Sunday, September 6, 2026

water Topeka water Rates on display

The Gallon and the Check

Henry McClure · MCRE Media · Topeka · September 2026

This is not a manifesto against factories.

Reser’s employs about 1,500 people on S.E. 6th. Frito-Lay has been making snacks in Shawnee County since the 1950s. Goodyear has been on U.S. 24 since 1945. Mars built a chocolate plant here and still pays a large tax bill on the slice of the campus that is not exempt. Those facts stay on the page.

This is a ledger. One column is the gallon. The other is the check — sales-tax cash, ten-year tax holidays, federal credits — already written under the same names. A third column is the house that pays $7.75 a thousand gallons and cannot deduct it.

City Council is about to write the next four years of that ledger into the municipal code. Staff first proposed one price for the gallon. Industry objected. Staff came back with two prices and a higher house meter fee, and recommended that. If you only read one sentence before the meeting, read that one.

The June list

City of Topeka utility billing, June 2026, top ten accounts by gallons. Public record.

  1. Reser’s Fine Foods — 53,105,880 gallons
  2. Frito-Lay — 19,420,942
  3. Goodyear — 9,418,580
  4. Shawnee County — 8,796,611
  5. Hill’s Pet Nutrition — 6,308,529
  6. Stormont Vail Health — 6,196,680
  7. Mars Chocolate — 4,656,727
  8. Big Heart / Smucker — 3,852,022
  9. TERC Development LLC — 3,267,277
  10. Vestis — 2,567,981

Reser’s used more water that month than Frito-Lay, Goodyear, and Hill’s combined. Eight of the ten are private industry. Two are not. Do not dump a courthouse and a hospital into a corporate-welfare column. Leave them on the list so you can see the whole river. Take them off when the subject is a JEDO check.

Two prices for the same river

In 2026, inside the city, a house pays $7.75 per thousand gallons. Industrial II — the class a campus like Reser’s is built for — pays $5.04. The gap is $2.71. Same Kansas River. Same treatment plant. Same pipes.

Kansas does not send the Corporation Commission in to set that number. Municipal water rates are a City Council ordinance. K.S.A. 12-860 says they are supposed to be reasonable and sufficient for the utility. That is the whole legal hook. “Reasonable” is a political word until you put another Kansas city next to it.

Lawrence, effective January 1, 2026, charges industrial customers inside the city $10.33 per thousand gallons. Commercial is $10.44. A Lawrence house starts at $11.18. Lawrence still has industry. The sky did not fall at $10.33.

What the class discount is worth

Volume only. Meter charges ignored. One month of bills. If June is hot for food plants, winter will run lower. Twelve months from Utilities would lock it. The order of magnitude is the point.

Eight private meters used 102,597,938 gallons in June.

Charge them the house rate of $7.75 instead of $5.04 and that month’s discount is about $278,000. If June is typical: about $3.33 million a year. Reser’s alone: about $1.73 million a year.

Charge them $8.00. Gap versus $5.04 is $2.96. Eight private plants: about $304,000 in June, about $3.64 million a year. Reser’s: about $1.89 million. Frito-Lay: about $690,000.

Charge them Lawrence’s $10.33. Gap is $5.29. Eight private plants: about $543,000 extra in June, about $6.51 million a year. Reser’s: about $3.37 million. Frito-Lay: about $1.23 million.

That is water-fund revenue, not a tax. It is the same gallon at a rate another Kansas city already charges.

The companies are not the town

PepsiCo is not a chip line on S.W. 41st. Early September 2026 it was a company of about $192 billion in market value, nearly $97 billion in trailing sales, some 306,000 employees, a dividend north of four percent. Frito-Lay North America is the snack arm. Topeka is a real plant. It is still a rounding error inside that system.

Mars is a private family company and one of the wealthiest families on earth. In 2025 the taxable slice of 100 Mars Boulevard still threw off a property-tax bill in the neighborhood of $2.83 million. That is not a charity case. It is also not a reason to sell them the cheapest gallon.

Reser’s Fine Foods is privately held in Beaverton, Oregon. Topeka is their biggest employment city. Salad lines, a potato plant, tortillas, a distribution center, and a new warehouse do not go on a flatbed because the water class moved two or three dollars. It also means Topeka water is a core cost, not a Pepsi footnote. Ask Beaverton, not a spokesman in a rented ballroom.

