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chapter-82a•Chapter 82a — Waters and Watercourses
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
When any person, corporation or city may be desirous of erecting and maintaining a milldam or dam for generating power upon his, her or its own land across any watercourse, and shall deem it necessary to raise the water by means of such dam, or occupying grounds for mill yard or power plant structures, so as to damage by overflowing or otherwise real estate not owned by him, her or it nor damaged by consent, and in cases where it is necessary to the more efficient running and operating any such mill or power plant to turn any adjacent stream or spring into the one on which the mill or power plant is situated, the party so desiring to use the same may run the stream over the land of any other person by ditching or otherwise, and he, she or it may obtain the right to erect and maintain said dam and keep up and maintain the necessary ditches or races by proceeding as is prescribed in the act to which this act is amendatory.
History: L. 1867, ch. 87, § 1; G.S. 1868, ch. 66, § 1; L. 1869, ch. 47, § 1; L. 1917, ch. 177, § 1; May 26; R.S. 1923, 59-101.
He, she or it shall proceed to exercise the right of eminent domain in the manner provided in K.S.A. 26-501 to 26-516, inclusive.
History: L. 1867, ch. 87, § 2; G.S. 1868, ch. 66, § 2; R.S. 1923, 59-102; L. 1963, ch. 234, § 96; January 1, 1964.
History: L. 1867, ch. 87, § 3; G.S. 1868, ch. 66, § 3; R.S. 1923, 59-103; Repealed, L. 1963, ch. 234, § 103; January 1, 1964.
History: L. 1867, ch. 87, §§ 4 to 8; G.S. 1868, ch. 66, §§ 4 to 8; R.S. 1923, 59-104 to 59-108; Repealed, L. 1963, ch. 234, § 103; January 1, 1964.
History: L. 1867, ch. 87, § 9; G.S. 1868, ch. 66, § 9; R.S. 1923, 59-109; Repealed, L. 1963, ch. 234, § 103; January 1, 1964.
History: L. 1867, ch. 87, §§ 10 to 13; G.S. 1868, ch. 66, §§ 10 to 13; R.S. 1923, 59-110 to 59-113; Repealed, L. 1963, ch. 234, § 103; January 1, 1964.
No action for damages occasioned by the erection of a milldam shall be hereafter sustained unless such action be brought within two years after the erection of said dam, nor any action for the maintenance of a dam already erected unless brought within one year after the passage of this act.
History: L. 1867, ch. 87, § 14; G.S. 1868, ch. 66, § 14; R.S. 1923, 59-114.
Any person may obtain a right to maintain a milldam heretofore erected, or raise a milldam, upon his or her own land, by complying with the provisions of this act, adapting his or her petition to the nature of the case.
History: L. 1867, ch. 87, § 15; G.S. 1868, ch. 66, § 15; R.S. 1923, 59-115.
Any person having obtained the right to erect and maintain, or to maintain or raise any dam, under the provisions of this act, who shall not, within one year thereafter, begin to build said dam and finish the same, or who, having already erected said dam, shall, for the same length of time, fail to proceed, under the provisions of this act, to perfect his or her right to maintain the same, and apply the water power thereby created to the purposes stated in his or her petition, within three years, or in case the said dam and mills connected therewith shall be destroyed, shall not begin to rebuild it one year after such destruction, and finish it in three years, or, having erected such mills, shall fail to keep them in operation for two years at any one time, shall forfeit all rights acquired by virtue of the provisions of this act.
History: L. 1867, ch. 87, § 16; G.S. 1868, ch. 66, § 16; R.S. 1923, 59-116.
Whenever the channel, or any part thereof, of any navigable stream in the state of Kansas has heretofore been, or shall hereafter be, suddenly changed or altered by such stream establishing a new channel by flood or avulsion and the title to the abandoned channel is not controlled by K.S.A. 24-454, the secretary of state, as soon as practicable thereafter, shall procure the fee title in the state of Kansas to such new channel, by purchase or by condemnation proceedings.
History: L. 1927, ch. 341, § 1; L. 1974, ch. 364, § 30; L. 1978, ch. 430, § 8; April 1.
In the event that the channel, or any part thereof, of any navigable stream has heretofore been, or shall hereafter be, altered or changed in the manner described in K.S.A. 82a-201, the secretary of state, as soon as practicable, shall enter into negotiations with the owner or owners of the title to such new channel for the purpose of procuring deeds conveying title in fee to the state of Kansas for such new channel between the banks thereof, at high-water mark, for such sum or sums as may be agreed upon between the owner or owners and the secretary of state. No sum shall be paid for the new channel in excess of the net amount realized from the sale of the corresponding abandoned channel.
History: L. 1927, ch. 341, § 2; L. 1974, ch. 364, § 31; January 13, 1975.
In the event that the secretary of state and the owner or owners, of such new channel cannot agree upon a purchase price for the new channel, the secretary of state shall cause proceedings to be instituted to obtain title in fee to the new channel by condemnation. In the event the amount of money necessary to purchase the new channel, as ascertained by the condemnation proceedings, shall exceed the net amount realized from the sale of the corresponding abandoned channel, the secretary of state shall abandon the condemnation proceedings and be relieved from further duty to obtain title to the new channel unless he or she can procure the title as provided in K.S.A. 82a-202.
History: L. 1927, ch. 341, § 3; L. 1974, ch. 364, § 32; January 13, 1975.
For the purpose of acquiring the new channel, the secretary of state shall cause the land in the corresponding abandoned channel to be surveyed by a surveyor, selected by him or her, and shall thereafter sell and convey the same, or any part thereof, by grant or patent. Any such survey and appropriate field notes, maps, records or other papers relating thereto shall be filed with the register of the state land office. Such land shall, if possible, be sold at the best price obtainable, to be agreed upon between the secretary of state, and any person desiring to buy the same. If it is not possible for such prospective purchaser and the secretary of state to agree upon a price, then the land shall be sold by the secretary of state as one tract, or in different tracts, under an appraisement made by three disinterested persons residing in the county or counties where such abandoned channel is located. Such appraisers shall be appointed by the secretary of state. The sale price shall be not less than three-fourths of the appraised value, and in no case shall such land be sold for less than the cost of surveying, appraising and selling the same. The proceeds arising from the sale shall be applied as follows: First, to the payment of all expenses necessarily incurred in surveying, appraising and selling the same. Second, to purchase the fee title to the bed of the new channel. Third, the balance, if any, to be remitted to the state treasurer and deposited in the state treasury to the credit of the state general fund.
History: L. 1927, ch. 341, § 4; L. 1974, ch. 364, § 33; L. 1978, ch. 430, § 9; April 1.
Whenever a sale of land is made under article 2 of chapter 82a of Kansas Statutes Annotated, the secretary of state shall cause to be executed and delivered a good and sufficient deed or patent, conveying to the purchaser or purchasers of said land, all of the title of the state of Kansas therein.
History: L. 1927, ch. 341, § 5; L. 1974, ch. 364, § 34; L. 1978, ch. 430, § 10; April 1.
History: L. 1933, ch. 41, §§ 1 to 3 (Special Session); Repealed, L. 1951, ch. 526, § 1; June 30.
(a) Whenever the channel, or any part thereof, of any navigable stream in or bordering upon the state of Kansas has previously been, or shall hereafter be, changed or altered by such stream establishing a new channel by flood or avulsion, so that any land situated between the banks of such stream at high-water mark shall be abandoned or no longer used as a channel for such stream and the title to such channel is not controlled by K.S.A. 24-454, and amendments thereto, or the provisions of article 2 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto, are not applicable, the Kansas secretary of state shall cause such land to be surveyed by a surveyor selected by the secretary of state, and may thereafter sell and convey the same, or any part thereof, by grant or patent, as hereinafter provided. Any such survey and appropriate field notes, maps, records or other papers relating to such survey shall be filed with the register of the state land office. A certified copy of such survey may be filed in the office of the register of deeds of the county within which the land is located. Such land, or any part thereof, may be conveyed to the Kansas department of wildlife and parks or may be sold at the best price obtainable to be agreed upon between the secretary of state, acting for and in behalf of the state of Kansas, and any person desiring to buy the same. In any case where any such land has been a part of the bed or channel of any navigable stream bordering on the state of Kansas and the survey establishes parts of such land lying between the Kansas bank of such stream at the high-water mark and the center of the main channel of such stream to be the property of this state that prior to the survey has been occupied and claimed by any person under any patent, conveyance or grant issued or made after April 1952, to such person from a bordering state or a political subdivision thereof, the secretary of state first shall offer such parts of such lands to such persons occupying and claiming the same as aforesaid at a price represented by the proportionate cost of such survey determined by applying the total cost of the survey to the total acreage of lands covered by said survey. Upon satisfactory proof made thereof, the secretary of state shall allow as a credit to such purchase price the actual cash paid for any such patent, conveyance or grant and the actual costs of any permanent improvements made to any such lands or parts thereof by the person occupying and claiming the same. Upon the refusal of any such offer to such person, the land may be sold by the secretary of state as herein provided.
(b) If it is not possible for such prospective purchaser and the secretary of state to agree on a price, then the land shall be sold by the secretary of state as one tract, or in different tracts, as the secretary of state may determine, under an appraisement made by three disinterested persons residing in the county or counties where such abandoned channel sought to be sold is situated, which appraisers shall be appointed by the secretary of state. Such sale shall be for not less than 3/4 of the appraised value. In no case shall such land be sold for less than the cost of surveying, appraising and selling the same.
History: L. 1978, ch. 430, § 1; L. 1980, ch. 330, § 3; L. 1989, ch. 308, § 2; L. 2012, ch. 47, § 131; L. 2023, ch. 7, § 144; July 1.
The proceeds arising from the sale of any such land shall be remitted by the secretary of state to the state treasurer who shall deposit the entire amount thereof in the state treasury to the credit of the state general fund.
History: L. 1978, ch. 430, § 2; April 1.
Upon any sale being made and completed as hereinbefore provided, the secretary of state shall cause to be executed and delivered a good and sufficient grant or patent conveying to the purchaser or purchasers of said land, or tracts of land, so sold, all of the title of the state of Kansas in and to each of said tracts of land.
History: L. 1978, ch. 430, § 3; April 1.
(a) The secretary of state is hereby authorized to lease or grant a construction and maintenance easement to a public utility in the tract of land which forms the island in the Kansas river in the South ½ of Section 11 and the North ½ of Section 14 in Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas county, Kansas, for a construction project and the maintenance thereof. Such lease or easement shall be for a period of time of not to exceed 33 years and shall be limited to that portion of such island necessary for such construction project and the maintenance thereof.
(b) If the secretary of state determines that no adequate survey of such tract of land is available, the secretary shall cause such tract of land to be surveyed by a surveyor selected by the secretary. Any survey conducted under this act and appropriate field notes, maps, records and other papers relating to such survey shall be filed with the register of the state land office. A certified copy of such survey may be filed in the office of the register of deeds of Douglas county.
(c) The secretary of state shall obtain an appraisement of the proposed lease or grant of an easement under this section, made by three disinterested persons residing in Douglas county appointed by the secretary of state. The secretary of state shall obtain the best price available for any such lease or grant of an easement, to be agreed upon between the public utility and the secretary of state, acting for and in behalf of the state of Kansas. In no case shall such price be less than the costs incurred by the secretary of state under this act, including but not limited to surveying and appraising such tract of land.
(d) All moneys received by or for the secretary of state under this act shall be remitted by the secretary of state to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1980, ch. 257, § 1; L. 2001, ch. 5, § 470; July 1.
(a) The secretary of state is hereby authorized and directed to grant an easement on tracts of land owned by the state of Kansas along the south bank of the Kansas river in Douglas county and within and without the city of Lawrence, Kansas, to the city of Lawrence, Kansas, for use as a nature trail and for similar park and recreational purposes. Such easement shall be 80 feet in width and shall be 40 feet on each side of the following described line: (1) Beginning on the west right-of-way line of Massachusetts street extended 979.10 feet north of the center line of 7th
street in Lawrence, Kansas; thence N 75°59′36″ W 109.77 feet; thence N 34°18′54″ W 155.74 feet; thence N 47°40′01″ W 136.84 feet; thence N 41°13′12″ W 239.03 feet; thence N 36°25′06″ W 230.45 feet; thence N 29°38′28″ W 213.34 feet; thence N 26°56′51″W 195.11 feet; thence N 21°47′18″ W 165.50 feet; thence N 17°12′15″ W 321.21 feet; thence N 10°32′42″ W 199.19 feet; thence N 15°19′38″ W 181.14 feet; thence N 15°59′09″ W 188.41 feet; thence N 06°28′47″ W 180.37 feet; thence N 05°08′47″ W 159.48 feet; thence N 08°23′39″ W 296.01 feet; thence N 03°00′17″ E 146.47 feet; thence N 05°26′29″ W 203.93 feet; thence N 15°28′11″ W 106.70 feet; thence N 04°56′18″ E 82.85 feet; thence N 36°18′57″ W 154.24 feet; thence N 39°09′37″ W 158.22 feet; thence N 51°03′11″ W 135.06 feet; thence N 40°48′22″ W 109.84 feet; thence N 27°51′37″ W 89.33 feet; and (2) continuing at a point 4622.72 feet North and 1647.06 feet West of the Centerline of 7th
and Massachusetts streets in the city of Lawrence, Douglas county, Kansas; thence N 12°31′19″ W 306.73 feet, thence N 02°50′09″ W 213.58 feet, thence N 08°05′30″ W 236.20 feet, thence N 04°31′52″ E 288.07 feet, thence N 11°01′44″ E 302.52 feet, thence N 13°07′06″ E 243.79 feet, thence N 14°54′13″ E 276.58 feet, thence N 10°45′27″ E 298.57 feet, thence N 13°02′39″ E 306.32 feet, thence N 06°45′45″ E 270.50 feet, thence N 20°54′58″ E 200.20 feet, thence N 14°22′40″ E 287.31 feet, thence N 07°34′30″ E 301.10 feet, thence N 00°23′48″ E 298.64 feet, thence N 03°56′44″ W 297.03 feet, thence N 02°13′21″ W 266.65 feet, thence N 02°54′58″ W 287.17 feet, thence N 07°44′48″ W 274.37 feet, thence N 14°16′58″ W 292.11 feet, thence N 21°32′26″ W 257.31 feet, thence N 30°12′27″ W 278.29 feet, thence N 28°20′29″ W 298.50 feet, thence N 32°39′50″ W 193.20 feet, to a point of termination on the North line of Section 24, Township 12 South, Range 19 East of the Sixth Principal Meridian, such point being approximately 5137.55 feet East of the Northwest corner of such Section 24.
(b) Such easement shall be conditioned on the city of Lawrence assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor.
(c) The city of Lawrence, Kansas, is hereby authorized to acquire the easement described in subsection (a) as provided in this section, to use such easement as a nature trail and for similar park and recreational purposes and to assume full responsibility for such use and hold the state of Kansas harmless therefor.
History: L. 1980, ch. 261, § 1; L. 1981, ch. 395, § 1; L. 1982, ch. 434, § 1; April 29.
The secretary of state is hereby authorized and directed to grant an easement to the MBPXL corporation on a tract of land owned by the state of Kansas along the south bank of the Arkansas river in the Northeast ¼ of the Northeast ¼ of the Southeast¼ of Section 5 in Township 27 South, Range 24 West in Ford county, Kansas, for the purpose of locating, constructing, operating and maintaining diversion works for the appropriation of water. Such easement shall be conditioned on such corporation assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. Such easement shall terminate if the land is no longer used for the purpose for which the easement was granted.
History: L. 1981, ch. 322, § 1; May 13.
(a) The secretary of state is hereby authorized and directed to grant an easement to the city of Topeka, Kansas, on a tract of land owned by the state of Kansas along the south and north banks of the Kansas river described as follows: Commencing at the southwest corner of the northwest quarter of section 26, township 11 south, range 15 east of the 6th
p.m.; thence on a line 89°59′28″ along the south line of the northwest quarter, a distance of 1305.42 feet to the southeast corner of government survey lot 4; thence on a line 31°25′19″, a distance of 2,475.90 feet to the point of beginning; thence on a line 254°45′25″ a distance of 861.04 feet; thence on a line 311°43′22″, a distance of 1,277.83 feet; thence on a line 78°43′22″, a distance of 1,809.23 feet; thence on a line 169°23′29″, a distance of 963.02 feet; thence on a line 259°23′29″, a distance of 170.00 feet to the point of beginning. Less that part of the above described tract lying northerly of the northerly high bank of the Kansas river and less that part of such tract lying southerly of the southerly high bank of the Kansas river.
(b) Such easement shall be conditioned on the city of Topeka assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. Such easement shall terminate if the land is no longer used for the purpose for which the easement was granted.
(c) The city of Topeka, Kansas, is hereby authorized to acquire the easement described in subsection (a) and to use such easement for the purpose of locating, constructing, maintaining and operating diversion works for the appropriation of water and to assume full responsibility for such use and hold the state of Kansas harmless therefor.
History: L. 1987, ch. 399, § 1; L. 1987, ch. 329, § 1; May 28.
The secretary of state is hereby authorized and directed to cause to be conveyed by quitclaim deed, without consideration, any title of the state of Kansas in any tract of land located in Atchison county or Doniphan county between the west Missouri river meander line established by the Kansas survey of 1872 and the east Missouri river meander line established by the Missouri survey of 1862 to the person or persons claiming such tract under color of title.
History: L. 1989, ch. 250, § 1; April 13.
The secretary of state is hereby authorized and directed to cause to be conveyed by quitclaim deed, without consideration, any title of the state of Kansas in any tract of land located in the abandoned Kansas river channel located within the corporate limits of the city of Ogden, Kansas, as of the effective date of this act.
History: L. 1991, ch. 249, § 1; July 1.
(a) The secretary of state is hereby authorized to grant a construction and maintenance easement to Finney county in, along and across the Arkansas river at a location in the Southeast ¼ of the Northeast ¼ of the Northwest ¼ of Section 23, Township 24 South, Range 33 West, in Finney county, Kansas, for the purpose of constructing and maintaining a stream crossing.
(b) The easement authorized by this section shall be conditioned on Finney county's assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. The easement shall terminate if the land is no longer used for the purpose for which the easement was granted.
(c) Finney county is hereby authorized to acquire the easement described in subsection (a) and to use the easement for the purpose of constructing and maintaining a stream crossing and to assume full responsibility for such use and hold the state of Kansas harmless therefor.
History: L. 1997, ch. 20, § 1; April 10.
(a) The secretary of state is hereby authorized and directed to grant a permanent sanitary sewer easement to the city of Ogden on a tract of land owned by the state of Kansas in the following described real property:
A tract of land lying 40 feet on each side of a line located in the northwest quarter of section 18, township 11 south, range 7 east of the 6th
P.M. in Riley county, Kansas, said line more particularly described as follows:
Commencing at the Northwest corner of said section 18; Thence along the north line of the northwest quarter of said section 18 S.89°17′55″E. 1021.61 feet (S.89°17′55″E. being an assumed bearing); Thence S.0°42′05″W. 2068.78 feet to the point of beginning, being on the westerly line of "the state of Kansas" tract as described on page 766 of book 483 at the Riley county register of deeds; thence S.55°49′16″E. to the west or left normal high water line of the Kansas river, being the point of terminus.
For the purpose of construction and maintenance of the outfall pipe and a concrete headwall for the Ogden wastewater treatment facility, such easement shall be conditioned on such facility assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefore. Such easement shall terminate if the land is no longer used for the purpose for which the easement was granted.
(b) The deed conveying the easement described under subsection (a) shall be approved by the attorney general and shall be executed by the secretary of state. The deed for the conveyance may be warranty deed or by quitclaim deed as determined to be in the best interest of the state by the attorney general in consultation with the secretary of state.
(c) In the event that the secretary of state determines that the legal description of the parcel described by this section is incorrect, the secretary of state may convey the easement utilizing the correct legal description but the deed conveying the easement shall be subject to the approval of the attorney general.
(d) The conveyance of the easement authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a or K.S.A. 75-6609 or 75-6610, and amendments thereto.
History: L. 2010, ch. 78, § 1; July 1.
(a) As used in this act:
(1) "Conservation project" means any project or activity that the director of the Kansas water office determines will assist in restoring, protecting, rehabilitating, improving, sustaining or maintaining the banks of the Arkansas, Kansas or Missouri rivers from the effects of erosion;
(2) "director" means the director of the Kansas water office; and
(3) "state property" means real property currently owned in full or in part by the state in the Arkansas, Kansas or Missouri rivers in Kansas, in and along the bed of the river to the ordinary high water mark on the banks of such rivers.
(b) (1) The director may negotiate and grant easements on state property for construction and maintenance of conservation projects with cooperating landowners in such projects for the expected life of the project and with such terms and conditions as the director, after consultation with the Kansas department of agriculture, the Kansas department of health and environment, the Kansas department of wildlife and parks and the Kansas department of agriculture division of conservation, may deem appropriate.
(2) Notice of the easement shall be given to the county or counties in which the easement is proposed and to any municipality or other governmental entity that, in the opinion of the director, holds a riparian interest in the river and may have an interest in the project or results thereof. Those persons or entities receiving notice shall have a period, not to exceed 30 days, to provide comment on the proposed easement to the director.
(3) In the event such an easement is proposed to be granted on state property owned or managed by any other agency of the state, the director shall give notice of the proposed easement and project to that agency and jointly negotiate any such easement.
(4) A copy of all easements so entered shall be filed by the director with the office of the register of deeds for the county or counties in which the easement is located.
(c) The director shall adopt rules and regulations necessary to carry out this act.
History: L. 2011, ch. 29, § 1; L. 2012, ch. 140, § 133; L. 2023, ch. 7, § 145; L. 2025, ch. 29, § 11; July 1.
History: L. 2011, ch. 29, § 1; L. 2012, ch. 47, § 132; Repealed, L. 2013, ch. 133, § 37; July 1.
(a) The secretary of state is hereby authorized and directed to grant an easement on land owned by the state of Kansas along the north bank of the Kansas river in Wyandotte county and within and without the city of Kansas City, Kansas, to the unified government of Wyandotte county/Kansas City for use as a boat ramp. Such easement shall be 80 feet in width and shall be 40 feet on each side of the following described line: Commencing at the northwest corner of southwest quarter of section 22-T11S, R25E; Thence north 86 degrees 14 minutes 35 seconds east, along the north line of said southwest quarter, 1363.51 feet, to a point on the centerline of 7th street (US 169 highway); Thence south 03 degrees 39 minutes 31 seconds east, along said centerline of 7th Street, 1140.53 feet, to a point on the north line of the kaw valley drainage district permanent easement; Thence south 47 degrees 23 minutes 54 seconds east, 310.05 feet, to a point at the northerly end center point of a 20.00 foot wide boat ramp; Thence south 63 degrees 26 minutes 06 seconds east, 150.00 feet, along the centerline of said boat ramp to the approximate water line of the Kaw river; Thence continuing south 63 degrees 23 minutes 06 seconds east, 36.00 feet, along the centerline of said boat ramp to the southerly end of said boat ramp; subject to survey and any easement and restrictions of record.
(b) The unified government of Wyandotte county/Kansas City is hereby authorized to acquire the easement described in subsection (a) for use as an emergency management boat ramp for the Kansas City, Kansas fire department. Such easement shall be conditioned on the unified government of Wyandotte county/Kansas City prohibiting public access to such easement and assuming full responsibility for such use and holding the state of Kansas harmless therefor.
(c) The legal document granting the easement described under subsection (a) shall be approved by the attorney general and shall be executed by the secretary of state. The conveyance may be in such form as determined to be in the best interest of the state by the attorney general in consultation with the secretary of state.
(d) In the event the secretary of state determines that the legal description of the parcel described by this section is incorrect, the secretary of state may grant the easement utilizing the correct legal description but the legal document granting the easement shall be subject to approval by the attorney general.
(e) The conveyance of the easement authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a or K.S.A. 75-6609, and amendments thereto.
History: L. 2014, ch. 4, § 1; March 27.
(a) (1) Except as provided in subsections (c) and (d), without the prior written consent or permit of the chief engineer of the division of water resources of the Kansas department of agriculture, it shall be unlawful for any person, partnership, association, corporation or agency or political subdivision of the state government to:
(A) Construct, modify or add to any dam;
(B) construct, modify or add to any water obstruction in a designated stream; or
(C) change or diminish the course, current, or cross section of any designated stream within this state.
(2) Any application for any permit or consent shall be made in writing in such form as specified by the chief engineer.
(3) Revetments for the purpose of stabilizing a caving bank which are properly placed shall not be construed as obstructions for the purposes of this section.
(b) As used in K.S.A. 82a-301 et seq., and amendments thereto:
(1) "Dam" means any artificial barrier including appurtenant works with the ability to impound water, waste water or other liquids that has a height of 25 feet or more; or has a height of six feet or greater and a storage volume at the top of the emergency spillway elevation of 50 or more acre feet. The height of a dam or barrier shall be measured from the lowest elevation of the streambed, downstream toe or outside limit of the dam to the elevation of the top of the dam.
(2) "Designated stream" means a natural or man-made channel that conveys drainage or runoff from a watershed having an area of:
(A) One or more square miles in zone one, which includes all geographic points located in or east of Washington, Clay, Dickinson, Marion, Harvey, Sedgwick or Sumner counties;
(B) two or more square miles in zone two, which includes all geographic points located west of zone one and in or east of Smith, Osborne, Russell, Barton, Stafford, Pratt or Barber counties; or
(C) three or more square miles in zone three, which includes all geographic points located west of zone two.
(c) (1) The prior written consent or permit of the chief engineer shall not apply to water obstructions that meet the following requirements:
(A) The change in the cross section of a designated stream is obstructed less than 5% and the water obstruction or change is contained within a land area measuring 25 feet or less along the stream length; or
(B) (i) the water obstruction is not a dam as defined in subsection (b);
(ii) the water obstruction is not located within an incorporated area;
(iii) every part of the water obstruction, and any water impounded by such obstruction, is located more than 300 feet from any property boundary; and
(iv) the watershed area above the water obstruction is five square miles or less.
(2) If the water obstruction does not meet the requirements of subsection (c)(1)(B)(iii), but meets all other requirements of subsection (c)(1)(B), such water obstruction may be exempted from the permitting requirements of subsection (a) if the chief engineer determines such water obstruction has minimal impact upon safety and property based upon a review of the information, to be provided by the owner, including:
(A) An aerial photo or topographic map depicting the location of the proposed project, the location of the stream, the layout of the water obstruction, the property lines and names and addresses of adjoining property owners; and
(B) the principal dimensions of the project including, but not limited to, the height above streambed.
(3) Notwithstanding any other provision of this section, the chief engineer may require a permit for any water obstruction described in this subsection if the chief engineer determines such permit is necessary for the protection of life or property.
(d) The prior written consent or permit of the chief engineer shall not be required for construction or modification of a hazard class A dam that:
(1) Has a height of less than 30 feet and a storage volume at the top of the emergency spillway elevation of less than 125 acre feet, and the dam location and dimensions have been registered with the division of water resources in a written form prescribed by the chief engineer; or
(2) is a wastewater storage structure for a confined feeding facility that has been approved by the secretary of health and environment pursuant to K.S.A. 65-171d, and amendments thereto.
History: L. 1929, ch. 203, § 1; L. 1978, ch. 431, § 6; L. 2002, ch. 138, § 2; L. 2011, ch. 67, § 1; L. 2013, ch. 111, § 4; July 1.
It is the intent of the legislature by this act to provide for the exclusive regulation of construction, operation and maintenance of all dams or other water obstructions by the state to the extent required for the protection of public safety. All dams or other water obstructions are declared to be under the jurisdiction of the division of water resources of the Kansas department of agriculture and the chief engineer thereof. The chief engineer or his or her authorized representative shall supervise the construction, modification, operation and maintenance of dams or other water obstructions for the protection of life and property.
History: L. 1978, ch. 431, § 1; L. 2004, ch. 101, § 135; July 1.
(a) Except as otherwise provided for general permits, each application for the consent or permit required by K.S.A. 82a-301, and amendments thereto, shall be accompanied by complete maps, plans, profiles and specifications of such construction, modification or addition proposed to be made, the required application fee as provided in subsection (b) unless otherwise exempted, and such other data and information as the chief engineer may require. The chief engineer shall adopt rules and regulations for the issuance of a general permit which may be issued for projects which require limited supervision and review.
(b) (1) The application fee for a permit to construct, modify or add to a dam shall be $200.
(2) The application fee for a permit to construct, modify, or add to a water obstruction or to change or diminish the course, current or cross section of a stream shall be based on the watershed area.
(3) The application fee for a general permit shall be $100.
(c) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-328, and amendments thereto.
History: L. 1929, ch. 203, § 2; L. 1978, ch. 431, § 7; L. 2002, ch. 138, § 3; L. 2010, ch. 17, § 211; L. 2013, ch. 111, § 5; July 1.
The chief engineer of the division of water resources shall have power to grant or withhold such consent or permit or may incorporate in and make a part of said consent or permit such terms, conditions and restrictions as may be deemed by him or her advisable. It shall be unlawful to: (a) Construct or begin the construction of any dam or other water obstruction, or (b) make or begin any change or addition in any dam or other water obstruction, except in accordance with the terms, conditions and restrictions of such consent or permit, and such rules and regulations as may be adopted by the chief engineer of the division of water resources.
History: L. 1929, ch. 203, § 3; L. 1978, ch. 431, § 8; April 11.
The chief engineer of the division of water resources of the Kansas department of agriculture shall adopt and may from time to time amend rules and regulations in order to establish standards for the construction, modification, operation and maintenance of dams and other water obstructions and to administer and enforce the provisions of this act.
History: L. 1978, ch. 431, § 2; L. 2004, ch. 101, § 136; July 1.
(a) (1) In order to secure conformity with adopted rules and regulations and to assure compliance with the terms, conditions or restrictions of any consent or permit granted pursuant to the provisions of K.S.A. 82a-301 through 82a-303, and amendments thereto, the chief engineer or an authorized representative of the chief engineer shall have the power and the duty to inspect any dam or other water obstruction. Upon a finding pursuant to K.S.A. 82a-303c(a), and amendments thereto, by the chief engineer that a dam is unsafe, the chief engineer shall order an annual inspection of the dam until it is either in compliance with all applicable provisions of this act, any rules and regulations promulgated pursuant to this act, permit conditions and orders of the chief engineer; or the dam is removed. The safety inspection shall be conducted by the chief engineer or authorized representative and the cost shall be paid by the dam owner. The class and size of a dam shall be defined by rules and regulations adopted by the chief engineer pursuant to K.S.A. 82a-303a, and amendments thereto. For inspections conducted by the chief engineer or the chief engineer's authorized representative, inspection fees are as follows:
| Size of Dam | Inspection fee | | --- | --- | | Class 1 | $1,500 | | Class 2 | $1,500 | | Class 3 | $2,500 | | Class 4 | $4,000 |
(2) Each hazard class C dam shall be required to have a safety inspection conducted by a licensed professional engineer qualified in design, construction, maintenance and operation of dams once every three years, unless otherwise ordered by the chief engineer.
(3) Each hazard class B dam shall be required to have a safety inspection conducted by a licensed professional engineer qualified in design, construction, maintenance and operation of dams once every five years unless otherwise ordered by the chief engineer.
(4) Within 60 days of the date of inspection, a report of the inspection shall be provided to the chief engineer by the licensed professional engineer who conducted the inspection. The report shall document the physical condition of the dam, describing any deficiencies observed, an analysis of the capacity of the dam and its spillway works, compliance of the dam with approved plans and permit conditions, changes observed in the condition of the dam since the previous inspection, an assessment of the hazard classification of the dam including a statement that the engineer either agrees or disagrees with the current classification, and any other information relevant to the safety of the dam or specifically requested by the chief engineer.
(5) Upon failure of a dam owner to comply with the applicable inspection interval, the chief engineer or such chief engineer's authorized representative shall conduct a mandatory inspection of the dam and the costs as established by this act for the inspection shall be paid by the owner, in addition to any other remedies provided for violations of this act.
(6) The failure to file a complete and timely report as required by the provisions of this act, or the failure to submit the fees assessed for inspections conducted by the chief engineer or the chief engineer's authorized representative shall be deemed a violation of this act and subject to the penalties provided by K.S.A. 82a-305a, and amendments thereto.
(b) For the purpose of inspecting any dam or other water obstruction, the chief engineer or an authorized representative of the chief engineer shall have the right of access to private property. Costs for any work which may be required by the chief engineer or the authorized representative prior to or as a result of the inspection of a dam or other water obstruction shall be paid by the owner, governmental agency or operator of such dam or other water obstruction.
(c) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-328, and amendments thereto.
History: L. 1978, ch. 431, § 3; L. 2002, ch. 138, § 4; L. 2013, ch. 111, § 6; L. 2017, ch. 86, § 12; July 1.
(a) Whenever the chief engineer finds that: (1) The construction, modification, operation or maintenance of a dam or other water obstruction is in violation of adopted rules and regulations or of terms, conditions or restrictions of a permit or consent granted by the chief engineer or, (2) conditions exist in the construction, modification, operation or maintenance of a dam or other water obstruction which may present a hazard to the public's safety, he or she shall issue an order to require the correction of any such violation or condition existing in the construction, modification, operation or maintenance of a dam or other water obstruction by the owner or operator thereof. An order may be issued to require the removal of a dam or other water obstruction. The order shall contain the chief engineer's findings concerning any violation or conditions existing and shall prescribe the corrective action to be taken.
(b) Whenever the condition of any dam or other water obstruction is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to construction, modification, maintenance or operation thereof, or, the passing of imminent floods threaten the safety of any dam or other water obstruction, the chief engineer shall immediately employ any remedial means necessary to protect the safety of life or property. The chief engineer shall continue in full charge and control of any such dam or other water obstruction until the same is rendered safe or the emergency occasioning the remedial action has ceased.
History: L. 1978, ch. 431, § 4; April 11.
History: L. 1929, ch. 203, § 4; L. 1933, ch. 330, § 1; L. 1978, ch. 431, § 9; Repealed, L. 2002, ch. 138, § 8; July 1.
History: L. 1929, ch. 203, § 5; L. 1945, ch. 389, § 1; Repealed, L. 1978, ch. 431, § 10; April 11.
(a) Any person, partnership, association, corporation or agency or political subdivision of the state government who violates any provision of this act or of any rule and regulation or order issued pursuant thereto shall be deemed guilty of a class C misdemeanor. Each day that any such violation occurs after notice of the original violation is served upon the violator by the chief engineer by restricted mail shall constitute a separate offense.
(b) Upon request of the chief engineer, the attorney general shall bring suit in the name of the state of Kansas in any court of competent jurisdiction to enjoin (1) the unlawful construction, modification, operation or maintenance of any dam or other water obstruction, or (2) the unlawful change or diminution of the course, current or cross section of a river or stream. Such court may require the removal or modification of any such dam or other water obstruction by mandatory injunction.
History: L. 1978, ch. 431, § 5; April 11.
History: L. 1929, ch. 143, § 1; Repealed, L. 1931, ch. 318, § 6; March 12.
(a) Upon petition of 50 taxpayers of any county of this state, owning land in the flood plain of any river in such county, or upon enactment of a resolution by the county commission of such county, the board of county commissioners of each county in this state are hereby authorized within their respective jurisdictions to clean and maintain the banks and channels of the streams and watercourses within definitely established bank lines, and to keep such streams free of drift, trees and other debris, for the purpose of reducing floods and overflows. Upon such petition or resolution, the board of county commissioners may remove debris pursuant to this section, but shall not change or diminish the course, current or cross section of any stream.
(b) The board of county commissioners, having obtained written permission from the landowner, may enter upon private property, if necessary, to clean and maintain such streams, doing as little damage as possible thereto. If material damage is done to any property, the commissioners shall allow reasonable compensation therefor if the landowner presents a claim in writing to the board within 60 days from the date of such alleged material damage.
(c) Nothing in this act shall be construed to permit the board of county commissioners of any county to remove or destroy any permanent improvement, including dams and bridges, in and over such streams, providing such improvements, dams or bridges have been lawfully placed thereon.
History: L. 1929, ch. 143, § 2; L. 1931, ch. 318, § 1; L. 1951, ch. 527, § 1; L. 2013, ch. 111, § 7; July 1.
History: L. 1931, ch. 318, § 2; L. 2004, ch. 101, § 137; Repealed, L. 2013, ch. 111, § 10; July 1.
Any expenses incurred in removing such obstructions as are mentioned in K.S.A. 82a-307, and amendments thereto, or damage to private property, shall be paid out of the general fund of the respective counties but if it shall appear that the obstructions were caused by owners of adjoining property, the expenses shall be charged to the adjoining property as a special tax to be levied and collected as other special taxes and assessments. In the event that the general fund of any county shall not be sufficient to bear the cost of the operations mentioned in this section, including the maintenance of such streams or watercourses, then the board of county commissioners of such county may levy an annual tax upon all property in the county for the purpose of creating a fund known as stream maintenance fund from which fund the costs and expenses of the operation herein provided for shall be paid and for the purpose of paying a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
History: L. 1929, ch. 143, § 3; L. 1931, ch. 318, § 3; L. 1970, ch. 100, § 44; L. 1980, ch. 65, § 8; L. 1999, ch. 154, § 47; May 27.
(a) Of compensation received for sand products sold pursuant to K.S.A. 70a-102 and amendments thereto, $.0375 per ton sold shall be returned as follows:
(1) If the sand products are taken from the bed of the river at a location which is within the boundaries of a drainage district, the board of directors of the district from which the sand products were taken shall be entitled to receive ⅔ of the amount returned and the remaining ⅓ shall be divided among the remaining drainage districts in the county, to be used for bank stabilization, soil conservation, or maintenance and operation of flood control systems, in proportion to the frontage on such river.
(2) If the sand products are taken from the bed of the river at a location which is not within the boundaries of a drainage district, the proceeds attributable to such sand products shall be returned to the counties which have adopted this act and have notified, prior to July 1 following the adoption of this act, the director of taxation of such adoption, and through which such river flows, in proportion to the mileage of the river bank in such county. Moneys paid to a county pursuant to this paragraph shall be disbursed or used as follows:
(A) If there are one or more drainage districts organized under the laws of this state which are located in such county along a river that is the property of the state of Kansas and which operate and maintain river flood control improvements in or along such river, the county shall disburse such moneys to each such drainage district, to be used for bank stabilization, soil conservation, or maintenance and operation of flood control systems, in proportion to each district's frontage on such a river.
(B) If there is no drainage district organized under the laws of this state which is located in such county along a river that is the property of the state of Kansas, the county may use the moneys for construction, operation and maintenance of public improvements located along, in or over such a river or for the preservation of land and development and maintenance of public areas along such river or tributaries adjacent to such river.
(b) The unencumbered balance of any moneys which were distributed to a county pursuant to this section as it existed before its amendment on July 1, 1995, and which remain in the county treasury on July 1, 1995, shall be distributed in the manner provided by this section as amended on July 1, 1995.
History: L. 1929, ch. 143, § 4; L. 1931, ch. 318, § 4; L. 1933, ch. 331, § 1; L. 1933, ch. 249, § 6; L. 1937, ch. 387, § 1; L. 1961, ch. 311, § 7; L. 1992, ch. 109, § 2; L. 1995, ch. 238, § 2; L. 1996, ch. 144, § 2; July 1.
