On November 1, 1995, the Kansas Natural Resource Council and the Sierra Club filed a complaint against the EPA, compelling it to enforce Section 303(d) of the Clean Water Act by establishing TMDLs pursuant to Section 303(d) and to compel EPA to approve or disapprove Kansas' Continuing Planning Process (CPP) relative to Section 303(e) of the Clean Water Act. Kansas intervened in the litigation, since the state had lead responsibility for identifying and ranking in priority the waters requiring TMDLs and establishing such TMDLs. A settlement was reached and a consent decree approving the settlement was made on April 13, 1998. Under the terms of the court decree, a schedule of submittals was agreed upon regarding the Continuing Planning Process document and the TMDLs established for the water quality limited water bodies of the state.
Beginning January 31, 1999 and by January 31 of each year thereafter during the effective period of the court decree, EPA and Kansas provided the plaintiffs with a written report, jointly if possible, regarding the activities undertaken to comply with the court decree during the previous calendar year. The report included:
The water quality limited segments which had TMDLs established during the year
The TMDLs established during the year
The water quality limited segments on the 1996 Section 303(d) list that are not on the current Section 303(d) list and an explanation why they are not on the current list
As of June 30, 2006, Kansas had completed its obligations to develop TMDLs in the twelve river basins of the state. 413 TMDLs addressing impairments that had appeared on the 1996 Section 303(d) list and the 1998, 2002, and 2004 lists were developed between January 1999 and June 2006. The Stipulation of Dismissal was filed on January 19, 2007 and so ordered by Judge Lungstrum on January 22, 2007.