The other stack: the check

JEDO is city and county elected officials. GO Topeka, a private nonprofit at 719 S. Kansas Avenue, holds the contract to administer the economic-development slice of the countywide half-cent sales tax. On paper that slice is on the order of $5 million a year. Administration — payroll, occupancy, marketing, travel — is paid from the same stream that is advertised as job money. The exact overhead split belongs in a KORA of the audits. The structure is not in dispute.

What the open file shows on this water list:

Reser’s. JEDO / GO Topeka cash: $659,264 paid on the 2016 salad-plant contract, closed December 2022. Up to about $1.074 million authorized September 2025 on a warehouse addition. A 2019 EDX authorization was reported at $157.7 million of property — an exemption envelope, not a cash check. County appraiser on 3728 S.E. 6th: 2026 appraised about $52.8 million, about $44.9 million in Exempt EDX, $87,290 tax billed in 2025 on the taxable slice. February 2026: another 100 percent exemption on new warehouse improvements, 2027–2036, job test of thirty positions in three years, no rule that those workers live in Shawnee County. Federal New Markets Tax Credits: $13.67 million face on the 2019 bake-plant reuse.

The county traded a ten-year tax holiday on a new warehouse for thirty jobs that do not have to live here. If the workers drive in from the next county, Topeka gets the potholes and the water plant. Their hometown gets the paycheck. That is not a forty-percent return. That is a press release.

Frito-Lay: little JEDO cash in the digitized file; county ten-year exemptions on additions in 2009 and 2018; plant since 1971.

Goodyear: JEDO up to $585,000 in September 2022 on a $125 million capital plan.

Hill’s: GO Topeka / JEDO up to $196,000 (2019) and $341,000 (2020). Headquarters left for Overland Park under a $3 million state deal that also required investment at the Topeka nutrition center.

Mars: 2011 JEDO package reported around $9.1 million plus land in Kanza Fire; later add-on about $125,000 for a TWIX line.

Big Heart / Smucker: grant up to $166,760 (2015); JEDO $383,000 (February 2026) on a $20.5 million expansion. The plant has been here more than fifty-five years.

Stormont Vail is a hospital. Kansas law takes qualifying hospital property off the roll. That is statutory, not a JEDO check. It is still a cost to every mill the schools and the city do not collect. The medical bill does not come down because the campus is exempt. The community already carries the property. The water ordinance should not add a second courtesy on the gallon.

This is not a lifetime audit back to 1945. It is enough to say the sales tax already bought buildings. The exemption already took new square footage off the roll. Industrial II then sells the same gallon cheaper than the house. That is a second subsidy.

Compass — gallons against gallons

Compass Datacenters wants a ten-building campus on S.W. 77th. Power is a separate fight — on the order of 400 megawatts. This article is water.

Compass’s published figures: no city water for cooling; a closed loop; about 125,000 gallons to fill each building once; about 55,000 stays in the loop. County staff put a building at about 240,000 gallons a year. Ten buildings at that figure: about 2.4 million gallons a year. Who sells the last mile does not change the gallon.

Reser’s June is about twenty-two of those campus-years. Vestis used more in one month than that whole proposed campus would use in a year. Compass is a drawing. Reser’s is billed use. If high water use is the test, the test is already running on S.E. 6th. You can still oppose Compass on land and power. You do not get to treat a loop fill like a moral emergency and then defend $5.04 for the salad plant.

The household cannot deduct it

A house cannot take the water bill off a tax return. A plant can. Ordinary and necessary business expense. People who live here pay the high class with after-tax dollars. The campus pays the low class with pre-tax dollars. That is the quiet half of the discount.

Would the tub of potato salad go from a dollar to $1.01 or to $1.05 if the gallon moved? Nobody in this article has Reser’s cost sheet. If water is a penny inside a dollar item, doubling that penny is a penny — unless the company decides to take a nickel and point at the water department. National list prices at PepsiCo and Mars do not reset because Topeka’s class moved. A local plant can still use a city rate fight as cover. That is a choice, not a law of cost accounting. None of the three outcomes — eat the cost, pass a penny, take a nickel — is a reason for Topeka households to keep selling the cheapest gallon to the campus that already got the sales-tax money.

Lead by example

The first letter did not go to Council or to JEDO. It went to Mark Reser, President and CEO, Reser’s Fine Foods, 15570 S.W. Jenkins Road, Beaverton, Oregon 97006.