History: L. 1931, ch. 318, § 5; Repealed, L. 1995, ch. 238, § 3; July 1.
In any county in this state which, prior to the adoption of this act, has received any of the proceeds from the sale of sand products and which failed to have a survey made, as provided in K.S.A. 82a-307a, which survey was made by drainage districts in said county, the county commissioners are directed to pay to drainage districts which have had the survey made or which shall, within one year after the taking effect of this act have such survey made, the costs of such surveys, and the balances of said proceeds shall be divided among said drainage districts in proportion to the frontage on such rivers.
History: L. 1937, ch. 387, § 2; March 31.
History: L. 1939, ch. 354, § 1; Repealed, L. 2013, ch. 111, § 10; July 1.
History: L. 1939, ch. 354, § 2; Repealed, L. 2013, ch. 111, § 10; July 1.
History: L. 1939, ch. 354, § 3; Repealed, L. 2013, ch. 111, § 10; July 1.
(a) This act shall be known and may be cited as the water projects environmental coordination act.
(b) In order to protect the environment while facilitating the use, enjoyment, health and welfare of the people of the state of Kansas, it is necessary that the environmental effect of any water development project be considered before such water development project is approved or permitted.
History: L. 1987, ch. 400, § 1; July 1.
When used in this act:
(a) "Water development project" means any project or plan that requires a permit pursuant to K.S.A. 24-126, 24-1213, 82a-301 et seq., and amendments thereto, or the multipurpose small lakes program act;
(b) "environmental review agencies" means the:
(1) Kansas department of wildlife and parks;
(2) Kansas forest service;
(3) state biological survey;
(4) Kansas department of health and environment;
(5) state historical society;
(6) Kansas department of agriculture division of conservation; and
(7) state corporation commission.
History: L. 1987, ch. 400, § 2; L. 1989, ch. 118, § 192; L. 1991, ch. 290, § 10; L. 1997, ch. 49, § 5; L. 2012, ch. 140, § 134; L. 2013, ch. 111, § 8; L. 2023, ch. 7, § 146; July 1.
History: L. 1987, ch. 400, § 2; L. 1989, ch. 118, § 192; L. 1991, ch. 290, § 10; L. 1997, ch. 49, § 5; L. 2012, ch. 47, § 133; Repealed, L. 2013, ch. 111, § 10; July 1.
(a) Prior to approval or issuance of a permit for a proposed water development project, the permitting agency shall obtain a review of the proposed project for environmental effects by the appropriate state environmental review agencies, and shall consider their comments in determining whether to approve or issue a permit for such project. The permitting agency may condition the approval of or permit for the project in a manner to address the environmental concerns of the environmental review agencies.
(b) In reviewing a proposed water development project, the environmental review agency shall consider:
(1) The beneficial and adverse environmental effects of a proposed project on water quality, fish and wildlife, forest and natural vegetation, historic, cultural, recreational, aesthetic, agricultural and other natural resources;
(2) the means and methods to reduce adverse environmental effects of a proposed project; and
(3) alternatives to a proposed project with significant adverse environmental effects.
(c) Each environmental review agency shall send its written comments on the proposed project within 30 days of receipt of the proposal from the permitting agency.
(d) Nothing in this act shall be construed as prohibiting a permitting agency from approving or issuing a permit if an environmental review agency determines adverse environmental effects will result if the project is approved or permitted. Nothing in this act shall be construed as preempting or duplicating any existing environmental review process otherwise provided or authorized by law.
History: L. 1987, ch. 400, § 3; July 1.
There is hereby created in the state treasury the water structures fund. The chief engineer of the division of water resources, Kansas department of agriculture shall remit all moneys received under K.S.A. 82a-302, 82a-303b and 24-126, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the water structures fund. All expenditures from the water structures fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person designated by the secretary.
History: L. 2002, ch. 138, § 5; July 1.
Revisor's Note: Later act, see 82a-405, 82a-409.
History: L. 1929, ch. 205, § 1; L. 1933, ch. 332, § 1; L. 1933, ch. 127, § 1 (Special Session); L. 1939, ch. 353, § 1; Repealed, L. 1941, ch. 400, § 6; June 30.
Revisor's Note: Later act, see 82a-406. Owners of dams approved hereunder entitled to reduction in assessed valuation, see 82a-407.
History: L. 1929, ch. 205, § 2; L. 1935, ch. 320, § 1; Repealed, L. 1941, ch. 400, § 6; June 30.
Revisor's Note: Later act, see 82a-407.
History: L. 1929, ch. 205, § 3; L. 1935, ch. 320, § 2; Repealed, L. 1941, ch. 400, § 6; June 30.
History: L. 1933, ch. 332, § 2; L. 1935, ch. 320, § 3; Repealed, L. 1941, ch. 400, § 6; June 30.
Any landowner owning land in the state of Kansas, not within the corporate limits in any city in this state, who shall lawfully by the construction of a dam across a dry watercourse or any stream or watercourse draining an area not exceeding 10 square miles, form upon such landowner's own land one or more reservoirs, having along the axis of the dam at the lowest point in the natural bed of a stream or watercourse a depth of not less than 10 feet and a storage capacity at spillway level, including the volume of any excavation in the reservoir area below such level, of not less than five acre feet, for the collection and storage of surface water or flood detention storage, and who shall maintain such dam or dams in a condition satisfactory to the chief engineer of the division of water resources in the Kansas department of agriculture, shall be entitled to an exemption from taxes levied upon such land in the amount prescribed by K.S.A. 79-201g, and amendments thereto.
History: L. 1941, ch. 400, § 1; L. 1957, ch. 538, § 1; L. 1959, ch. 414, § 1; L. 1965, ch. 555, § 1; L. 1968, ch. 239, § 1; L. 1975, ch. 495, § 24; L. 2004, ch. 101, § 138; July 1.
In order to be entitled to the tax exemption provided in K.S.A. 79-201g, the landowner must submit to the chief engineer of the division of water resources, complete plans for such dam showing the area of the drainage basin above the dam; plan, profile and cross sections of the dam and spillway; topographic map of the reservoir basin, and such other data and information as the chief engineer of the division of water resources may require, and such plans shall have the approval of the chief engineer and the dam be constructed in accordance with such plans before such exemption can be claimed.
History: L. 1941, ch. 400, § 2; L. 1975, ch. 495, § 25; July 1.
Upon the completion of any such dam to the satisfaction of the chief engineer of the division of water resources, said chief engineer shall certify the completion of the dam and the capacity of the reservoir, giving detailed information concerning the specific land area involved, to the county clerk or county assessor of the county in which the dam is located, who shall annually make such adjustment in the taxes levied against the land as the owner may be entitled to receive under the provisions of K.S.A. 79-201g, beginning with the first period, following the date of issue of the certificate of completion, on which taxes are regularly levied, and during the years which the landowner is entitled to such reduction.
History: L. 1941, ch. 400, § 3; L. 1965, ch. 555, § 2; L. 1975, ch. 495, § 26; July 1.
Whenever during periods of drought, it is deemed warranted in the judgment of a majority of the board of county commissioners of any county in this state, the commissioners may by resolution, duly adopted, declare a drought emergency to exist and shall determine where surplus water supplies exist and are available in reservoirs constructed in that county under the provisions of this act and may prescribe rules and regulations for obtaining such surplus waters. The owner of any land on which such a water supply has been or may be impounded, shall, upon being notified by the board of county commissioners, permit entry upon his or her land and access to the reservoir to all persons for the purpose of obtaining water in accordance with the rules and regulations prescribed by the board of county commissioners.
History: L. 1941, ch. 400, § 4; June 30.
Any landowner who, otherwise in accordance with applicable provisions of K.S.A. 82a-406 and 82a-407 and acts amendatory thereof or supplemental thereto, in connection with the erection and maintenance of one or more reservoirs for the storage of water and flood detention storage, shall donate to the state or to any of its agencies or subdivisions, land or easements or rights-of-way for such purposes, shall be entitled to an exemption from taxes levied upon the contiguous acreage owned by such landowner to the extent provided in K.S.A. 79-201g. The provisions of K.S.A. 82a-408 shall not apply to reservoirs constructed by the state, its agencies or subdivisions as provided herein.
History: L. 1941, ch. 400, § 5; L. 1957, ch. 538, § 2; L. 1959, ch. 414, § 2; L. 1965, ch. 555, § 3; L. 1970, ch. 407, § 1; L. 1971, ch. 331, § 1; L. 1975, ch. 495, § 27; July 1.
History: L. 1959, ch. 414, § 3; Repealed, L. 1975, ch. 495, § 28; July 1.
In case any section or sections or part of any section of this act shall be found to be unconstitutional, the remainder of the act shall not thereby be invalidated but shall remain in full force and effect.
History: L. 1941, ch. 400, § 7; June 30.
History: L. 1941, ch. 5, §§ 1, 2; Repealed, L. 1977, ch. 354, § 2; July 1.
History: L. 1935, ch. 321, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 322, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 323, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 324, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 325, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 326, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 327, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1935, ch. 328, §§ 1, 2; Repealed, L. 1951, ch. 526, § 1; June 30.
History: L. 1941, ch. 401, § 1; Repealed, L. 1943, ch. 334, § 1; June 28.
The legislature hereby ratifies the compact, designated as the "Republican river compact," between the states of Colorado, Kansas, and Nebraska, signed in the city of Lincoln, state of Nebraska, on the thirty-first of December, A.D. 1942, by M. C. Hinderlider, as commissioner for the state of Colorado, by George S. Knapp, as commissioner for the state of Kansas, and by Wardner G. Scott, as commissioner for the state of Nebraska, and also signed by Glenn L. Parker, as representative of the United States, which said compact is as follows:
REPUBLICAN RIVER COMPACT
The States of Colorado, Kansas, and Nebraska, parties signatory to this compact (hereinafter referred to as Colorado, Kansas, and Nebraska, respectively, or individually as a State, or collectively as the States), having resolved to conclude a compact with respect to the waters of the Republican River Basin, and being duly authorized therefor by the Act of the Congress of the United States of America, approved August 4, 1942, (Public No. 696, 77th Congress, Chapter 545, 2nd Session) and pursuant to Acts of their respective Legislatures have, through their respective Governors, appointed as their Commissioners:
M. C. Hinderlider, for Colorado
George S. Knapp, for Kansas
Wardner G. Scott, for Nebraska
who, after negotiations participated in by Glenn L. Parker, appointed by the President as the Representative of the United States of America, have agreed upon the following articles:
Article I
The major purposes of this compact are to provide for the most efficient use of the waters of the Republican River Basin (hereinafter referred to as the "Basin") for multiple purposes; to provide for an equitable division of such waters; to remove all causes, present and future, which might lead to controversies; to promote interstate comity; to recognize that the most efficient utilization of the waters within the Basin is for beneficial consumptive use; and to promote joint action by the States and the United States in the efficient use of water and the control of destructive floods.
The physical and other conditions peculiar to the Basin constitute the basis for this compact, and none of the States hereby, nor the Congress of the United States by its consent, concedes that this compact establishes any general principle or precedent with respect to any other interstate stream.
Article II
The Basin is all the area in Colorado, Kansas, and Nebraska, which is naturally drained by the Republican River, and its tributaries, to its junction with the Smoky Hill River in Kansas. The main stem of the Republican River extends from the junction near Haigler, Nebraska, of its North Fork and the Arikaree River, to its junction with Smoky Hill River near Junction City, Kansas. Frenchman Creek (River) in Nebraska is a continuation of Frenchman Creek (River) in Colorado. Red Willow Creek in Colorado is not identical with the stream having the same name in Nebraska. A map of the Basin approved by the Commissioners is attached and made a part hereof.
The term "Acre-foot," as herein used, is the quantity of water required to cover an acre to the depth of one foot and is equivalent to forty-three thousand, five hundred sixty (43,560) cubic feet.
The term "Virgin Water Supply," as herein used, is defined to be the water supply within the Basin undepleted by the activities of man.
The term "Beneficial Consumptive Use" is herein defined to be that use by which the water supply of the Basin is consumed through the activities of man, and shall include water consumed by evaporation from any reservoir, canal, ditch, or irrigated area.
Beneficial consumptive use is the basis and principle upon which the allocations of water hereinafter made are predicated.
Article III
The specific allocations in acre-feet hereinafter made to each State are derived from the computed average annual virgin water supply originating in the following designated drainage basins, or parts thereof, in the amounts shown:
North Fork of the Republican River drainage basin in Colorado, 44,700 acre-feet;
Arikaree River drainage basin, 19,610 acre-feet;
Buffalo Creek drainage basin, 7,890 acre-feet;
Rock Creek drainage basin, 11,000 acre-feet;
South Fork of the Republican River drainage basin, 57,200 acre-feet;
Frenchman Creek (River) drainage basin in Nebraska, 98,500 acre-feet;
Blackwood Creek drainage basin, 6,800 acre-feet;
Driftwood Creek drainage basin, 7,300 acre-feet;
Red Willow Creek drainage basin in Nebraska, 21,900 acre-feet;
Medicine Creek drainage basin, 50,800 acre-feet;
Beaver Creek drainage basin, 16,500 acre-feet;
Sappa Creek drainage basin, 21,400 acre-feet;
Prairie Dog Creek drainage basin, 27,600 acre-feet;
The North Fork of the Republican River in Nebraska and the main stem of the Republican River
between the junction of the North Fork and Arikaree River and the lowest crossing of the river at the
Nebraska-Kansas state line and the small tributaries thereof, 87,700 acre-feet.
Should the future computed virgin water supply of any source vary more than the (10) percent from the virgin water supply as hereinabove set forth, the allocations hereinafter made from such source shall be increased or decreased in the relative proportions that the future computed virgin water supply of such source bears to the computed virgin water supply used herein.
Article IV
There is hereby allocated for beneficial consumptive use in Colorado, annually, a total of fifty-four thousand, one hundred (54,100) acre-feet of water. This total is to be derived from the sources and in the amounts hereinafter specified and is subject to such quantities being physically available from those sources:
North Fork of the Republican River drainage basin, 10,000 acre-feet;
Arikaree River drainage basin, 15,400 acre-feet;
South Fork of the Republican River drainage basin, 25,400 acre-feet;
Beaver Creek drainage basin, 3,300 acre-feet; and
In addition, for beneficial consumptive use in Colorado, annually, the entire water supply of the Frenchman
Creek (River) drainage basin in Colorado and of the Red Willow Creek drainage basin in Colorado.
There is hereby allocated for beneficial consumptive use in Kansas, annually, a total of one hundred ninety thousand, three hundred (190,300) acre-feet of water. This total is to be derived from the sources and in the amounts hereinafter specified and is subject to such quantities being physically available from those sources:
Arikaree River drainage basin, 1,000 acre-feet;
South Fork of the Republican River drainage basin, 23,000 acre-feet;
Driftwood Creek drainage basin, 500 acre-feet;
Beaver Creek drainage basin, 6,400 acre-feet;
Sappa Creek drainage basin, 8,800 acre-feet;
Prairie Dog Creek drainage basin, 12,600 acre-feet;
From the main stem of the Republican River upstream from the lowest crossing of the river
at the Nebraska-Kansas state line and from water supplies of upstream basins otherwise unallocated
herein, 138,000 acre-feet; provided, that Kansas shall have the right to divert all or any portion
thereof at or near Guide Rock, Nebraska; and
In addition there is hereby allocated for beneficial consumptive use in Kansas, annually, the entire water
supply originating in the Basin downstream from the lowest crossing of the river at the
Nebraska-Kansas state line.
There is hereby allocated for beneficial consumptive use in Nebraska, annually, a total of two hundred thirty-four thousand, five hundred (234,500) acre-feet of water. This total is to be derived from the sources and in the amounts hereinafter specified and is subject to such quantities being physically available from those sources:
North Fork of the Republican River drainage basin in Colorado, 11,000 acre-feet;
Frenchman Creek (River) drainage basin in Nebraska, 52,800 acre-feet;
Rock Creek drainage basin, 4,400 acre-feet;
Arikaree River drainage basin, 3,300 acre-feet;
Buffalo Creek drainage basin, 2,600 acre-feet;
South Fork of the Republican River drainage basin, 800 acre-feet;
Driftwood Creek drainage basin, 1,200 acre-feet;
Red Willow Creek drainage basin in Nebraska, 4,200 acre-feet;
Medicine Creek drainage basin, 4,600 acre-feet;
Beaver Creek drainage basin, 6,700 acre-feet;
Sappa Creek drainage basin, 8,800 acre-feet;
Prairie Dog Creek drainage basin, 2,100 acre-feet;
From the North Fork of the Republican River in Nebraska, the main stem of the Republican River between
the junction of the North Fork and Arikaree River and the lowest crossing of the river at the
Nebraska-Kansas state line, from the small tributaries thereof, and from water supplies of up-stream
basins otherwise unallocated herein, 132,000 acre-feet. The use of the waters hereinabove allocated
shall be subject to the laws of the State, for use in which the allocations are made.
Article V
The judgment and all provisions thereof in the case of Adelbert A. Weiland, as State Engineer of Colorado, et al., v. The Pioneer Irrigation Company, decided June 5, 1922, and reported in 259 U.S. 498, affecting the Pioneer Irrigation ditch or canal, are hereby recognized as binding upon the States; and Colorado, through its duly authorized officials, shall have the perpetual and exclusive rights to control and regulate diversions of water at all times by said canal in conformity with said judgment.
The water heretofore adjudicated to said Pioneer Canal by the District Court of Colorado, in the amount of fifty (50) cubic feet per second of time is included in and is a part of the total amounts of water hereinbefore allocated for beneficial consumptive use in Colorado and Nebraska.
Article VI
The right of any person, entity, or lower State to construct, or participate in the future construction and use of any storage reservoir or diversion works in an upper State for the purpose of regulating water herein allocated for beneficial consumptive use in such lower State, shall never be denied by an upper State; provided, that such right is subject to the rights of the upper State.
Article VII
Any person, entity, or lower State shall have the right to acquire necessary property rights in an upper State by purchase, or through the exercise of the power of eminent domain, for the construction, operation and maintenance of storage reservoirs, and of appurtenant works, canals and conduits, required for the enjoyment of the privileges granted by Article VI; provided, however, that the grantees of such rights shall pay to the political subdivisions of the State in which such works are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average annual amount of taxes assessed against the lands and improvements during the ten years preceding the use of such lands, in reimbursement for the loss of taxes to said political subdivisions of the State.
Article VIII
Should any facility be constructed in an upper State under the provisions of Article VI, such construction and the operation of such facility shall be subject to the laws of such upper State.
Any repairs to or replacements of such facility shall also be made in accordance with the laws of such upper State.
Article IX
It shall be the duty of the three States to administer this compact through the official in each State who is now or may hereafter be charged with the duty of administering the public water supplies, and to collect and correlate through such officials the data necessary for the proper administration of the provisions of this compact. Such officials may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact.
The United States Geological Survey, or whatever federal agency may succeed to the functions and duties of that agency, insofar as this compact is concerned, shall collaborate with the officials of the States charged with the administration of this compact in the execution of the duty of such officials in the collection, correlation, and publication of water facts necessary for the proper administration of this compact.
Article X
Nothing in this compact shall be deemed:
(a) To impair or affect any rights, powers or jurisdiction of the United States, or those acting by or under
its authority, in, over, and to the waters of the Basin; nor to impair or affect the capacity of the United
States, or those acting by or under its authority, to acquire rights in and to the use of waters of the
Basin;
(b) To subject any property of the United States, its agencies or instrumentalities, to taxation by any State,
or subdivision thereof, nor to create an obligation on the part of the United States, its agencies or
instrumentalities, by reason of the acquisition, construction, or operation of any property or works of
whatsoever kind, to make any payments to any State or political subdivision thereof, state agency,
municipality, or entity whatsoever in reimbursement for the loss of taxes;
(c) To subject any property of the United States, its agencies or instrumentalities, to the laws of any State
to any extent other than the extent these laws would apply without regard to this compact.
Article XI
This compact shall become operative when ratified by the Legislature of each of the States, and when consented to by the Congress of the United States by legislation providing, among other things that:
(a) Any beneficial consumptive uses by the United States, or those acting by or under its authority, within
a state, of the waters allocated by this compact, shall be made within the allocations hereinabove made
for use in that State and shall be taken into account in determining the extent of use within that State.
(b) The United States, or those acting by or under its authority, in the exercise of rights or powers arising
from whatever jurisdiction the United States has in, over, and to the waters of the Basin shall
recognize, to the extent consistent with the best utilization of the waters for multiple purposes, that
beneficial consumptive use of the waters within the Basin is of paramount importance to the
development of the Basin; and no exercise of such power or right thereby that would interfere with the
full beneficial consumptive use of the waters within the Basin shall be made except upon a
determination, giving due consideration to the objectives of this compact and after consultation with
all interested federal agencies and the state officials charged with the administration of this
compact, that such exercise is in the interest of the best utilization of such waters for
multiple purposes.
(c) The United States, or those acting by or under its authority, will recognize any established use,
for domestic and irrigation purposes of the waters allocated by this compact which may be impaired
by the exercise of federal jurisdiction in, over, and to such waters; provided, that such use is being
exercised beneficially, is valid under the laws of the appropriate State and in conformity with this
compact at the time of the impairment thereof, and was validly initiated under state law prior to the
initiation or authorization of the federal program or project which causes such impairment.
In Witness Whereof, the Commissioners have signed this compact in quadruplicate original, one of which shall be deposited in the archives of the Department of State of the United States of America and shall be deemed the authoritative original, and of which a duly certified copy shall be forwarded to the Governor of each of the States.
Done in the city of Lincoln, in the State of Nebraska, on the 31st day of December, in the year of our Lord, one thousand nine hundred forty-two.
M. C. Hinderlider
Commissioner for Colorado
George S. Knapp
Commissioner for Kansas
Wardner G. Scott
Commissioner for Nebraska
I have participated in the negotiations leading to this proposed compact and propose to report to the Congress of the United States favorably thereon.
Glenn L. Parker
Representative of the United States
History: L. 1943, ch. 335, § 1; June 28.
History: L. 1945, ch. 217, § 1; L. 1947, ch. 492, § 1; Repealed, L. 1951, ch. 526, § 1; June 30.
The legislature hereby ratifies the compact, designated as the "Arkansas river compact," between the states of Colorado and Kansas signed in the city of Denver, state of Colorado on the fourteenth day of December, A.D. 1948, by Henry C. Vidal, Gail L. Ireland and Harry B. Mendenhall as commissioners for the state of Colorado, George S. Knapp, Edward F. Arn, William E. Leavitt and Roland H. Tate as commissioners for the state of Kansas, and by Hans Kramer as the representative of the United States of America, which compact is as follows:
ARKANSAS RIVER COMPACT
The State of Colorado and the State of Kansas, parties signatory to this Compact (hereinafter referred to as "Colorado" and "Kansas," respectively, or individually as a "state," or collectively as the "states") having resolved to conclude a compact with respect to the waters of the Arkansas river, and being moved by considerations of interstate comity, having appointed commissioners as follows:
Henry C. Vidal, Gail L. Ireland, and Harry B. Mendenhall, for Colorado; and
George S. Knapp, Edward F. Arn, William E. Leavitt, and Roland H. Tate, for Kansas;
and the consent of the Congress of the United States to negotiate and enter into an interstate compact not later than January 1, 1950, having been granted by Public Law 34, 79th Congress, 1st Session, and pursuant thereto the President having designated Hans Kramer as the representative of the United States, the said commissioners for Colorado and Kansas, after negotiations participated in by the representative of the United States, have agreed as follows:
Article I
The major purposes of this Compact are to:
A. Settle existing disputes and remove causes of future controversy between the states of Colorado and Kansas, and between citizens of one and citizens of the other state, concerning the waters of the Arkansas river and their control, conservation and utilization for irrigation and other beneficial purposes.
B. Equitably divide and apportion between the states of Colorado and Kansas the waters of the Arkansas river and their utilization as well as the benefits arising from the construction, operation and maintenance by the United States of John Martin Reservoir Project for water conservation purposes.
Article II
The provisions of this Compact are based on (1) the physical and other conditions peculiar to the Arkansas river and its natural drainage basin, and the nature and location of irrigation and other developments and facilities in connection therewith; (2) the opinion of the United States Supreme Court entered December 6, 1943, in the case of
Colorado v. Kansas
(320 U.S. 383) concerning the relative rights of the respective states in and to the use of waters of the Arkansas river; and (3) the experience derived under various interim executive agreements between the two states apportioning the waters released from the John Martin Reservoir as operated by the Corps of Engineers.
Article III
As used in this Compact:
A. The word "state line" means the geographical boundary line between Colorado and Kansas.
B. The term "waters of the Arkansas river" means the waters originating in the natural drainage basin of the Arkansas river, including its tributaries, upstream from the state line, and excluding waters brought into the Arkansas river basin from other river basins.
C. The term "state-line flow" means the flow of waters of the Arkansas river as determined by gaging stations located at or near the state line. The flow as determined by such stations, whether located in Colorado or Kansas, shall be deemed to be the actual state-line flow.
D. "John Martin Reservoir Project" is the official name of the facility formerly known as Caddoa Reservoir Project, authorized by the Flood Control Act of 1936, as amended, for construction, operation and maintenance by the War Department, Corps of Engineers, later designated as the Corps of Engineers, Department of the Army, and herein referred to as the "Corps of Engineers." "John Martin Reservoir" is the water storage space created by "John Martin Dam."
E. The "flood control storage" is that portion of the total storage space in John Martin Reservoir allocated to flood control purposes.
F. The "conservation pool" is that portion of the total storage space in John Martin Reservoir lying below the flood control storage.
G. The "ditches of Colorado Water District 67" are those ditches and canals which divert water from the Arkansas river or its tributaries downstream from John Martin Dam for irrigation use in Colorado.
H. The term "river flow" means the sum of the flows of the Arkansas and the Purgatoire into John Martin Reservoir as determined by gaging stations appropriately located above said Reservoir.
I. The term "the Administration" means the Arkansas River Compact Administration established under Article VIII.
Article IV
Both states recognize that:
A. This Compact deals only with the waters of the Arkansas river as defined in Article III.
B. This Compact is not concerned with the rights, if any, of the state of New Mexico or its citizens in and to the use in New Mexico of waters of Trinchera creek or other tributaries of the Purgatoire river, a tributary of the Arkansas river.
C. (1) John Martin Dam will be operated by the Corps of Engineers to store and release the waters of the Arkansas river in and from John Martin Reservoir for its authorized purposes.
(2) The bottom of the flood control storage is presently fixed by the Chief of Engineers, U.S. Army, at elevation 3,851 feet above mean sea level. The flood control storage will be operated for flood control purposes and to those ends will impound or regulate the streamflow volumes that are in excess of the then available storage capacity of the conservation pool. Releases from the flood control storage may be made at times and rates determined by the Corps of Engineers to be necessary or advisable without regard to ditch diversion capacities or requirements in either or both states.
(3) The conservation pool will be operated for the benefit of water users in Colorado and Kansas, both upstream and downstream from John Martin Dam, as provided in this Compact. The maintenance of John Martin Dam and appurtenant works may at times require the Corps of Engineers to release waters then impounded in the conservation pool or to prohibit the storage of water therein until such maintenance work is completed. Flood control operation may also involve temporary utilization of conservation storage.
D. This Compact is not intended to impede or prevent future beneficial development of the Arkansas river basin in Colorado and Kansas by federal or state agencies, by private enterprise, or by combinations thereof, which may involve construction of dams, reservoirs and other works for the purposes of water utilization and control, as well as the improved or prolonged functioning of existing works: Provided, That the waters of the Arkansas river, as defined in Article III, shall not be materially depleted in usable quantity or availability for use to the water users in Colorado and Kansas under this Compact by such future developments or construction.
Article V
Colorado and Kansas hereby agree upon the following basis of apportionment of the waters of the Arkansas river:
A. Winter storage in John Martin Reservoir shall commence on November 1st of each year and continue to and include the next succeeding March 31st. During said period all water entering said reservoir up to the limit of the then available conservation capacity shall be stored: Provided, That Colorado may demand releases of water equivalent to the river flow, but such releases shall not exceed 100 c.f.s. (cubic feet per second) and water so released shall be used without avoidable waste.
B. Summer storage in John Martin Reservoir shall commence on April 1st of each year and continue to and include the next succeeding October 31st. During said period, except when Colorado water users are operating under decreed priorities as provided in paragraphs F and G of this Article, all water entering said reservoir up to the limit of the then available conservation capacity shall be stored: Provided, That Colorado may demand releases of water equivalent to the river flow up to 500 c.f.s., and Kansas may demand releases of water equivalent to that portion of the river flow between 500 c.f.s., and 750 c.f.s., irrespective of releases demanded by Colorado.
C. Releases of water stored pursuant to the provisions of paragraphs A and B of this Article shall be made upon demands by Colorado and Kansas concurrently or separately at any time during the summer storage period. Unless increases to meet extraordinary conditions are authorized by the Administration, separate releases of stored water to Colorado shall not exceed 750 c.f.s., separate releases of stored water to Kansas shall not exceed 500 c.f.s., and concurrent releases of stored water shall not exceed a total of 1,250 c.f.s.: Provided, That when water stored in the conservation pool is reduced to a quantity less than 20,000 acre-feet, separate releases of stored water to Colorado shall not exceed 600 c.f.s., separate releases of stored water to Kansas shall not exceed 400 c.f.s., and concurrent releases of stored water shall not exceed 1,000 c.f.s.
D. Releases authorized by paragraphs A, B and C of this Article, except when all Colorado water users are operating under decreed priorities as provided in paragraphs F and G of this Article, shall not impose any call on Colorado water users that divert waters of the Arkansas river upstream from John Martin Dam.
E. (1) Releases of stored water and releases of river flow may be made simultaneously upon the demands of either or both States.
(2) Water released upon concurrent or separate demands shall be applied promptly to beneficial use unless storage thereof downstream is authorized by the Administration.
(3) Releases of river flow and of stored water to Colorado shall be measured by gaging stations located at or near John Martin Dam and the releases to which Kansas is entitled shall be satisfied by an equivalent in state-line flow.
(4) When water is released from John Martin Reservoir appropriate allowances as determined by the Administration shall be made for the intervals of time required for such water to arrive at the points of diversion in Colorado and at the state line.
(5) There shall be no allowance or accumulation of credits or debits for or against either state.
(6) Storage, releases from storage and releases of river flow authorized in this Article shall be accomplished pursuant to procedures prescribed by the Administration under the provisions of Article VIII.
F. In the event the Administration finds that within a period of fourteen (14) days the water in the conservation pool will be or is liable to be exhausted, the Administration shall forthwith notify the State Engineer of Colorado, or his duly authorized representative, that commencing upon a day certain within said fourteen (14) day period, unless a change of conditions justifies cancellation or modification of such notice, Colorado shall administer the decreed rights of water users in Colorado Water District 67 as against each other and as against all rights now or hereafter decreed to water users diverting upstream from John Martin Dam on the basis of relative priorities in the same manner in which their respective priority rights were administered by Colorado before John Martin Reservoir began to operate and as though John Martin Dam had not been constructed. Such priority administration by Colorado shall be continued until the Administration finds that water is again available in the conservation pool for release as provided in this Compact, and timely notice of such finding shall be given by the Administration to the State Engineer of Colorado or his duly authorized representative: Provided, That except as controlled by the operation of the preceding provisions of this paragraph and other applicable provisions of this Compact, when there is water in the conservation pool the water users upstream from John Martin Reservoir shall not be affected by the decrees to the ditches in Colorado Water District 67. Except when administration in Colorado is on a priority basis the water diversions in Colorado Water District 67 shall be administered by Colorado in accordance with distribution agreements made from time to time between the water users in such District and filed with the Administration and with the State Engineer of Colorado or, in the absence of such agreement, upon the basis of the respective priority decrees, as against each other, in said District.
G. During periods when Colorado reverts to administration of decreed priorities, Kansas shall not be entitled to any portion of the river flow entering John Martin Reservoir. Waters of the Arkansas river originating in Colorado which may flow across the state line during such periods are hereby apportioned to Kansas.
H. If the usable quantity and availability for use of the waters of the Arkansas river to water users in Colorado Water District 67 and Kansas will be thereby materially depleted or adversely affected, (1) priority rights now decreed to the ditches of Colorado Water District 67 shall not hereafter be transferred to other water districts in Colorado or to points of diversion or places of use upstream from John Martin Dam; and (2) the ditch diversion rights from the Arkansas river in Colorado Water District 67 and of Kansas ditches between the state line and Garden City shall not hereafter be increased beyond the total present rights of said ditches, without the Administration, in either case (1) or (2), making findings of fact that no such depletion or adverse effect will result from such proposed transfer or increase. Notice of legal proceedings for any such proposed transfer or increase shall be given to the Administration in the manner and within the time provided by the laws of Colorado or Kansas in such cases.
Article VI
A. (1) Nothing in this Compact shall be construed as impairing the jurisdiction of Kansas over the waters of the Arkansas river that originate in Kansas and over the waters that flow from Colorado across the state line into Kansas.
(2) Except as otherwise provided, nothing in this Compact shall be construed as supplanting the administration by Colorado of the rights of appropriators of waters of the Arkansas river in said state as decreed to said appropriators by the courts of Colorado, nor as interfering with the distribution among said appropriators by Colorado, nor as curtailing the diversion and use for irrigation and other beneficial purposes in Colorado of the waters of the Arkansas river.
B. Inasmuch as the Frontier Canal diverts waters of the Arkansas river in Colorado west of the state line for irrigation uses in Kansas only, Colorado concedes to Kansas and Kansas hereby assumes exclusive administrative control over the operation of the Frontier Canal and its headworks for such purposes, to the same extent as though said works were located entirely within the state of Kansas. Water carried across the state line in the Frontier Canal or any other similarly situated canal shall be considered to be part of the state line flow.
Article VII
A. Each state shall be subject to the terms of this Compact. Where the name of the state or the term "state" is used in this Compact these shall be construed to include any person or entity of any nature whatsoever using, claiming or in any manner asserting any right to the use of the waters of the Arkansas river under the authority of that state.
B. This Compact establishes no general principle or precedent with respect to any other interstate stream.
C. Wherever any state or federal official or agency is referred to in this Compact such reference shall apply to the comparable official or agency succeeding to their duties and functions.
Article VIII
A. To administer the provisions of this Compact there is hereby created an interstate agency to be known as the Arkansas River Compact Administration herein designated as "the Administration."
B. The Administration shall have power to:
(1) Adopt, amend and revoke bylaws, rules and regulations consistent with the provisions of this Compact;
(2) Prescribe procedures for the administration of this Compact: Provided, That where such procedures involve the operation of John Martin Reservoir Project they shall be subject to the approval of the District Engineer in charge of said project;
(3) Perform all functions required to implement this Compact and to do all things necessary, proper or convenient in the performance of its duties.
C. The membership of the Administration shall consist of three representatives from each state who shall be appointed by the respective governors for a term not to exceed four years. One Colorado representative shall be a resident of and water-right owner in Water Districts 14 or 17, one Colorado representative shall be a resident of and water-right owner in Water District 67, and one Colorado representative shall be the Director of the Colorado Water Conservation Board. Two Kansas representatives shall be residents of and water-right owners in the counties of Finney, Kearny or Hamilton, and one Kansas representative shall be the chief state official charged with the administration of water rights in Kansas. The President of the United States is hereby requested to designate a representative of the United States, and if a representative is so designated he shall be an ex officio member and act as chairman of the Administration without vote.
D. The state representatives shall be appointed by the respective governors within thirty days after the effective date of this Compact. The Administration shall meet and organize within sixty days after such effective date. A quorum for any meeting shall consist of four members of the Administration: Provided, That at least two members are present from each state. Each state shall have but one vote in the Administration and every decision, authorization or other action shall require unanimous vote. In case of a divided vote on any matter within the purview of the Administration, the Administration may, by subsequent unanimous vote, refer the matter for arbitration to the Representative of the United States or other arbitrator or arbitrators, in which event the decision made by such arbitrator or arbitrators shall be binding upon the Administration.
E. (1) The salaries, if any, and the personal expenses of each member shall be paid by the government which he represents. All other expenses incident to the administration of this Compact which are not paid by the United States shall be borne by the states on the basis of 60 percent by Colorado and 40 percent by Kansas.
(2) In each even numbered year the Administration shall adopt and transmit to the governor of each state its budget covering anticipated expenses for the forthcoming biennium and the amount thereof payable by each state. Each state shall appropriate and pay the amount due by it to the Administration.
(3) The Administration shall keep accurate accounts of all receipts and disbursements and shall include a statement thereof, together with a certificate of audit by a certified public accountant in its annual report. Each state shall have the right to make an examination and audit of the accounts of the Administration at any time.
F. Each state shall provide such available facilities, equipment and other assistance as the Administration may need to carry out its duties. To supplement such available assistance the Administration may employ engineering, legal, clerical and other aid as in its judgment may be necessary for the performance of its functions. Such employees shall be paid by and be responsible to the Administration, and shall not be considered to be employees of either state.
G. (1) The Administration shall cooperate with the chief official of each state charged with the administration of water rights and with federal agencies in the systematic determination and correlation of the facts as to the flow and diversion of the waters of the Arkansas river and as to the operation and siltation of John Martin Reservoir and other related structures. The Administration shall cooperate in the procurement, interchange, compilation and publication of all factual data bearing upon the Administration of this Compact without, in general, duplicating measurements, observations or publications made by state or federal agencies. State officials shall furnish pertinent factual data to the Administration upon its request. The Administration shall, with the collaboration of the appropriate federal and state agencies, determine as may be necessary from time to time, the location of gaging stations required for the proper administration of this Compact and shall designate the official records of such stations for its official use.
(2) The Director, U.S. Geological Survey, the Commissioner of Reclamation and the Chief of Engineers, U.S. Army, are hereby requested to collaborate with the Administration and with appropriate state officials in the systematic determination and correlation of data referred to in paragraph G (1) of this Article and in the execution of other duties of such officials which may be necessary for the proper administration of this Compact.
(3) If deemed necessary for the administration of this Compact, the Administration may require the installation and maintenance, at the expense of water users, of measuring devices of approved type in any ditch or group of ditches diverting water from the Arkansas river in Colorado or Kansas. The chief official of each state charged with the administration of water rights shall supervise the execution of the Administration's requirements for such installations.
H. Violations of any of the provisions of this Compact or other actions prejudicial thereto which come to the attention of the Administration shall be promptly investigated by it. When deemed advisable as the result of such investigation, the Administration may report its findings and recommendations to the state official who is charged with the administration of water rights for appropriate action, it being the intent of this Compact that enforcement of its terms shall be accomplished in general through the state agencies and officials charged with the administration of water rights.
I. Findings of fact made by the Administration shall not be conclusive in any court or before any agency or tribunal but shall constitute prima facie evidence of the facts found.
J. The Administration shall report annually to the Governor of the States and to the President of the United States as to matters within its purview.
