan McInnis

© Kansas Rural Water Association

PO Box 226Seneca, KS 66538

Non Profit OrganizationU.S. Postage

PAIDPermit No. 580

Manhattan, KS 66502

The mission of the Kansas Rural Water Associationis: Provide education and leadership necessary toenhance the effectiveness of Kansas’ water andwastewater utilities.

KRWA is proud of its long history of providingtraining for both water and wastewater systems. Since1976, KRWA has facilitated, sponsored or conductedmore than 2,247 sessions. Since that first session onApril 3, 1976 when 101 people from 48 systemsattended a water system training seminar in Iola,KRWA’s history of providing training remainsunmatched in Kansas.

Always check KRWA’s training calendar atwww.krwa.net to learn what sessions are scheduled.Register online also. KRWA encourages operators,board/council members, agencies, engineering firmsand others to forward any suggestions for futureKRWA sessions. KRWA Training is a partnership withyour Association staff, associate members and a hostof other, experienced resources.

Providing Trainingis CENTRAL To

KRWA’s Mission

Check outKRWA’s training

schedule online

www.krwa.net