The ask was small and voluntary: pay the residential volume rate on the Topeka meters, or pay the difference into a city water-assistance fund for households that cannot keep the tap on. Either one is a decision made in Oregon, not a brawl at the rail.

You do not need the $2.71. Some of your neighbors do.

What is actually in front of Council

Seven city PDFs. Two maps.

The August 27 fact sheet, from Utilities Director Sylvia Davis, said the quiet part: eliminate Multifamily and Industrial II as classes. Walk everyone to one standard volume rate over four years. “Rate impact is absorbed by commercial and industrial classifications.” Freeze base charges on meters smaller than two inches. Raise wholesale and irrigation. Kill the old “readiness to serve” fee on empty taps. Pay for $260 million of capital work and a $120 million-plus operating budget.

The August 27 ordinance is that idea in code. Inside-city water volume per thousand gallons:

Single-family $7.75 → $8.08 → $8.12 → $8.16 → $8.20 in 2030

Industrial II $5.04 → $5.68 → $6.55 → $7.33 → $8.20 in 2030

House meter fee frozen at $18.22. A 10-inch plant meter from $924 to $1,353.

Sewer is the same in both drafts: $6.92 → $7.55 → $8.00 → $8.40 → $8.82 inside the city. Stormwater ERU edges up a few cents a year. Those two utilities are not the fight.

September 1, staff put up seven slides. The first half still sold August 27 and still called it “Current Proposal.” Then a slide titled “Alternate Consideration”: two volume rates instead of one, a higher hit on houses in 2027, a lighter hit on plants, and the small-meter base starts moving.

That is not a rounding change. That is the department answering industry in public, on a slide, the same night.

The September 4 memo, written for the September 8 meeting, says so in the first paragraph. Industry objected. Staff wrote a compromise. Staff now recommends the compromise.

A low-volume inside-city house — small base, 1,000 gallons of water, winter-average sewer, one stormwater ERU — in 2027:

Now: $54.66

August 27 draft: $55.77 (+$1.11)

Compromise: $56.63 (+$1.97)

The extra 86 cents is the water base plus four cents on the gallon. Sewer and stormwater do not differ. Page two of that memo swaps the labels. Page one’s table is the arithmetic.

The September 4 ordinance is the legal text staff wants passed. Inside-city water volume:

Single-family $7.75 → $8.12 → $8.18 → $8.24 → $8.30 in 2030

Industrial II $5.04 → $5.53 → $6.08 → $6.66 → $7.26 in 2030

The class does not die. It shrinks from $2.71 to $1.04 — and then the ordinance stops. House meter fee rises about 4.5 percent a year, to $21.74 by 2030. A 10-inch plant meter stops at $1,160 instead of $1,353.

If June is typical, Reser’s annual volume bill at the 2030 compromise rate is about $4.63 million. At the August 27 one-rate of $8.20 it would be about $5.23 million. At the house price of $8.30, about $5.29 million. At Lawrence’s $10.33, about $6.58 million. The compromise, fully built, still leaves on the order of $600,000 a year on that one campus versus the draft staff wrote before industry spoke, and about $2 million a year versus putting the campus on the house price.

The sentence the record will support

The sales tax already bought buildings. The exemption already took new square footage off the roll. Industrial II then sells the same gallon cheaper than the house. On August 27 staff said the plants would absorb a climb to one rate. On September 1 the plants objected. On September 4 staff recommended two rates and a higher house base.

Sewer is not the vote. Empty-tap fees are not the vote. $260 million of pipe is real, and somebody has to pay for it. The vote is whether 2030 is one price for one river or two prices written back into the code after the people who use 53 million gallons in a month asked for a softer landing.

Lawrence already charges $10.33. A house here cannot deduct the bill. A plant can. The plant is not leaving. Compass, on its own paper, is not where the water is. Reser’s June is.

Ask Beaverton first. Then ask the Council. Say the word compromise only if you mean two prices.

Sources: City of Topeka June 2026 top-ten billing list; TMC rate tables in the August 27 and September 4 ordinance drafts; August 27 fact sheet and September 4 memo from Utilities Director Sylvia Davis; September 1 Council slides; Lawrence utility rates effective January 1, 2026; K.S.A. 12-860; JEDO / GO Topeka packets and close-out letters; Shawnee County appraiser; Compass project page and local reporting July–September 2026. Not a publication of the City, JEDO, or any listed company.







 

Saturday, September 5, 2026

Topeka’s water rates are set locally. Neither the State of Kansas nor the federal government approves or sets them.