Article IX
A. This Compact shall become effective when ratified by the Legislature of each State and when consented to by the Congress of the United States by legislation providing substantially, among other things, as follows:
Nothing contained in this Act or in the Compact herein consented to shall be construed as impairing or affecting the sovereignty of the United States or any of its rights or jurisdiction in and over the area or waters which are the subject of such Compact: Provided, That the Chief of Engineers is hereby authorized to operate the conservation features of the John Martin Reservoir Project in a manner conforming to such Compact with such exceptions as he and the Administration created pursuant to the Compact may jointly approve.
B. This Compact shall remain in effect until modified or terminated by unanimous action of the states and in the event of modification or termination all rights then established or recognized by this Compact shall continue unimpaired.
In Witness Whereof, The commissioners have signed this Compact in triplicate original, one of which shall be forwarded to the Secretary of State of the United States of America and one of which shall be forwarded to the governor of each signatory state.
Done in the City and County of Denver, in the state of Colorado, on the fourteenth day of December, in the Year of our Lord One Thousand Nine Hundred and Forty-eight.
Henry C. Vidal,
Gail B. Ireland,
Harry B. Mendenhall,
Commissioners for Colorado
George S. Knapp,
Edward F. Arn,
William E. Leavitt,
Roland H. Tate,
Commissioners for Kansas.
Attest:
Warden L. Noe,
Secretary
Approved:
Hans Kramer,
Representative of the United States.
History: L. 1949, ch. 509, § 1; June 30.
Upon the ratification of this act and a similar act of the state of Missouri by the congress of the United States, the center of the channel of the Missouri river, as its flow extends from its intersection with the fortieth (40th) parallel, north latitude, southward to the middle of the mouth of the Kansas or Kaw river, shall be that portion of the true and permanent boundary line between the states of Missouri and Kansas, subject only to changes which may occur by the natural processes of accretion and reliction, but not by avulsion.
History: L. 1949, ch. 510, § 1; February 26.
The state of Kansas hereby relinquishes to the state of Missouri all sovereignty over all lands lying on the Missouri side of said center of the channel of the Missouri river.
History: L. 1949, ch. 510, § 2; February 26.
The public record of real estate titles in the state of Missouri to any lands, the sovereignty over which is relinquished by the state of Missouri to the state of Kansas, shall be accepted as evidence of the record title to such lands, to and including the effective date of such relinquishment by the state of Missouri, by the courts of the state of Kansas.
History: L. 1949, ch. 510, § 3; February 26.
Nothing in this act shall be deemed or construed to affect any litigation pending in the courts of the state of Missouri at the time of ratification of this act by congress concerning the title to any of the lands, sovereignty over which is relinguished by the state of Missouri to the state of Kansas, and any matter then in litigation concerning the title to the lands, sovereignty over which is relinquished by the state of Missouri to the state of Kansas, shall be continued in the courts of the state of Missouri until a final determination thereof, and such final determination shall be given full faith and credits by the courts of the state of Kansas.
History: L. 1949, ch. 510, § 4; February 26.
The lands, sovereignty over which is relinquished by the state of Missouri to the state of Kansas, upon which taxes have been lawfully imposed by the state of Missouri during the preceding year, shall not thereafter be subject to the imposition of taxes in the state of Kansas until the next succeeding year.
History: L. 1949, ch. 510, § 5; February 26.
The effective date of the relinquishment of sovereignty over the lands described in this act shall be midnight of the effective date of a resolution or an act of congress approving the respective relinquishment of sovereignty by the states of Missouri and Kansas. Thereupon, the state of Kansas shall assume and accept sovereignty over all lands lying on the Kansas side of the center of said channel of the Missouri river which is so relinquished by the state of Missouri.
History: L. 1949, ch. 510, § 6; February 26.
This act shall be inoperative unless and until a similar act relinquishing to the state of Kansas all claim of sovereignty over lands lying on the Kansas side of the center of the channel of the Missouri river is enacted into law by the legislature of the state of Missouri, and should no such act be so enacted into law by the legislature of the state of Missouri within two years from the effective date of this act, then this act shall be considered for all purposes to be void.
History: L. 1949, ch. 510, § 7; February 26.
The legislature of the state of Kansas hereby affirms and ratifies the boundary survey describing and setting forth as the true and permanent boundary line between Kansas and Missouri the thalweg line (the deep water line) of the channel of the Missouri river abandoned by avulsion in April, 1952, which is more particularly described in the project maps, reports and documents submitted April 30, 1980, by Williamson Engineering & Surveying, St. Joseph, Missouri, consisting of sheets one to sixteen, inclusive, and filed of record in the office of the secretary of state for the state of Kansas, and is described and set forth in said survey as follows:
The true and permanent boundary line between the state of Missouri and the state of Kansas follows the thalweg line at the time of the April, 1952, avulsion and sudden change of the Missouri river channel and is more particularly described as beginning at the intersection of the present thalweg line of the Missouri river channel and the thalweg line of the Missouri river channel as it existed prior to the April, 1952, avulsion and having Kansas State Coordinate of 540240.22 feet north and 2878720.31 feet east of the Kansas North Zone; thence along the thalweg line as it existed prior to the April, 1952, avulsion the following courses and distances:
North 85°50′30″ West to an aluminum monument, 482.0 feet; South 67°13′0″ West, 814.0 feet to an aluminum monument; South 51°09′0″ West, 693.0 feet; South 78°58′0″ West, 601 feet to an aluminum monument; South 59°11′0″ West, 996 feet to an aluminum monument; South 20°57′30″ West, 1725.0 feet; South 51°36′0″ West, 658.0 feet; South 42°12′30″ West, 1596.0 feet; South 55°30′30″ West, 597.0 feet; South 60°26′30″ West, 1601.0 feet; South 64°34′30″ West, 1237.0 feet; South 87°02′30″ West, 368.0 feet; South 73°47′30″ West, 602.0 feet; South 85°54′0″ West, 1146.0 feet; North 75°38′30″ West, 565.0 feet; North 68°54′30″ West, 806.0 feet; North 61°58′0″ West, 787.0 feet; North 55°20′0″ West, 1793.0 feet; North 48°13′0″ West, 2897.0 feet; North 43°25′30″ West, 902.0 feet; North 28°04′30″ West, 1190.0 feet; North 22°01′30″ West, 1101.0 feet; North 10°19′30″ East, 825.0 feet; North 17°07′30″ West, 662.0 feet to an aluminum monument; North 8°48′0″ East, 556.0 feet; North 4°33′30″ West, 692.0 feet to an aluminum monument; North 29°27′0″ East, 1200.0 feet; North 44°15′0″ East, 1096.0 feet to an aluminum monument; North 58°32′30″ East, 1112.0 feet; North 74°17′0″ East, 1181.0 feet; South 55°0′30″ East, 855.0 feet; South 89°49′30″ East, 1640.0 feet; South 78°07′30″ East, 996.0 feet; South 89°07′0″ East, 650.0 feet to an aluminum monument; North 70°10′30″ East, 781.0 feet; South 81°27′30″ East, 1042.0 feet to an aluminum monument; North 69°36′0″ East, 1707.0 feet; North 71°34′0″ East, 2498.0 feet to an aluminum monument; North 55°57′0″ East, 1098.0 feet to an aluminum monument; North 48°55′30″ East, 982.0 feet to an aluminum monument; North 19°01′30″ East, 491.0 feet to an aluminum monument; North 51°47′0″ East, 503.0 feet; North 34°27′0″ East, 521.0 feet; North 40°06′0″ East, 373.0 feet to the point of intersection of the thalweg line of the current Missouri river channel and the thalweg line as it existed prior to the April, 1952, avulsion and having Kansas State Coordinate Values of 549195.06 feet North and 2876850.19 feet East of the Kansas North Zone, according to a survey executed by Williamson Engineering & Surveying dated April 30, 1980, and hereby made a part of the legal description.
History: L. 1980, ch. 330, § 1; July 1.
The effective date of the description of the true and permanent boundary line between the states of Missouri and Kansas as set forth in K.S.A. 82a-527a shall be midnight of the effective date of a resolution or an act of congress approving the acts of the states of Missouri and Kansas establishing the survey described in K.S.A. 82a-527a as the true and permanent boundary.
History: L. 1980, ch. 330, § 2; July 1.
The legislature hereby ratifies the compact, designated as the "Arkansas river compact," between the states of Oklahoma and Kansas signed in the city of Wichita, state of Kansas, on the thirty-first day of March, 1965, by Geo. R. Benz and Frank Raab as representatives for the state of Oklahoma, Robert L. Smith and Warden L. Noe as representatives for the state of Kansas, and Trigg Twichell as representative of the United States of America, which said compact is as follows:
ARKANSAS RIVER BASIN COMPACT, KANSAS-OKLAHOMA
The state of Kansas and the state of Oklahoma, acting through their duly authorized compact representatives, Robert L. Smith and Warden L. Noe, for the state of Kansas, and Geo. R. Benz and Frank Raab, for the state of Oklahoma, after negotiations participated in by Trigg Twichell, appointed by the president as the representative of the United States of America, and in accordance with the consent to such negotiations granted by an act of congress of the United States of America, approved August 11, 1955 (public law 340, 84th
congress, 1st
session), have agreed as follows respecting the waters of the Arkansas river and its tributaries:
Article I
The major purposes of this compact are: A. To promote interstate comity between the states of Kansas and Oklahoma:
B. To divide and apportion equitably between the states of Kansas and Oklahoma the waters of the Arkansas river basin and to promote the orderly development thereof;
C. To provide an agency for administering the water apportionment agreed to herein;
D. To encourage the maintenance of an active pollution-abatement program in each of the two states and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas river basin.
Article II
As used in this compact: A. The term "state" shall mean either state signatory hereto and shall be construed to include any person or persons, entity or agency of either state who, by reason of official responsibility or by designation of the governor of that state, is acting as an official representative of that state;
B. The term "Kansas-Oklahoma Arkansas river commission" or the term "commission" means the agency created by this compact for the administration thereof;
C. The term "Arkansas river" means that portion of the Arkansas river from a point immediately below the confluence of the Arkansas and Little Arkansas rivers in the vicinity of Wichita, Kansas, to a point immediately below the confluence of the Arkansas river with the Grand-Neosho river near Muskogee, Oklahoma;
D. The term "Arkansas river basin" means all of the drainage basin of the Arkansas river as delimited above, including all tributaries which empty into it between the upstream and downstream limits;
E. The term "waters of the Arkansas river and its tributaries" means the waters originating in the Arkansas river basin;
F. The term "conservation storage capacity" means that portion of the active storage capacity of reservoirs, including multipurpose reservoirs, with a conservation storage capacity in excess of 100 acre-feet, available for the storage of water for subsequent use, but it excludes any portion of the storage capacity allocated to flood and sediment control and inactive storage capacity allocated to other uses;
G. The term "new conservation storage capacity" means conservation storage capacity for which construction is initiated after July 1, 1963, and storage capacity not presently allocated for conservation storage which is converted to conservation storage capacity after July 1, 1963, in excess of the quantities of declared conservation storage capacity as set forth in the storage table attached to and made a part of the minutes of the twenty-fourth meeting of the compact committee dated September 1, 1964, and as filed and identified to this compact in the offices of the secretaries of state of the respective states;
H. The term "pollution" means contamination or other alterations of the physical, chemical, biological or radiological properties of water or the discharge of any liquid, gaseous, or solid substances into any waters which creates or is likely to result in a nuisance, or which renders or is likely to render the waters into which it is discharged harmful, detrimental or injurious to public health, safety, or welfare or which is harmful, detrimental or injurious to beneficial uses of the water.
Article III
The physical and other conditions peculiar to the Arkansas river basin constitute the basis for this compact, and neither of the states hereby, nor the congress of the United States by its consent hereto, concedes that this compact establishes any general principle with respect to any other interstate stream.
Article IV
A. For the purpose of apportionment of water between the two states, the Arkansas river basin is hereby divided into major topographic subbasins as follows: (1) The Grand-Neosho river subbasin; (2) the Verdigris river subbasin; (3) the Salt Fork river subbasin; (4) the Cimarron river subbasin; and (5) the mainstem Arkansas river subbasin which shall consist of the Arkansas river basin, excepting the Grand-Neosho river, Verdigris river, Salt Fork river, and Cimarron river subbasins.
B. The two states recognize that portions of other states not signatory to this compact lie within the drainage area of the Arkansas river basin as herein defined. The water apportionments provided for in this compact are not intended to affect nor do they affect the rights of such other states in and to the use of the waters of the basin.
Article V
The state of Kansas shall have free and unrestricted use of the waters of the Arkansas river basin within Kansas subject to the provisions of this compact and to the limitations set forth below:
A. New conservation storage capacity in the Grand-Neosho river subbasin within the state of Kansas shall not exceed 650,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma excepting storage on Spavinaw creek;
B. New conservation storage capacity in the Verdigris river subbasin within the state of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma, excepting navigation capacity allocated in Oologah reservoir;
C. New conservation storage capacity in the mainstem Arkansas river subbasin within the state of Kansas shall not exceed 600,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma;
D. New conservation storage capacity in the Salt Fork river subbasin within the state of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma;
E. New conservation storage capacity in the Cimarron river subbasin within the state of Kansas shall not exceed 5,000 acre-feet, provided that new conservation storage capacity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval of the commission.
Article VI
The state of Oklahoma shall have free and unrestricted use of the waters of the Arkansas river basin within Oklahoma subject to the provisions of this compact and to the limitations set forth below:
New conservation storage capacity in the Cimarron river subbasin within the state of Oklahoma shall not exceed 5,000 acre-feet provided that new conservation storage capacity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval of the commission.
Article VII
A. The commission shall determine the conditions under which one state may construct and operate for its needs new conservation storage capacity in the other state. The construction or utilization of new conservation storage capacity by one state in the other state shall entitle the state whose storage potential is reduced by such construction to construct an equal amount of new conservation storage in a subbasin agreeable to the commission.
B. New conservation storage capacity constructed by the United States or any of its agencies, instrumentalities or wards, or by a state, political subdivision thereof, or any person or persons shall be charged against the state in which the use is made.
C. Each state has the unrestricted right to replace within the same subbasin, any conservation storage capacity made unusable by any cause.
D. In the event reallocation of storage capacity in the Arkansas river basin in Oklahoma should result in the reduction of that state's new conservation storage capacity, such reallocation shall not reduce the total new conservation storage capacities available to Kansas under Article V; provided that a subsequent reinstatement of such storage capacity shall not be charged as an increase in Oklahoma's new conservation storage capacity.
Article VIII
A. In the event of importation of water to a major subbbasin of the Arkansas river basin from another river basin, or from another major subbasin within the same state, the state making the importation shall have exclusive use of such imported waters.
B. In the event of exportation of water from a major subbasin for use in another major subbasin or for use outside the Arkansas river basin within the same state, the limitations of Article V and VI on new conservation capacity shall apply against the subbasin from which the exportation is made in the amount of the storage capacity actually used for that purpose within the exporting subbasin or, in the event of direct diversion of water without storage, on the basis of five acre-feet of conservation storage capacity for each acre-foot of water on the average so diverted annually.
C. Any reservoir storage capacity which is required for the control and utilization of imported waters shall not be accounted as new conservation storage.
D. Should a transbasin diversion of waters of the Arkansas river basin be made in one state for the use and benefit of the other state or both states, the commission shall determine a proper accounting of new conservation storage capacities in each state in accordance with the above principles and with the project uses to be made in that state.
Article IX
The states of Kansas and Oklahoma mutually agree to: A. The principle of individual state effort to abate man-made pollution within each state's respective borders, and the continuing support of both states in an active pollution-abatement program;
B. The cooperation of the appropriate state agencies in Kansas and Oklahoma to investigate and abate sources of alleged interstate pollution within the Arkansas river basin whenever such matters are called to their attention by the commission;
C. Enter into joint programs for the identification and control of sources of natural pollution within the Arkansas river basin which the commission finds are of interstate significance;
D. The principle that neither state may require the other to provide water for the purpose of water-quality control as a substitute for adequate waste treatment;
E. Utilize the provisions of the federal water pollution control act in the resolution of any pollution problems which cannot be resolved within the provisions of this compact.
Article X
A. There is hereby created an interstate administrative agency to be known as the "Kansas-Oklahoma Arkansas river commission." The commission shall be composed of three commissioners representing each of the states of Kansas and Oklahoma who shall be appointed by the governors of the respective states and, if designated by the president, one commissioner representing the United States. The president is hereby requested to designate a commissioner and an alternate representing the United States. The federal commissioner, if one be designated, shall be the presiding officer of the commission, but shall not have the right to vote in any of the deliberations of the commission.
B. One Kansas commissioner shall be the state official who now or hereafter shall be responsible for administering water law in the state; the other two commissioners shall reside in the Arkansas river basin in Kansas and shall be appointed to four-year staggered terms.
C. One Oklahoma commissioner shall be the state official who now or hereafter shall be responsible for administering water law in the state; the other two commissioners shall reside in the Arkansas river basin in Oklahoma and shall be appointed to four-year staggered terms.
D. A majority of the commissioners of each state and the commissioner or his alternate representing the United States, if so designated, must be present to constitute a quorum. In taking any commission action, each signatory state shall have a single vote representing the majority opinion of the commissioners of that state.
E. The salaries and personal expenses of each commissioner shall be paid by the government which he represents. All other expenses which are incurred by the commission incident to the administration of this compact shall be borne equally by the two states and shall be paid by the commission out of the "Kansas-Oklahoma Arkansas river commission fund." Such fund shall be initiated and maintained by equal payments of each state into the fund. Disbursements shall be made from said fund in such manner as may be authorized by the commission. Such fund shall not be subject to the audit and accounting procedures of the states; however, all receipts and disbursements of funds handled by the commission shall be audited by a qualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the annual report of the commission.
Article XI
A. The commission shall have the power to: (1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under the compact;
(2) Enter into contracts with appropriate state or federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records, and for the preparation of reports;
(3) Establish and maintain an office for the conduct of its affairs;
(4) Adopt rules and regulations governing its operations;
(5) Cooperate with federal agencies in developing principles, consistent with the provisions of this compact and with federal policy, for the storage and release of water from all-federal capacities of federal reservoirs, both existing and future within the Arkansas river basin, for the purpose of assuring their operation in the best interests of the states and the United States;
(6) Permit either state, with the consent of the proper operating agency, to impound water, for such periods of time deemed necessary or desirable by the commission, in available reservoir storage capacity which is not designated as conservation or new conservation storage capacity for subsequent release and use for any purpose approved by the commission;
(7) Hold hearings and take testimony and receive evidence at such times and places as it deems necessary;
(8) Secure from the head of any department or agency of the federal or state government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed;
(9) Print or otherwise reproduce and distribute all of its proceedings and reports.
B. The commission shall: (1) Cause to be established, maintained and operated such stream, reservoir, or other gaging stations as may be necessary for the proper administration of the compact;
(2) Collect, analyze and report on data as to stream flows, water quality, conservation storage, and such other information as is necessary for the proper administration of the compact;
(3) Perform all other functions required of it by the compact and do all things necessary, proper or convenient in the performance of its duties thereunder;
(4) Prepare and submit an annual report to the governor of each signatory state and to the president of the United States covering the activities of the commission for the preceding fiscal year, together with an accounting of all funds received and expended by it in the conduct of its work;
(5) Prepare and submit to the governor of each of the states of Kansas and Oklahoma an annual budget covering the anticipated expenses of the commission for the following fiscal year;
(6) Make available to the governor or any state agency of either state or to any authorized representatives of the United States, upon request, any information within its possession.
Article XII
A. Recognizing the present limited uses of the available water supplies of the Arkansas river basin in the two states and the uncertainties of their ultimate water needs, the states of Kansas and Oklahoma deem it imprudent and inadvisable to attempt at this time to make final allocations of the new conservation storage capacity which may ultimately be required in either state, and, by the limitations on storage capacity imposed herein, have not attempted to do so. Accordingly, after the expiration of 25 years following the effective date of this compact, the commission may review any provisions of the compact for the purpose of amending or supplementing the same, and shall meet for the consideration of such review on the request of the commissioners of either state: Provided, That the provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the states acting through their commissioners and until such changes are ratified by the legislatures of the respective states and consented to by the congress in the same manner as this compact is required to be ratified to become effective.
B. This compact may be terminated at any time by the appropriate action of the legislatures of both signatory states.
C. In the event of amendment or termination of the compact, all rights established under the compact shall continue unimpaired.
Article XIII
Nothing in this compact shall be deemed: A. To impair or affect the powers, rights or obligations of the United States, or those claiming under its authority, in, over and to the waters of the Arkansas river basin;
B. To interfere with or impair the right or power of either signatory state to regulate within its boundaries the appropriation, use and control of waters within that state not inconsistent with its obligations under this compact.
Article XIV
If any part or application of this compact should be declared invalid by a court of competent jurisdiction, all other provisions and applications of this compact shall remain in full force and effect.
Article XV
This compact shall become binding and obligatory when it shall have been ratified by the legislatures of each state and consented to by the congress of the United States, and when the congressional act consenting to this compact includes the consent of congress to name and join the United States as a party in any litigation in the United States supreme court, if the United States is an indispensable party, and if the litigation arises out of this compact or its application, and if a signatory state is a party thereto. Notice of ratification by the legislature of each state shall be given by the governor of that state to the governor of the other state and to the president of the United States and the president is hereby requested to give notice to the governor of each state of consent by the congress of the United States.
In Witness Whereof, The authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited in the archives of the department of state of the United States, and one of which shall be forwarded to the governor of each state.
Done at the City of Wichita, state of Kansas, this 31st
day of March, A.D. 1965.
Approved:
Robert L. Smith,
Warden L. Noe,
Compact Representatives for the state of Kansas.
Geo. R. Benz,
Frank Raab,
Compact Representatives for the state of Oklahoma.
Twigg Twitchell,
Representative of the United States.
History: L. 1966, ch. 16, § 1 (Special Session); June 10.
The legislature hereby ratifies the compact designated as the "Kansas-Nebraska Big Blue River Compact" between the states of Nebraska and Kansas signed in the city of Lincoln, state of Nebraska on the 25th day of January, 1971 by Dan S. Jones, Jr., as representative for the state of Nebraska, Keith S. Krause, as representative for the state of Kansas and Elmo W. McClendon, as representative of the United States of America, which said compact is as follows:
KANSAS-NEBRASKA BIG BLUE RIVER COMPACT
PREAMBLE
The state of Kansas and the state of Nebraska, acting through their duly authorized compact representatives, Keith S. Krause for the state of Kansas and Dan S. Jones, Jr., for the state of Nebraska, after negotiations participated in by Elmo W. McClendon, appointed by the president as the representative of the United States of America, and in accordance with the consent to such negotiations granted by an act of congress of the United States of America, approved June 3, 1960, Public Law 489, 86th congress, 2nd session, have agreed that the major purposes of this compact concerning the waters of the Big Blue river and its tributaries are:
A. To promote interstate comity between the states of Nebraska and Kansas;
B. To achieve an equitable apportionment of the waters of the Big Blue river basin between the two states and to promote orderly development thereof; and
C. To encourage continuation of the active pollution-abatement programs in each of the two states and to seek further reduction in both natural and man-made pollution of the waters of the Big Blue river basin.
To accomplish these purposes, the said states have agreed as set forth in the following articles.
Article I—Definitions
As used in this compact:
1.1 The term "state" shall mean either state signatory hereto, and it shall be construed to include any person, entity, or agency of either state who, by reason of official responsibility or by designation of the governor of the state, is acting as an official representative of the state;
1.2 The term "Kansas-Nebraska Big Blue river compact administration," or the term "administration," means the agency created by this compact for the administration thereof;
1.3 The term "Big Blue river basin" means all of the drainage basin of the Big Blue and Little Blue rivers in Nebraska and Kansas downstream to the confluence of the Big Blue river with the Kansas river near Manhattan, Kansas;
1.4 The term "Big Blue river basin in Nebraska" means all of the drainage basin of the Big Blue river in Nebraska and is exclusive of the drainage basin of the Little Blue river in Nebraska;
1.5 The term "minimum mean daily flow" means the minimum mean flow for any one calendar day;
1.6 The term "pollution" means contamination or other undesirable alteration of any of the physical, chemical, biological, radiological, or thermal properties of the waters of the basin, or the discharge into the waters of the basin of any liquid, gaseous, or solid substances that create or are likely to result in a nuisance, or that render or are likely to render the waters into which they are discharged harmful, detrimental, or injurious to public health, safety, or welfare, or that are harmful, detrimental, or injurious to beneficial uses of the water;
1.7 The term "water project" means any physical structure or any manmade changes which affect the quantity or quality of natural water supplies or natural streamflows and which are designed to bring about greater beneficial use of the water resources of an area;
1.8 The term "natural flow" means that portion of the flow in a natural stream that consists of direct runoff from precipitation on the land surface, ground-water infiltration to the stream, return flows to the natural stream from municipal, agricultural, or other uses, and releases from storage for no designated beneficial use;
1.9 The term "inactive water appropriation" means a water right that is subject to cancellation or termination for non-use.
Article II—Description of the Basin
2.1 The Big Blue river, a tributary of the Kansas river, drains an area of 9,696 square miles in south central Nebraska and north central Kansas. About 75 percent of the Big Blue river basin is in Nebraska, and the remainder is in Kansas. The Big Blue river and its principal tributary, the Little Blue river, join near Blue Rapids, Kansas. From there, the Big Blue river flows generally southward to join the Kansas river near Manhattan, Kansas, as shown on exhibit A.
2.2 Much of the upper portion of the basin in Nebraska is underlain with sands and gravels that supply large quantities of water to irrigation wells. The lower portion of the basin in Nebraska and that portion of the basin in Kansas lack significant ground-water supplies except within the major stream valleys.
Article III—Organization of Compact Administration
3.1
Administration Agency.
There is hereby established an interstate administrative agency, to be known as the "Kansas-Nebraska Big Blue river compact administration," to administer the compact.
3.2
Administration membership.
The administration shall be composed of one ex officio member and one advisory member from each state, plus a federal member to be appointed by the president if he so desires. The ex officio member from each state shall be the official charged with the duty of administering the laws of his state pertaining to water rights. Said official shall designate a representative who may serve in his place at meetings of the administration. All actions taken by the designated representative in the transaction of the business of the administration shall be in the name of the official he represents and shall be binding on that official. The advisory member from each state may serve in any capacity within the administration. He shall reside in the Big Blue river basin portion of the state he represents.
The governor of each state shall appoint the advisory member from that state for a term of four years. This appointment shall be made within 90 days after the effective date of this compact.
3.3
Administration government.
The administration shall hold its first meeting within 120 days after the effective date of this compact, and it shall meet at least annually thereafter. The federal member, if one be designated, shall serve as chairman, without vote. If no federal representative is appointed, the administration shall select a chairman, in addition to such officers as may be provided for in the rules and regulations, to serve at the will of the administration. A meeting quorum shall consist of the ex officio members from both states, or their designated representatives. Each state shall have but one vote, cast by the ex officio member or his representative. All actions must be approved by both ex officio members or their representatives. Minutes of each meeting shall be kept, and they shall be available for public inspection.
3.4
Administration powers and duties.
The administration shall have the power to adopt rules and regulations consistent with the provisions of this compact, to enforce such rules and regulations, and to otherwise carry out its responsibilities. It may institute action in its own name in courts of competent jurisdiction to compel compliance with the provisions of this compact and with the rules and regulations it adopts.
The administration is hereby authorized to employ the technical and clerical staff necessary to carry out its functions, and to maintain the office and appurtenances necessary to conduct its business. It may employ attorneys, engineers, or other consultants. It may purchase equipment and services necessary to its functions.
The administration shall publish an annual report including a review of its activities and financial status. It may also prepare and publish such other reports and publications as it deems necessary.
In order to provide a sound basis for carrying out the apportionment provisions of this compact, the administration shall cause to be established such stream-gaging stations, ground-water observation wells, and other data-collection facilities as are necessary for administering this compact; and it shall install such other equipment and collect such data therefrom, for a period of not less than five years, as are necessary or desirable for evaluating the effects of pumping of wells on the flows of the Big Blue and Little Blue rivers at the Kansas-Nebraska state line. The well area to be considered is described in Article V, paragraph 5.2.
The administration shall have authority to accept funds from local, state, and federal sources. It may enter into cooperative agreements and contribute funds to support such data-collection and analysis programs as are necessary for administration of the compact.
Article IV—Responsibility of Each State
4.1
Expenses of administration.
Each state and federal member of the administration shall receive such compensation and such reimbursement for travel and subsistence as are provided by the government he represents, and he shall be paid by that government.
4.2
Budget.
Each year, the administration shall prepare a properly documented budget covering the anticipated expenditures of the administration for the following fiscal period. Each state shall make provision in its budget for funds to pay its share of the expenses of the administration, which shall be divided equally between the states of Kansas and Nebraska. The administration shall establish a fund to which each state shall contribute equally and from which the expenses of the administration shall be paid.
4.3
Records and information.
The state of Kansas and the state of Nebraska shall cooperate with the administration and furnish to it such records, information, plans, data, and assistance as may be reasonably available; and they shall keep the administration advised of federal activities in connection with planning, design, construction, operation, and maintenance of water-resource projects in the Big Blue river basin.
Any local, public, or private agency collecting water data or planning, designing, constructing, operating, or maintaining any water project or facility in the Big Blue river basin shall keep the administration advised of its investigations and of any proposed changes and additions to existing projects and facilities, and it shall submit plans for new projects to the administration for review of those project aspects affecting surface-water flowage and quality.
Article V—Apportionment of Waters of the Big Blue River Basin
5.1
Principles of apportionment.
The physical and other conditions peculiar to the Big Blue river basin constitute the basis for this apportionment, and neither of the signatory states hereby, nor the congress of the United States by its consent hereto, concedes that this apportionment establishes any general principle with respect to any other interstate stream.
The states of Kansas and Nebraska subscribe to the principle of including storage capacity for low-flow regulation in reservoirs constructed by the U.S. bureau of reclamation and the U.S. army corps of engineers, and to the principle of such administration as is required to assure that water released from storage for low-flow regulation shall remain available in the stream to accomplish its intended purpose.
5.2
Nebraska apportionment.
The state of Nebraska shall have free and unrestricted use of the waters of the Little Blue and Big Blue river basins in Nebraska, such use to be in accordance with the laws of the state of Nebraska, subject to the limitations set forth below.
(a) Water appropriations of record in the Little Blue and Big Blue river basins in Nebraska on November 1, 1968, that were then inactive, shall be cancelled by due process of laws in effect in that state.
(b) During the period, May 1-September 30, the state of Nebraska shall regulate diversions from natural flow of streams in the Little Blue and Big Blue river basins by water appropriators junior to November 1, 1968, in order to maintain minimum mean daily flows at the state-line gaging stations (which are now located at Fairbury and Barneston, respectively, but which may be relocated at such other places as may be designated state-line gaging stations by the administration) during each month as follows:
| Little Blue River | Big Blue River | | | | --- | --- | --- | --- | | May | 45 cfs | May | 45 cfs | | June | 45 cfs | June | 45 cfs | | July | 75 cfs | July | 80 cfs | | August | 80 cfs | August | 90 cfs | | September | 60 cfs | September | 65 cfs |
When such action is necessary to maintain the above schedule of flows, the state of Nebraska shall:
(1) Limit diversions by natural-flow appropriators in Nebraska in accordance with their water appropriations;
(2) Close, in reverse order of priority, natural-flow appropriations with priority dates subsequent to November 1, 1968, including rights to store water in the conservation-storage zones of reservoirs;
(3) Enjoin all persons not holding valid natural-flow appropriations from taking water during periods when the exercise of junior natural-flow appropriations is being restricted;
(4) Regulate, in the same manner that diversion of natural flows is regulated, withdrawals of water from irrigation wells installed after November 1, 1968, except equivalent wells drilled to replace wells installed before that date, in the alluvium and valley side terrace deposits within one mile from the thread of the river and between the mouth of Walnut creek and the Kansas-Nebraska state line on the Little Blue river and between the mouth of Turkey creek and the Kansas-Nebraska state line on the Big Blue river (as delineated on exhibits A and B of Supplement No. 1 to the report of the engineering committee) provided that, if the regulation of such wells fails to yield any measurable increases in flows at the state-line gaging stations as determined by the investigations to be undertaken under Article III, paragraph 3.4, the regulation of such wells shall be discontinued. Determination of the effect on streamflow of the pumping of such wells shall rest with the administration.
Delivery of water under the terms of this article shall be deemed to be in compliance with its provisions when the amounts passing the state-line gaging stations are substantially equivalent to the scheduled amounts. Minor irregularities in flow shall be disregarded.
(c) The storage capacity provided in reservoirs in the Little Blue river basin in Nebraska shall be limited to a total of 200,000 acre-feet. Similarly, the storage capacity in reservoirs in the Big Blue river basin in Nebraska shall be limited to 500,000 acre-feet. These limitations are exclusive of storage capacity that may be found necessary for regulation and use of waters imported into these basins in Nebraska; exclusive of storage capacity in small reservoir projects where the storage of water for subsequent use is less than 200 acre-feet; exclusive of storage capacity allocated to sedimentation and flood control; and exclusive of storage capacity allocated to, and from which water is released to accomplish, low-flow augmentation for improvement of water quality, for fishery, wildlife, or recreation purposes, or for meeting the flow schedules at the Kansas-Nebraska state line as set out in Article V, paragraph 5.2.
5.3
Kansas apportionment.
The state of Kansas shall have free and unrestricted use of all waters of the Big Blue river basin flowing into Kansas from Nebraska in accordance with this compact, and of all waters of the basin originating in Kansas, excepting such waters as may, in the future, flow from Kansas into Nebraska.
5.4
Transbasin diversion.
In the event of any importation of water into the Big Blue river basin by either state, the state making the importation shall have exclusive use of such imported water, including identifiable return flows therefrom. Neither state shall authorize the exportation from the Big Blue river of water originating within that basin without the approval of the administration.
Article VI—Water Quality Control
6.1 The states of Kansas and Nebraska mutually agree to the principle of individual state efforts to control natural and man-made water pollution within each state and to the continuing support of both states in active water pollution control programs.
6.2 The two states agree to cooperate, through their appropriate state agencies, in the investigation, abatement, and control of sources of alleged interstate pollution within the Big Blue river basin whenever such sources are called to their attention by the administration.
6.3 The two states agree to cooperate in maintaining the quality of the waters of the Big Blue river basin at or above such water quality standards as may be adopted, now or hereafter, by the water pollution control agencies of the respective states in compliance with the provisions of the federal water quality act of 1965, and amendments thereto.
6.4 The two states agree to the principle that neither state may require the other to provide water for the purpose of water quality control as a substitute for adequate waste treatment.
Article VII—General Provisions
7.1
Right to store water in upper state.
The right of the state of Kansas or of any person, corporation, local agency, or entity in Kansas to construct or participate in the future construction and use of any storage reservoir or diversion works in the Big Blue and Little Blue basins of Nebraska for the purpose of regulating water to be used in Kansas shall never be denied:
Provided,
That such right is subject to the laws of the state of Nebraska and that any such storage for use by Kansas shall be excluded from the limitations on storage under Article V, paragraph 5.2 (c).
Releases of water from storage provided by Kansas interests in the state of Nebraska shall not be counted toward meeting the minimum flow requirements at the state line under the provisions of paragraph 5.2 (b).
7.2
Disclaimer.
Nothing contained in this compact shall be deemed:
(1) To impair, extend, or otherwise affect any right or power of the United States, its agencies, or its instrumentalities involved herein;
(2) To subject to the laws of the states of Kansas and Nebraska any property or rights of the United States that were not subject to the laws of those states prior to the date of this compact;
(3) To interfere with or impair the right or power of either signatory state to regulate within its boundaries the appropriation, use, and control of waters within that state consistent with its obligations under this compact.
7.3
Invalidity in part.
Should a court of competent jurisdiction hold any part of this compact to be contrary to the constitution of either signatory state or to the constitution of the United States, all other severable provisions of this compact shall continue in full force and effect.
7.4
Future review.
After the expiration of five years following the effective date of this compact, the administration may review any provisions hereof; and it shall meet for such review whenever a member of the administration from either state requests such review. All provisions hereof shall remain in full force and effect until changed and amended within the intent of the compact by unanimous action of the administration, and until such changes in this compact are ratified by the legislatures of the respective states and are consented to by the congress of the United States, in the same manner that this compact is required to be ratified and consented to before it becomes effective.
7.5
Termination.
This compact may be terminated at any time by appropriate action of the legislatures of both signatory states. In the event of amendment or termination of the compact, the water-resource developments made in compliance with, and reliant upon, this compact shall continue unimpaired.
Article VIII—Ratification
8.1 This compact shall become binding and obligatory when it shall have been ratified by the legislature of each state and consented to by the congress of the United States and when the congressional act consenting to this compact includes the consent of congress to name and join the United States as a party in any litigation in the United States supreme court, if the United States is an indispensable party and if the litigation arises out of this compact or its application, and if a signatory state is a party thereto.
8.2 Notice of ratification by the legislature of each state shall be given by the governor of that state to the governor of the other state and to the president of the United States, and the president is hereby requested to give notice to the governor of each state of the consent by the congress of the United States.
In Witness Whereof
the authorized representatives have executed three counterparts hereof, each of which shall be and constitute an original, one of which shall be deposited with the administrator of general services of the United States, and one of which shall be forwarded to the governor of each state.
Done
at Lincoln, Nebraska, this 25th day of January 1971.
Keith S. Krause
Commissioner for the state of Kansas
Dan S. Jones, Jr.
Commissioner for the state of Nebraska
Approved:
Elmo W. McClendon
Representative of the United States of America
History: L. 1971, ch. 332, § 1; July 1.
Subject to the provisions of K.S.A. 19-270, the board of county commissioners of each county in this state shall have power and it shall be their duty upon a proper petition being presented, to incorporate and organize rural water-supply districts within their respective counties in the manner hereinafter provided.
History: L. 1941, ch. 7, § 1; L. 1986, ch. 70, § 43; May 15.
Any two or more owners of adjacent lands within any county may file with the county clerk a petition addressed to the board of county commissioners praying for the incorporation of a water-supply district. The petition shall (1) describe by section, or fraction thereof, and by township and range the location of lands owned by the petitioners and desired to be incorporated into the proposed water-supply district and shall state (2) that such lands are without an adequate water supply; (3) that the construction of dams, wells or other works are necessary to develop an adequate water supply, and (4) that such improvement or works will be conducive to and will promote the public health, convenience and welfare.
History: L. 1941, ch. 7, § 2; June 30.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any rural water district created pursuant to K.S.A. 82a-601 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a rural water district.
History: L. 1997, ch. 143, § 7; May 8.
Whenever a petition as provided in the preceding section is filed with the county clerk, the county clerk shall thereupon give notice to the county commissioners of the filing and pendency of such petition and the county commissioners shall forthwith fix a time within 30 days from date of filing of the petition, for a hearing of the same and the county clerk shall at least seven days before date fixed for such hearing, give or send by mail, written notice thereof to each of the petitioners, and shall transmit to the chief engineer of the division of water resources, Kansas department of agriculture, one copy of the petition and notice of the date set for its consideration.
History: L. 1941, ch. 7, § 3; L. 2004, ch. 101, § 139; July 1.
