Derby's city council voted unanimously to start eminent domain proceedings against three property owners who hold easements needed for the city's new water treatment plant.

The 7-0 vote Tuesday, Sept. 22, authorizes the city to pursue six remaining easements required to build pipelines for the project. The $41.1 million treatment facility is under construction on Hillside Street just north of 95th Street South. The city has already secured 20 of 26 easements and both access agreements from neighboring landowners, as first reported by the Derby Informer.

Butler called the resolution a first step. If negotiations with the three holdout property owners fail, an ordinance would come back to the council for a formal vote.

"I'm hopeful that we're going to attain these through a negotiated resolution, but with projects out to bid and the need to move, we decided to go ahead and bring this resolution …" City Attorney Jacque Butler said at the meeting, adding that the city would file an eminent domain action only if negotiations ultimately fail.

Butler said she had not seen eminent domain used during her first 10 years as city attorney. Recent large-scale projects along Rock Road and Highway K-15 through Derby changed that pattern.

Council member Mike Neel said the resolution is a procedural safeguard, not a foregone conclusion. He noted that nine times out of 10, the eminent domain process ends with a negotiated agreement before it reaches completion.

Pipeline construction bids were set to open at the end of September, adding urgency. City Manager Kiel Mangus said the projects driving eminent domain proceedings are major undertakings with set timelines.

Why Derby is building its own plant

Derby buys all of its water from Wichita and is allowed to pump up to 700 million gallons a year under its current contract. The Wichita City Council approved an 8.7% water rate increase for Derby effective Jan. 1, 2026, according to a city newsletter. Mangus has said the average Derby residential customer has seen annual increases in the 6% to 7% range, the Wichita Eagle reported.

The new plant will give Derby a locally controlled water source for the first time in more than 20 years, according to city records. Construction broke ground in August and is expected to wrap up by summer 2027, according to a city blog post.

The project is funded by municipal bonds repaid from the city's water fund. Derby plans to keep buying some water from Wichita after the plant opens, but less than the 700 million gallons it currently purchases.

A boil water advisory Wednesday, Sept. 16, underscored the city's vulnerability. A power outage at Wichita's main treatment plant forced Derby to follow Wichita's emergency protocols because it has no independent supply.

Butler said the city remains optimistic about reaching agreements with the remaining property owners. The pipeline bid opening at the end of September is the next milestone for the project.