Who actually sets the rates

The Topeka City Council sets water (and wastewater and stormwater) rates by ordinance. The current schedule is in Topeka Municipal Code § 13.05.020. The last multi-year package was adopted in 2023 for 2024–2026; they are in another public rate process now for 2027 and beyond.

That is the normal arrangement for a city-owned utility in Kansas.

Kansas Corporation Commission (KCC)

The KCC does not regulate municipal water rates.

It regulates investor-owned (private) utilities — electric companies like Evergy, gas companies, and a handful of small private water systems (Suburban Water, Barton Hills, etc.). KCC’s own jurisdiction materials state that it does not regulate municipalities. Topeka’s water utility is city-owned, so it is outside KCC rate jurisdiction.

State of Kansas — limited statutory overlay, not rate-setting

Kansas statutes give cities the power to set their own rates and require those rates to be reasonable and sufficient to cover operations, maintenance, extensions, and debt service (see K.S.A. 12-860 and related first-class city provisions).

That is a floor and a reasonableness standard, not a state agency review before rates take effect. There is no Kansas Public Service Commission equivalent for city water.

If someone claimed the rates were unreasonable or unjust, they could theoretically ask a district court to review them. That is rare and is after-the-fact litigation, not routine state regulation.

KDHE regulates water quality (Safe Drinking Water Act implementation, permits, testing), not prices. The Kansas Water Office and Division of Water Resources deal with water rights and planning, not retail rates.

If Topeka borrows from the state Drinking Water Revolving Fund, loan documents can impose financial covenants (dedicated revenue, etc.). Those do not dictate the cents-per-thousand-gallon charge on a residential bill.

Federal government

None on rates. EPA rules cover quality, treatment, lead service lines, and reporting. There is no federal water-rate commission for municipal systems.

Practical takeaway

Topeka’s declining-block industrial discounts, higher outside-city rates, base charges by meter size, and the timing of increases are all local policy choices made by the Governing Body. They can be criticized, compared to peer cities, or challenged in court on reasonableness grounds, but they do not go through KCC or a federal rate case. 

Is this public record?

Frito-Lay (PepsiCo)
Plant at 1303 SW 41st Street. One of their larger U.S. snack plants (Lay’s, Fritos, Doritos, Cheetos, Tostitos). They have publicly talked about cutting water use ~52% per pound of product since 1999 through process changes and sanitation practices. They were among the customers who noticed and complained when Kansas River chloride spiked in 2018, which is a sign they use city water in production, not just for restrooms.

Mars Wrigley
Chocolate plant in Kanza Fire Commerce Park (Topeka Blvd / Innovation Parkway area). Opened around 2014, later expanded (Snickers, Milky Way, 3 Musketeers, M&M’s lines). It was built as a LEED Gold facility with explicit water-efficiency targets: ~35% reduction in potable water use versus a baseline building, 71% reduction in water used for sewage, and no irrigation. Still a large process-water user.

Reser’s Fine Foods (“Reesers”)
Salad / refrigerated-foods plants and distribution, including the main salad plant at 3728 SE 6th Street. They have been in Topeka for decades, employ well over 1,000 people locally, and have been expanding warehouse/distribution space. Produce washing, cooking, and sanitation drive the water demand.

Other names that often show up in the same conversation: Hill’s Pet Nutrition (another large manufacturer) and, historically, Goodyear (they also reacted to the 2018 chloride issue). Hospitals and the state complex use a lot of water too, but the food plants are the standout industrial users.

Scale

The City of Topeka Water Treatment Plant averages about 21–22 million gallons per day (roughly 8 billion gallons a year). In public rate presentations this year, city staff used “one of our industrial users at 10 million gallons” as an example — that figure is monthly. A single customer at that level is using on the order of 300,000+ gallons a day. A handful of food plants can therefore account for a noticeable share of total industrial demand.

Topeka still uses a declining-block rate structure: industrial customers (and especially “Industrial II”) pay less per thousand gallons than residential customers. That is why the city talks about large industrial users separately when they discuss rate increases.



Yes. Municipal water-billing data is generally public under the Kansas Open Records Act. You can request:

  • Usage by customer class (residential / commercial / industrial / Industrial II)
  • Lists or rankings of the largest volume customers (they sometimes redact exact account names or give ranges)
  • Historical industrial usage for planning or rate studies

The city already discusses “our industrial users” in open council and utility meetings, so the existence and approximate size of the big plants is not secret. Individual monthly bills for a named company are more likely to be treated as customer-specific and may be redacted or summarized.