At the time set for the hearing and consideration of the petition as provided in the preceding section, it shall be the duty of the board of county commissioners to ascertain (1) whether proper notice of the hearing has been given to the signers of the petition and the chief engineer as required by this act; (2) whether lands described in the petition are without an adequate water supply; (3) whether the construction of dams, wells or other works are necessary to develop an adequate water supply; (4) whether such improvements or works will be conducive to and will tend to promote the public health, convenience and welfare. If upon such consideration it shall be found that such petition is in conformity with the requirements of this act, the board of county commissioners shall thereupon immediately declare the land described in the petition to constitute a quasi-municipal corporation and the petitioners therein to be incorporated as a water-supply district under the name of "Rural Water-supply District No. ______, ______________ County, Kansas," (inserting number in order of incorporation and name of county) and thereupon shall enter upon its records full minutes of such hearing together with declaration that henceforth all land in said district and the owners thereof and their successors shall constitute a body politic and corporate under said corporate name for the purposes of this act.
History: L. 1941, ch. 7, § 4; June 30.
The owners of land within said district shall constitute the governing body of each water-supply district incorporated under this act within their respective counties and shall constitute a board of directors who shall immediately following the granting of incorporation by the board of county commissioners, meet in the office of the county clerk and select from their number a president. The county clerk and county treasurer shall respectively act and perform the required duties of a secretary and treasurer for said district. It shall be the duty of the secretary to cause an entry to be made upon its records showing all of its minutes, decisions and orders made pursuant to the provisions of this act.
History: L. 1941, ch. 7, § 5; June 30.
Every water-supply district incorporated under this act shall have perpetual succession, subject to dissolution as provided by this act; shall be empowered to sue and be sued; shall be capable of contracting and being contracted with; shall be authorized and empowered to hold such real and personal property as may come into its possession by will, gift, purchase or otherwise as authorized by law; shall have power to construct, install, maintain and operate such dams, wells and other works and such appurtenant structures and equipment as may be necessary to carry out the purposes of its organization and shall have power to issue bonds to defray the cost of such improvements and to levy special assessments and taxes to pay the bonds or defray the cost of the improvements or any part thereof, and the cost of maintenance of such works as hereinafter provided.
History: L. 1941, ch. 7, § 6; June 30.
The board of directors of any such district in this state acting in its capacity as the governing body of water-supply districts within their respective counties, may employ such common and skilled labor, and professional and other services as may be necessary to the proper performance of such work or improvement as is proposed to be done within any such district in the county, and the maintenance thereof.
History: L. 1941, ch. 7, § 7; June 30.
Plans, specifications, estimates of cost and amount of benefits to each tract in such district for any proposed improvement authorized by this act shall be filed with the chief engineer of the division of water resources and with the secretary of the water-supply district, and the total benefits of any such improvement shall be divided into a suitable number of units of which each landowner within the district shall subscribe to the number of such units in proportion to the extent he or she desires to participate in the benefits of the improvements. All costs in connection with the construction of such improvement shall be assessed to such landowners in proportion to benefits subscribed for and each landowner's share of the benefits of such improvement shall thereafter be in that proportion.
History: L. 1941, ch. 7, § 8; June 30.
The board of directors of any water-supply district as provided shall have power to cause to be constructed within such district such works as are authorized by this act and to issue bonds to pay the cost thereof, the outstanding amount at any time of such bonds not exceeding ten percent of the assessed valuation of all taxable lands and improvements within the district as shown by the assessment and tax rolls of the preceding year, and such bonds to be paid by a special assessment levied upon taxable lands and improvements of landowners within the district, and assessed in proportion to the benefit units subscribed to by each landowner as provided in the next preceding section.
History: L. 1941, ch. 7, § 9; June 30.
The officers of the board of directors shall hold their office for a period of one year, and thereafter at the pleasure of the board of directors until a successor is elected; it shall be the duty of the president of said board of directors to keep in repair such works as are constructed by the district as authorized in this act and to operate such works, all as directed by said board. The president and all persons who may perform any service or labor as provided herein shall be paid such just and reasonable compensation as may be allowed by the board of directors and said board may annually levy such amount as in its judgment is necessary to properly maintain and operate such works and assess such amount against landowners within the district in the same proportion and manner as provided in the preceding section, and it shall not be required to publish its budget prior to hearing thereon, provided all directors approve and sign said budget.
History: L. 1941, ch. 7, § 10; June 30.
Whenever a petition signed by three-fourths of the landowners in any water-supply district organized under provisions of this act, and acts amendatory and supplemental thereto, is presented to the board of county commissioners of the county wherein said district is located, and it shall appear from said petition that said district owns no property of any kind, exclusive of records, maps, plans and files; that all of its debts and obligations have been fully paid; that the board of directors have not held a meeting for more than one year prior to the date of signing said petition; that the district is not functioning, and will probably continue to be inoperative, the board of county commissioners shall after such finding issue a certificate stating the allegations in said petition as true and declaring said water-supply district dissolved, and shall make full minutes of such hearing in its journal and deliver said certificate to the secretary of said district. The secretary of said district shall within thirty days thereafter deliver all records, maps, plans and files to the county clerk, and thereupon said district shall be dissolved.
History: L. 1941, ch. 7, § 11; June 30.
As used in this act, unless the context clearly requires otherwise:
(a) "District" means a rural water district organized pursuant to this act;
(b) "board" means the governing body of a district;
(c) the terms "board of county commissioners" and "county clerk" shall mean, respectively, the board of county commissioners and county clerk of the county in which the greatest portion of the territory of any existing or proposed rural water district is located;
(d) "participating member" means an individual, firm, partnership, association or corporation and:
(1) Which has subscribed to one or more benefit units of such district; or
(2) which is charged a franchise fee for water service which is paid, either directly or indirectly through another water provider, to such district;
(e) "chief engineer" means the chief engineer of the division of water resources, Kansas department of agriculture.
History: L. 1957, ch. 540, § 1; L. 2004, ch. 101, § 140; L. 2010, ch. 15, § 4; L. 2012, ch. 27, § 1; July 1.
Subject to the provisions of K.S.A. 19-270, the board of county commissioners of each county in this state shall have power and it shall be their duty, upon a proper petition being presented, to incorporate and organize rural water districts in the manner hereinafter provided.
History: L. 1957, ch. 540, § 2; L. 1986, ch. 70, § 44; May 15.
A petition addressed to the board of county commissioners may be filed with the county clerk, praying for the incorporation of a district. Such petition shall be signed by at least fifty percent (50%) of the owners of land within the proposed district, or signed on behalf of the owners of land within the proposed district when such petition is accompanied by a request for petitioning signed by at least fifty percent (50%) of the owners of land within the proposed district. The number of owners of land in the proposed district shall be determined by an enumeration of said owners of land, taken from the tax rolls of the county in which lands of the proposed district are located, and verified by one of said landowners or the attorney filing same, duly attached to and made a part of said petition: Provided, That for purposes of determining the number of owners of land in the district the tax rolls of the county shall be prima facie evidence of title and of the name and address of the owners of land within said proposed district. The petition shall (1) define by metes and bounds the boundaries of the proposed district and shall state (2) that the lands within such boundaries are without an adequate water supply; (3) that the construction and maintenance of ponds or reservoirs or pipelines or wells or check dams or pumping installation, or any other facility for water storage, transportation or utilization, or that the construction and maintenance of any combination of said projects is necessary for the improvement of the community, and (4) that such improvement or works shall be conducive to and will promote the public health, convenience and welfare.
History: L. 1957, ch. 540, § 3; L. 1963, ch. 512, § 1; L. 1965, ch. 556, § 1; June 30.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any rural water district created pursuant to K.S.A. 82a-612 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a rural water district.
History: L. 1997, ch. 143, § 8; May 8.
Whenever a petition as provided in the preceding section is filed with the county clerk, the clerk shall give notice to the county commissioners of the filing of the petition. The county commissioners shall forthwith fix a time and place within 30 days from date of filing of the petition for a hearing of the same. In addition, the county commissioners, with the advice of the petitioners shall forthwith fix a time and place of landowners meeting, immediately after the hearing, for the purpose of electing directors and a time and place within seven days from the date of the hearing for a meeting of the landowners for the purpose of adopting bylaws for the district. The county clerk, at least seven days before the date fixed for the hearing shall mail written notice of the times and places of the hearing and the landowners meetings to each of the petitioners. The county clerk shall transmit to the chief engineer one copy of the petition and notice of the time and place of the hearing thereon. The county clerk shall also cause to be published once each week for two consecutive weeks in the official county newspaper a notice entitled, "Notice of hearing of petition to incorporate and organize a rural water district in the vicinity of ______________, __________ county, Kansas," (inserting word or words descriptive of vicinity and name of county). The last publication of the notice shall be not later than seven days before the date set for the hearing. The published notice shall (1) define by metes and bounds the boundaries of the proposed district; (2) state the time and place of hearing; (3) state that all owners of land within such boundaries may appear and be heard; (4) state that a rural water district, if incorporated, shall have no power or authority to levy any taxes whatsoever; (5) state the time and place of the meeting of the landowners for the purpose of electing directors; and (6) state the time and place of the meeting of the landowners for the purpose of adopting bylaws for the district.
History: L. 1957, ch. 540, § 4; L. 1963, ch. 512, § 1a; L. 1965, ch. 556, § 2; L. 1981, ch. 173, § 82; July 1.
(a) At the time and place set for the hearing and consideration of the petition, it shall be the duty of the board of county commissioners to ascertain (1) whether proper notice of the hearing has been given to the persons and in the manner provided by K.S.A. 82a-615; (2) whether lands within the area defined in the petition are without an adequate water supply; (3) whether the construction and maintenance of ponds, or reservoirs, pipelines or wells or check dams or pumping installation or any other facility for the storage, transportation or utilization of water, of the construction and maintenance of any combination of said proposed projects are necessary for the improvement of the community: Provided, The county commissioners shall make no affirmative finding that any proposed project is necessary if the construction and maintenance of said project would encourage the cultivation of lands which are submarginal and which should be devoted to other uses in the public interest; (4) whether such improvements or works will be conducive to and will tend to promote the public health, convenience and welfare. If upon such consideration it shall be found that such petition is in conformity with the requirements of this act, the board of county commissioners shall thereupon immediately declare either the district within the boundaries defined in the petition or a district contained within such boundaries as described by such board to constitute a quasi-municipal corporation and to be incorporated as a rural water district under the name of "rural water district No. ______, ______________ county, Kansas," (inserting number in order of incorporation and name of county) and thereupon shall enter upon its records full minutes of such hearing, together with declaration that thenceforth said district shall constitute a body politic and corporate under said corporate name for the purposes of this act.
(b) Any district heretofore declared and incorporated by the board of county commissioners pursuant to a petition presented under this section, the boundaries of which fall within the boundaries as proposed in said petition but which are not congruent therewith, is hereby ratified and declared to be a lawfully incorporated and existing district.
History: L. 1957, ch. 540, § 5; L. 1963, ch. 512, § 2; L. 1965, ch. 556, § 3; L. 1976, ch. 437, § 1; July 1.
Immediately following the granting of incorporation by the board of county commissioners, and at the time and place set out in the notice of hearing, the owners of land within any such district shall select from their number a board of directors. The number of members on said board, not to exceed nine (9), shall be determined by majority vote of those owners of land present: Provided, Any original director who shall fail to subscribe to one (1) or more benefit units and pay the established unit fee for each unit to which he or she subscribes within thirty (30) days after entry in the minutes of the board of a declaration of availability of such benefit units for subscription, shall forfeit his or her office. Within seven (7) days after the election of the original board, proposed bylaws shall be submitted for adoption at a meeting of owners of land located within the district, notice of which shall be given to each such landowner as provided in K.S.A. 82a-615. Those owners of land located within the district present at such special meeting may adopt and amend any of such proposed bylaws and may propose and adopt additional or other bylaws. Such bylaws may be amended at any annual or special meeting of the participating members of the district.
History: L. 1957, ch. 540, § 6; L. 1965, ch. 556, § 4; June 30.
The board shall be the governing body of the district and shall meet annually on the same day the annual meeting of participating members of the district is held pursuant to K.S.A. 82a-626, and such annual meeting of the board of directors shall follow the annual meeting of participating members and at such other times as may be determined by the board or upon call by the chairman or any two (2) members of the board. Vacancies on the board shall be filled for the unexpired term, and until such appointee's successor is elected and has qualified, by appointment by the remaining members of the board. The board shall adopt such rules and regulations in conformity with the provisions of this act and the bylaws of the district as are deemed necessary for the conduct of the business of the district. It shall be the duty of the secretary to cause an entry to be made upon its records showing all of its minutes, decisions and orders made purusant to the provisions of this act.
History: L. 1957, ch. 540, § 7; L. 1963, ch. 512, § 3; April 22.
Every district incorporated under this act shall have perpetual succession, subject to dissolution or consolidation pursuant to law and shall have the power to:
(a) Exercise eminent domain within the boundaries of such district;
(b) sue and be sued;
(c) contract;
(d) hold real and personal property acquired by will, gift, purchase, or otherwise, as authorized by law;
(e) construct, install, maintain and operate such ponds, reservoirs, pipelines, wells, check dams, pumping installations or other facilities for the storage, transportation or utilization of water and such appurtenant structures and equipment necessary to carry out the purposes of its organization;
(f) contract with cities or counties, or both, to operate and maintain state-permitted wastewater treatment works, systems and other facilities relating to the treatment of wastewater within the boundaries of the district;
(g) cooperate with and enter into agreements with the secretary of the United States department of agriculture or the secretary's duly authorized representative necessary to carry out the purposes of its organization; and to accept financial or other aid which the secretary of the United States department of agriculture is empowered to give pursuant to 7 U.S.C. § 1921 et seq., as in effect on the effective date of this act;
(h) acquire loans for the financing of up to 95% of the cost of the construction or purchase of any project or projects necessary to carry out the purposes for which such district was organized and to execute notes and mortgages in evidence thereof with interest, or combined interest and mortgage insurance charges, which shall not exceed 13%, except that for purposes of interim financing, interest or combined interest and mortgage insurance charges shall not exceed 14%. Any district shall have the same power to acquire loans or to issue revenue bonds pursuant to K.S.A. 82a-625, and amendments thereto, for the refinancing of up to 95% of the original cost of any such project or projects. The balance of the cost of construction shall be acquired by subscription, donation, gift or otherwise than through the medium of loans, except that in the case of cooperative corporations and corporations not-for-profit being converted to water districts as provided for in K.S.A. 82a-631 to 82a-635, inclusive, and amendments thereto, the district may assume 100% of the indebtedness of the corporation, providing the corporation originally raised at least 10% of the construction cost by means otherwise than through the medium of loans. Any such loan may be secured by any or all of the physical assets owned by the district, including easements and rights-of-way, except that no district organized under this act shall have any power or authority to levy any taxes.
History: L. 1957, ch. 540, § 8; L. 1959, ch. 415, § 1; L. 1963, ch. 512, § 4; L. 1974, ch. 449, § 1; L. 1976, ch. 438, § 1; L. 1980, ch. 331, § 4; L. 1981, ch. 396, § 1; L. 1982, ch. 435, § 1; L. 2002, ch. 137, § 2; L. 2012, ch. 29, § 2; July 1.
History: L. 1963, ch. 513, § 2; Repealed, L. 1989, ch. 118, § 196; July 1.
(a) Prior to the installation of any water pipeline or appurtenant facility upon any easement or right-of-way granted to any rural water district, the board of directors or its designee shall advise the grantor or his or her local agent of such easement or right-of-way as to the exact location of the proposed installation. If a revision of such location is requested by the grantor, the board or its designee shall offer to negotiate with the grantor for the relocation of the proposed installation to the grantor's satisfaction. Any additional cost incurred by the district as a result of altering the location of the installation shall be borne by the party requesting the alteration.
(b) The terms used in this section shall have the meanings respectively ascribed thereto by K.S.A. 82a-612.
History: L. 1976, ch. 436, § 1; July 1.
The board of any such district in this state acting in its capacity as the governing body may employ such common and skilled labor, and professional and other services, as may be necessary to the proper performance of such work or improvement as is proposed to be done within any such district, and the maintenance thereof.
History: L. 1957, ch. 540, § 9; June 29.
(a) Plans, specifications, proposed operating budget, schedules of unit fees and benefit units, rules and regulations and estimates of cost for any authorized proposed improvement shall be filed with the chief engineer and with the secretary of the district. The total benefits of any such improvement shall be divided into a suitable number of benefit units. Each landowner within the district shall subscribe to a number of such units in proportion to the extent such landowner desires to participate in the benefits of the improvements.
(b) Upon determining a schedule of benefit units and unit fees, the board shall cause a declaration of availability of such units for subscription to be entered in the board's minutes. Any individual, firm, partnership, association or corporation that fails to become a participating member within 90 days after such declaration shall not be qualified to hold office as a director, participate at any meeting or vote at any election held thereafter unless such individual, firm, partnership, association or corporation shall thereafter become a participating member.
(c) As long as the capacity of the district's facilities permits, participating members of the district may subscribe to additional units upon payment of a unit fee for each such unit. Owners of land located within the district who are not participating members may subscribe to such units as the board in its discretion may grant, and upon payment of the unit fee for each such unit shall be entitled to the same rights as original participating members. Proceeds realized from benefit units may be accumulated and used by the district for any lawful purpose, including but not limited to, construction, expansion and improvement of the district's water producing and water transportation facilities.
(d) As long as the capacity of the district's facilities permits, the board of a district shall reinstate any benefit unit forfeited for nonpayment of fees and charges upon payment of:
(1) All fees and charges due to the district in addition to any fees and charges that would have accrued since the date of forfeiture; and
(2) a benefit unit reinstatement fee which shall not exceed 20% of the district's current new benefit unit fee.
(e) If the capacity of the district's facilities permits, the district may sell water to persons engaged in hauling water and to any municipal, quasi-municipal or nonprofit corporation organized for any purpose consistent with that for which the district was organized.
History: L. 1957, ch. 540, § 10; L. 1959, ch. 415, § 2; L. 1963, ch. 512, § 5; L. 1965, ch. 556, § 5; L. 1974, ch. 450, § 1; L. 1979, ch. 332, § 1; L. 2017, ch. 46, § 2; L. 2019, ch. 38, § 2; July 1.
A petition addressed to the county commissioners may be filed with the county clerk, praying for the attachment, to an existing district, of lands outside the district which can be economically served by the facilities of the district. Said petition for attachment shall be signed by at least fifty percent (50%) of the owners of land within the area or signed on behalf of the owners of land within the area when such petition is accompanied by a request for petitioning signed by at least fifty percent (50%) of the owners of land within the area. The number of owners of land in the area shall be determined by an enumeration of said owners of land, taken from the tax rolls of the county in which lands are located, and verified by one of said landowners or the attorney filing same, duly attached to and made a part of said petition. For purposes of determining the number of owners of land in the area the tax rolls of the county shall be prima facie evidence of title and the name and address of the owners of land within said area. The petition shall (1) define by metes and bounds the boundaries of lands requested to be attached to the district, and shall state (2) the name of the district to which attachment is desired; (3) that such lands are without an adequate water supply; and (4) that attachment to said district will be conducive to and will promote the public health, convenience and welfare.
History: L. 1957, ch. 540, § 11; L. 1959, ch. 415, § 3; L. 1963, ch. 512, § 6; L. 1965, ch. 556; L. 1978, ch. 432, § 1; L. 1980, ch. 331, § 1; April 23.
Subject to the provisions of K.S.A. 19-270, and amendments thereto, the county clerk shall give notice to the county commissioners of the filing of the petition for attachment. The board of county commissioners shall fix a time and place, within 30 days from the date of the filing of the petition, for a hearing on the same. The county clerk, at least seven days before the date fixed for the hearing, shall send by first class mail to each owner of land within the area sought to be attached a copy of the petition for attachment, and a copy of the notice fixing the time and place of hearing on the petition. The owners of land within the area sought to be attached shall be determined by an enumeration of landowners taken from the tax rolls of the county in which the land is located. If the petition for attachment is accompanied by a verified statement by one of the owners of land within the area sought to be attached, or the attorney for the petitioner, that the owners of all of the land within the area sought to be attached have signed the petition for attachment, a copy of the petition for attachment shall not be sent to the owners of land sought to be attached. The clerk shall send by first class mail a copy of the petition for attachment and a copy of the notice fixing the time and place of hearing on the petition to the office of the water district to which attachment is sought. The clerk also shall transmit to the chief engineer a copy of the petition for attachment and a copy of the notice fixing the time and place of hearing thereon.
History: L. 1957, ch. 540, § 12; L. 1965, ch. 556, § 7; L. 1980, ch. 331, § 2; L. 1986, ch. 70, § 45; L. 1997, ch. 143, § 2; May 8.
(a) At the time and place set for the hearing and consideration of the petition, the board of county commissioners shall ascertain (1) whether proper notice has been given as required by K.S.A. 82a-623, and (2) whether the statements contained in the petition are true. If the statements contained in the petition are true and if a majority of the members of the board of the district to which attachment is desired do not object, the board of county commissioners shall enter into its minutes of such findings and shall set forth in said minutes a metes and bounds description of the new territory attached to said district. Thereafter owners of land located within the attached territory shall be entitled to subscribe to such benefit units upon such terms and conditions as the board in its discretion may provide. Any owner of land located within any territory attached to a district as provided by this act, who shall subscribe to one or more benefit units and comply with terms and conditions provided by the board, shall be entitled to the same rights as participating members are entitled to.
(b) When the petition has been signed by seventy-five percent (75%) of the landowners, the board of county commissioners shall ascertain whether the statements contained in the petition are true. If the statements contained in the petition are true and if a majority of the members of the board of the district to which attachment is desired do not object, the board of county commissioners shall enter into its minutes of such findings and shall set forth in said minutes a metes and bounds description of the new territory attached to said district.
History: L. 1957, ch. 540, § 13; L. 1965, ch. 556, § 8; L. 1980, ch. 331, § 3; April 23.
The board of directors of any district as provided shall have power to cause to be constructed within such district such works as are authorized by this act and to issue revenue bonds therefor, which shall be exempt from taxation. Such bonds shall be self-liquidating out of the revenue to be derived by the district for its services and facilities, shall bear interest at not more than the maximum rate of interest prescribed by K.S.A. 10-1009 and shall be issued under such provisions and conditions as the board shall determine.
History: L. 1957, ch. 540, § 14; L. 1970, ch. 64, § 98; L. 1979, ch. 332, § 2; April 26.
(a) The term of office of every member elected to an original board shall be until the date of the annual meeting of the participating members of either the first, second or third year following the year of the incorporation of the district and until their successors are elected and have qualified, and as nearly as possible the terms of an equal number of directors on any such board shall expire on each of such dates.
(b) Except as provided by the bylaws of the district pursuant to K.S.A. 82a-648, and amendments thereto, at the annual meeting of each year after the year of the election of the original board members, elections shall be held to elect directors to fill any position on the board, the term of office of which has expired, and any director so elected shall hold office for a term of three years and until such director's successor is elected and has qualified. For the purpose of election of board members and for such other purposes as the bylaws may prescribe, annual meetings of participating members shall be held by each district between January 1 and April 1 of each year following the year of incorporation of such district. The board of directors shall cause notice of the time and place of each annual meeting and the purpose thereof to be mailed to each of its participating members or shall cause such notice to be published in a newspaper of general circulation within the district. Every such notice shall be mailed or published not less than 10 nor more than 30 days prior to any such meeting. Each participating member shall be entitled to a single vote, regardless of the number of benefit units to which such member has subscribed.
History: L. 1957, ch. 540, § 15; L. 1959, ch. 415, § 4; L. 1987, ch. 401, § 1; L. 2002, ch. 137, § 4; July 1.
The board of directors shall annually elect a chairman, vice-chairman, secretary and treasurer for a term of one (1) year and until a successor is elected and has qualified.
History: L. 1957, ch. 540, § 16; June 29.
It shall be the duty of the chairman of the board of directors to keep in repair such works as are constructed by the district as authorized in this act and to operate such works, all as directed by said board. The chairman and all persons who may perform any service or labor as provided herein shall be paid such just and reasonable compensation as may be allowed by the board of directors and said board shall annually prepare an estimated budget for the coming year, adjust water rates, if necessary to produce sufficient revenue required by such budget, shall cause an annual audit of the district's records and accounts to be made, and shall make a report on said matters at each annual meeting.
History: L. 1957, ch. 540, § 17; June 29.
Whenever a petition signed by ¾ of the subscribers and benefit unit owners in any district organized under provisions of K.S.A. 82a-612 et seq., and amendments thereto, is presented to the board of county commissioners stating that all of the district's debts and obligations have been fully paid; that the board of directors has not held a meeting for more than six months prior to the date of signing the petition; and that the district is not functioning, and shall continue to be inoperative, the board of county commissioners shall make findings thereon. If the board of county commissioners finds the allegations in the petition to be true, the board shall provide for the disposition of any property owned by the district and for the apportionment of the proceeds thereof together with any other moneys belonging to the district to an adjoining rural water district or to any other political subdivision of the state. No money, property or the proceeds thereof shall be distributed to any private interests. The board of county commissioners shall issue a certificate stating that the allegations in the petition are true and declaring the district dissolved. The board of county commissioners shall make full minutes of the hearing in its journal and deliver such certificate to the secretary of the district. The secretary of the district, within 30 days thereafter, shall deliver all records, maps, plans and files to the county clerk, and thereupon the district shall be dissolved.
History: L. 1957, ch. 540, § 18; L. 1985, ch. 337, § 1; L. 1991, ch. 291, § 1; March 21.
History: L. 1959, ch. 415, § 5; L. 1977, ch. 355, § 1; Repealed, L. 2001, ch. 80, § 2; April 12.
Revisor's Note: Transferred to 82a-647.
Any cooperative or nonprofit corporation organized prior to July 1, 1957, for purposes authorized by sections 82a-612 to 82a-629, both sections inclusive, of the General Statutes Supplement of 1957, may, by a vote of a majority of the members present at a regular meeting, or at a meeting duly called for that purpose, and provided a quorum is present, elect to petition the county commissioners to incorporate the lands within its corporate boundaries into a rural water district. Said petition shall: (1) Be accompanied by a map showing the corporate boundaries of the area served, a roster of the stockholders, complete with addresses; (2) state the name of the corporation desiring to be incorporated as a rural water district; (3) state that prior to the construction of water facilities by the corporation, the area was without an adequate water supply; (4) state that the holders of notes, bonds, or other instruments evidencing indebtedness of the corporation are willing to have the new district, if established, assume the indebtedness and obligations of the corporation; and (5) be signed by the president and secretary of the corporation for its members.
History: L. 1959, ch. 415, § 6; April 4.
Notice of the filing of a petition for conversion to a water district, fixing time and place of the hearing, shall be given in the same manner as prescribed in K.S.A. 82a-626, insofar as same can be made applicable, except that all members whose names are shown on the roster of stockholders submitted with the petition for conversion shall be considered petitioners, and shall be given notice of such filing and of the time and place of the hearing by registered or certified mail.
History: L. 1959, ch. 415, § 7; April 4.
At the time and place set for the hearing and consideration of the petition, the board of county commissioners shall ascertain: (1) Whether proper notice has been given as provided for in K.S.A. 82a-632; and (2) whether the statements contained in the petition are true. If determined in the affirmative, the said board of county commissioners shall enter into its minutes such findings, shall cause the map accompanying the petition to be filed of record, and shall declare the land shown within the boundaries on said map to constitute a quasi-municipal corporation, and to be incorporated into a rural water district under the name of "Rural Water District No. ______, ______________ county, Kansas," and thereupon shall enter upon its records full minutes of the hearing, together with the declaration that said district shall constitute a body politic and corporate under said corporate name for the purposes of this act.
History: L. 1959, ch. 415, § 8; L. 1963, ch. 512, § 7; April 22.
Holders of shares of stock and/or membership certificates in the corporation or cooperative electing to convert to a rural water district shall hold benefit units in the water district established in the same number as they were entitled to water services in the previously existing corporation or cooperative.
History: L. 1959, ch. 415, § 9; April 4.
When the rural water district has been established pursuant to the provisions of K.S.A. 82a-631 to 82a-634, both sections inclusive, hereof, and the assets and liabilities of the corporation or cooperative have been transferred to it, the corporation or cooperative shall thereupon be dissolved.
History: L. 1959, ch. 415, § 10; April 4.
The provisions of K.S.A. 82a-631 to 82a-635, both sections inclusive, shall be supplemental to the provisions of K.S.A. 82a-612 to 82a-629, both sections inclusive, and acts amendatory thereof or supplemental thereto.
History: L. 1959, ch. 415, § 11; July 4.
Whenever a rural water district is created under the provisions of K.S.A. 82a-612 et seq., and acts amendatory thereof, and all or part of such district lies within a three mile radius of a city of the first class, and such district does not qualify for additional loans in order to increase its facilities sufficiently to enable it to provide adequate water service for development of the area within such district, then said district may upon a petition signed by two-thirds of the participating members of the district, as determined by an enumeration taken and verified for this purpose by a qualified elector residing within the district or, upon a vote, in person or by proxy, of more than one-half of the participating members of said district at a special meeting called for such purpose by the board of directors of the district, approve the transfer of all physical assets and properties, funds and records of said district to the city lying within the prescribed radius, or to the board of public utilities of such city, upon agreement executed between said city or board of public utilities, as the case may be, and the governing body of the water district for payment or satisfaction of all outstanding indebtedness and obligations of said rural water district, and further agreement for the payment of not less than 20% of the determined amount of the outstanding debts and obligations of the district at the time of the execution of the agreement; and such agreement shall also provide that water services to the water users in the water district shall be at rates which are at not more than the prevailing rates at the time of such agreement.
Such agreement and transfer of assets and properties of the district shall be subject to the approval of the secretary of agriculture of the United States or his or her duly authorized representative; and no transfer of assets or properties shall be made until such approval has been received.
At any time after the participating members of the district have approved such transfer of assets and properties as herein provided for by petition or election, and after an agreement is executed as authorized herein, and upon payment of the twenty percent (20%) of the outstanding indebtedness and debts as required, the board of directors of the water district shall transfer the physical assets and properties to the municipality or board of public utilities, together with all records, maps, plans and files in connection therewith and thereafter the governing body of the city or the board of public utilities, as the case may be, shall operate such properties as a part of the municipal functions of the city, subject to the terms of the agreement entered into.
History: L. 1969, ch. 107, § 1; April 15.
Revisor's Note: The text of this section has not been included in this printing since its provisions expired on January 1, 1981. For the text of this section, see L. 1979, ch. 332, § 3.
History: L. 1973, ch. 413, § 1; L. 1975, ch. 511, § 1; L. 1978, ch. 433, § 1; L. 1979, ch. 332, § 3; April 26; Expired, January 1, 1981.
Subject to the provisions of K.S.A. 19-270, any two or more rural water districts organized pursuant to K.S.A. 82a-612 et seq., and amendments thereto, may be consolidated by order of the board of county commissioners of the county in which the district with the largest number of participating members was originally incorporated and organized.
History: L. 1976, ch. 438, § 2; L. 1986, ch. 70, § 46; May 15.
Prior to the formation of a consolidated rural water district, a special meeting concerning such consolidation shall be held in each district to be consolidated. All members of each such district shall be sent notice by first-class mail of the time, place and purpose of such special meeting at least ten (10) days prior thereto. A majority of the members attending such special meeting of each district to be consolidated shall first authorize the consolidation of such districts and approve the assumption and payment of all liabilities and obligations of the districts to be consolidated by the consolidated district. A petition addressed to the board of county commissioners of the county with the largest number of participating members, executed by the chairman and secretary of each district seeking consolidation, and filed with the county clerk of such county shall: (1) Set forth the names of each district seeking consolidation; (2) be accompanied by a map showing the boundaries of such districts; (3) state that the consolidation has been approved by a majority of the members attending the special meeting of each district seeking consolidation; (4) state whether or not the boards of the districts proposed to be consolidated have agreed to assume all existing liabilities of such districts as provided in K.S.A. 82a-643, and whether such agreement has been approved by the holders of all outstanding revenue bonds and promissory notes; and (5) state that the consolidated district will provide adequate water service within the area of the consolidated district.
History: L. 1976, ch. 438, § 3; L. 1979, ch. 332, § 4; April 26.
Whenever a petition is filed with the county clerk of the county having the largest number of participating members, as provided in K.S.A. 82a-640, such county clerk shall give notice to the board of county commissioners of such county of the filing and pendency of such petition. The board of county commissioners shall forthwith fix a place and time within 30 days from the date of the filing of the petition for a hearing thereon. The county clerk shall, at least 10 days before the date fixed for the hearing, give or send by registered or certified mail, written notice of the hearing to the chairperson of each district seeking consolidation, and shall transmit one copy of the petition and notice of the hearing to the chief engineer of the division of water resources. The county clerk shall also cause a notice of the hearing to be published once each week for two consecutive weeks in the official county newspaper. The last publication shall be not later than 10 days before the date set for the hearing. Such published notice shall: (1) Identify by name the districts seeking consolidation; (2) state the time and place of the hearing; (3) state that all interested persons may appear and be heard; and (4) state that a consolidated water district shall have no power or authority to levy any taxes whatsoever.
History: L. 1976, ch. 438, § 4; L. 1981, ch. 173, § 83; July 1.
If, at the time and place set for the hearing, the board of county commissioners shall find and determine that: (1) Notice of the hearing has been given as required by K.S.A. 82a-641; (2) the proposed consolidation has been approved by a majority of the members attending the special meeting of each district seeking consolidation as provided by K.S.A. 82a-640; (3) that the statements contained in the petition for consolidation are true, the board of county commissioners shall thereupon enter an order declaring the area within the boundaries of the rural water districts seeking consolidation to be incorporated as a consolidated rural water district under the name of "consolidated rural water district no. ____, ___________ county, Kansas" (inserting number in order of consolidation and name of county). The county clerk shall thereupon send a copy of such order to the chief engineer of the division of water resources and the secretary of state.
History: L. 1976, ch. 438, § 5; July 1.
At the time of the effective date of the consolidation, all the property of the original districts shall be combined and administered as one unit, and the consolidated district shall thereupon be invested with all the property benefits, franchises and privileges of the districts consolidated by the order and shall have all the powers of rural water districts. All revenue bonds, promissory notes or other liabilities theretofore incurred by any of the districts consolidated by the order shall be paid in accordance with the terms thereof only from revenues derived from the services and facilities of the original district unless the same have been approved for payment by the consolidated district in accordance with K.S.A. 82a-640.
History: L. 1976, ch. 438, § 6; July 1.
Immediately following entry of the order of consolidation by the board of county commissioners, the members of the boards of the former rural water districts which were consolidated shall meet and elect from among themselves a chairman, vice-chairman, secretary and treasurer. The offices of secretary and treasurer may be held by one person. No more than two (2) of such offices may be held by persons from one (1) of such former rural water districts. The members of such boards shall adopt the bylaws of one of the former districts with such changes and modifications as the directors shall deem necessary. The members of such boards of directors shall continue to serve as members of the board of directors of the consolidated district until the next annual meeting of the consolidated district as fixed in the bylaws, at which time a board of directors, not to exceed nine (9) in number, shall be elected in the same manner prescribed for the election of an original board under K.S.A. 82a-617.
History: L. 1976, ch. 438, § 7; July 1.
Participating members of each district forming a consolidated district shall be deemed to be participating members of the consolidated district.
History: L. 1976, ch. 438, § 8; July 1.
(a) Terms used in this section shall have the meanings provided by K.S.A. 82a-612, and amendments thereto.
(b) If certain lands included within a district cannot be economically or adequately served by the facilities of the district, the owners of such lands may petition the board of directors of the district to release those lands from the district. The petition shall describe the lands requested to be released and shall be signed by at least 75% of the total number of the owners of the lands requested to be released. The board of directors may prescribe a fee to be collected from the petitioners for the purpose of offsetting costs reasonably expected to be incurred by the district in hearing the request for release. The petition for release, together with a verified list of the names and addresses of all owners of the land requested to be released, and the prescribed fee, shall be filed with the secretary of the district.
(c) If the board of directors of the district finds the petition to be in proper form, the board shall conduct a hearing on the petition for release. Notice of the time and place of the hearing shall be mailed to all owners of land requested to be released not later than 10 days before the hearing. The hearing may be continued from time to time without further notice to landowners.
(d) In considering the petition for release, the board shall make specific written findings of fact and conclusions determining whether the lands requested to be released cannot be economically or adequately serviced by the facilities of the district and whether such release would be in the best interests of the landowner and the district. The findings and conclusions shall be based upon the preponderance of evidence presented to the board. In determining whether to grant the petition for release, the board's considerations shall be based on the following factors:
(1) Whether the petitioners for release of lands have applied for one or more benefit units to serve the lands requested to be released, which applications have been denied directly or where the cost of the benefit units or service or equipment is unreasonable, excessive or confiscatory so as to render service unavailable;
(2) the length of time before the board of directors reasonably expect to make water service available to the lands requested to be released;
(3) whether water service is available from another source if the lands are released from the district and the relative cost of obtaining service from each source;
(4) if water service is available from the district to the lands requested to be released, the relative cost of obtaining such water service, as determined by the district, compared to the additional value of the lands after water service is made available;
(5) if water service is available from the district, the cost of obtaining such water service, as determined by the district, compared to the cost of obtaining water from another source;
(6) whether any applicable law will prevent any other water suppliers from serving the lands requested to be released;
(7) whether the district's interest in maintaining the integrity of its territory is outweighed by the landowners' need to obtain a source of supply of water to the lands requested to be released;
(8) whether the decision of such board to deny release of lands would allow the district to yield more than adequate compensation;
(9) whether the district establishes a rate for services or equipment that is disproportionate to the services rendered;
(10) whether the district has provided water service to residents or landowners within the disputed territory and would be losing existing customers or whether the disputed territory would supply new customers;
(11) whether the district can provide a safe and adequate supply of water to customers of such district and whether a greater level of water service can be provided by another provider and the relative cost of each option;
(12) whether such board's refusal to detach the territory would result in any economic waste or hinder any economic development; and
(13) where a district provides water service to residences and where a city is required to provide fire protection services, if duplicate water service lines would cause any economic or physical waste.
(e) The board may approve the release of all or part of the lands requested to be released or may deny the request. The burden of proof shall be on the petitioners for release. The board of directors shall make a determination on the petition for release within 120 days after its receipt, shall record its written findings and conclusions in the minutes of the district and shall mail a copy of such written findings and conclusions to each petitioner within seven days.
(f) Except as provided in subsection (g), any owner of land requested to be released from the district who is dissatisfied with the determination of the board of directors on the petition for release may bring an action in the district court of the county in which the district is located to determine if the board of directors of the district abused its discretion in making such determination. Such appeal shall be filed within 30 days after the final decision of the board.
