Hypocrisy Alert: Senate Debates "Let Counties Decide" While Bill Retroactively STRIPS Counties of All Water Control—Your Farm, Your Future at Risk!
The "Hays Water Bill" is set to dismantle county Home Rule... BE HEARD NOW!
Dear Rising States readers,
If you've been following our coverage of HB2433—the so-called "Hays Water Bill"—you know this legislation is nothing short of a statewide assault on local water rights. In our previous posts, we've detailed how this bill would centralize control over water transfers in the hands of the state's Chief Engineer and Water Transfer Hearing Panel, stripping every one of Kansas's 105 counties of their authority to issue permits or regulations on water appropriations (except for minor domestic uses). It's retroactive, meaning it would nullify any existing county rules on pumping, piping, or moving water across county lines. We've called it a power grab that favors big urban interests and corporate projects at the expense of rural communities, aquifers, and local economies.
Catch up here:
Today, March 12, 2026, the Kansas Senate took up HB2433 for debate, and what unfolded was a masterclass in irony that every Kansan needs to hear about. Senator Mike Murphy stepped up with a commonsense amendment aimed at protecting our most vulnerable areas: It would prohibit the construction or operation of new "large load data centers" (those with a monthly electrical demand of 10 megawatts or more) in any county that has declared a drought emergency under the Kansas Emergency Management Act within the past three years. This includes a mandate for county commissioners to deny such projects during that period and allows for moratoriums until the drought risk subsides. Exceptions apply only to projects already in place or permitted before July 1, 2026.
Why data centers? These facilities are water guzzlers, often requiring massive transfers for cooling systems—exactly the kind of transfers HB2433 would make easier by overriding local oversight. In drought-prone counties, approving them could accelerate aquifer depletion, strain infrastructure, and exacerbate water shortages that hit farmers, families, and small towns hardest. Senator Murphy's amendment (full text available [here] was a targeted effort to shield these counties from being "included" in the bill's permissive framework, effectively opting them out of the risks posed by unchecked development.
But here's where the irony hits like a drought-parched dust storm: Opponents of the amendment argued vehemently that we should "let counties decide for themselves." They painted the amendment as an overreach, insisting that local governments know best how to handle their own affairs. Sound familiar? It's the exact opposite of what HB2433 does!
Let's break this down:
- HB2433's Core Assault on Local Control: This bill explicitly removes counties' rights to regulate water transfers. No more local permits, no more conditions based on community needs, no more safeguards against out-of-county water grabs. It's retroactive, wiping out existing regulations that counties have painstakingly developed to protect their resources. Rural areas like Edwards County, already embroiled in litigation over water rights with cities like Hays, would be left defenseless as big projects pipe away their lifeblood.
- The Hypocrisy in Action: How can senators argue for "county choice" on data centers while supporting a bill that yanks away every county's voice on the very water those centers would consume? It's absurd. If they truly believed in local decision-making, they'd reject HB2433 outright or amend it to restore county authority—not just pay lip service to it while centralizing power in Topeka.
This debate exposes the bill's true intent: Streamline water access for high-demand users like data centers, which are popping up nationwide amid AI and tech booms, often at the cost of local utilities, water supplies, and ratepayers. We've seen similar debates in states like South Carolina and Oklahoma, where concerns over water usage have led to moratoriums and regulations. Kansas shouldn't lag behind; we should lead by protecting our counties.
The amendment's fate? The debate was at least a debate. A far cry from what occurred in the House of Representatives a couple of weeks ago, but it is still moving forward after the Senate agreed to move to final action tomorrow. If HB2433 passes tomorrow, it could open the floodgates (pun intended) for projects that drain rural Kansas dry, all while the most media has not taken the time to even cover the issue.
Time to Act: Your Voice Matters Now More Than Ever
Kansans, this is our water, our communities, our future. Don't let the irony become tragedy. Contact your state senator immediately and demand they:
Vote NO on HB2433!
Find your senator here: LOOK UP YOUR SENATOR
Key contacts include:
- Senate President Ty Masterson: (785) 296-2419 or ty.masterson@senate.ks.gov
- Senate Majority Leader Chase Blasi: (785) 296-2497 or Chase.Blasi@senate.ks.gov
Also, you email all Senators at once by clicking this button:
Share this post widely—on X, Facebook, email lists, and community groups. Tag Rising States of America to amplify the message. Rural Kansas won't go quietly; together, we can turn the tide.
Stay vigilant,
Rising States of America