If you want the actual ranking and gallon figures, the practical next step is a KORA request to the City of Topeka Utilities Department asking for the top water customers by volume for the most recent calendar year (or a multi-year average), broken out by customer class. They are used to those requests. 

How to reach Reser’s Fine Foods — if you want to write the president

Mark Reser does not publish a personal email on the company website. The address that counts is the mailroom in Beaverton.

Reser’s Fine Foods, Inc.
Attn: Mark Reser, Chief Executive Officer
PO Box 8
Beaverton, OR 97075

Street / visitor address:
15570 SW Jenkins Road
Beaverton, OR 97006

Main phone: 503-643-6431
Toll-free: 800-333-6431

Ask the operator for the Office of the CEO, or for Mark Reser’s assistant. That is how a letter gets opened.

Official contact form: resers.com/about-us/contact-us
Put “Attention: Mark Reser — Topeka water rates” in the subject and attach your letter.

Emails the company itself prints

Their published names usually run first-name-plus-last-initial @resers.com. That would make markr@resers.com a guess, not a listed CEO address. Do not treat it as confirmed. Send the paper letter anyway.

Topeka campus

3728 S.E. 6th Street, Topeka, KS 66607
3215 S.E. 6th Avenue, Topeka, KS 66607

Facilities contact in the 2025–26 hearings: Jeff Adair, Director of Facilities Management. No public email for him. Call the plant or copy GivinginTopeka@Resers.com.

The simple way to do it

Mail the letter to PO Box 8, Attn: Mark Reser.
Email the same text to consumeraffairs@resers.com and GivinginBeaverton@Resers.com, copy GivinginTopeka@Resers.com.
Call 503-643-6431 the same day and ask who in his office should also get the file.

The president’s inbox is not on the potato-salad website. The PO box is.



When materials can be bought exempt

You’re right to side-eye that claim. In Kansas a general contractor or subcontractor does not get a blanket right to buy job materials tax-exempt just because they hold a contractor’s license. The default rule is the opposite.

Kansas treats the contractor as the final consumer of materials that get incorporated into real property. The contractor pays state + local sales tax (or compensating use tax) at the supplier. A resale exemption certificate (ST-28A) cannot be used for those materials. That is spelled out in KAR 92-19-66 and KDOR Publication KS-1525. Same rule for GCs and subs.

When materials can be bought exempt

The exemption is project-specific, not person-specific. It happens through a numbered Project Exemption Certificate (PEC) issued by the Kansas Department of Revenue (or an authorized agent). The GC and every sub present that PEC number to suppliers. Without the PEC, the supplier is supposed to collect the tax.

Typical ways a PEC gets issued:

  • The owner is a qualifying exempt entity (public or private school, hospital, many political subdivisions, certain churches/nonprofits, Habitat for Humanity housing, etc.).
  • The project is financed with Industrial Revenue Bonds (IRBs). The city or county issues the bonds, applies for the PEC, and the exemption covers construction materials and labor for that project. This is the mechanism you were remembering. It is a common Topeka/Shawnee County economic-development tool, not a contractor perk.
  • Certain other statutory econ-dev programs (HPIP-certified businesses, qualifying data centers, etc.).

A contractor-retailer (a supply house that also does installation work and keeps inventory for over-the-counter sales) can buy inventory with an ST-28W certificate, then must self-assess and pay the tax when they pull materials out of inventory for a job. That is not the same as a pure contractor buying tax-free at the yard.

Why it looks uneven

It is not random “grace.” The statute lists who and what qualifies. Private commercial or residential work for a taxable owner almost never qualifies unless the project is wrapped in IRBs or another listed program and someone actually applied for and received the PEC. Government, school, hospital, and IRB projects do. That is why some jobs on the same street get the break and the next one does not.

If Boldman is presenting a PEC on a specific job, ask to see the certificate number and what project it is tied to. If he is just telling suppliers “I’m a contractor so no tax,” that is not how KDOR writes the rules.

Labor is a separate analysis (original construction labor is often not taxed; most remodel/repair labor is). Materials stay taxable to the contractor unless a PEC is in play.

Official sources: KDOR Pub. KS-1525 (contractors) and KS-1520 / the PEC pages on ksrevenue.gov. Worth a look if you want the exact forms.