(g) If the district denies the landowner's petition for release because such release would not yield adequate compensation to the district, once such release is denied, the district and the landowner shall determine the amount of compensation sufficient to enable the district to be adequately compensated from the release in the following manner:
(1) The district and the landowner shall each select one qualified appraiser and the two appraisers so selected shall then select a third appraiser for the purpose of conducting an appraisal to determine the amount of compensation sufficient to enable the district to be adequately compensated from the release. The appraisers shall consider all elements of value, employing any method of valuation the appraisers deem appropriate and shall specifically consider the following factors in determining reasonable value:
(A) Whether any property of the district is rendered useless or valueless to the district;
(B) the impact on the existing indebtedness of the district and such district's ability to repay that debt;
(C) the value of the service facilities of the district located within the area in question;
(D) the amount of the district's contractual obligations allocable to the area in question;
(E) any demonstrated impairment of service or increase of cost to consumers of the district remaining after the release and the impact on future revenues lost from existing customers;
(F) any necessary and reasonable legal expenses and professional fees;
(G) any factors relevant to maintaining the current financial integrity of the district; and
(H) if the area released consists of land for which no water service is being provided by the system at the time of the release, the value of such land based on the planning, design and construction of improvements located outside the released area reasonably made to provide future water service to the released area;
(I) any other relevant factors.
(2) The appraisers shall hear such evidence as the appraisers deem appropriate and shall make a written summary of findings and conclusions. At least two of the three appraisers shall agree as to the amount of compensation owed by the landowner to the district and shall require such payment from the landowner to the district for acceptance.
(3) If either the district or the landowner is dissatisfied with the decision of the appraisers, then the district or the landowner may appeal within 30 days such award to the district court. Such appeal shall be heard de novo by the court without a jury.
(h) If the board of directors of the district approves the petition, or if the district court on appeal determines that the board abused its discretion in denying release, a copy of the board's action approving the release or of the district court's order on appeal, as the case may be, shall be transmitted to the chief engineer and to the county clerk, who shall note the change of such district's boundaries.
History: L. 2001, ch. 80, § 1; L. 2010, ch. 15, § 5; July 1.
(a) As an alternative to the procedure contained in K.S.A. 82a-646, and amendments thereto, the owners of land located in a rural water district who desire for their land to be released from such district and attached to a different district may proceed in accordance with this section. A petition to release such land shall be filed with the board of directors of the district in which such land is located. The petition shall:
(1) Describe the land sought to be released;
(2) state the name and number of the rural water district to which the owners seek to have such land attached; and
(3) state that such release is sought conditioned upon the attachment thereof by such other rural water district.
Such petition shall be signed by at least 75% of the owners of the land affected. The ownership shall be determined by an enumeration of landowners taken from the tax rolls of the county in which the land is located.
Within 30 days of receipt of such petition the board of directors of the district shall call and hold a hearing on the advisability of granting such petition. The board shall give notice of such hearing in the same manner provided by K.S.A. 82a-646, and amendments thereto. On the date of such hearing, the board shall approve or disapprove such release based on its determination of the best interests of the district and the petitioning landowners.
(b) Following approval of such petition for release, a petition for attachment of such lands shall be filed with the board of directors of the district to which such land is sought to be attached. The petition shall:
(1) Describe the land sought to be attached;
(2) request that the owners thereof seek to have such land attached to the district; and
(3) have attached to it a copy of the approval of release of such land by the board of directors of the district in which such land was conditionally released. Such petition shall be signed by at least 75% of the owners of the land affected. Ownership shall be determined by an enumeration of landowners taken from the tax rolls of the county in which the land is located.
Within 30 days of receipt of such petition the board of directors of the district shall call and hold a hearing on the advisability of granting such petition. Notice of such hearing shall be provided in the manner provided by K.S.A. 82a-646, and amendments thereto, by the board of directors. On the date of such hearing, the board shall approve or disapprove such attachment based on its determination of the best interests of the district and the petitioning landowners. If the board does not approve of such attachment, it shall notify the district from which release had been sought, which district shall then declare such release to be void.
(c) If the district to which release is sought approves of the release of such lands and the district to which attachment is sought approves of attachment of such lands, copies of the approval of such action by the boards of directors of each district shall be transmitted to the chief engineer. Copies also shall be filed with the county clerk, who shall note the change of such district's boundaries.
(d) Nothing in this section shall be construed as limiting landowners from using the procedures for attachment or release of property otherwise provided in K.S.A. 82a-622 et seq., and amendments thereto.
History: L. 1999, ch. 161, § 1; L. 2005, ch. 142, § 2; April 21.
A rural water district organized under K.S.A. 82a-612 et seq., and amendments thereto, may provide for any election of the district to be conducted by mail ballot in accordance with the bylaws of the district.
History: L. 2002, ch. 137, § 3; July 1.
(a) The board of directors of any rural water district organized under K.S.A. 82a-612 et seq., and amendments thereto, and the governing body of any municipality which adjoins such district may enter into an agreement for the acquisition of such district's water supply and distribution system by such municipality and the assumption of water service by such municipality to the customers of such district upon the terms of such agreement and the provisions of this act.
(b) Any agreement pursuant to the provisions of this act may provide, but not necessarily be limited to, terms and conditions for:
(1) The transfer to the municipality of control and ownership of the district's water supply and distribution system, including all property, equipment, records, reports and funds;
(2) continued service, at an agreed upon rate, by the municipality to customers served by such system;
(3) assumption of all or part of the revenue bond liability or other outstanding obligations of the district; and
(4) establishment of a policy for connecting new customers to the water supply and distribution system.
(c) An agreement entered into pursuant to this act shall not take effect until:
(1) The board of directors of the rural water district and the governing body of the municipality each adopts a resolution approving such agreement;
(2) a copy of the agreement is filed for public inspection in the office of the county clerk of each county where there is located any portion of the area served by the rural water district;
(3) the board of directors of the rural water district causes notice of the approval of the agreement, the reasons therefor and a copy of the agreement to be mailed to each participating member of the district;
(4) the board of directors causes to be published once in a newspaper or newspapers of general circulation in the areas served by the district's water supply and distribution system notice of the approval of the agreement and the reasons therefor, together with a statement that the proposed agreement shall take effect unless there is presented to the board of directors of the rural water district a petition as provided by subsection (d); and
(5) if a petition is presented as provided by subsection (d), a majority of the participating members of the district approve the agreement as provided by subsection (d).
(d) If, within 60 days after publication of notice pursuant to subsection (c), there is presented to the board of directors of the rural water district board a written petition which is signed by participating members of the rural water district equal in number to not less than 10% of the total number of participating members of the district according to the records of the district and requests an election on whether the agreement shall take effect, the board of directors of the rural water district shall call an election on the approval of such agreement. The election may be held at a meeting called for that purpose or may be by mail ballot, or both. The agreement shall not take effect unless approved by a majority of the participating members voting at the election to approve the agreement. Each participating member shall be entitled to a single vote, regardless of the number of benefit units to which such member has subscribed.
(e) Notwithstanding the provisions of subsections (b) and (c), no agreement made pursuant to this section shall become effective unless prior to entering into such agreement, the rural water district purchases from the municipality the water distributed by such district.
(f) Notwithstanding the provisions of K.S.A. 82a-629, and amendments thereto, a rural water district shall be dissolved whenever the district enters into an agreement pursuant to this section and the agreement provides for:
(1) Total transfer of the district's water supply and distribution district and all other assets of the district;
(2) continuation of water supply and distribution service to all customers of the district;
(3) assumption of all revenue bond liability and all other obligations of the district; and
(4) a policy for connecting new customers to the water supply and distribution system.
History: L. 2003, ch. 78, § 1; April 24.
(a) As used in this section, unless the context clearly requires otherwise:
(1) "Acquired district" means a rural water district organized under K.S.A. 82a-612 et seq., and amendments thereto, that wishes to transfer its assets, liabilities and the area contained within its boundaries to another rural water district organized under K.S.A. 82a-612 et seq., and amendments thereto.
(2) "Acquiring district" means a rural water district organized under K.S.A. 82a-612 et seq., and amendments thereto, that wishes to receive from an acquired district, the acquired district's assets, liabilities and the area contained within the acquired district's boundaries.
(b) The board of directors of an acquiring district and the board of directors of an acquired district may enter into a memorandum of understanding containing, but not necessarily limited to, terms and conditions for:
(1) The transfer to the acquiring district of control and ownership of the acquired district's water supply and distribution system, including all property, equipment, contracts, records, reports and funds;
(2) continued service, at an agreed upon rate, by the acquiring district to customers served by such system;
(3) assumption by the acquiring district of all of the revenue bond liability and other outstanding obligations of the acquired district;
(4) establishment of a policy for connecting new customers to the acquired water distribution system; and
(5) the acquisition by the acquiring district of the area within the acquired district's boundaries.
(c) The terms contained in a memorandum of understanding entered into pursuant to this act shall take effect by operation of law when:
(1) The board of directors of the acquiring district and the board of directors of the acquired district each adopt a resolution approving such terms;
(2) a copy of the memorandum of understanding is filed for public inspection in the office of the county clerk of each county where there is located any portion of the area served by the acquired district;
(3) the board of directors of the acquired district causes notice of the approval of the terms of the memorandum of understanding, the reasons for such approval and a copy of the memorandum of understanding to be mailed to each participating member of the acquired district;
(4) the board of directors of the acquired district causes to be published once in a newspaper or newspapers of general circulation in the areas served by the acquired district's water supply and distribution system notice of the approval of the memorandum of understanding and the reasons for such approval, together with a statement that the terms of the memorandum of understanding shall take effect unless there is presented to the board of directors of the acquired district a petition as provided by subsection (d); and
(5) if a petition is presented as provided by subsection (d), a majority of the participating members of the acquired district approve the memorandum of understanding as provided by subsection (d).
(d) If, within 60 days after publication of notice pursuant to subsection (c), there is presented to the board of directors of the acquired district a written petition which is signed by participating members of the acquired district equal in number to not less than 10% of the total number of participating members of the acquired district according to the records of the acquired district and requests an election on whether the terms of the memorandum of understanding shall take effect, the board of directors of the acquired district shall call an election on the approval of the terms of such memorandum. The election may be held at a meeting called for that purpose or may be by mail ballot. If such an election is held, the terms of the memorandum of understanding shall not take effect unless they are approved by a majority of the participating members voting at the election to approve such terms.
(e) Notwithstanding the provisions of K.S.A. 82a-629, and amendments thereto, an acquired district shall be dissolved whenever that district enters into a memorandum of understanding pursuant to this section, such memorandum shall take effect by operation of law pursuant to this section, and such memorandum provides for:
(1) Total transfer of the acquired district's water supply and distribution system and all other assets of the acquired district;
(2) continuation of water supply and distribution service to all customers of the acquired district;
(3) assumption by an acquiring district of all revenue bond liability and all other obligations of the acquired district;
(4) a policy for connecting new customers to the water supply and distribution system; and
(5) acquisition by an acquiring district of the area within the acquired district's boundaries.
(f) At the time of the effective date of the acquisition, and unless otherwise provided by the memorandum of understanding:
(1) All the property of the acquired district shall be combined and administered as one unit with that of the acquiring district, and the acquiring district shall thereupon be invested with all the property benefits, franchises and privileges of the acquired and acquiring districts and shall have all of the powers of rural water districts;
(2) all revenue bonds, promissory notes or other liabilities theretofore incurred by the acquired district shall be paid in accordance with the terms thereof from revenues and facilities of both the acquired and acquiring districts; and
(3) a copy of the memorandum of understanding and a map showing the boundaries of the consolidated rural water district shall be filed with the chief engineer and the secretary of state.
History: L. 2005, ch. 142, § 1; April 21.
When used in this act, unless the context indicates otherwise, the following words shall have the following meanings:
(a) "Person" shall mean and include a natural person, a partnership, an organization, a corporation, a municipality and any agency of the state or federal government.
(b) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.
(c) "Domestic uses" means the use of water by any person or by a family unit or household for household purposes, or for the watering of livestock, poultry, farm and domestic animals used in operating a farm, and for the irrigation of lands not exceeding a total of two acres in area for the growing of gardens, orchards and lawns.
(d) "Vested right" means the right of a person under a common law or statutory claim to continue the use of water having actually been applied to any beneficial use, including domestic use, on or before June 28, 1945, to the extent of the maximum quantity and rate of diversion for the beneficial use made thereof, and shall include the right to take and use water for beneficial purposes where a person is engaged in the construction of works for the actual application of water to a beneficial use on June 28, 1945, provided such works shall be completed and water is actually applied for such use within a reasonable time thereafter by such person, such person's heirs, successors or assigns. Such a right does not include, however, those common law claims under which a person has not applied water to any beneficial use within the periods of time set out in this subsection.
(e) "Appropriator" means and includes a person who has an appropriation right that has been perfected in conformity with article 7 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto.
(f) "Appropriation right" is a right, acquired under the provisions of article 7 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto, to divert from a definite water supply a specific quantity of water at a specific rate of diversion, provided such water is available in excess of the requirements of all vested rights that relate to such supply and all appropriation rights of earlier date that relate to such supply, and to apply such water to a specific beneficial use or uses in preference to all appropriations right of later date.
(g) "Water right" means any vested right or appropriation right under which a person may lawfully divert and use water. It is a real property right appurtenant to and severable from the land on or in connection with which the water is used and such water right passes as an appurtenance with a conveyance of the land by deed, lease, mortgage, will, or other disposal, or by inheritance.
History: L. 1945, ch. 390, § 1; L. 1957, ch. 539, § 1; L. 1977, ch. 356, § 3; L. 2004, ch. 101, § 141; L. 2009, ch. 65, § 1; July 1.
All water within the state of Kansas is hereby dedicated to the use of the people of the state, subject to the control and regulation of the state in the manner herein prescribed.
History: L. 1945, ch. 390, § 2; June 28.
Except as provided in K.S.A. 82a-703a and subject to vested rights, all waters within the state may be appropriated for beneficial use as herein provided. Nothing contained in this act shall impair the vested right of any person except for nonuse.
History: L. 1945, ch. 390, § 3; L. 1980, ch. 332, § 1; July 1.
Whenever the legislature enacts legislation establishing a minimum desirable streamflow for any watercourse in this state, the chief engineer shall withhold from appropriation that amount of water deemed necessary to establish and maintain for the identified watercourse the desired minimum streamflow.
History: L. 1980, ch. 332, § 2; L. 1984, ch. 379, § 21; L. 1985, ch. 338, § 1; July 1.
(a) In addition to any other limitation or condition prescribed by law or rule and regulation of the chief engineer, it shall be an express condition of each and every appropriation right, except for use of water for domestic purposes, applied for after April 12, 1984, that such right shall be subject to any minimum desirable streamflow requirements identified and established pursuant to law on or before July 1, 1990, for the source of water supply to which such right applies.
(b) All vested rights, water appropriation rights and applications for permits to appropriate water having a priority date on or before April 12, 1984, shall not be subject to any minimum desirable streamflow requirements established pursuant to law.
History: L. 1984, ch. 377, § 1; L. 1987, ch. 402, § 2; July 1.
In accordance with the provisions of K.S.A. 82a-703a, and amendments thereto, the legislature hereby establishes the following minimum desirable streamflows:
| Table—MINIMUM DESIRABLE STREAMFLOWS (cfs) | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Watercourse | Month | | | | | | | | | | | | | | J | F | M | A(a) | M(a) | J(a) | J | A | S | O | N | D | | Marais des Cygnes | | | | | | | | | | | | | | Ottawa | 15 | 15 | 15 | 15(40) | 20(50) | 20(50) | 25 | 25 | 20 | 15 | 15 | 15 | | LaCygne | 20 | 20 | 20 | 20(50) | 20(150) | 25(150) | 25 | 25 | 20 | 20 | 20 | 20 | | Neosho | | | | | | | | | | | | | | Americus | 5 | 5 | 5 | 5 | 5(20) | 5(30) | 5(30) | 5 | 5 | 5 | 5 | 5 | | Iola | 40 | 40 | 40 | 40(60) | 40(200) | 40(200) | 40 | 40 | 40 | 40 | 40 | 40 | | Parsons | 50 | 50 | 50 | 50(100) | 50(300) | 50(300) | 50 | 50 | 50 | 50 | 50 | 50 | | Cottonwood | | | | | | | | | | | | | | Florence | 10 | 10 | 10 | 10 (30) | 10 (60) | 10 (60) | 10 | 10 | 10 | 10 | 10 | 10 | | Plymouth | 20 | 20 | 20 | 20 (60) | 20 (150) | 20 (150) | 20 | 20 | 20 | 20 | 20 | 20 | | Little Arkansas | | | | | | | | | | | | | | Alta Mills | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | | Valley Center | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | | Arkansas River | | | | | | | | | | | | | | Kinsley (b) | 2 | 2 | 3 | 3 | 5 | 5 | 3 | 1 | 1 | 1 | 2 | 2 | | Great Bend (b) | 3 | 3 | 3 | 3 | 10 | 10 | 5 | 3 | 2 | 2 | 2 | 3 | | Hutchinson | 80 | 80 | 100 | 100 | 100 | 100 | 80 | 80 | 60 | 60 | 60 | 80 | | Rattlesnake Creek | | | | | | | | | | | | | | Macksville (b) | 5 | 5 | 10 | 10 | 10 | 10 | 5 | 1 | 1 | 1 | 5 | 5 | | Zenith | 15 | 15 | 15 | 15 | 15 | 15 | 5 | 3 | 3 | 3 | 10 | 15 | | North Fork Ninnescah Above | | | | | | | | | | | | | | Cheney | 40 | 50 | 50 | 50 | 40 | 30 | 10 | 5 | 5 | 10 | 40 | 40 | | South Fork Ninnescah | | | | | | | | | | | | | | Pratt | 10 | 10 | 10 | 8 | 8 | 8 | 5 | 5 | 5 | 5 | 10 | 10 | | Murdock | 80 | 90 | 90 | 90 | 90 | 50 | 30 | 30 | 30 | 50 | 80 | 80 | | Ninnescah | | | | | | | | | | | | | | Peck | 100 | 100 | 100 | 100 | 100 | 70 | 30 | 30 | 30 | 50 | 100 | 100 | | Saline | | | | | | | | | | | | | | Russell | 5 | 5 | 15 | 15 | 15 | 12 | 2 | 2 | 2 | 5 | 5 | 5 | | Smoky Hill | | | | | | | | | | | | | | Ellsworth(c) | 20 | 20 | 25 | 30 | 35 | 45 | 35 | 15 | 15 | 15 | 20 | 20 | | Medicine Lodge | | | | | | | | | | | | | | Kiowa | 50 | 55 | 60 | 60 | 40 | 30 | 6 | 1 | 1 | 4 | 40 | 50 | | Chikaskia | | | | | | | | | | | | | | Corbin | 30 | 45 | 50 | 45 | 40 | 30 | 16 | 5 | 5 | 8 | 30 | 30 | | Big Blue | | | | | | | | | | | | | | Marysville | 100 | 100 | 125 | 150 | 150 (d) | 150 (d) | 80 | 90 | 65 | 80 | 80 | 80 | | Little Blue | | | | | | | | | | | | | | Barnes | 100 | 100 | 125 | 150 | 150 (d) | 150 (d) | 75 | 80 | 60 | 80 | 80 | 80 | | Republican | | | | | | | | | | | | | | Concordia (e) | 100 | 125 | 150 | 150 | 150 | 150 | 150 | 150 | 80 | 65 | 80 | 100 | | Clay Center | 125 | 150 | 200 | 250 | 250 | 250 | 200 | 200 | 100 | 90 | 100 | 125 | | Mill Creek | | | | | | | | | | | | | | Paxico | 8 | 8 | 8 | 25 | 30 | 35 | 10 | 5 | 5 | 2 | 5 | 8 | | Delaware | | | | | | | | | | | | | | Muscotah | 10 | 10 | 20 | 20 | 20 | 20 | 5 | 3 | 3 | 2 | 10 | 10 | | Walnut River | | | | | | | | | | | | | | Winfield | 30 | 35 | 40 | 65 | 100 | 100 | 30 | 25 | 20 | 20 | 20 | 30 | | Whitewater River | | | | | | | | | | | | | | Towanda | 10 | 15 | 15 | 20 | 25 | 25 | 10 | 5 | 5 | 5 | 6 | 10 | | Spring River | | | | | | | | | | | | | | Baxter Springs (f) | 175 | 200 | 250 | 300 | 450 | 350 | 200 | 160 | 120 | 120 | 150 | 175 | | Chapman Creek | | | | | | | | | | | | | | Chapman | 10 | 15 | 15 | 15 | 15 | 15 | 10 | 10 | 10 | 10 | 10 | 10 | | Solomon River | | | | | | | | | | | | | | Niles | 40 | 50 | 60 | 60 | 90 | 90 | 50 | 50 | 40 | 40 | 40 | 40 |
(a) Spawning flows to be managed if reservoirs in flood pool; otherwise use lower flows.
(b) Subject to subsequent assessment of lagged effects of extensive groundwater appropriations in regional aquifer.
(c) Subject to subsequent assessment of lagged effects of upstream depletions.
(d) Subject to the stateline flows contained in the Blue River Compact.
(e) Subject to subsequent assessment of Harlan County reservoir operations, development of compact stateline flows and lagged effects of upstream depletions.
(f) Flows measured at Quapah, Oklahoma; may need review if a new station is established.
History: L. 1985, ch. 338, § 2; L. 1987, ch. 402, § 1; L. 1989, ch. 309, § 1; April 13.
History: L. 1945, ch. 390, § 4; L. 1957, ch. 539, § 6; Repealed, L. 1978, ch. 434, § 4; July 1.
(a) All persons claiming a vested right for the beneficial use of water, other than for domestic use, which has not been determined pursuant to K.S.A. 82a-704, shall file by July 1, 1980, with the chief engineer a verified claim for such vested right. The chief engineer shall not accept any such claim after said date. Such verified claim shall be upon forms provided therefor by the chief engineer and shall set forth:
(1) The name and post-office address of the claimant;
(2) the source to which the claim relates;
(3) the amount of water claimed;
(4) the location of the works for the diversion and use of the claimed water;
(5) the dates of the beneficial use made; and
(6) any additional information the chief engineer may require.
(b) Upon receipt of a verified claim for a vested right for the beneficial use of water, the chief engineer shall investigate the same and shall conduct a hearing thereon. Such hearing shall be noticed by restricted mail to the claimant and to other known interested persons within a five (5) mile radius of the point of diversion of such claimed vested right at least thirty (30) days prior to the date set for the hearing. Notice shall also be given by publication in a newspaper of general circulation in the county wherein the vested right is claimed to exist at least once each week for three (3) consecutive weeks prior to the hearing. Such published notice shall contain the date and place of hearing and a general description of the area affected by the claimed vested right and shall be directed to all persons interested and concerned. At the hearing, the chief engineer shall take evidence of all persons interested and concerned and the same shall be considered in the determination of the existence of a vested right for beneficial use of water. As soon as possible thereafter the chief engineer shall make an order determining the existence or nonexistence of the claimed vested right and shall notify the claimant and contestants thereof as to the contents of such order. Service of such notice shall be deemed complete upon depositing such notice in the post office as restricted mail addressed to the vested right claimant and any contestant thereto whose address is known to the chief engineer, and upon the publication of an abstract of such order once each week for three (3) consecutive weeks in a newspaper of general circulation in the county wherein the vested right is claimed to exist.
(c) Any claimant of a vested right or person contesting the same who considers himself or herself aggrieved by the order of determination of a vested right may appeal to the district court in the manner prescribed by K.S.A. 82a-724.
(d) The order of determination of a vested right of the chief engineer shall be in full force and effect from the date of its entry in the records of his or her office unless and until its operation shall be stayed by an appeal therefrom by the claimant thereof or a contestant thereto in accordance with the provisions of K.S.A. 82a-724 except that no such determination shall be deemed an adjudication of the relation between any vested right holders with respect to the operation or exercise of their vested rights.
(e) The chief engineer shall file a copy of any order of determination of the existence of a vested right with the register of deeds of the county wherein the land is located to which such vested right is appurtenant. The register of deeds shall record the same as other instruments affecting real estate.
(f) No vested right for the beneficial use of water, other than for domestic use, shall be deemed to exist from and after July 1, 1980, unless the same has been determined to exist pursuant to the provisions of this act or pursuant to the provisions of K.S.A. 82a-704.
History: L. 1978, ch. 434, § 1; July 1.
The chief engineer shall provide notice throughout the state of the provisions of this act by means assuring the widest dissemination thereof as practicable.
History: L. 1978, ch. 434, § 2; July 1.
The provisions of K.S.A. 82a-704a shall be a part of and supplemental to the Kansas water appropriation act.
History: L. 1978, ch. 434, § 3; July 1.
No person shall have the power or authority to acquire a new appropriation right to the use of water for other than domestic use without first obtaining the approval of the chief engineer, and no water rights of any kind may be acquired hereafter solely by adverse use, adverse possession, or by estoppel.
History: L. 1945, ch. 390, § 5; L. 1957, ch. 539, § 7; L. 2009, ch. 65, § 2; July 1.
The use of water for domestic purposes instituted subsequently to June 28, 1945, to the extent that it is beneficial, shall constitute an appropriation right. The chief engineer, however, may require any person using water for any purpose to furnish information with regard to such use thereof.
History: L. 1957, ch. 539, § 2; June 29.
The chief engineer shall enforce and administer the laws of this state pertaining to the beneficial use of water and shall control, conserve, regulate, allot and aid in the distribution of the water resources of the state for the benefits and beneficial uses of all of its inhabitants in accordance with the rights of priority of appropriation.
History: L. 1945, ch. 390, § 6; L. 1957, ch. 539, § 8; June 29.
The chief engineer shall adopt, amend, promulgate, and enforce such reasonable rules, regulations, and standards necessary for the discharge of his or her duties and for the achievement of the purposes of this act pertaining to the control, conservation, regulation, allotment, and distribution of the water resources of the state.
History: L. 1957, ch. 539, § 9; L. 1977, ch. 356, § 4; January 1, 1978.
(a) It shall be unlawful for any person to prevent, by diversion or otherwise, any waters of this state from moving to a person having a prior right to use the same, or for any person without an agreement with the state of Kansas to divert or take any water that has been released from storage under authority of water reservation rights held by the state of Kansas. Upon making a determination of an unlawful diversion, the chief engineer or the chief engineer's authorized agents, shall, as may be necessary to secure water to the person having the prior right to its use, or to secure water for the purpose for which it was released from storage under authority of the state of Kansas or water reservation rights held by the state of Kansas:
(1) Direct that the headgates, valves or other controlling works of any ditch, canal, conduit, pipe, well or structure be opened, closed, adjusted or regulated; or
(2) within the rattlesnake creek subbasin located in hydrologic unit code 11030009, allow augmentation for the replacement in time, location and quantity of the unlawful diversion, if such replacement is available and offered voluntarily.
(b) The chief engineer, or the chief engineer's authorized agents, shall deliver a copy of such a directive to the persons involved either personally or by mail or by attaching a copy to such headgates, valves or other controlling works to which it applies and such directive shall be legal notice to all persons involved in the diversion and distribution of the water of the ditch, canal, conduit, pipe, well or structure. For the purpose of making investigations of diversions and delivering directives as provided herein and determining compliance therewith, the chief engineer or the chief engineer's authorized agents shall have the right of access and entry upon private property.
History: L. 1957, ch. 539, § 10; L. 1965, ch. 557, § 1; L. 2015, ch. 60, § 1; July 1.
The chief engineer shall have full authority to require any water user to install meters, gages, or other measuring devices, which devices he or she or his or her agents may read at any time, and to require any water user to report the reading of such meters, gages, or other measuring devices at reasonable intervals. He or she shall have full authority to make, and to require any water user to make, periodic water waste and water quality checks and to require the user making such checks to report the findings thereof.
History: L. 1957, ch. 539, § 11; June 29.
Upon request of the chief engineer the attorney general shall bring suit in the name of the state of Kansas, in courts of competent jurisdiction to enjoin the unlawful appropriation, diversion, use of the waters of the state, and waste or loss thereof.
History: L. 1957, ch. 539, § 12; June 29.
The chief engineer, subject to the approval of the secretary of agriculture, may establish field offices within this state to secure the best protection to all claimants of water therein and the most economical supervision thereof. Subject to the approval of the secretary of agriculture, the chief engineer may appoint a water commissioner for each field office so established, in accordance with the Kansas civil service laws, who shall be the agent of the chief engineer in supervising the distribution of waters within the area served by such field office, according to the rights and priorities of all parties concerned, and who shall perform such other duties as the chief engineer may direct.
History: L. 1957, ch. 539, § 13; L. 2004, ch. 101, § 142; July 1.
(a) Surface or groundwaters of the state may be appropriated as herein provided. Such appropriation shall not constitute ownership of such water, and appropriation rights shall remain subject to the principle of beneficial use.
(b) The date of priority of every water right of every kind, and not the purpose of use, determines the right to divert and use water at any time when the supply is not sufficient to satisfy all water rights. Where lawful uses of water have the same date of priority, such uses shall have priority in the following order of preference: Domestic, municipal, irrigation, industrial, recreational and water power uses. The holder of a water right for an inferior beneficial use of water shall not be deprived of the use of the water either temporarily or permanently as long as such holder is making proper use of it under the terms and conditions of such holder's water right and the laws of this state, other than through condemnation.
(c) As between persons with appropriation rights, the first in time is the first in right. The priority of the appropriation right to use water for any beneficial purpose except domestic purposes shall date from the time of the filing of the application therefor in the office of the chief engineer. The priority of the appropriation right to use water for domestic purposes shall date from the time of the filing of the application therefor in the office of the chief engineer or from the time the user makes actual use of water for domestic purposes, whichever is earlier.
(d) Any water right returned to the state under the provisions of K.S.A. 2-1915, and amendments thereto, shall be placed in the custodial care of the state. While in the custodial care of the state, the priority of the water right shall remain in effect and water available under the terms and conditions of the water right shall not be considered available for further appropriation. Any surface water right held in the custodial care of the state shall neither directly benefit nor impair any other surface water right within the stream reach designated for recovery. Any water right donated to the state shall be placed in the custodial care of the state or retired at the discretion of the chief engineer.
(e) Appropriation rights in excess of the reasonable needs of the appropriators shall not be allowed.
History: L. 1917, ch. 172, § 6; R.S. 1923, 24-903; L. 1945, ch. 390, § 7; L. 1957, ch. 539, § 14; L. 1988, ch. 396, § 3; L. 2009, ch. 65, § 3; July 1.
History: L. 1945, ch. 390, § 8; Repealed, L. 1957, ch. 539, § 26; June 29.
(a) Any person may apply for a permit to appropriate water to a beneficial use, notwithstanding that the application pertains to the use of water by another, or upon or in connection with the lands of another. Any rights to the beneficial use of water perfected under such application shall attach to the lands on or in connection with which the water is used and shall remain subject to the control of the owners of the lands as in other cases provided by law.
(b) Except as otherwise provided in subsections (d), (e) and (f), each application for a permit to appropriate water, except applications for permits for domestic use, shall be accompanied by an application fee fixed by this section for the appropriate category of acre feet in accordance with the following:
On and after July 1, 2028, the application fee shall be fixed by this section for the appropriate category of acre feet in accordance with the following:
The chief engineer shall render a decision on such permit applications within 150 days of receiving a complete application except when the application cannot be processed due to the standards established in K.A.R. 5-3-4c. Upon failure to render a decision within 180 days of receipt of a complete application, the application fee is subject to refund upon request.
(c) Except as otherwise provided in subsections (d), (e) and (f), each application for a permit to appropriate water for storage, except applications for permits for domestic use, shall be accompanied by an application fee fixed by this section for the appropriate category of storage-acre feet in accordance with the following:
On and after July 1, 2028, the application fee shall be fixed by this section for the appropriate category of storage-acre feet in accordance with the following:
The chief engineer shall render a decision on such permit applications within 150 days of receiving a complete application except when the application cannot be processed due to the standards established in K.A.R. 5-3-4c. Upon failure to render a decision within 180 days of receipt of a complete application, the application fee is subject to refund upon request.
(d) Each application for a term permit pursuant to K.S.A. 82a-736, and amendments thereto, shall be accompanied by an application fee established by rules and regulations of the chief engineer in an amount not to exceed $400 for the five-year period covered by the permit.
(e) For any application for a permit to appropriate water, except applications for permits for domestic use, that proposes to appropriate by both direct flow and storage, the fee charged shall be the fee under subsection (b) or subsection (c), whichever is larger, but not both fees.
(f) Each application for a permit to appropriate water for water power or dewatering purposes shall be accompanied by an application fee of $100 plus $200 for each 100 cubic feet per second, or part thereof, of the diversion rate requested in the application for the proposed project.
(g) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
History: L. 1957, ch. 539, § 3; L. 1973, ch. 414, § 1; L. 1982, ch. 4, § 17; L. 1985, ch. 339, § 1; L. 1989, ch. 310, § 1; L. 2001, ch. 160, § 17; L. 2002, ch. 181, § 21; L. 2004, ch. 85, § 16; L. 2009, ch. 51, § 2; L. 2014, ch. 133, § 9; L. 2017, ch. 86, § 13; L. 2022, ch. 9, § 9; July 1.
(a) (1) Any owner of a water right may change the place of use, the point of diversion or the use made of the water, without losing priority of right, provided such owner shall:
(A) Apply in writing to the chief engineer for approval of any proposed change;
(B) demonstrate to the chief engineer that any proposed change is reasonable and will not impair existing rights;
(C) demonstrate to the chief engineer that any proposed change relates to the same local source of supply as that to which the water right relates; and
(D) receive the approval of the chief engineer with respect to any proposed change.
(2) The chief engineer shall approve or reject the application for change in accordance with the provisions and procedures prescribed for processing original applications for permission to appropriate water.
(3) If the chief engineer disapproves the application for change, the rights, priorities and duties of the applicant shall remain unchanged.
(4) Any person aggrieved by an order or decision by the chief engineer relating to an application for change may petition for review thereof in accordance with the provisions of K.S.A. 82a-1901, and amendments thereto.
(b) Each application to change the place of use, the point of diversion or the use made of the water under this section shall be accompanied by the application fee set forth in the schedule below:
On and after July 1, 2028, the application fee shall be set forth in the schedule below:
The chief engineer shall render a decision on such permit applications within 150 days of receiving a complete application except when the application cannot be processed due to the standards established in K.A.R. 5-3-4c. Upon failure to render a decision within 180 days of receipt of a complete application, the application fee is subject to refund upon request.
(c) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
History: L. 1957, ch. 539, § 4; L. 1982, ch. 4, § 18; L. 1985, ch. 339, § 2; L. 1990, ch. 361, § 1; L. 1999, ch. 130, § 4; L. 2002, ch. 181, § 22; L. 2004, ch. 85, § 17; L. 2009, ch. 51, § 3; L. 2014, ch. 133, § 10; L. 2017, ch. 86, § 14; L. 2022, ch. 9, § 10; July 1.
(a) A term permit is a permit to appropriate water for a limited specified period of time in excess of six months. At the end of the specified time, or any authorized extension approved by the chief engineer, the permit shall be automatically dismissed, and any priority it may have had shall be forfeited. No water right shall be perfected pursuant to a term permit.
(b) Each application for a term permit to appropriate water shall be made on a form prescribed by the chief engineer and shall be accompanied by an application fee fixed by this section for the appropriate category of acre feet in accordance with the following:
On and after July 1, 2028, the application fee shall be set forth in the schedule below:
The chief engineer shall render a decision on such term permit applications within 150 days of receiving a complete application except when the application cannot be processed due to the standards established in K.A.R. 5-3-4c. Upon failure to render a decision within 180 days of receipt of a complete application, the application fee is subject to refund upon request.
(c) Each application for a term permit to appropriate water for storage, except applications for permits for domestic use, shall be accompanied by an application fee fixed by this section for the appropriate category of storage-acre feet in accordance with the following:
On and after July 1, 2028, the application fee shall be set forth in the schedule below:
The chief engineer shall render a decision on such term permit applications within 150 days of receiving a complete application except when the application cannot be processed due to the standards established in K.A.R. 5-3-4c. Upon failure to render a decision within 180 days of receipt of a complete application, the application fee is subject to refund upon request.
(d) Each application for a term permit pursuant to K.S.A. 82a-736, and amendments thereto, shall be accompanied by an application fee established by rules and regulations adopted by the chief engineer in an amount not to exceed $400 for the five-year period covered by the permit.
(e) Notwithstanding the provisions of K.S.A. 82a-714, and amendments thereto, the applicant is not required to file a notice of completion of diversion works nor pay a field inspection fee. The chief engineer shall not conduct a field inspection of the diversion works required by statute for purposes of certification nor issue a certificate of appropriation for a term permit.
(f) A request to extend the term of a term permit in accordance with the rules and regulations adopted by the chief engineer shall be accompanied by the same filing fee applicable to other requests for extensions of time as set forth in K.S.A. 82a-714, and amendments thereto.
(g) An application to change the place of use, point of diversion, use made of water, or any combination thereof, pursuant to K.S.A. 82a-708b, and amendments thereto, shall not be approved for a term permit, except as provided in K.S.A. 82a-736, and amendments thereto.
(h) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section.
History: L. 2009, ch. 51, § 1; L. 2014, ch. 133, § 11; L. 2015, ch. 60, § 2; L. 2016, ch. 23, § 1; L. 2017, ch. 86, § 15; L. 2022, ch. 9, § 11; July 1.
No person may acquire a new appropriation right to the use of waters of the state for other than domestic purposes without making an application to the chief engineer for a permit to make such appropriation. However, any person using water for domestic purposes subsequent to June 28, 1945, and any person intending to use water hereafter for domestic purposes may make application to the chief engineer for a permit the same as any other person. The application shall set forth: (a) The name and post-office address of the applicant;
(b) the source from which said appropriation shall be made;
(c) the maximum rate at which water is to be diverted or used and the total annual quantity of water sought;
(d) the location of the works or proposed works for the diversion and use of the water;
(e) the estimated time for the completion of any proposed works;
(f) the time of the first actual application of the water to the beneficial use involved, if there was such, and the estimated time for the first actual application of the water for the beneficial use proposed;
(g) sworn statement or evidence of legal access to or control of the point of diversion from the landowner, or the landowner's authorized representative;
(h) if for irrigation use, a description of the land to be irrigated by designating the number of irrigable acres in each forty (40) acre tract or fractional portion thereof;
(i) if for municipal water supply, it shall give the present population to be served and estimated future requirements of the city;
(j) any additional factors which may be required by the chief engineer.
Such application shall be filed and approved before the commencement of any work in connection with the construction, enlargement or extension of any works for the diversion, storage, and use of water.
History: L. 1945, ch. 390, § 9; L. 1957, ch. 539, § 15; L. 1977, ch. 356, § 5; L. 2009, ch. 65, § 4; July 1.
Upon receipt of the application it shall be the duty of the chief engineer to endorse thereon the date of its receipt and assign a number to the same. If upon examination the application is found to be defective, inadequate or insufficient to enable such official to determine the nature and amount of the proposed appropriation, it shall be returned for correction or completion or for other required information. No application shall lose its priority of filing on account of such defects, provided acceptable data, proofs, maps, plats, plans and drawings are filed in the office of the chief engineer within thirty days following the date of the posting of the return of such application or such further time not exceeding one year as may be given by the chief engineer.
