For Immediate Release
December 19, 2008

KDHE Office of Communications
communications@kdheks.gov, 785-296-0461

State of Kansas, U.S. DOJ Enter Consent Decree
with Magellan Ammonia Pipeline, L.P.

A consent decree has been reached between the State of Kansas, the U.S. Department of Justice and Magellan Ammonia Pipeline, L.P. for a natural resource damages claim. The claim stemmed from an anhydrous ammonia release in October 2004, roughly eight miles east of Kingman. A portion of the pipeline failed, releasing an estimated 4,000 barrels of anhydrous ammonia, some of which entered Smoots Creek causing a widespread kill of aquatic life for approximately 13 miles. 

The settlement compensates the Kansas Natural Resource Trustee Council for the lost resources caused by the spill, and includes approximately 160 acres of native prairie on Smoots Creek to be donated to Wichita State University (WSU) and used as a field study area for its Department of Biological Sciences.  WSU plans to use the area for scientific studies related to managing and enhancing the native prairie habitats and associated riparian corridors.  Also included in the settlement is a payment of $452,535 to the council for past costs, future oversight costs, fish restocking, and monitoring, restoration and maintenance of the property.

The Kansas Natural Resource Trustee Council is comprised of the U.S. Department of Interior - Fish and Wildlife Service and the State of Kansas.  The Secretary of the Kansas Department of Health and Environment is the natural resource trustee for state.  The U.S. Fish and Wildlife Service is the trustee for federally protected resources in Kansas.