All maps, plats, plans and drawings shall conform to prescribed uniform standard as to materials, size, coloring and scale, and shall show: (a) The source from which the proposed appropriation is to be taken, (b) all proposed dams, dikes, reservoirs, canals, pipe lines, power houses and other structures for the purpose of storing, conveying or using water for the purpose approved and their positions or courses in connection with the boundary lines and corners of the lands which they occupy. Land listed for irrigation shall be shown in government subdivisions or fractions thereof. Default in the refiling of any application within the time limit specified shall constitute a forfeiture of priority date and the dismissal of the application.
History: L. 1945, ch. 390, § 10; June 28.
(a) If a proposed use neither impairs a use under an existing water right nor prejudicially and unreasonably affects the public interest, the chief engineer shall approve all applications for such use made in good faith in proper form which contemplate the utilization of water for beneficial purpose, within reasonable limitations except that the chief engineer shall not approve any application submitted for the proposed use of fresh water in any case where other waters are available for such proposed use and the use thereof is technologically and economically feasible. Otherwise, the chief engineer shall make an order rejecting such application or requiring its modification to conform to the public interest to the end that the highest public benefit and maximum economical development may result from the use of such water.
(b) In ascertaining whether a proposed use will prejudicially and unreasonably affect the public interest, the chief engineer shall take into consideration:
(1) Established minimum desirable streamflow requirements;
(2) the area, safe yield and recharge rate of the appropriate water supply;
(3) the priority of existing claims of all persons to use the water of the appropriate water supply;
(4) the amount of each claim to use water from the appropriate water supply; and
(5) all other matters pertaining to such question.
(c) With regard to whether a proposed use will impair a use under an existing water right, impairment shall include the unreasonable raising or lowering of the static water level or the unreasonable increase or decrease of the streamflow or the unreasonable deterioration of the water quality at the water user's point of diversion beyond a reasonable economic limit. Any person aggrieved by any order or decision by the chief engineer relating to that person's application for a permit to appropriate water may petition for review thereof in accordance with the provisions of K.S.A. 82a-1901, and amendments thereto.
History: L. 1945, ch. 390, § 11; L. 1957, ch. 539, § 16; L. 1977, ch. 356, § 6; L. 1980, ch. 332, § 3; L. 1986, ch. 392, § 3; L. 1991, ch. 292, § 3; L. 1999, ch. 130, § 5; July 1.
It shall be an express condition of each appropriation of surface or ground water that the right of the appropriator shall relate to a specific quantity of water and that such right must allow for a reasonable raising or lowering of the static water level and for the reasonable increase or decrease of the streamflow at the appropriator's point of diversion: Provided, That in determining such reasonable raising or lowering of the static water level in a particular area, the chief engineer shall consider the economics of diverting or pumping water for the water uses involved; and nothing herein shall be construed to prevent the granting of permits to applicants later in time on the ground that the diversions under such proposed later appropriations may cause the water level to be raised or lowered at the point of diversion of a prior appropriator, so long as the rights of holders of existing water rights can be satisfied under such express conditions.
History: L. 1957, ch. 539, § 17; June 29.
The chief engineer shall notify the applicant of the approval or disapproval of the application. Upon approving the application the chief engineer shall authorize the applicant to proceed with the construction of the proposed diversion works and to proceed with all steps necessary for the application of the water to the approved and proposed beneficial use and otherwise perfect his or her proposed appropriation. The chief engineer may approve an application for a smaller amount of water than requested and he or she may approve an application upon such terms, conditions, and limitations as he or she shall deem necessary for the protection of the public interest. The approval of the application by the chief engineer, subject to the terms and conditions thereof, upon issuance, constitutes a permit to proceed with construction of diversion or other authorized works and with the diversion and use of water in accordance with the terms and conditions of his or her permit and no common-law claimant without a vested right, or other person without a vested right, a prior appropriation right, or an earlier permit shall prevent, restrain, or enjoin an applicant from proceeding in accordance with the terms and conditions of his or her permit or from diminishing the water supply.
History: L. 1945, ch. 390, § 12; L. 1957, ch. 539, § 18; June 29.
The chief engineer shall limit the time for the perfecting of an appropriation to a reasonable period within which the proposed works can be completed by expeditious procedure, and he or she shall for good cause shown by the applicant allow an extension of time.
History: L. 1945, ch. 390, § 13; June 28.
(a) Upon the completion of the construction of the works and the actual application of water to the proposed beneficial use within the time allowed, the applicant shall notify the chief engineer to that effect. The chief engineer or the chief engineer's duly authorized representative shall then examine and inspect the appropriation diversion works and, if it is determined that the appropriation diversion works have been completed and the appropriation right perfected in conformity with the approved application and plans, the chief engineer shall issue a certificate of appropriation in duplicate. The original of such certificate shall be sent to the owner and shall be recorded with the register of deeds in the county or counties wherein the point of diversion is located, as are other instruments affecting real estate, and the duplicate shall be made a matter of record in the office of the chief engineer.
(b) Not later than 60 days before the expiration of the time allowed in the permit to complete the construction of the appropriation diversion works or the time allowed in the permit to actually apply water to the proposed beneficial use, the chief engineer shall notify the permit holder by certified mail that any request for extension of such time must be filed with the chief engineer before the expiration of the time allowed in the permit.
(c) Unless the applicant requests an extension or the certificate has not been issued due to the applicant's failure to comply with reasonable requests for information or to allow the opportunity to examine and inspect the appropriation diversion works, as necessary for certification, the chief engineer shall certify an appropriation:
(1) Before July 1, 2004, if the time allowed in the permit to perfect the water right expired before July 1, 1999, except in those cases in which abandonment proceedings pursuant to K.S.A. 82a-718, and amendments thereto, are pending on July 1, 2004;
(2) before July 1, 2006, in such cases in which an abandonment proceeding was pending pursuant to K.S.A. 82a-718, and amendments thereto, on July 1, 2004; or
(3) not later than five years after the date the applicant notifies the chief engineer of the completion of construction of the works and the actual application of water to the proposed beneficial use within the time allowed, in all other cases.
If the chief engineer fails to issue a certificate within the time provided by this subsection, the applicant may request review, pursuant to K.S.A. 82a-1901, and amendments thereto, of the chief engineer's failure to act.
(d) Except for works constructed to appropriate water for domestic use, each notification to the chief engineer under subsection (a) shall be accompanied by a field inspection fee of $400, or on and after July 1, 2028, a fee of $200, except that for applications filed on or after July 1, 2009, for works constructed for sediment control use and for evaporation from a groundwater pit for industrial use shall be accompanied by a field inspection fee of $200. Failure to pay the field inspection fee, after reasonable notice by the chief engineer of such failure, shall result in the permit to appropriate water being revoked, forfeiture of the priority date and revocation of any appropriation right that may exist.
(e) A request for an extension of time to: (1) Complete the diversion works; or (2) perfect the water right, shall be accompanied by a fee of $50, or commencing July 1, 2002, and ending June 30, 2028, a fee of $100.
(f) A request to reinstate a water right or a permit to appropriate water that has been dismissed shall be filed with the chief engineer within 60 days of the date dismissed and shall be accompanied by a fee of $100, or commencing July 1, 2002, and ending June 30, 2028, a fee of $200.
(g) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
History: L. 1945, ch. 390, § 14; L. 1957, ch. 539, § 20; L. 1985, ch. 339, § 3; L. 1990, ch. 362, § 1; L. 1999, ch. 130, § 6; L. 2002, ch. 181, § 23; L. 2004, ch. 165, § 2; L. 2009, ch. 51, § 4; L. 2014, ch. 133, § 12; L. 2017, ch. 86, § 16; L. 2022, ch. 9, § 12; July 1.
History: L. 1945, ch. 390, § 14; L. 1957, ch. 539, § 20; L. 1985, ch. 339, § 3; L. 1990, ch. 362, § 1; L. 1999, ch. 130, § 6; L. 2002, ch. 181, § 23; L. 2004, ch. 85, § 18; Repealed, L. 2005, ch. 186, § 22; May 12.
All applications for the appropriation of water to beneficial use as filed with the chief engineer, subsequent to May 5, 1941, and all processing, proceedings and certificates pertaining thereto are validated to same extent as if filed after the effective date of this act, but with priorities as of the dates of filing of applications. All subsequent processing of such applications as are still pending and undetermined shall be further considered and processed as provided in this act.
History: L. 1945, ch. 390, § 15; June 28.
If any appropriation, or the construction and operation of authorized diversion works results in an injury to any common-law claimant, such person shall be entitled to due compensation in a suitable action at law against the appropriator for damages proved for any property taken. Any person with a valid water right or permit to divert and use water may, after first exhausting the remedies available under K.S.A. 82a-717a, and amendments thereto, restrain or enjoin in any court of competent jurisdiction a subsequent diversion by a common-law claimant without vested rights without first condemning those common-law rights. After first exhausting the remedies available under K.S.A. 82a-717a, and amendments thereto, an appropriator shall have the right to injunctive relief to protect his or her prior right of beneficial use as against use by an appropriator with a later priority of right.
History: L. 1945, ch. 390, § 16; L. 1957, ch. 539, § 21; L. 2017, ch. 55, § 1; July 1.
History: L. 1945, ch. 390, § 17; Repealed, L. 1957, ch. 539, § 26; June 29.
(a) No common-law claimant without a vested right, or other person without a vested right, a prior appropriation right, or an earlier permit shall divert or threaten to divert water if such diversion or threatened diversion impairs or would impair any vested right, appropriation right, or right under a permit to appropriate water. But any common-law claimant with a vested right, or other person with a vested right, a prior appropriation right, or an earlier permit may divert water in accordance with any such right or permit although such diversion or use thereunder conflicts with the diversion, use, proposed diversion, or proposed use made or proposed by a common-law claimant who does not have a vested right, or other person who does not have a vested right, a prior appropriation right or an earlier permit.
(b) (1) Any common-law claimant with a vested right, or other person with a vested right, a prior appropriation right, or an earlier permit may, in accordance with this subsection, obtain an order from the chief engineer that limits, curtails or prevents any diversion or proposed diversion that impairs or would impair such right in the event that any such diversion or proposed diversion is made or is threatened to be made by any common-law claimant, or other person who does not have a vested right, a prior appropriation right, or an earlier permit.
(2) Any common-law claimant with a vested right, or other person with a vested right, a prior appropriation right, or an earlier permit who claims impairment of such right by any other person without a prior right to the same water shall submit a complaint to the chief engineer in accordance with rules and regulations of the chief engineer.
(A) Within two weeks of receiving a complaint of impairment, the chief engineer shall initiate an investigation of such complaint and provide notice of such investigation to the complainant and the allegedly impairing party or parties. As part of the investigation, the chief engineer shall provide an opportunity for the parties to submit any relevant information, including submission of an engineering study that meets standards designated by the chief engineer through rules and regulations.
(B) Following the investigation, the chief engineer may issue an order, consistent with K.S.A. 82a-706b, and amendments thereto, and rules and regulations of the chief engineer, that limits, curtails or prevents the diversion and use of water by any person without a prior right to the same water or that otherwise disposes of the complaint.
(C) The chief engineer shall complete any investigation initiated pursuant to this subsection within 12 months of the date the complaint was submitted to the chief engineer, provided that the chief engineer may extend the investigation for good cause by notifying the parties in writing of the amount of time needed to complete the investigation.
(3) Concurrent with submission of a complaint under paragraph (2), or during the pendency of the chief engineer's investigation pursuant to the complaint, the complainant may petition the chief engineer to issue a temporary order, to be effective until a final order is issued under paragraph (2)(B), that limits, curtails or prevents the diversion and use of water by any person without a prior right to the same water upon a finding by the chief engineer that a substantial likelihood exists that impairment is occurring or will occur and that an order limiting, curtailing or preventing diversion and use of water by any person without a prior right to the same water would not be adverse to the public interest.
(4) Any order issued by the chief engineer pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
History: L. 1957, ch. 539, § 19; L. 2017, ch. 55, § 2; July 1.
(a) All appropriations of water must be for some beneficial purpose. Every water right of every kind shall be deemed abandoned and shall terminate when without due and sufficient cause no lawful, beneficial use is henceforth made of water under such right for five successive years. Before any water right shall be declared abandoned and terminated the chief engineer shall conduct a hearing thereon. Notice shall be served on the user at least 30 days before the date of the hearing. The determination of the chief engineer pursuant to this section shall be subject to review in accordance with the provisions of K.S.A. 82a-1901, and amendments thereto.
The verified report of the chief engineer or such engineer's authorized representative shall be prima facie evidence of the abandonment and termination of any water right.
(b) Except as provided in subsection (e), when no lawful, beneficial use of water under a water right has been reported for three successive years, the chief engineer shall notify the user, by certified mail, return receipt requested, that: (1) No lawful, beneficial use of the water has been reported for three successive years; (2) if no lawful, beneficial use is made of the water for five successive years, the right may be terminated; and (3) the right will not be terminated if the user shows that for one or more of the five consecutive years the beneficial use of the water was prevented or made unnecessary by circumstances that are due and sufficient cause for nonuse, which circumstances shall be included in the notice.
(c) The provisions of subsection (a) shall not apply to a water right that has not been declared abandoned and terminated before the effective date of this act if the five years of successive nonuse occurred exclusively and entirely before January 1, 1990. However, the provisions of subsection (a) shall apply if the period of five successive years of nonuse began before January 1, 1990, and continued after that date.
(d) Notwithstanding the provisions of subsection (a), an eligible water right enrolled in and continually in compliance with the water rights conservation program, pursuant to K.S.A. 82a-741, and amendments thereto, shall be deemed to have due and sufficient cause for nonuse and shall not be deemed abandoned.
(e) Notwithstanding the provisions of subsection (a), a groundwater right, which has as its local supply an aquifer area that has been closed to new appropriations by rule, regulation or order of the chief engineer shall be deemed to have due and sufficient cause for nonuse and shall not be deemed abandoned.
History: L. 1945, ch. 390, § 19; L. 1957, ch. 539, § 23; L. 1988, ch. 356, § 350; L. 1999, ch. 122, § 1; L. 1999, ch. 149, § 13; L. 2010, ch. 59, § 1; L. 2011, ch. 89, § 26; L. 2012, ch. 6, § 1; July 1.
Whenever the rights for the use of waters of the state shall have been adjudicated by any court, the division of water resources with the aid of its chief engineer and other officers and employees, shall aid in the distribution of such water according to such decree and shall distribute the water among the several ditches or water users pursuant to the decree; and shall have the power to open, close or adjust the headgates and regulate the controlling works of any ditch or structure, or cause the same to be opened, closed, adjusted and regulated so as to make a distribution of the water in conformity with the decree.
History: L. 1933, ch. 206, § 2; L. 1945, ch. 390, § 20; June 28.
The clerk of any court of this state in which a decree shall be made fixing the rights pertaining to ditches or water users to water, shall within ten days after such decree shall have been entered, forward to the chief engineer of the division of water resources, by registered mail, a certified copy of such decree.
History: L. 1933, ch. 206, § 4; L. 1945, ch. 390, § 21; June 28.
This act shall be construed liberally to effectuate the purposes hereof, and the enumeration of specific powers in this act shall not operate to restrict the meaning of any general grant of power contained in this act or to exclude other powers comprehended in such general grant.
History: L. 1945, ch. 390, § 23; June 28.
Nothing in this act shall be construed as limiting any right of an owner of an estate or interest in or concerning land to recover damage for any injury done to his or her land or to any water rights appurtenant thereto.
History: L. 1957, ch. 539, § 22; June 29.
If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered, and it shall be presumed that the legislature would have enacted this law with the section, subsection or clause held to be invalid, omitted.
History: L. 1945, ch. 390, § 24; June 28.
History: L. 1955, ch. 449, § 1; Repealed, L. 1957, ch. 539, § 26; June 29.
Any order pursuant to K.S.A. 82a-1901, and amendments thereto, upon review of any action of the chief engineer pursuant to K.S.A. 82a-704a, 82a-708b, 82a-711 or 82a-718, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.
History: L. 1957, ch. 539, § 24; L. 1978, ch. 435, § 1; L. 1986, ch. 318, § 143; L. 1999, ch. 130, § 8; L. 2010, ch. 17, § 212; July 1.
In any suit to which the state is not a proper party brought in any court of competent jurisdiction in this state for determination of rights to water, the court may order a reference to the division of water resources or its chief engineer, as referee, for investigation of and report upon any or all of the physical facts involved and the division or its chief engineer shall thereupon make such an investigation and report as ordered by the court. The report shall set forth such findings of fact as may be required by the court's order of reference and may contain such opinions upon the facts as it deems proper in view of the issues submitted. Before filing its report, the division or its chief engineer shall mail notice of its report together with a copy of it, to the parties or their attorneys of record.
Within thirty (30) days from the date of the mailing of the copy of the report, any party may file objections to it with the division of water resources or its chief engineer. After the division, or its chief engineer, has considered the objections, it shall file its report, as referee, with the clerk of the court and give notice by registered or certified mail of the filing of its report to the parties or their attorneys. The court shall review the report upon exceptions thereto filed with the clerk of the court within thirty (30) days after date of mailing registered notice of the filing of the report. Except in its discretion or for good cause shown, the court shall not consider any exception to the report unless it appears that the excepting party presented the matter of the exception to the division or its chief engineer in the form of an objection. The report shall be evidence of the physical facts found therein, but the court shall hear such evidence as may be offered by any party to rebut the report or the evidence. If suit is brought in a federal court for determination of rights to water within, or partially within, the state, the division or its chief engineer may accept a reference of such suit as master or referee for the court.
History: L. 1957, ch. 539, § 25; June 29.
(a) Any person intending to divert and transport water produced from a point or points of diversion located in this state for use in another state, shall make application to the chief engineer for a permit to appropriate water for beneficial use or file an application for change in point of diversion, place of use, type of use or any combination thereof. Subject to the provisions of subsection (b), the chief engineer shall approve such application upon such terms, conditions and limitations that the chief engineer shall deem necessary for the protection of public interest, including an express condition that if any such water is necessary to protect the public health and safety of the citizens of this state, such approved application may be suspended, modified or revoked by the chief engineer for such necessity.
(b) The chief engineer shall approve an application pursuant to this section only if the chief engineer finds that:
(1) The diversion and transportation of such water complies with the Kansas water appropriation act, the water transfer act and any other state law pertaining to such diversion, transportation and use of water;
(2) the statutes and common law of the state where such water will be used do not prohibit the use of water at the proposed place of use or for the proposed type of use, or both, if the water were to be diverted in that state; and
(3) the proposed diversion and transportation of water will not allow water apportioned to the state of Kansas by an interstate water compact to be used in another state.
(c) In order to make the finding required by subsection (b)(2), the chief engineer shall rely on a determination by the attorney general of the other state of whether the proposed use would be prohibited in that state.
History: L. 1976, ch. 435, § 1; L. 1984, ch. 380, § 1; L. 2000, ch. 98, § 1; July 1.
(a) Subject to existing water rights and the principle of beneficial use, the chief engineer may grant upon application made therefor temporary permits and extensions thereof to appropriate water in any case where the public interest in such water will not be unreasonably or prejudicially affected, except that the chief engineer shall not grant any such permit to appropriate fresh water in any case where other waters are available for the proposed use and the use thereof is technologically and economically feasible. No such temporary permit or any extension thereof shall be granted for a period of time in excess of six months. Each application submitted for a temporary permit or extension thereof shall be accompanied by an application fee of $200, or on and after July 1, 2028, a fee of $100.
(b) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section.
(c) Nothing in this section shall be deemed to vest in the holder of any permit granted pursuant to provisions of this section any permanent right to appropriate water except as is provided by such permit.
(d) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
History: L. 1977, ch. 356, § 1; L. 1982, ch. 4, § 19; L. 1985, ch. 339, § 4; L. 2002, ch. 181, § 24; L. 2004, ch. 85, § 19; L. 2009, ch. 51, § 5; L. 2014, ch. 133, § 13; L. 2017, ch. 86, § 17; L. 2022, ch. 9, § 13; July 1.
(a) Except for the appropriation of water for the purpose of domestic use, the production and return of salt water in connection with the operation of oil and gas wells in accordance with the written approval granted therefor by the Kansas corporation commission pursuant to K.S.A. 55-901, and amendments thereto, the withdrawal and use of water in accordance with provisions of K.S.A. 82a-1313, and amendments thereto, and the annual diversion and beneficial use of not more than 15 acre feet of surface water impounded in any reservoir having a total water volume of less than 15 acre feet, it shall be unlawful for any person to appropriate or threaten to appropriate water from any source without first applying for and obtaining a permit to appropriate water in accordance with the provisions of chapter 7 of article 82a of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto or, for any person to violate any condition of a vested right, appropriation right or an approved application for a permit to appropriate water for beneficial use. As used in this subsection salt water shall mean water containing more than 5,000 milligrams per liter chlorides.
(b) (1) The violation of any provision of this section by any person is a class C misdemeanor. (2) Each day that any such violation occurs after notice of the original violation is given by the chief engineer to any such violator by restricted mail shall constitute a separate offense.
History: L. 1977, ch. 356, § 2; L. 1981, ch. 397, § 2; July 1.
The provisions of K.S.A. 82a-727 and 82a-728 shall be a part of and supplemental to the provisions of article 7 of chapter 82a of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto.
History: L. 1977, ch. 356, § 7; January 1, 1978.
K.S.A. 82a-701 to 82a-726, inclusive, and acts amendatory thereof and supplemental thereto shall be called and may be cited as the Kansas water appropriation act.
History: L. 1977, ch. 356, § 8; L. 1984, ch. 380, § 2; July 1.
There is hereby created in the state treasury the water appropriation certification fund. The chief engineer of the division of water resources of the Kansas department of agriculture shall remit all moneys received under K.S.A. 82a-708a, 82a-708b and 82a-727, and amendments thereto, and K.S.A. 82a-741, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the water appropriation certification fund. All expenditures from the water appropriation certification fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person designated by the secretary.
History: L. 1982, ch. 4, § 21; L. 2001, ch. 5, § 471; L. 2004, ch. 101, § 143; L. 2011, ch. 89, § 27; July 1.
(a) The owner of a water right or permit to appropriate water for beneficial use, except for domestic use, shall file or cause to be filed an annual water use report for the previous calendar year on a form prescribed by the chief engineer of the division of water resources of the Kansas department of agriculture on or before March 1 following the end of the previous calendar year. The report shall completely and accurately set forth such water use information as requested by the chief engineer.
(b) Any owner of a water right or permit to appropriate water for beneficial use, except for domestic use, who fails to timely file a water use report or other documents required under the provisions of subsection (a) shall be subject to a civil penalty in an amount not to exceed $1,000 per water right. In addition to assessing a civil penalty as provided in this section, in the event the owner of a water right or permit to appropriate water for beneficial use fails to file or cause to be filed an annual water use report by June 1 of the calendar year in which it is due, the chief engineer may issue an order indefinitely suspending all water use under such water right or permit to appropriate water for beneficial use until such time as the annual water use report has been submitted or the chief engineer has determined that water use has been otherwise sufficiently documented with the division. The chief engineer upon a finding that the owner of a water right or permit to appropriate water for beneficial use has failed to file or cause to be filed such a report may impose a civil penalty, suspend the water right indefinitely, or require use of telemetry for the purpose of documentation.
(c) Any person filing a document knowing it to contain any false information as to a material matter shall be guilty of a class C misdemeanor.
(d) All fines collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A.
82a-731, and amendments thereto.
(e) This section shall be part of and supplemental to the water appropriation act, K.S.A.
82a-701 et seq., and amendments thereto.
History: L. 1988, ch. 395, § 1; L. 1991, ch. 292, § 4; L. 2004, ch. 101, § 144; L. 2016, ch. 71, § 5; July 1.
(a) The chief engineer may require an applicant for a permit to appropriate water for beneficial use or the owner of a water right or permit to appropriate water for beneficial use to adopt and implement conservation plans and practices. The chief engineer shall not mandate the adoption and implementation of conservation plans and practices except pursuant to a finding that such plans and practices will assure public benefit and promote public interest. In selecting the applications, water rights or permits for which conservation plans and practices are required to be adopted and implemented, the chief engineer shall give priority to: (1) Water users that share a common source of supply that could be insufficient during times of drought; (2) water users whose use is significantly higher than their peers from the same geographical area with comparable circumstances; and (3) water users who apply for any state administered grant, loan or cost-share moneys for water-related projects. Prior to requiring the adoption and implementation of conservation plans and practices, the chief engineer shall assess the availability of technical assistance and inform the owner of a water right or permit to appropriate water for beneficial use or the applicant for such a permit who is required to adopt and implement a conservation plan and practices of the available sources of technical assistance to prepare the conservation plan.
(b) The chief engineer shall allow the owner of a water right or permit to appropriate water for beneficial use or the applicant for such a permit a minimum of 60 days to prepare a required conservation plan. The time allowed to prepare the required conservation plan may be extended by the chief engineer for good cause shown by the applicant. The chief engineer shall provide the owner of the water right or permit to appropriate water for beneficial use or the applicant for such a permit a reasonable time to implement the conservation plan and, for good cause shown, such as the need to apply extensive land treatment practices, the chief engineer may extend the time for implementation for a period of up to five years.
(c) Plans and practices required pursuant to this section shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office pursuant to subsection (c) of K.S.A. 74-2608 and amendments thereto. If requested by the owner of the water right or permit to appropriate water for beneficial use or the applicant for such a permit, the chief engineer, in consultation with the director of the Kansas water office, shall determine whether such plans and practices are consistent with the guidelines adopted by the Kansas water office. The Kansas water office shall provide, or arrange to provide, technical assistance for water users required to adopt and implement conservation plans and practices pursuant to this section.
(d) Before any state agency makes any loan or grant, or provides any cost-share funds, for any water-related projects to any person or entity, the state agency may require the person or entity to submit to, and have approved by, the chief engineer a water conservation plan consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office pursuant to subsection (c) of K.S.A. 74-2608 and amendments thereto.
(e) As used in this section, "water-related projects" shall include, but not be limited to, the following: Interconnections between water supply systems; development of new water supply and delivery systems; improvements or repairs to an existing water supply system, sanitary sewer system or water treatment system, which would significantly increase the amount of water used; small lakes development, improvement or repair; and development of other small impoundments for public water supply or irrigation.
(f) The chief engineer may approve the conservation plans and practices required pursuant to the provisions of this section on such terms, conditions and limitations as deemed necessary to carry out the provisions of this section. The implementation of the conservation plan and practices as approved or any subsequent approved modification shall constitute a condition of the water right or permit to appropriate water for beneficial use.
(g) Any conservation plans and practices required pursuant to this section with regard to any groundwater right or permit to appropriate groundwater from within the boundaries of a groundwater management district shall be subject to approval by both the chief engineer and the board of directors of the groundwater management district unless such plans and practices are incorporated in the groundwater management district's management program which has been approved by the chief engineer pursuant to K.S.A. 82a-1029 and amendments thereto.
(h) The chief engineer may delegate authority to implement and enforce any of the provisions of this section to a groundwater management district on such terms as may be appropriate and necessary to carry out the provisions of this section within the boundaries of such district.
(i) The chief engineer may delegate to any city which has conservation plans meeting state guidelines the authority to require domestic water users within such city to adopt and implement conservation plans and practices so that such city can require compliance from private domestic well owners within the city limits.
(j) This section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 1991, ch. 292, § 5; July 1.
(a) An operator shall notify the chief engineer of the location and area extent of any existing or proposed sand and gravel pit to be excavated, expanded or operated by the operator.
(b) The net evaporation of water exposed as the result of the opening or operation of sand and gravel pits shall be construed to be a beneficial use or diversion of water for the purposes of the Kansas water appropriation act, K.S.A. 82a-701 et seq., and amendments thereto, if the sand and gravel pit is opened or operated in a township where the average annual potential net evaporation is greater than 18 inches per year, as determined by the chief engineer.
(c) If the chief engineer determines that an existing or proposed sand and gravel pit operation is a beneficial use of water, the operator shall apply to the chief engineer for a permit to appropriate water in accordance with the Kansas water appropriation act or otherwise acquire ownership or control of sufficient water rights, or by other methods pursuant to rules and regulations adopted by the chief engineer, or both, to offset net evaporation for the operation. The chief engineer may reduce this required offset based on the estimated use of groundwater by the existing vegetation.
(d) (1) The permit shall authorize net evaporation as the primary use, and hydraulic dredging and sand washing as secondary uses of water if such secondary uses are located within the same source of supply and are associated with the operation. Any secondary uses shall use water in a manner in which there is no significant net consumptive use. The permit shall not be subject to the installation of a water flow meter or administration of minimum desirable stream flow. Where the average potential net evaporation is less than 18 inches per year as determined by the chief engineer, the chief engineer shall issue a single term permit for the life of the project, not to exceed 80 years, for such secondary uses.
(2) The secondary uses shall be granted for the proposed life of the project or until the exhaustion of sand and gravel reserves. At the end of the industrial project, the owner shall file an application authorized by K.S.A. 82a-708b, and amendments thereto, to change the primary use made of water to recreational use to authorize the net evaporation use caused by the exposed groundwater.
(3) If a permit is denied, the chief engineer shall set forth all reasons for such denial.
(4) Any applicant who is denied a project permit by a final order of the chief engineer under this section may appeal such order in the manner provided by the Kansas judicial review act.
(5) Any application for a project permit shall be accompanied by a filing fee of $500 and any request for modification shall be accompanied by a fee of $250. Applicants for a project permit under this section shall not be required to pay fees pursuant to K.S.A. 82a-708a and 82a-708c, and amendments thereto, as part of such application.
(e) (1) The initial period of time allowed to complete construction of diversion works pursuant to an approved application to appropriate water for the purpose of net evaporation from a sand and gravel pit operation shall be reasonable and consistent with the proposed use. The chief engineer may allow extension of such period by not to exceed two 10-year extensions if it can be shown that the operation requires the additional time for the operator to satisfy the operator's market demand in the area. The two 10-year extensions may be granted at the same time, to run consecutively, if the applicant submits to the chief engineer a written development plan.
(2) The period of time allowed to perfect an approved application to appropriate water for the purpose of net evaporation from a sand and gravel pit operation shall be not less than 20 years and, for good cause shown, the chief engineer may allow one or more 10-year extensions of such period. The chief engineer shall consider the time needed until exhaustion of proven reserves, closure in accordance with the surface land reclamation and mining act, K.S.A. 49-601 et seq., and amendments thereto, and the availability of water for the proposed use, but in no case shall allow longer than 80 years for perfection.
(3) Nothing herein shall require an extension of time to construct diversion works or to perfect a water right if there is demonstrable impairment of a use under an existing water right from the same source of supply, as determined pursuant to K.S.A. 82a-711, and amendments thereto.
(4) Upon examination of the diversion works for sand and gravel operations, the chief engineer or the chief engineer's duly authorized representative shall, within 90 days of the examination, notify the applicant if there was a failure to construct the diversion works at the authorized location or any deficiency of the terms and conditions of the permit. This notice will provide steps necessary to gain compliance with state law. If the chief engineer fails to examine the diversion works within two years of the notice of completion for any sand and gravel operation diversion works, the applicant shall not be required to forfeit priority date as a result of failure to construct a diversion works at the authorized location or any deficiency of the terms and conditions of the permit.
(f) Net evaporation from sand and gravel pits, as calculated by the chief engineer, will be reported as an industrial use to the director of taxation for the purpose of assessing the water protection fee pursuant to K.S.A. 82a-954, and amendments thereto.
(g) This section shall be part of and supplemental to the Kansas water appropriations act.
History: L. 1995, ch. 72, § 1; L. 2004, ch. 100, § 1; L. 2006, ch. 72, § 1; L. 2012, ch. 133, § 2; L. 2013, ch. 111, § 3; July 1.
Any rules and regulations adopted by the secretary of health and environment pursuant to K.S.A. 65-171d, and amendments thereto, shall not apply to land-based sand and gravel pits or aggregate mining operations utilizing washwater ponds if the only water or wastewater directed to the dredge pit or washwater pond consists of the following:
(a) Dredge return flows;
(b) flows generated from aggregate classification; or
(c) flows from washing aggregate, if water used in such flows is returned to the dredge pit or washwater pond.
History: L. 2013, ch. 111, § 2; July 1.
History: L. 1999, ch. 122, § 2; Repealed, L. 2013, ch. 111, § 10; July 1.
(a) The chief engineer is authorized to establish multi-year flex accounts to improve water management by enabling multi-year flexibility in the use of water authorized to be diverted under a groundwater water right, if such flexibility neither impairs existing water rights nor increases the total amount of water diverted, so that such flexibility has no long-term negative effect on the source of supply.
(b) As used in this section:
(1) "Base water right" means a water right that is vested or has been issued a certificate of appropriation and:
(A) The water right's authorized source of supply is groundwater;
(B) the water right is not subject to a multi-year allocation pursuant to any other program or order issued by the chief engineer;
(C) the water right is not subject to any order issued by the chief engineer pursuant to K.S.A. 82a-703a, 82a-706b or 82a-717a, and amendments thereto;
(D) neither the water right nor any portion thereof has been deposited or placed in a safe deposit account in a chartered water bank;
(E) the water right is not deemed abandoned and is in compliance with all provisions of any order of the chief engineer; and
(F) the chief engineer determines that no other conditions exist that make establishment of a multi-year flex account for such water right contrary to the public interest.
(2) "Multi-year flex account" means a term permit for up to five years that suspends a base water right and assigns a multi-year quantity allocation to such base water right in place of the base water right's annual quantity limitation for the duration of the term permit.
(3) "Net irrigation requirement" means the net irrigation requirement for 50% chance rainfall of the county that corresponds with the location of the authorized place of use of the base water right.
(c) Any holder of a base water right may establish a multi-year flex account where the holder may deposit water from a base water right in advance for a period of up to five consecutive calendar years. Each multi-year flex account shall meet the following requirements:
(1) The amount of water deposited in the multi-year flex account shall not exceed 500% of the product of the annual net irrigation requirement multiplied by the base water right's authorized acreage, multiplied by 110%, and such amount shall not exceed five times the maximum annual quantity authorized by the base water right;
(2) for each multi-year flex account that overlaps in place of use with other water rights, including other multi-year flex accounts or other term permits, the multi-year flex account's authorized quantity shall be further limited by the net irrigation requirement for the common place of use when combined with the quantities authorized by the overlapping water rights or term permits;
(3) a separate multi-year flex account application shall be required for each point of diversion authorized by the base water right;
(4) the authorized rate of diversion of each multi-year flex account shall be the maximum authorized rate of diversion for the point of diversion authorized by the base water right; and
(5) the authorized point of diversion and place of use shall be the point of diversion and place of use for the base water right. Any approval of an application to change the point of diversion or place of use of the base water right shall automatically result in a change to the point of diversion or place of use for the multi-year flex account.
(d) Each application for a multi-year flex account shall be filed with the chief engineer on or before December 31 of the first year of the multi-year flex account term for which the application is being made. Such application shall be subject to the same fee required for other term permits pursuant to K.S.A. 82a-708c, and amendments thereto.
(e) If there is deposited water remaining in a multi-year flex account upon the expiration of such account's term, an amount of water not to exceed the lesser of the annual net irrigation requirement for the base water right's authorized acres or the base water right's authorized annual quantity may be added to the deposit amount determined in paragraph (c)(1) for a subsequent multi-year flex account term if such addition does not result in the multi-year allocation for the subsequent multi-year flex account term exceeding the base water right's authorized annual quantity multiplied by the number of years of the subsequent multi-year flex account term and the base water right is enrolled in the subsequent multi-year flex account during the calendar year in which the existing multi-year flex account term expires.
(f) Except as otherwise provided in this section, multi-year flex accounts shall be subject to all provisions of the Kansas water appropriation act and any rules and regulations adopted thereunder.
(g) All costs of administration of this section shall be paid from the water appropriation certification fund when moneys are available in such fund. Any appropriation or transfer from any fund other than the water appropriation certification fund for the purpose of paying such costs shall be repaid to the fund from where such appropriation or transfer is made. At the time of repayment, the secretary of agriculture shall certify to the director of accounts and reports the amount to be repaid and the fund to be repaid. Upon receipt of such certification, the director of accounts and reports shall promptly transfer the amount certified to the specified fund.
(h) The chief engineer may adopt rules and regulations to implement, administer and enforce this section.
(i) The chief engineer shall submit a written report on the implementation of this section to the house standing committees on agriculture and natural resources and water and the senate standing committee on agriculture and natural resources or any successor committees on or before January 15, 2029, and every four years thereafter.
(j) This section shall be a part of and supplemental to the Kansas water appropriation act.
History: L. 2001, ch. 160, § 16; L. 2005, ch. 142, § 3; L. 2011, ch. 89, § 28; L. 2012, ch. 7, § 1; L. 2015, ch. 60, § 3; L. 2016, ch. 23 § 2; L. 2018, ch. 21, § 1; L. 2021, ch. 21, § 1; L. 2023, ch. 76, § 3; L. 2025, ch. 21, § 1; July 1.
(a) As used in this section:
(1) "Chief engineer" means the chief engineer of the division of water resources of the department of agriculture.
(2) "Secretary" means the secretary of agriculture.
(b) Any person who commits any of the following may incur a civil penalty as provided by this section:
(1) Any violation of the Kansas water appropriation act, K.S.A. 82a-701 et seq., and amendments thereto, or any rule and regulation adopted thereunder;
(2) any violation of an order issued pursuant to K.S.A. 82a-1038, and amendments thereto, relating to an intensive groundwater use control area; or
(3) any violation of a term, condition or limitation imposed by the chief engineer as authorized by law, including, but not limited to: (A) Diversion of water from an unauthorized point of diversion; (B) failure to limit the use of water to the authorized place of use; (C) failure to submit or comply with the terms of conservation plans as required pursuant to K.S.A. 82a-733, and amendments thereto; (D) failure to comply with the maximum annual quantity or rate of diversion authorized; (E) failure to properly install, maintain or assure the accuracy of acceptable water measurement devices; (F) failure to comply with orders related to minimum desirable stream flow, unlawful diversion, impairment of senior water rights or waste of water; or (G) failure to limit the use of water to an authorized type of use.
(c) The amount of the civil penalty provided for by this section shall be not less than $100 nor more than $1,000 per violation. In the case of a continuing violation, each day such violation continues may be deemed a separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law.
(d) The chief engineer or the chief engineer's duly authorized agent, upon a finding that a person has committed a violation specified in subsection (b), may order the modification or suspension of the person's water right or use of water, in addition to any other penalty provided by law.
(e) No civil penalty or suspension or modification of a water right or use of water shall be imposed pursuant to this section except on the written order of the chief engineer or duly authorized agent of the chief engineer. Such order shall state the nature of the violation, the factual basis for the finding, the penalty to be imposed and the appropriate procedure for appeal of the order, as established by K.S.A. 82a-1901, and amendments thereto.
(f) Any person aggrieved by an order of the chief engineer, or the chief engineer's duly authorized agent, pursuant to this section may request a hearing or review as provided by K.S.A. 82a-1901, and amendments thereto, and, upon exhaustion of administrative remedies, may appeal to the district court in the manner provided by the Kansas judicial review act.
(g) The provisions of this section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 2001, ch. 160, § 14; L. 2010, ch. 17, § 213; L. 2017, ch. 23, § 4; July 1.
The chief engineer of the division of water resources of the department of agriculture and the state geological survey shall study and develop recommendations regarding: (a) The use of water banking as it pertains to sand and gravel pits; (b) calculation of evapotranspiration and its effects on consumptive use from sand and gravel pits, with special emphasis on salt cedar (tamarisk); and (c) the pollution control and flood control impacts of diverting water runoff into sand and gravel pits. On or before January 20, 2006, the chief engineer and the state geological survey shall submit a report of the study and recommendations to the house standing committee on environment and the senate standing committee on natural resources.
History: L. 2004, ch. 100, § 2; July 1.
The Kansas water office shall purchase one water flow measurement device, and any required data recording device for use with such water flow measurement device, and shall provide for the permanent installation of such devices below the dam of the Cedar Bluff reservoir in accordance with this section. The water flow measurement device and any required data recording device shall be installed at a downstream, man-made channel or drop structure. Prior to installing any such water flow measurement device and any required data recording device, the Kansas water office shall obtain a written authorization from all owners of the property at the location where the water flow measurement device and any required data recording device are to be installed. All data collected by such water flow measurement device shall be made available to the general public electronically through the internet on a real time basis as it is collected and shall be reported to the senate committee on natural resources, the senate committee on ways and means subcommittee on the Kansas water office, the house committee on environment, and the house agriculture and natural resources budget committee during the 2007 regular session of the legislature.
History: L. 2006, ch. 198, § 2; July 1.
History: L. 2008, ch. 176, § 1; Expired, June 30, 2010.
(a) The chief engineer may administer a water rights conservation program. An eligible water right in good standing may be enrolled in the program, subject to the approval of the chief engineer.
(b) A water right may be enrolled in the program for a period that shall not exceed 10 years. A water right enrolled in the program may be re-enrolled within two years of the expiration date of the previous enrollment period, subject to the approval of the chief engineer.
(c) Each application for enrollment in the program and each application for renewal of enrollment shall include a non-refundable fee not to exceed $300.
(d) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
(e) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section.
History: L. 2011, ch. 89, § 25; July 1.
(a) Any owner of a water right that is not deemed abandoned may divide that water right into two or more distinct water rights without losing priority, if such owner:
(1) Notifies the chief engineer in writing of the proposed division with the written consent of all persons having an ownership interest in the water right;
(2) designates the relative priority of the divided water rights;
(3) demonstrates to the chief engineer that the division is reasonable and will not increase consumptive use; and
(4) demonstrates to the chief engineer that the request does not violate the provisions of the Kansas water appropriation act.
(b) Acceptance of the request to divide a water right pursuant to this section shall not authorize any change in the place of use, point of diversion or use made of water, as provided in K.S.A. 82a-708b, and amendments thereto.
(c) If the chief engineer finds the request complies with subsections (a) and (b), the chief engineer shall issue an order dividing the water right and describing the terms and conditions of each water right. If the chief engineer finds the request does not comply with subsections (a) and (b), the request shall be returned and no action taken.
(d) In the event of a judicial determination of ownership interests resulting in a partition of a water right that is not deemed abandoned, the chief engineer shall issue an order dividing such water right in a manner consistent with the terms of the judicial determination to the extent it does not violate the provisions of the Kansas water appropriation act.
(e) Each request to divide a water right, pursuant to this section, shall be made on a form prescribed by the chief engineer and shall be accompanied by a fee of $300.
(f) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
(g) This section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 2012, ch. 133, § 1; July 1.
(a) Subject to existing water rights and the principle of beneficial use, the chief engineer may grant, upon application made therefor, limited transfer permits to authorize the use of up to 4,000,000 gallons from an existing water right. The term of such limited transfer permit will be limited to a single calendar year. Each application submitted for a limited transfer permit shall be on a form prescribed by the chief engineer and accompanied by an application fee of $200.
(b) (1) If the base water right is groundwater, the use of water can be transferred to another well within the same source of supply within two miles.
(2) If the base water right is surface water, the use can be transferred to another surface water use within the same surface water system.
(c) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section. Such rules and regulations shall require that there is no increase in consumptive use enabled by the transfer permit, prescribe necessary recordkeeping and reporting requirements, prevent impairment of existing rights and address any other matter deemed necessary by the chief engineer to protect the public interest.
(d) Nothing in this section shall be deemed to vest in the holder of any permit granted pursuant to provisions of this section any permanent right to appropriate water except as is provided by such permit.
(e) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
(f) This section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 2013, ch. 111, § 1; July 1.
(a) The chief engineer shall give due consideration to water management or conservation measures previously implemented by a water right holder when implementing any further limitations on a water right pursuant to any program established or implemented on and after July 1, 2015. The chief engineer shall take into account reductions in water use, changes in water management practices and other measures undertaken by such water right holder.
(b) This section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 2015, ch. 60, § 5; July 1.
(a) Any water right owner or a group of water right owners in a designated area may enter into a consent agreement and order with the chief engineer to establish a water conservation area. The water right owner or group of water right owners shall submit a management plan to the chief engineer. Such management plan shall be the basis of the consent agreement and order designating a water conservation area and shall:
(1) Include clear geographic boundaries;
(2) include the written consent of all participating water right owners within the geographic boundaries described in paragraph (1) to enter into the consent agreement and order;
(3) include a finding or findings that one or more of the circumstances specified in K.S.A. 82a-1036(a) through (d), and amendments thereto, exist, or include a finding or findings that the area within the geographic boundaries described in paragraph (1) has been closed to new appropriations by rule, regulation or order of the chief engineer;
(4) include provisions regarding the proposed duration of the water conservation area and any process by which water right owners may request to be added or removed from the water conservation area;
(5) include goals and one or more of the corrective control provisions provided in subsection (b);
(6) give due consideration to water users who have previously implemented reductions in water use resulting in voluntary conservation measures;
(7) include compliance monitoring and enforcement; and
(8) be consistent with state law.
(b) A consent agreement and order of designation of a water conservation area pursuant to this section shall define the boundaries of the water conservation area and may include any of the following corrective control provisions:
(1) Closing the water conservation area to any further appropriation of groundwater. In which event, the chief engineer shall thereafter refuse to accept any application for a permit to appropriate groundwater located within such area;
(2) determining the permissible total withdrawal of groundwater in the water conservation area each day, month or year, and apportioning such permissible total withdrawal among the valid groundwater right holders in such area in accordance with the relative dates of priority of such rights;
(3) reducing the permissible withdrawal of groundwater by any one or more appropriators thereof, or by wells in the water conservation area;
(4) requiring and specifying a system of rotation of groundwater use in the water conservation area; and
(5) any other provisions necessary to effectuate agreed-upon water conservation goals consistent with the public interest.
The chief engineer shall be responsible for the monitoring and enforcement of any corrective control provisions ordered for a water conservation area.
(c) The order of designation shall be in full force and effect from the date of its entry in the records of the chief engineer's office. The chief engineer upon request shall deliver a copy of such order to any interested person who is affected by such order and shall file a copy of the same with the register of deeds of any county within which any part of the water conservation area lies.
(d) If any corrective control provisions of a water conservation area conflict with rules and regulations of a groundwater management district or requirements of a local enhanced management plan or intensive groundwater use control area that result in greater overall conservation of water resources within which a participating water right is situated, the chief engineer is authorized to amend the provisions of the water conservation area to conform to any rules and regulations or requirements that result in greater conservation of water resources, as determined by the chief engineer.
(e) To provide flexibility in the management of water resources, as part of the consent agreement and order of designation, the chief engineer may authorize a management plan that allots water authorized by existing water rights, subject to the following limitations:
(1) The management plan shall be limited to the term of the water conservation area;
(2) the management plan may allow, in any given calendar year, the water use of an individual water right or rights to exceed the annual authorized quantity of the individual water right or rights participating in the management plan, provided that the water use shall not exceed the total annual authorized aggregate quantity and rate of all the water rights participating in the management plan in any given calendar year;
(3) the authority granted through the management plan shall supersede the participating water rights during the term of the water conservation area or until the management plan is suspended by the chief engineer in accordance with this subsection; and
(4) for purposes of determining priority, the management plan shall be assigned the priority date of its effectuation.
(f) In addition to a management plan under subsection (e), as a part of the consent agreement and order of designation, the chief engineer may include the use of multi-year flex accounts as authorized by K.S.A. 82a-736, and amendments thereto.
(g) No management plan authorized under a water conservation area shall be allowed to impair any water right. At any time during the term of a water conservation area, if the chief engineer determines that impairment may be occurring, following a complaint and preliminary investigation into relevant physical facts, the chief engineer may suspend operation of the water conservation area. In the event of such suspension, each participating water right may be operated in accordance with its permitted terms and conditions as in effect prior to operation of the water conservation area. Upon conclusion of an investigation by the chief engineer and a finding of impairment, the chief engineer may terminate the water conservation area, or may modify the water conservation area subject to consent of the participating water right owners, to alleviate any impairment.
(h) Prior to execution of a proposed water conservation area consent agreement and order of designation pursuant to this section, the chief engineer shall notify in writing the groundwater management district within which any participating water right is situated. Such groundwater management district shall be given an opportunity to provide a written recommendation regarding the proposed water conservation area and management plan within 45 days of notification by the chief engineer. The review period may be extended by up to 30 days upon approval by the chief engineer. Subject to subsection (d), any participating water right in a water conservation area shall continue to be subject to all applicable rules and regulations and management plans of the groundwater management district in which the water right is situated.
(i) The chief engineer shall provide notification, as specified in K.S.A. 82a-1906, and amendments thereto, to all water right owners with a point of diversion within
1/2
a mile, or farther if deemed necessary by a rule and regulation of the chief engineer, of the boundaries of a water conservation area. Notification shall include a reference to an electronic publication of the management plan and any relevant technical analysis.
(j) The consent agreement and order of designation shall provide for periodic review of the consent agreement and order, which may be initiated by the chief engineer or upon request of the water right owners in the water conservation area. The consent agreement and order shall specify the frequency of such periodic review, but a review shall be conducted at least once every 10 years.
(k) (1) The chief engineer may, with the consent of all participating water right owners, amend a consent agreement and order of designation in order to:
(A) Modify corrective control provisions or the boundaries of the designated area;
(B) add or remove water rights upon request of such water right owners;
(C) terminate a water conservation area upon the request of the water right owners in the designated area; or
(D) make other changes the water right owners may request.
(2) Any amendments to a consent agreement and order of designation, except amendments that remove a water right upon request of the owner so long as the consent of all participating water right owners is not required pursuant to the management plan, shall be consented to by all participating water right owners within the designated area and the chief engineer and shall be based upon a revised management plan submitted by the participating water right owners.
(l) No water right shall be perfected pursuant to a water conservation area.
(m) Notwithstanding K.S.A. 82a-1039, and amendments thereto, nothing in this section shall be construed as limiting or affecting any duty or power of a groundwater management district granted to such district by the Kansas groundwater management district act.
(n) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section.
(o) The provisions of this section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 2015, ch. 37, § 1; L. 2017, ch. 55, § 4; July 1.
(a) K.S.A. 82a-761 through 82a-773, and amendments thereto, may be cited as the Kansas water banking act.
(b) Implementation of the provisions of the water banking act shall be subject to the availability of appropriations for that purpose.
History: L. 2001, ch. 160, § 1; July 1.
As used in this act:
(a) "Bank boundary" means the geographic area where a water bank operates and conducts the functions of a water bank and may encompass more than one hydrologic unit.
(b) "Bank charter" means a document that sets out the articles of incorporation and principal functions of a water bank.
(c) "Bankable water right" means a water right that has been determined pursuant to K.S.A. 82a-764, and amendments thereto, to be bankable.
(d) "Chief engineer" means the chief engineer of the division.
(e) "Conservation element" means the portion of a deposit that is taken out of use for the duration of the deposit and is not allowed to be withdrawn and used by subsequent users.
(f) "Deposit," other than as used in "safe deposit account," refers to the deposit of a water right, or portion of a water right, in a water bank for the purpose of having the bank lease water from such water right, or portion of a water right, to another person or entity.
(g) "Division" means the division of water resources of the Kansas department of agriculture.
(h) "Hydrologic unit" means a defined area from which water rights authorizing diversion of water from a source of supply may be deposited and from which water from the same source of supply may be leased, in accordance with the provisions of this act, without causing impairment of existing water rights or a significantly different hydrological effect to other users of water from the same source or hydraulically connected sources of supply.
(i) "Linked water rights" means two or more water rights that authorize common points of diversion or a common place of use, or both.
(j) "Safe deposit account" means a personal account held in a water bank where unused water from a bankable water right is placed for use in future years.
(k) "Term permit" means a permit to appropriate water for a specified period of time.
(l) "Water bank" means a private not-for-profit corporation that: (1) Leases water from water rights that have been deposited in the bank; and (2) provides safe deposit accounts. A water bank may be a groundwater bank or a surface water bank, or both.
History: L. 2001, ch. 160, § 2; July 1.
(a) A water bank shall be authorized to enter into contracts with holders of water rights for deposit in the bank of all or a portion of any water right from a hydrologic unit within the bank boundary, subject to the following:
(1) The bank shall accept for deposit only a water right, or portion of a water right, that has been determined to be a bankable water right under K.S.A. 82a-764, and amendments thereto;
(2) a deposit of a groundwater water right shall be for a period of not more than five years;
(3) a deposit shall be subject to such terms and conditions as provided by the contract between the bank and the depositor, including penalty provisions for breach of any contract conditions; and
(4) a deposit shall be subject to such terms and conditions, and such approval by the chief engineer, as provided by rules and regulations of the chief engineer.
(b) A water bank shall be authorized to lease water from any water right, or portion of a water right, that has been deposited in the bank, subject to the following:
(1) Any water leased must be used within the bank boundary and in the same hydrologic unit from which the water right authorizing diversion of the water is deposited;
(2) use of leased water shall be subject to all provisions of the Kansas water appropriation act, including, but not limited to, all requirements relating to term permits;
(3) a lease shall be subject to such terms and conditions as provided by the contract between the bank and the lessor, including penalty provisions for breach of any contract conditions;
(4) a lease shall be subject to such terms and conditions, and such approval by the chief engineer, as provided by rules and regulations of the chief engineer; and
(5) a water bank's decision of whether or not to lease water shall not be based on the proposed use of the water.
(c) A water bank shall provide safe deposit accounts where a holder of a water right may place unused water from the water right for future withdrawal, subject to the following:
(1) A water right holder shall place in a safe deposit account only water from a water right that has been determined to be a bankable water right under K.S.A. 82a-764, and amendments thereto;
(2) only water that was unused in the immediate past calendar year may be placed in a safe deposit account and the amount that shall be placed in such account shall be less than the total amount of unused water from the bankable water right in that year;
(3) only water from one water right shall be placed in a safe deposit account and water from a water right shall not be placed in more than one safe deposit account, except that water from linked water rights may be placed in a single safe deposit account;
(4) each calendar year that water remains in a safe deposit account, the amount of water held in the account shall decrease by a percentage established by the charter of the bank but in no case less than 10% annually of all amounts placed in the account;
(5) the total amount of water accumulated in a safe deposit account shall not exceed the maximum annual quantity authorized to be diverted under the water right or the aggregate maximum quantity authorized to be diverted under all linked water rights from which water is deposited in the account;
(6) use of water withdrawn from a safe deposit account shall be subject to all provisions of the Kansas water appropriation act, including, but not limited to, all requirements relating to term permits;
(7) a safe deposit account shall be subject to such terms and conditions as provided by the contract between the bank and the account holder, including penalty provisions for breach of any contract conditions;
(8) a safe deposit account shall be subject to such terms and conditions, and such approval by the chief engineer, as provided by rules and regulations of the chief engineer; and
(9) the operation of safe deposit accounts by the bank shall not result in an increase in the amount of net consumptive use of water in any hydrologic unit, computed on a long-term rolling average compared to a representative past period.
(d) A water bank may provide services to facilitate the sale or lease of water rights.
(e) A water bank shall not own, buy or sell water rights.
History: L. 2001, ch. 160, § 3; July 1.
Before a water right or portion of a water right shall be accepted for deposit in a water bank or water from a water right shall be placed in a safe deposit account, the bank, with the assistance of the division, shall determine whether the water right is bankable, as follows: (a) The right is vested or has been issued a certificate of appropriation; and (b) the right has not been abandoned and is in good standing, based on past water usage and compliance with the terms of the holder's permit and all applicable provisions of law and orders of the chief engineer.
History: L. 2001, ch. 160, § 4; July 1.
(a) Before a water bank is authorized to operate in the state, the bank's charter must be approved by the chief engineer. Prior to approval, the body wishing to charter the bank shall submit to the chief engineer the proposed bank charter and any other information required by rules and regulations of the chief engineer to determine whether the bank shall be chartered to operate in the state.
(b) The chief engineer shall approve the charter of a water bank only if the chief engineer determines that:
(1) The charter ensures that the operations and policies of the bank will be consistent with the provisions of this act, the state water plan and all applicable statutes, rules and regulations, findings and orders of the chief engineer, groundwater management district policies and water assurance district operations plans;
(2) there is sufficient participation by water right holders and water users to make the operations of the bank practical and feasible;
(3) the governing body of the bank has at least five members and is reasonably representative of public and private interests in water within the bank boundary;
(4) the bank would not lease or accept for placement in a safe deposit account water from the same hydrologic unit as another chartered bank or accept for deposit a water right that authorizes diversion of water from the same hydrologic unit as another chartered water bank;
(5) the charter ensures that, for each calendar year, the aggregate amount of all bank deposits, determined by multiplying the amount of each water right deposited by the length of time of the deposit and then adding together the resulting amounts for all deposits, will equal or exceed the sum of the aggregate amount of water leased by the bank, determined by multiplying the amount of each lease by the length of time of the lease and then adding together the resulting amounts for all leases, plus the aggregate conservation element of all leases, determined by multiplying the conservation element of each lease by the length of the lease and then adding together the resulting amounts for all leases;
(6) the charter ensures that the operations of the bank will not result in impairment of existing water rights or an increase in depletion of severely depleted groundwater aquifers or stream courses;
(7) the charter ensures that the operations of the bank will result in a savings of 10% or more in the total amount of groundwater consumed for a representative past period pursuant to water rights deposited in the bank, excluding groundwater located in an intensive groundwater use control area where corrective control provisions have reduced the allocation of groundwater to less than the quantity previously authorized by water rights in the area;
(8) the charter provides a procedure for resolution of complaints by bank participants and others impacted by the bank policies, practices and operations;
(9) the charter ensures that the determination of the portion of a water right that is bankable shall be subject to the following:
(A) The determination shall be primarily based on a representative period of average water consumption for the hydrologic unit from which water is authorized to be diverted under the water right; and
(B) the method of determination shall not penalize past implementation of water conservation practices;
(10) the charter ensures that the total amount of groundwater leased each year from each hydrologic unit does not exceed 90% of the historic average annual amount collectively diverted pursuant to all deposited water rights or portions of water rights from such unit for a representative past period; and
(11) the charter provides a procedure for the dissolution of the bank, specifically stating how the remaining deposits and safe deposit accounts will be distributed.
(c) A water bank shall be chartered for an initial period of not more than seven years, at which time the bank shall be subject to review in accordance with K.S.A. 82a-767, and amendments thereto, to determine whether the initial charter shall lapse or the bank shall be chartered.
(d) Any amendment to the charter of a water bank must be approved by the chief engineer prior to adoption of the amendment.
History: L. 2001, ch. 160, § 5; L. 2012, ch. 106, § 1; July 1.
(a) On or before April 15 of each year, each water bank shall submit to the chief engineer a report containing the following:
(1) With regard to water rights or portions of water rights on deposit in the bank during the last year: (A) The total quantity of water authorized to be diverted annually pursuant to each such water right or portion of a water right; (B) the total quantity of water used, by purpose of use, and acres irrigated for the portion authorized to be used for irrigation, during the last year as a result of leases of such water rights or portions of water rights; and (C) the total quantity of water used, by purpose of use, and acres irrigated for the portion authorized for irrigation pursuant to such water rights or portions of water rights during the two years preceding the last year; and
(2) with regard to water in each safe deposit account in the bank: (A) An accounting of the total quantity of water placed in such accounts during the past year and a balance at year end; (B) the total quantity of water used during the past year, and acres irrigated if an irrigation water right, from the account; (C) the total quantity of water authorized to be diverted annually, the quantity actually used and the acres irrigated, if an irrigation water right, during the past year pursuant to the water rights or linked water rights related to such account; and (D) the total quantity of water used and acres irrigated pursuant to such water rights during the two years preceding the last year.
(b) The report required by this section shall be in the form prescribed by the chief engineer.
History: L. 2001, ch. 160, § 6; L. 2012, ch. 106, § 2; July 1.
(a) Not later than five years after the establishment of a water bank or pursuant to subsection (e), the director of the Kansas water office shall convene a team to evaluate the operation of the bank. The team shall consist of:
(1) The director of the Kansas water office, or the director's designee, who shall serve as chairperson of the team;
(2) the director of the Kansas geological survey, or the director's designee;
(3) two members who represent water right holders and water users who have used the bank's services, which members shall be selected by the governing body of the bank;
(4) members selected by the chief engineer as follows: (A) Two members engaged in teaching or research at institutions of postsecondary education in subjects involving water resources, including but not limited to water resources engineering and hydrology; (B) a member who is an economist with knowledge and experience in water resources; (C) one member having knowledge and experience in water law; and (D) two members having knowledge and experience in water policy issues and residing outside the bank boundary, who shall represent the public interest;
(5) one representative of each groundwater management district located in whole or in part within the bank boundary selected by the board of directors of such district; and
(6) one representative of each water assurance district located in whole or in part within the bank boundary selected by the board of directors of such district.
(b) The staff of the Kansas water office shall provide staff assistance to the evaluation team.
(c) Not more than one year after a team is convened pursuant to this section, the team shall submit a report of its evaluation and recommendations to the governor, the Kansas water office, the Kansas water authority, the secretary of agriculture, the chief engineer and the senate standing committee on natural resources and the house standing committee on environment, or the successors to such committees regarding:
(1) The operations and policies of the bank and whether they are consistent with the provisions of this act, the state water plan and all applicable statutes, rules and regulations, findings and orders of the chief engineer, groundwater management district policies and water assurance district operations plans;
(2) whether the operations of the bank are achieving the goals and objectives of water banking as set out in the state water plan and whether changes could be made to further those goals and objectives;
(3) the bank's impact on the entire area of all hydrologic units, any parts of which are encompassed in the bank's boundary;
(4) any other matters the team determines relevant to the future of water banking in the state;
(5) whether the charter of the bank should lapse, or the bank should become chartered; and
(6) the terms under which the bank's charter should be allowed to lapse, if the team recommends that the charter not be extended.
(d) Unless otherwise provided by law, the chief engineer, in accordance with the recommendations of the team, may extend the charter of the bank or may allow the bank charter to lapse under the terms recommended by the team.
(e) If a bank is chartered, such charter shall be subject to review not less than every five years by a team convened as prescribed in subsection (a). The review team shall submit a report on the matters listed in subsections (c)(1) through (c)(4).
History: L. 2001, ch. 160, § 7; L. 2012, ch. 106, § 3; July 1.
Depositing a water right in a water bank or placement of water in a safe deposit account in a water bank shall constitute due and sufficient cause pursuant to K.S.A. 82a-718, and amendments thereto, for failure to use water for a lawful, beneficial use for the term of the deposit or the placement.
History: L. 2001, ch. 160, § 8; July 1.
The chief engineer may adopt rules and regulations to administer and enforce the provisions of this act.
History: L. 2001, ch. 160, § 9; July 1.
(a) In addition to any other provision of this act or the Kansas water appropriation act, and subject to the provisions of subsection (b), the chief engineer may suspend the use of water under a term permit, an approved application for a permit to appropriate water for beneficial use, an appropriation right or a vested right, acquired pursuant to the provisions of the Kansas water appropriation act, for the failure to comply with the provisions of this act. The suspension may be for a defined period in a subsequent calendar year or years but does not include or prevent the enforcement of the terms, conditions and limitations of a water right or permit during the current year of use.
(b) The chief engineer shall suspend the use of water under a permit or water right pursuant to subsection (a) only upon notice and hearing in accordance with the provisions of the Kansas administrative procedure act.
(c) Orders of the chief engineer issued pursuant to this section are subject to review in accordance with the provisions of K.S.A. 82a-1901, and amendments thereto.
History: L. 2001, ch. 160, § 10; July 1.
Each water bank shall pay all costs incurred by the division and by the Kansas water office for assistance and services provided pursuant to this act, including, but not limited to, costs for personnel necessary to provide such assistance and services.
History: L. 2001, ch. 160, § 11; July 1.
(a) There is hereby created in the state treasury the water resources cost fund. The chief engineer shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the division to reimburse costs as required by K.S.A. 82a-771, and amendments thereto. Upon receipt, the state treasurer shall deposit the entire amount in the state treasury and credit it to the water resources cost fund.
(b) Moneys in the water resources cost fund shall be expended only for the division's costs of providing assistance and services as provided by this act.
(c) On or before the 10th
of each month, the director of accounts and reports shall transfer from the state general fund to the water resources cost fund interest earnings based on:
(1) The average daily balance of moneys in the water resources cost fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the water resources cost fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief engineer for the purposes set forth in this section.
History: L. 2001, ch. 160, § 12; July 1.
(a) There is hereby created in the state treasury the water office cost fund. The director of the Kansas water office shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the water office to reimburse costs as required by K.S.A. 82a-771, and amendments thereto. Upon receipt, the state treasurer shall deposit the entire amount in the state treasury and credit it to the water office cost fund.
(b) Moneys in the water office cost fund shall be expended only for the Kansas water office's costs of providing assistance and services as provided by this act.
(c) On or before the 10th
of each month, the director of accounts and reports shall transfer from the state general fund to the water office cost fund interest earnings based on:
(1) The average daily balance of moneys in the water office cost fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the water office cost fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office for the purposes set forth in this section.
History: L. 2001, ch. 160, § 13; July 1.
(a) For purposes of K.S.A. 82a-736 and 82a-764, and amendments thereto, a water right or any portion of a water right that has been deposited, enrolled or placed in a safe deposit account associated with a water bank established pursuant to the Kansas water banking act, K.S.A. 82a-761 et seq., and amendments thereto, shall not be eligible to be enrolled in a multi-year flex account that begins during a calendar year in which water from such water right or portion of a water right was withdrawn from a safe deposit account. Water from a water right that has been deposited, enrolled or placed in a safe deposit account associated with a water bank established pursuant to the Kansas water banking act, K.S.A. 82a-761 et seq., and amendments thereto, shall not be withdrawn from a safe deposit account while such water right is enrolled in a multi-year flex account.
(b) A water right shall be considered enrolled in a multi-year flex account until the end of the calendar year in which the multi-year flex account permit expires, even if the allocation under the multi-year flex account is exhausted prior to the expiration of the multi-year flex account permit.
History: L. 2023, ch. 76, § 2; May 4.
Revisor's Note: Sections transferred to 32-1101, 32-1102.
Revisor's Note: Sections transferred to 32-1110, 32-1111.
Revisor's Note: Section transferred to 32-1119.
History: L. 1959, ch. 321, § 5; Repealed, L. 1970, ch. 408, § 12; January 1, 1971.
Revisor's Note: Sections transferred to 32-1112, 32-1113.
Revisor's Note: Section transferred to 32-1148.
History: L. 1959, ch. 321, § 9; L. 1961, ch. 471, § 4; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Section transferred to 32-1125.
Revisor's Note: Sections transferred to 32-1126, 32-1127.
Revisor's Note: Sections transferred to 32-1177, 32-1178.
Revisor's Note: Section transferred to 32-1128.
Revisor's Note: Section transferred to 32-1149.
Revisor's Note: Section transferred to 32-1103.
History: L. 1959, ch. 321, § 16; L. 1970, ch. 408, § 8; L. 1988, ch. 366, § 47; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Section transferred to 32-1179.
Revisor's Note: Section transferred to 32-1173.
History: L. 1959, ch. 321, § 19; L. 1961, ch. 471, § 8; L. 1970, ch. 408, § 11; L. 1981, ch. 175, § 11; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Section transferred to 32-1166.
Revisor's Note: Section transferred to 32-1104.
Revisor's Note: Sections transferred to 32-1150, 32-1151.
History: L. 1967, ch. 514, § 3; Repealed, L. 1989, ch. 118, § 196; July 1.
Revisor's Note: Sections transferred to 32-1152 through 32-1154.
Revisor's Note: Section transferred to 32-1180.
Revisor's Note: Section transferred to 32-1155.
Revisor's Note: Sections transferred to 32-1131 through 32-1136.
Revisor's Note: Section transferred to 32-1130.
Revisor's Note: Section transferred to 32-1137.
History: L. 1963, ch. 514, § 1; Repealed, L. 1981, ch. 398, § 12; July 1.
The people of the state can best achieve the proper utilization and control of the water resources of the state through comprehensive planning which coordinates and provides guidance for the management, conservation and development of the state's water resources.
History: L. 1981, ch. 398, § 1; July 1.
The following words when used in this act, shall have the meaning ascribed in this section, except where the context clearly indicates a different meaning:
(a) "Person" means and includes a natural person, partnership, organization, association, private corporation, public corporation, any taxing district or political subdivision of the state, and any department or agency of the state government.
(b) "Public corporation" means a body that has for its object the government of a political subdivision of this state and includes any county, township, city, district, authority, or other municipal corporation or political subdivision of this state.
(c) "Federal government" means the United States of America or any department or agency thereof.
(d) "Office" means the Kansas water office.
History: L. 1963, ch. 514, § 2; L. 1981, ch. 398, § 2; L. 1984, ch. 379, § 1; July 1.
In accordance with the policies and long-range goals and objectives established by the legislature, the office shall formulate on a continuing basis a comprehensive state water plan for the management, conservation and development of the water resources of the state. Such state water plan shall include sections corresponding with water planning areas as determined by the office. The Kansas water office and the Kansas water authority shall seek advice from the general public and from committees consisting of individuals with knowledge of and interest in water issues in the water planning areas. The plan shall set forth the recommendations of the office for the management, conservation and development of the water resources of the state, including the general location, character, and extent of such existing and proposed projects, programs, and facilities as are necessary or desirable in the judgment of the office to accomplish such policies, goals and objectives. The plan shall specify standards for operation and management of such projects, programs, and facilities as are necessary or desirable. The plan shall be formulated and used for the general purpose of accomplishing the coordinated management, conservation and development of the water resources of the state. The division of water resources of the Kansas department of agriculture, state geological survey, the division of environment of the department of health and environment, department of wildlife and parks, Kansas department of agriculture division of conservation and all other interested state agencies shall cooperate with the office in formulation of such plan.
History: L. 1963, ch. 514, § 3; L. 1975, ch. 462, § 129; L. 1981, ch. 398, § 3; L. 1984, ch. 379, § 2; L. 1985, ch. 340, § 1; L. 1989, ch. 118, § 193; L. 2004, ch. 101, § 146; L. 2012, ch. 140, § 135; L. 2023, ch. 7, § 147; July 1.
History: L. 1963, ch. 514, § 3; L. 1975, ch. 462, § 129; L. 1981, ch. 398, § 3; L. 1984, ch. 379, § 2; L. 1985, ch. 340, § 1; L. 1989, ch. 118, § 193; L. 2004, ch. 101, § 146; L. 2012, ch. 47, § 134; Repealed, L. 2013, ch. 133, § 37; July 1.
History: L. 1963, ch. 514, § 4; L. 1981, ch. 398, § 4; Repealed, L. 1984, ch. 379, § 22; July 1.
Prior to the submission of the state water plan or any section thereof or any amendment thereto to the Kansas water authority, the legislature and the governor, the office shall hold public hearings at such place or places as may be convenient to the area affected, to consider the state water plan or one or more sections thereof or amendments thereto, and to hear protests or petitions of all interested persons. Notice of such hearing shall be published at least twice prior to such hearing in the Kansas register. The office shall send, by United States mail, a reasonable notice of hearing to (1) such agencies of the state as have an interest in the management, conservation and development of the water resources of the state, (2) the county clerk of each county affected by the proposed plan, (3) the agencies of the federal government having an interest in water resources management, conservation and development, and (4) such persons, public or private, as have requested notification in writing from the office. In addition, the office may send notice of a scheduled hearing to any person or persons it deems proper. The office shall furnish a summary of the proposed plan to those persons it is required by law to notify of a public hearing and to such other persons as request a summary. The records of hearings shall be public records and open for inspection at the Kansas water office. The office shall give due consideration to the matters presented at such public hearing and shall then present the plan to the Kansas water authority. Upon approval by the authority, the office shall submit the plan to the legislature and the governor. Provisions in this section concerning notice and summary shall be directive and not jurisdictional.
History: L. 1963, ch. 514, § 5; L. 1967, ch. 420, § 2; L. 1981, ch. 398, § 5; L. 1981, ch. 324, § 35; L. 1984, ch. 379, § 3; July 1.
The Kansas water office, with the approval of the Kansas water authority, annually shall submit to the legislature and to the governor an up-dated water plan containing recommendations which are necessary to achieve the long-range goals and objectives for the management, conservation and development of the waters of the state as set forth in K.S.A. 82a-927, and amendments thereto.
History: L. 1963, ch. 514, § 6; L. 1967, ch. 420, § 3; L. 1974, ch. 451, § 1; L. 1981, ch. 398, § 6; L. 1984, ch. 379, § 4; L. 1985, ch. 341, § 1; July 1.
In formulating the state water plan the office shall consider:
(a) The management, conservation and development of the water resources of the state for the benefit of the state as a whole;
(b) the benefits to be derived from development of reservoir sites for the combined purposes of flood control, water supply storage and recreation;
(c) the safeguards to public health, aquatic and animal life established by K.S.A. 65-161 to 65-171t, inclusive, and amendments thereto, and the Kansas water quality management plan approved and adopted as provided by chapter 351 of the 1979 Session Laws;
(d) the water development policies, whenever possible, consistent with the beneficial development of other natural resources;
(e) the public health and general welfare of the people of the state;
(f) all appropriation and other rights to the use of water that exist pursuant to the Kansas water appropriation act and the state water plan storage act;
(g) the interrelationship of groundwater and surface water supplies and the effects of evapotranspiration on water supply;
(h) the alternative plans, programs and projects in the interest of effective water resource management, conservation and development;
(i) the means and methods for the protection of aquatic and other wildlife;
(j) the use of waters to augment the flow of surface streams for the support of aquatic and other wildlife and to improve the water quality of the stream and to protect the public health;
(k) the inclusion of conservation storage in reservoir development and planning for the regulation of streamflow for the purpose of quality control, such inclusion not to serve as a substitute for methods of controlling wastes at their sources;
(l) the maintenance, preservation and protection of the sovereignty of the state over all the waters within the state;
(m) plans, projects and recommendations of public corporations, the federal government and state agencies prepared pursuant to statutory authority;
(n) plans, recommendations and projects of private associations or organizations as they relate to the water resources of the state;
(o) the need of the state to control storage in federal reservoirs by purchase or agreement; and
(p) such other matters as the office deems proper or desirable.
History: L. 1963, ch. 514, § 7; L. 1981, ch. 398, § 7; L. 1984, ch. 379, § 5; L. 1986, ch. 394, § 1; July 1.
History: L. 1963, ch. 514, § 8; L. 1984, ch. 379, § 6; Repealed, L. 1985, ch. 341, § 2; July 1.
History: L. 1963, ch. 514, § 9; L. 1984, ch. 379, § 7; L. 1986, ch. 395, § 1; Repealed, L. 1995, ch. 13, § 1; July 1.
(a) Subject to the approval of the Kansas water authority, the office may recommend to any agency of the federal government the inclusion in any proposed or authorized federal project of any conservation storage features for water supply that the office expects will be needed within the state in the future for the achievement of the purposes of this act and the office may extend to and procure for any agency of the federal government reasonable assurances and evidence that such expected future demands for the use of such storage will be made within a period of time which will permit payment of the costs allocated to such purposes within the life of the project, if such assurances have been authorized by the state water plan.
(b) When, in addition to actions taken under subsection (a), the office shall find it necessary or desirable for the achievement of the purposes of this act, the office may enter into agreements with the federal government for the repayment of costs for the inclusion of any conservation storage features for water supply that the office expects will be needed within the state in the future for achievement of such purposes if such agreements have been authorized by the state water plan and a person or persons have contracted for the use of a substantial portion of the recommended conservation storage and that such person or persons will use the water supply thereof within a period of time which will permit them to pay their proportionate share of the costs allocated to such needs within the life of the project.
(c) Any person wishing the office to make a recommendation for storage features for expected future water supply needs, as provided in subsection (a), may petition the office and show that it (1) has good reason to and does believe that it will have future needs for the use of the additional storage; (2) will request the use of such storage by a time and for a duration that will permit it to pay the costs allocated to such purposes within the life of the project; (3) will be able to repay to the state the costs of the requested storage features; and (4) will insure compliance with such maintenance and operational requirements in the use of the expected future water supply requested as the office shall direct for the achievement of the purposes of this act.
History: L. 1963, ch. 514, § 10; L. 1984, ch. 379, § 8; L. 1986, ch. 395, § 2; July 1.
In its discretion, either upon its own initiative or in response to a specific request, the office, subject to the approval of the Kansas water authority, may include in the state water plan recommendations for the inclusion at state expense of any conservation storage features for water supply in any proposed or authorized or constructed water development project of the federal government of any conservation storage features for water supply that in the opinion of the office will be needed within the state in the future to achieve the purposes of this act. Before making such recommendations the office shall find that (1) such recommended features are consistent with the state water plan; (2) the recommended features will achieve or tend to achieve the purposes of this act; (3) the federal government will not at its expense include those features for the purposes contemplated by the office under terms which would assure essential state control of the waters of the state or meeting of state objectives, which purposes may include maintenance and operational requirements in the use thereof that the office shall specify for achievement of the purposes of this act; and (4) in the future some responsible person or persons will have needs for the use of all or a portion of the recommended conservation storage and that such person or persons will request the use thereof within a period of time which will permit them to pay out their proportionate share of the costs allocated to such needs within the life of the project.
History: L. 1963, ch. 514, § 11; L. 1984, ch. 379, § 9; L. 1986, ch. 395, § 3; July 1.
History: L. 1963, ch. 514, § 12; L. 1984, ch. 379, § 10; Repealed, L. 1986, ch. 395, § 9; July 1.
When any recommendation is made pursuant to K.S.A. 82a-911, and amendments thereto, the same shall include a statement of (1) the portion of the state costs for which the state does not anticipate repayment of its expenditures; and (2) the part of the state costs for which the state does anticipate repayment for its expenditures.
History: L. 1963, ch. 514, § 13; L. 1986, ch. 395, § 4; July 1.
History: L. 1963, ch. 514, § 14; Repealed, L. 1974, ch. 452, § 22; March 22.
The office is hereby authorized to negotiate with the federal government relative to releases of water from projects or reservoirs and to enter into agreements with the federal government with respect to the operation of projects or reservoirs for the releases of water, if such agreements are recommended by the state water plan.
History: L. 1963, ch. 514, § 15; L. 1984, ch. 379, § 11; L. 1986, ch. 394, § 2; L. 1986, ch. 395, § 5; L. 1986, ch. 396, § 1; July 1.
History: L. 1963, ch. 514, §§ 16, 17; Repealed, L. 1974, ch. 452, § 22; March 22.
History: L. 1963, ch. 514, § 18; L. 1967, ch. 515, § 1; L. 1984, ch. 379, § 12; L. 1986, ch. 395, § 6; Repealed, L. 1995, ch. 13, § 1; July 1.
History: L. 1963, ch. 514, § 19; L. 1984, ch. 379, § 13; L. 1986, ch. 395, § 7; Repealed, L. 1995, ch. 13, § 1; July 1.
The office shall maintain in continuous process and revision tentative projected costs of water management projects for the coming years covering a total period of not less than 25 years, which projected costs the office shall submit with its annual budget request. In preparing such projections, the office shall include all items for which payment is expected to be made from state funds and anticipated revenues expected to be paid to the state.
History: L. 1963, ch. 514, § 20; L. 1984, ch. 379, § 14; L. 1986, ch. 395, § 8; July 1.
History: L. 1963, ch. 514, § 21; Repealed, L. 1974, ch. 452, § 22; March 22.
All expenditures from appropriations for the office shall be made in accordance with the applicable appropriation act upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or by a person or persons designated by the director.
History: L. 1963, ch. 514, § 22; L. 1974, ch. 452, § 21; L. 1984, ch. 379, § 15; July 1.
The office shall adopt, amend, promulgate, and enforce such rules and regulations as are necessary and proper to carry out the provisions of this act. Such rules and regulations shall be filed in the office of the secretary of state as provided by law. The Kansas water office may prepare and distribute, free or at cost, compilations of its rules and regulations.
History: L. 1963, ch. 514, § 23; L. 1984, ch. 379, § 16; L. 1988, ch. 366, § 48; June 1.
This act shall be construed liberally to effectuate the purposes hereof, and the enumeration of specific powers in this act shall not operate to restrict the meaning of any general grant of power contained in this act or to exclude other powers comprehended in such general grant.
History: L. 1963, ch. 514, § 24; April 23.
If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered, and it shall be presumed that the legislature would have enacted this law with the omission of the section, subsection, or clause held to be invalid.
History: L. 1963, ch. 514, § 25; April 23.
History: L. 1963, ch. 514, § 26; L. 1981, ch. 398, § 8; Repealed, L. 1984, ch. 379, § 22; July 1.
The long-range goals and objectives of the state of Kansas for management, conservation and development of the waters of the state, are hereby declared to be:
(a) The development, to meet the anticipated future needs of the people of the state, of sufficient supplies of water for beneficial purposes;
(b) the reduction of damaging floods and of losses resulting from floods;
(c) the protection and the improvement of the quality of the water supplies of the state;
(d) the sound management, both public and private, of the atmospheric, surface, and groundwater supplies of the state;
(e) the prevention of the waste of the water supplies of the state;
(f) the prevention of the pollution of the water supplies of the state;
(g) the efficient, economic distribution of the water supplies of the state;
(h) the sound coordination of the development of the water resources of the state with the development of the other resources of the state; and
(i) the protection of the public interest through the conservation of the water resources of the state in a technologically and economically feasible manner.
History: L. 1965, ch. 558, § 1; L. 1981, ch. 398, § 9; L. 1986, ch. 392, § 4; July 1.
The policies of the state of Kansas that are deemed desirable for the achievement of the long-range goals and objectives as set forth in K.S.A. 82a-927, and amendments thereto, and that shall serve as guidelines for public corporations and all agencies of the state, relative to their responsibilities with respect to the water resources of the state whenever physical and economic conditions permit, are hereby declared to be:
(a) The utilization of nonstructural methods, including floodplain regulation, and structural measures for the reduction of flood damage;
(b) the design of proposed levees and dikes so as to reduce flood risks in agricultural areas to a chance of occurrence in any one year of 10% or less;
(c) the design of proposed levees and dikes so as to reduce flood risks in urban areas to a chance of occurrence in any one year of 1% or less;
(d) the design of proposed storage structures for the protection of agricultural areas so as to provide sufficient capacity to control the volume of a flood having a chance of occurrence in any one year of 4% or less;
(e) the design of proposed storage structures for the protection of urban areas to provide sufficient capacity to control the volume of a flood having a chance of occurrence in any one year of 2% or less;
(f) the development of adequate water storage to meet, as nearly as practicable, present and anticipated water uses through planning and construction of multipurpose reservoirs and through the acquisition from the federal government of storage in federal reservoirs and by agreements with the federal government regarding the use of storage;
(g) the inclusion in publicly financed structures for the conservation, management and development of the water resources of the state of reasonable amounts of storage capacity for the regulation of the low flows of the watercourses of the state;
(h) the achievement of the primary drinking water standards promulgated by the secretary of health and environment pursuant to K.S.A. 65-171m, and amendments thereto;
(i) the identification of minimum desirable streamflows to preserve, maintain or enhance baseflows for in-stream water uses relative to water quality, fish, wildlife, aquatic life, recreation, general aesthetics and domestic uses and for the protection of existing water rights;
(j) the maintenance of the surface waters of the state within the water quality standards adopted by the secretary of health and environment as provided by K.S.A. 65-164 to 65-171t, inclusive, and amendments thereto;
(k) the protection of the quality of the groundwaters of the state as provided by the Kansas groundwater exploration and protection act and other acts relating thereto;
(l) the management of the groundwaters of the state as provided by the Kansas water appropriation act and the provisions of K.S.A. 82a-1020 to 82a-1040, inclusive, and amendments thereto;
(m) the provision of financial and technical assistance to public corporations concerned with management, conservation and development of water resources;
(n) the review and coordination of financial assistance for research that may be provided by federal or state agencies to public corporations concerned with management, conservation and development of water resources to prevent duplication of effort;
(o) the development of groundwater recharge projects;
(p) the encouragement of local initiative in the planning, implementation, funding and operation of local water programs to the extent that the same are supportive of state water programs;
(q) the design of municipal water systems to provide an adequate water supply to meet the needs during a drought having a 2% chance of occurrence; and
(r) the encouragement of the use of agricultural soil and water conservation practices and structures to control erosion and to effectively utilize precipitation and runoff.
History: L. 1965, ch. 558, § 2; L. 1981, ch. 398, § 10; L. 1986, ch. 394, § 3; L. 1987, ch. 402, § 3; July 1.
The state of Kansas hereby recognizes its responsibility and jurisdiction to protect, conserve, and control all waters affecting the people of the state, including those waters impounded in projects constructed pursuant to programs of the federal government.
History: L. 1965, ch. 558, § 3; May 12.
The state of Kansas hereby recognizes its responsibility and jurisdiction to operate and to manage those water conservation features financed by the state, and it recognizes its duty to fulfill its responsibility and to exercise its jurisdiction through either direct action or contractual delegation and in accordance with any agreements made between the state and any operating person or agency: Provided, however, That the provisions of this section shall not be deemed to apply to flood control features.
History: L. 1965, ch. 558, § 4; May 12.
As a matter of basic policy concerning the water resources of the state, the state of Kansas hereby declares its intention to coordinate state planning with local and national planning and, in safeguarding the interests of the state and its people, to undertake the resolution of any conflicts that may arise between the water policies, plans, and projects of the federal government and the water policies, plans, and projects of the state and its people.
History: L. 1965, ch. 558, § 5; May 12.
The office shall enter into negotiations and agreements with the federal government relative to the operation of, or the release of water from, any project that has been authorized or constructed by the federal government when the Kansas water authority shall deem such negotiations and agreements to be necessary for the achievement of the policies of the state of Kansas relative to the water resources thereof.
History: L. 1965, ch. 558, § 6; L. 1984, ch. 379, § 17; July 1.
The office may provide evidence of need to any agency of the federal government relative to the inclusion in any proposed or authorized water resource project of any conservation storage features for water supply that the office anticipates will be needed in the future.
History: L. 1965, ch. 558, § 7; L. 1984, ch. 379, § 18; July 1.
The office, on behalf of the state, shall enter into negotiations and agreements with the federal government relative to the inclusion or the purchase of, and the payment for, conservation storage features for water supply in any project that has been planned, authorized or constructed by the federal government when the Kansas water authority shall deem such negotiations and agreements to be necessary for the achievement of the policies of the state of Kansas relative to the water resources thereof. Such agreements shall be binding upon the state to the extent that future appropriations are made in support thereof. Subject to the foregoing, any agreement made under this section may provide that a portion of the reimbursement cost shall include any payment made by the United States to third parties as a result of the finding of liability by a court of competent jurisdiction or by settlement arising out of the use of the water storage space and the release therefrom, except that no reimbursement shall be made to the extent that the liability arises from the sole fault of the United States.
History: L. 1965, ch. 558, § 8; L. 1973, ch. 416, § 1; L. 1979, ch. 186, § 32; L. 1984, ch. 379, § 19; L. 1985, ch. 342, § 11; July 1.
History: L. 1965, ch. 558, §§ 9 to 11; Repealed, L. 1974, ch. 452, § 22; March 22.
History: L. 1965, ch. 558, § 12; L. 1967, ch. 516, § 1; L. 1969, ch. 482, § 1; L. 1971, ch. 334, § 1; L. 1974, ch. 453, § 1; L. 1976, ch. 439, § 1; L. 1977, ch. 357, § 1; L. 1982, ch. 437, § 1; Repealed, L. 1986, ch. 395, § 9; July 1.
History: L. 1965, ch. 558, § 13; L. 1967, ch. 516, § 2; L. 1969, ch. 482, § 2; L. 1971, ch. 334, § 2; L. 1974, ch. 453, § 2; L. 1977, ch. 357, § 2; Repealed, L. 1986, ch. 395, § 9; July 1.
History: L. 1965, ch. 558, § 14; Repealed, L. 1984, ch. 379, § 22; July 1.
It is hereby declared to be a policy of the state of Kansas that all agencies of the state having responsibilities affecting the water resources of the state shall, insofar as circumstances permit, carry on basic data collection, research, and analyses concerning climate, streamflow, water quality, groundwater levels, character and geographical extent of groundwater reservoirs and their relation to both surface and underground waters, interrelation of surface and groundwaters, methods and techniques for recharging groundwater reservoirs, probable yields from surface and groundwater reservoirs, seepage and evapotranspiration losses, and such other matters that relate to the water resources of the state, and those agencies shall direct their attention to the problems of water distribution, quality, pollution, supply variability, floods, and supply in relation to demand.
History: L. 1965, ch. 558, § 15; May 12.
Nothing in this act shall be deemed as an addition to, or an impairment of, any rights, powers, or jurisdiction of the United States, or those acting by or under its authority, with respect to the water resources of the state.
History: L. 1965, ch. 558, § 16; May 12.
This act shall be construed liberally to effectuate the purposes hereof.
History: L. 1965, ch. 558, § 17; May 12.
If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been entered, and it shall be presumed that the legislature would have enacted this law with the omission of the section, subsection, or clause held to be invalid.
History: L. 1965, ch. 558, § 18; May 12.
History: L. 1965, ch. 558, § 19; Repealed, L. 1984, ch. 379, § 22; July 1.
History: L. 1965, ch. 558, § 20; Repealed, L. 1984, ch. 379, § 22; July 1.
The provisions of sections 1 to 20, inclusive, of this act and of K.S.A. 82a-901 to 82a-945, inclusive, and any acts amendatory thereof or supplemental thereto, shall be known and may be cited as the "state water resource planning act."
History: L. 1984, ch. 379, § 20; July 1.
History: L. 1984, ch. 376, § 1; Repealed, L. 1985, ch. 338, § 3; July 1.
(a) There is hereby created, in the state treasury, the state water plan fund. All moneys in the state water plan fund shall be expended in accordance with appropriations acts for implementation of the state water plan formulated pursuant to K.S.A. 82a-903 et seq., and amendments thereto. Except as provided in K.S.A. 2025 Supp. 82a-955, and amendments thereto, such moneys shall be used only for the establishment and implementation of water-related projects or programs, and related technical assistance, and shall not be used for: (1) Replacing full time equivalent positions of any state agency; or (2) recreational projects which do not meet one or more of the long-range goals, objectives and considerations set forth in the state water resource planning act.
(b) On or before December 1 of each year, the Kansas water authority shall submit to the governor and the legislature a report setting out: (1) An account of all moneys expended from the state water plan fund, the water technical assistance fund and the water projects grant fund during each such fiscal year; and (2) a five-year capital development plan for state water plan projects.
History: L. 1989, ch. 186, § 34; L. 2023, ch. 59, § 6; April 27.
On and after July 1, 1989, all moneys collected from penalties imposed pursuant to K.S.A. 65-170d, 65-171s, 65-3419 or 65-3446, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state water plan fund created by K.S.A. 82a-951, and amendments thereto.
History: L. 1989, ch. 186, § 29; L. 2001, ch. 5, § 472; July 1.
History: L. 1989, ch. 186, § 33; L. 1990, ch. 28, § 19; L. 1992, ch. 327, § 87; Repealed, L. 1993, ch. 292, § 88; June 10.
During each fiscal year, the director of accounts and reports shall transfer $6,000,000 from the state general fund to the state water plan fund created by K.S.A. 82a-951, and amendments thereto,
1/2
of such amount to be transferred on July 15 and
1/2
to be transferred on January 15. During the fiscal year ending June 30, 2022, the transfer shall not exceed $4,005,632.
History: L. 1989, ch. 186, § 33; L. 1990, ch. 28, § 19; L. 1990, ch. 350, § 12; L. 1993, ch. 292, § 76; L. 1994, ch. 297, § 11; L. 2000, ch. 130, § 107; L. 2002, ch. 204, § 165; L. 2003, ch. 138, § 131; L. 2004, ch. 165, § 3; L. 2005, ch. 206, § 88; L. 2006, ch. 142, § 164; L. 2007, ch. 167, § 201; L. 2009, ch. 2, § 93; L. 2009, ch. 124, § 146; L. 2010, ch. 165, § 158; L. 2011, ch. 118, § 190; L. 2012, ch. 175, § 168; L. 2013, ch. 136, § 281; L. 2015, ch. 104, § 250; L. 2017, ch. 104, § 243; L. 2018, ch. 109, § 128; L. 2019, ch. 68, § 182; L. 2020, ch. 5, § 172; L. 2021, ch. 98, § 190; May 17.
(a) On and after July 1, 1989, there is hereby imposed a water protection fee at the rate of:
(1) Three cents per 1,000 gallons of water sold at retail by a public water supply system and delivered through mains, lines or pipes;
(2) subject to the provisions of subsection (c), three cents per 1,000 gallons of water appropriated for industrial use pursuant to a permit granted in accordance with the Kansas water appropriation act; and
(3) three cents per 1,000 gallons of water appropriated for stockwatering pursuant to a permit granted in accordance with the Kansas water appropriation act.
(b) As used in this section, "industrial use" and "stockwatering" have the meanings provided by rules and regulations of the chief engineer of the division of water resources of the Kansas department of agriculture and the determination of gallons used shall be based upon figures supplied to the secretary of revenue by the division of water resources.
(c) The fees imposed by subsections (a)(2) and (3) shall be based on the actual amount used for industrial use or stockwatering during the preceding calendar year as reported to the chief engineer of the division of water resources of the Kansas department of agriculture in accordance with the provisions of K.S.A. 82a-732, and amendments thereto, except that: (1) The amount of surface water used for flow through cooling purposes for electric power generating plants shall be based on an average consumptive factor as determined by the division of water resources; and (2) no such fee shall be imposed on the amount of water used for commercial fish farming. If no water use report is filed for such year, the fee shall be based on the amount authorized for industrial use or stockwatering in such year.
(d) The fee imposed by subsection (a)(1) shall be paid quarterly by the public water supplier and shall be transmitted to the department of revenue not later than 45 days following the end of each quarter. The public water supplier may collect the fee directly from each consumer to which water is sold at retail or may pay the amount owed to the department from moneys in its operating or other fund available for that purpose. The fees imposed by subsections (a)(2) and (3) shall be paid by the owner of the permit. If any retailer or permit owner fails to pay the fee required to be collected and paid under this section, there shall be added, to the unpaid balance of the fee, penalty and interest as prescribed under K.S.A. 79-3615, and amendments thereto, for the late payment of sales tax.
(e) The director of taxation shall administer, enforce and collect the fees imposed by this section. All laws and rules and regulations of the secretary relating to the administration, enforcement and collection of the retailers' sales tax shall apply to such fee insofar as they can be made applicable, and the secretary shall adopt such additional rules and regulations as necessary for the efficient and effective administration, enforcement and collection thereof.
(f) The director of taxation shall remit all moneys collected from fees imposed pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state water plan fund created by K.S.A. 82a-951, and amendments thereto.
(g) An owner of an industrial use permit who has a contract with the state for withdrawal and use of water pursuant to K.S.A. 82a-1301 et seq., and amendments thereto, shall be exempt from the fee imposed by subsection (a)(2) on any water for which the permit owner is required to pay charges under such contract.
History: L. 1989, ch. 186, § 26; L. 2001, ch. 5, § 473; L. 2004, ch. 101, § 147; July 1.
(a) On July 1, 2024, the director of accounts and reports shall transfer $45,000,000 from the state general fund to the state water plan fund. On July 1, 2025, and July 1, 2026, the director of accounts and reports shall transfer $35,000,000 from the state general fund to the state water plan fund. It is the intent of the legislature to provide for the transfer of $35,000,000 from the state general fund to the state water plan fund on July 1, 2027.
(b) (1) The state water plan fund shall continue to be appropriated and expended for the purposes prescribed in K.S.A. 82a-951, and amendments thereto, except that if an appropriation is made for any fiscal year as intended in subsection (a), on July 1, 2025, and July 1, 2026, or as soon thereafter on such dates as moneys are available:
(A) $5,500,000 shall be transferred from the state water plan fund to the water technical assistance fund established in K.S.A. 2025 Supp. 82a-956, and amendments thereto; and
(B) $12,500,000 shall be transferred from the state water plan fund to the water projects grant fund established in K.S.A. 2025 Supp. 82a-957, and amendments thereto.
(2) The provisions of this section shall expire on July 1, 2028. On July 1, 2028, the director of accounts and reports shall transfer all moneys in the water technical assistance fund and the water projects grant fund to the state water plan fund and all liabilities of the water technical assistance fund and the water projects grant fund shall be imposed upon the state water plan fund. On July 1, 2028, the water technical assistance fund and the water projects grant fund shall be abolished.
(c) (1) (A) Notwithstanding any restrictions in K.S.A. 82a-951, and amendments thereto, the Kansas water authority may recommend to the legislature the appropriation of up to 10% of the unencumbered balance of the state water plan fund to be used to supplement salaries of existing state agency full-time equivalent employees and for funding new full-time equivalent positions created to implement the state water plan. Moneys from such appropriation may be used to supplement existing positions, but such moneys shall not be used to replace state general fund moneys, any fee fund moneys or other funding for positions existing on July 1, 2023.
(B) Eligible full-time equivalent positions that moneys may be used for pursuant to this paragraph include engineers, geologists, hydrologists, environmental scientists, attorneys, resource planners, grant specialists and any other similar positions.
(2) If at least two conservation districts present a joint proposal to the Kansas water authority for a position or positions to provide shared services to all districts involved in such proposal, the Kansas water authority may recommend that moneys be used to supplement the salary or salaries of such position or positions pursuant to paragraph (1).
(3) The Kansas water authority shall encourage funding requests from state and local entities that cooperate with qualified nonprofit entities on projects that provide a direct benefit to water quantity and quality, including water infrastructures that are both natural and constructed, and include matching funds from non-state sources.
(4) The Kansas water authority may direct the Kansas water office to provide funding pursuant to K.S.A. 2025 Supp. 82a-956 or 82a-957, and amendments thereto, for the improvement of water infrastructure in an unincorporated area related to or serving a national park site or state historic site if the request for funding is made by a nonprofit organization or state agency that is willing to administer the moneys and oversee the project, and the Kansas water authority deems such applicant capable of successfully managing the project. Upon receipt of such a request, the Kansas water office may award moneys in any fiscal year prior to July 1, 2028, with such awarding of moneys to be made at the discretion of the Kansas water office.
(5) The Kansas water authority shall encourage the creation of grant programs for stockwatering conservation projects. Such grant programs shall prioritize the use of fees collected pursuant to K.S.A. 82a-954(a)(3), and amendments thereto.
(d) All reporting requirements established in K.S.A. 82a-951, and amendments thereto, shall continue and such reporting requirements shall apply to the water technical assistance fund established in K.S.A. 2025 Supp. 82a-956, and amendments thereto, and the water projects grant fund established in K.S.A. 2025 Supp. 82a-957, and amendments thereto.
History: L. 2023, ch. 59, § 3; L. 2024, ch. 88, § 193; L. 2024, ch. 110, § 66; L. 2025, ch. 117, § 208; April 25.
(a) (1) There is hereby established in the state treasury the water technical assistance fund. The fund shall be administered by the Kansas water office. Expenditures from such fund shall be used for the purposes described in subsection (b). All expenditures shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office, or such director's designee.
(2) Whenever the unencumbered balance of the water technical assistance fund exceeds $15,000,000, such excess moneys may be recommended for appropriation by the Kansas water authority for the same purposes as any other moneys in the state water plan fund are appropriated.
(b) (1) The water technical assistance fund shall be used by the Kansas water office to provide grants for the planning, engineering, managing and other technical assistance that may be necessary in the development of plans for water infrastructure projects or for processing the grant and loan applications for such water infrastructure projects. The Kansas water office may offer services directly, provide funding to other organizations to provide such services at no cost to a municipality or special district related to water or the Kansas water office may provide grants directly to applicants to cover expenses related to the hiring of such technical assistance.
(2) Any municipality or special district related to water organized under the laws of the state of Kansas may apply for a grant, and the Kansas water office is authorized to award full or partial grants to such applicants. Municipalities with fewer than 2,000 residents shall be prioritized for the awarding of full grants. Watershed districts, conservation districts, groundwater management districts and all special districts related to water shall not be prioritized for the awarding of full grants for the purposes of this section.
(c) The Kansas water office shall adopt rules and regulations to establish any necessary criteria for administering the water technical assistance fund and awarding grants for technical assistance. Such criteria shall include, but not be limited to, factors applicable to:
(1) Municipalities of different populations including the prioritization of small municipalities as required by subsection (b)(2). Such factors may include, but not be limited to, public health, socio-economic factors and the ability for a municipality to repay any loans without grant assistance; and
(2) special districts such as watershed districts, conservation districts, groundwater management districts, rural water districts and any other similar districts formed for a special or single purpose related to water.
(d) No single grant awarded for technical assistance pursuant to this section shall exceed $1,000,000 unless specified by any appropriation act of the Kansas legislature.
History: L. 2023, ch. 59, § 4; April 27.
(a) (1) There is hereby established in the state treasury the water projects grant fund. The fund shall be administered by the Kansas water office. Expenditures from such fund shall be used for the purposes described in subsection (b). All expenditures shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office, or such director's designee.
(2) Whenever the unencumbered balance of the water projects grant fund exceeds $35,000,000, the director of the Kansas water office shall certify such excess amount to the director of accounts and reports. Upon receipt of such certification, the director of accounts and reports shall transfer the certified excess amount from the water projects grant fund to the state general fund.
(b) The Kansas water office may provide full or partial funding in the form of grants to any municipality or special district related to water established pursuant to the laws of the state of Kansas for the following:
(1) Construction, repair, maintenance or replacement of water-related infrastructures and any related construction costs;
(2) matching moneys for grant or loan applications for water-related infrastructure projects; and
(3) grants that may be applied to an outstanding loan balance from the public water supply loan fund established in K.S.A. 65-163e, and amendments thereto, or the Kansas pollution control revolving fund established in K.S.A. 65-3322, and amendments thereto, subject to the provisions of subsection (c).
(c) The Kansas water office shall adopt rules and regulations to establish any necessary criteria for grants from the water projects grant fund. Such rules and regulations shall include any necessary criteria that may be applied to the selection of projects with outstanding loan balances from the public water supply loan fund established in K.S.A. 65-163e, and amendments thereto, or the Kansas pollution control revolving fund established in K.S.A. 65-3322, and amendments thereto. Such criteria shall be based on the following factors:
(1) The planned construction on the project with the outstanding loan balance is complete;
(2) the municipality or special district has made at least five years of payments on such project loans;
(3) awarding grants that provide repayment of up to:
(A) 90% of any remaining project loan balance for cities with fewer than 2,000 residents;
(B) 75% of any remaining project loan balance for cities with fewer than 5,000 residents;
(C) 50% of any remaining project loan balance for cities with fewer than 10,000 residents; and
(D) 25% of any remaining project loan balance for all other cities in Kansas; and
(4) any other relevant criteria including, but not limited to, the socio-economic status of the residents of any municipality, public health and the ability of any municipality to repay a loan without further assistance.
(d) No single grant awarded for a project pursuant to this section shall be greater than $8,000,000 unless specified by any appropriation act of the Kansas legislature.
(e) The Kansas water office and the department of health and environment shall coordinate the sharing of information regarding applicants for loans from the public water supply loan fund established in K.S.A. 65-163e, and amendments thereto, and the Kansas pollution control revolving fund established in K.S.A. 65-3322, and amendments thereto, and shall take into consideration the approval or likely approval of a grant by the Kansas water office when considering the eligibility of any municipality to receive moneys from such funds.
History: L. 2023, ch. 59, § 5; April 27.
(a) There is hereby established the water program task force. The task force shall consist of:
(1) The following 13 voting members:
(A) The chair of the house of representatives committee on water or the chair's designee;
(B) the chair of the house of representatives committee on agriculture and natural resources or the chair's designee;
(C) the chair of the senate committee on agriculture and natural resources or the chair's designee;
(D) the ranking minority member of the house of representatives committee on water or the ranking member's designee;
(E) the ranking minority member of the senate agriculture and natural resources committee or the ranking member's designee;
(F) one member of the house of representatives who does not sit on the committee on water or the committee on agriculture and natural resources appointed by the speaker of the house of representatives;
(G) one member of the senate who does not sit on the committee on agriculture and natural resources appointed by the president of the senate;
(H) four Kansas residents jointly appointed by the speaker of the house of representatives and the president of the senate; and
(I) two Kansas residents jointly appointed by the minority leader of the house of representatives and the minority leader of the senate; and
(2) the following three nonvoting ex officio members:
(A) The director of the bureau of water of the department of health and environment;
(B) the director of the Kansas water office; and
(C) the chief engineer of the Kansas department of agriculture division of water resources.
(b) Each voting member of the task force who is not a member of the legislature shall represent at least one of the following stakeholders:
(1) A Kansas employer with a vested water right;
(2) a commercial user of a municipal or industrial water right;
(3) an agricultural producer;
(4) an economic development organization;
(5) a water utility;
(6) a resident Kansas Indian tribe, Potawatomi, Kickapoo, Iowa or Sac and Fox;
(7) a rural water district;
(8) a local conservation district;
(9) an organization that focuses on environmental or wildlife protection or conservation;
(10) a local water management district;
(11) the Kansas agricultural banking or appraisal industry;
(12) a student at a state educational institution engaged in a course of study related to water;
(13) a Kansas municipality;
(14) a provider of natural resources education;
(15) the Kansas agricultural commodity associations;
(16) the Kansas water authority or regional advisory committee;
(17) the Kansas livestock industry; or
(18) the Kansas grain and feed industry.
(c) (1) Members of the task force shall be residents of Kansas. The task force shall consist of at least one member from each of the five conservation regions of the state. Not more than two members of the task force who are not members of the legislature shall represent the same stakeholder enumerated in subsection (b).
(2) The speaker of the house of representatives and the president of the senate shall ensure that the requirements of paragraph (1) are met.
(d) Members of the task force shall be appointed by April 30, 2025. Any vacancy in the membership of the task force shall be filled by appointment in the same manner prescribed by this section for the original appointment.
(e) The speaker of the house of representatives shall select one member of the task force who is a member of the house of representatives to serve as co-chairperson of the task force. The president of the senate shall select one member of the task force who is a member of the senate to serve as co-chairperson of the task force.
(f) (1) The task force may meet at any time and at any place within the state upon the call of either co-chairperson.
(2) A majority of voting members shall constitute a quorum of the task force. All actions of the task force may be taken by a majority of members present when there is a quorum.
(3) If approved by the legislative coordinating council, members of the task force attending meetings authorized by the task force shall be paid amounts for expenses, mileage and subsistence as provided in K.S.A. 75-3223(e), and amendments thereto.
(4) The staff of the office of revisor of statutes, the legislative research department and the division of legislative administrative services shall provide such assistance as may be requested by the task force.
(g) The water program task force shall:
(1) Evaluate major risks to the quality and quantity of the state's water supply, including any impact on current and future economic growth and population stability;
(2) steps that the state must take to define and achieve a future supply of water for Kansans; and
(3) evaluate current funding for water in the state and determine whether such funding is sufficient to address the water issues included in the state water plan, including the state's current and future water infrastructure needs.
(h) The task force shall prepare and submit a preliminary report on or before January 31, 2026, and a final report on or before January 31, 2027, to the house of representatives committees on agriculture and natural resources and water and the senate committee on agriculture and natural resources or any successor committees and the governor. Such reports shall include recommendations on:
(1) The water program's long-term structure to address the state's current and future water needs, including, but not limited to:
(A) The roles and responsibilities of the state, municipalities and regional entities;
(B) how the program's investments and successes should be evaluated, including gathering any stakeholder input; and
(C) criteria to determine program investments, including geographic diversity of such investments; and
(2) funding for the water program, including, but not limited to:
(A) New dedicated moneys or investments for the state water plan fund;
(B) changes to any existing fees or moneys dedicated to the state water plan fund; and
(C) any additional funding sources or tools necessary to ensure that the financial resources are adequate to address the state's water issues.
(i) (1) On or before June 30, 2025, the co-chairs of the task force shall jointly appoint five individuals to a water planning work group. Such individuals may be members of the water program task force but are not required to be members of the task force. The individuals shall be attorneys, engineers, hydrologists, natural resource planners or others with relevant experience with Kansas water issues.
(2) The work group shall meet regularly as may be necessary to conduct a study of the state water resource planning act, K.S.A. 82a-901 et seq., and amendments thereto, and develop draft legislation that proposes modernization of such act. The work group shall work under the direction of the task force and submit ongoing reports to the task force relating to:
(A) How the state water plan is created;
(B) what the state water plan should prioritize;
(C) how the state water plan is implemented;
(D) how recommendations for state water plan appropriations are made to the legislature;
(E) any future studies that might be undertaken; and
(F) any other related or relevant matters.
(3) If approved by the legislative coordinating council, members of the work group shall be paid amounts for expenses, mileage and subsistence as provided in K.S.A. 75-3223(e), and amendments thereto.
(4) The staff of the office of revisor of statutes, the legislative research department and the division of legislative administrative services shall provide such assistance as may be requested by the work group.
(5) Any state agency or entity that is involved in the management or study of water in Kansas shall provide information and support to the work group upon request.
(j) This section shall expire on July 1, 2027.
History: L. 2025, ch. 63, § 1; April 24.
History: L. 1968, ch. 403, §§ 1 to 19; Repealed, L. 1972, ch. 386, § 17; July 1.
It is hereby recognized that a need exists for the creation of special districts for the proper management of the groundwater resources of the state; for the conservation of groundwater resources; for the prevention of economic deterioration; for associated endeavors within the state of Kansas through the stabilization of agriculture; and to secure for Kansas the benefit of its fertile soils and favorable location with respect to national and world markets. It is the policy of this act to preserve basic water use doctrine and to establish the right of local water users to determine their destiny with respect to the use of the groundwater insofar as it does not conflict with the basic laws and policies of the state of Kansas. It is, therefore, declared that in the public interest it is necessary and advisable to permit the establishment of groundwater management districts.
History: L. 1972, ch. 386, § 1; July 1.
(a) As used in this section:
(1) "Aquifer" means any geological formation capable of yielding water in sufficient quantities that it can be extracted for beneficial purposes.
(2) "Board" means the board of directors constituting the governing body of a groundwater management district.
(3) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.
(4) "District" means a contiguous area which overlies one or more aquifers, together with any area in between, which is organized for groundwater management purposes under this act and acts amendatory thereof or supplemental thereto.
(5) "Eligible voter" means a natural person 18 years of age or older, or a public or private corporation, municipality or any other legal or commercial entity that:
(A) Is a landowner that owns, of record, any land, or any interest in land, comprising 40 or more contiguous acres located within the boundaries of the district and not within the corporate limits of any municipality; or
(B) withdraws or uses groundwater from within the boundaries of the district in an amount of one acre-foot or more per year.
(6) "Land" means real property as that term is defined by the laws of the state of Kansas.
(7) "Landowner" means the person who is the record owner of any real estate within the boundaries of the district or who has an interest therein as contract purchaser of 40 or more contiguous acres in the district not within the corporate limits of any municipality. Owners of oil leases, gas leases, mineral rights, easements, or mortgages shall not be considered landowners by reason of such ownership.
(8) "Management program" means a written report describing the characteristics of the district and the nature and methods of dealing with groundwater supply problems within the district. It shall include information as to the groundwater management program to be undertaken by the district and such maps, geological information, and other data as may be necessary for the formulation of such a program.
(9) "Person" means any natural person, public or private corporation, municipality or any other legal or commercial entity.
(10) "Water right" shall have the meaning ascribed to that term in K.S.A. 82a-701, and amendments thereto.
(11) "Water user" means any person who is withdrawing or using groundwater from within the boundaries of the district in an amount not less than one acre-foot per year. If a municipality is a water user within the district, it shall represent all persons within its corporate limits who are not water users as defined above.
(b) Each tract of land of 40 or more contiguous acres and each quantity of water withdrawn or used in an amount of one acre-foot or more per year shall be represented by but a single eligible voter. If the land is held by lease, under an estate for years, under contract, or otherwise, the fee owner shall be the one entitled to vote, unless the parties in interest agree otherwise. If the land is held jointly or in common, the majority in interest shall determine which natural person or corporation shall be entitled to vote. Each eligible voter, or such eligible voter's duly authorized representative, shall be entitled to cast only one vote per eligible voter. Nothing herein shall be construed to authorize proxy voting.
(c) Any landowner who is not a water user may have such landowner's land excluded from any district assessments and thereby abandon the right to vote on district matters by serving a written notice of election of exclusion with the steering committee or the board. Such landowner may again become an eligible voter by becoming a water user or by serving a written notice of inclusion on the board stating that the landowner has elected to be reinstated as a voting member of the district and will be subject to district assessments.
(d) Any eligible voter who is the owner of a tract or tracts of land comprising not less than 640 acres, located within the boundaries of the district, on which no water is being used or from which no water is being withdrawn, may have such tract or tracts of land excluded from district assessment in the manner described above.
(e) All notices of inclusion or exclusion of land shall be submitted to the board not later than January 1 of the effective year.
History: L. 1972, ch. 386, § 2; L. 2004, ch. 101, § 148; L. 2011, ch. 67, § 2; July 1.
Proceedings to organize a groundwater management district shall be commenced by filing with the chief engineer a declaration of intent to form a district, signed by not less than fifteen (15) eligible voters of the proposed district. The seven (7) eligible voters first signing the declaration shall be the steering committee of the proposed district. The person first signing the declaration shall be chairman of the steering committee, and the second signer shall be the secretary. At the time of filing the declaration of intent, the steering committee shall also submit to the chief engineer a map of the proposed district. The chief engineer shall, in consultation with the steering committee, make any necessary modifications in the map of the proposed district so that, in the opinion of the chief engineer, a manageable area will result. After such modifications are made, the chief engineer shall certify to the steering committee, a description of the lands to be included within the proposed district.
History: L. 1972, ch. 386, § 3; July 1.
(a) Within 12 months after certification of the description of the lands to be included within the proposed district, and before any groundwater management district shall be organized, a petition shall be circulated by the steering committee and filed with the secretary of state after being signed by not less than 50 eligible voters or 50% of the eligible voters of the district, whichever is the smaller.
(b) The petition shall set forth:
(1) The proposed name of the district, which name shall end with the words "groundwater management district No. ______." It shall be the duty of the secretary of state to assign a number to each such district in the order in which petitions for organizations are received in his or her office.
(2) A description of the lands to be included within the proposed district identified by township, range, and section numbers and fractions thereof, and other areas as appropriate and a map showing the contiguous lands to be included in the district.
(3) A statement of the purposes for which the district is to be organized.
(4) A statement of the number of persons that will constitute the elected board of directors of the district, which shall be an uneven number of not less than three or more than 15.
(5) The names and addresses of the persons who constitute the steering committee.
(6) A prayer for the organization and incorporation of the district.
(7) Any other matter deemed essential by the steering committee.
(c) The petition shall be in substantially the following form:
"Before the secretary of state of the state of Kansas in the matter of the proposed ______________ groundwater management district No. ______, in ______________ county, (counties), Kansas.
PETITION
"Come now the undersigned persons and state that (1) they are eligible voters of the aforenamed groundwater management district, hereinafter more fully described; (2) each signer's post-office address is set forth beside the signer's name; (3) the purposes for which this district is organized are: (statement of purposes); (4) a seven-member steering committee for the organization of the district has been established; (5) the names of persons who serve on the steering committee, of which the first named shall be chairman, and their respective addresses are as follows: (list of names and addresses); and (6) the governing body of the district shall be an elected board of directors composed of ______ eligible voters.
"Attached hereto, marked exhibit A and made a part hereof, is a description of the lands proposed to be included in the district.
"Attached hereto, marked exhibit B and made a part hereof, is a map showing the lands proposed to be included in the district.
"Wherefore, the undersigned individually and collectively pray that a groundwater management district be organized in the manner provided by law for the purposes set forth herein, and that the secretary of state and the chief engineer of the division of water resources of the Kansas department of agriculture proceed diligently in the performance of their duties so that the organization and incorporation of this proposed district may be completed and approved at the earliest possible time.
"Submitted to the secretary of state this ______ day of ____________, __."
History: L. 1972, ch. 386, § 4; L. 1974, ch. 454, § 1; L. 2004, ch. 101, § 149; July 1.
(a) If the secretary of state finds the petition to be sufficient as to form and substance and executed in accordance with the requirements of this act he or she shall transmit a certified copy of the petition to the chief engineer within five (5) days from the date of his or her determination of sufficiency. Upon receipt of the certified copy, the chief engineer shall review the petition and shall within ninety (90) days after receipt of the copy transmit a written report of his or her findings on the petition, together with his or her written approval or disapproval of the petition, to the secretary of state and the chairman of the steering committee named in the petition.
(b) The chief engineer shall approve such petition if he or she finds that:
(1) The lands proposed to be included in the district substantially comprise a hydrologic community of interest.
(2) The proposed district would not include any of the lands of an existing groundwater management district.
(3) The statement of purposes contained in the petition conforms with the intent and purposes of this act.
(4) The lands within the proposed district or part thereof overlie an aquifer or aquifers subject to management.
(5) The map attached to the petition is substantially correct.
(6) The area of the district and existing and prospective uses of groundwater within the district are sufficient to support a groundwater management program.
(7) The public interest will be served by the creation of the proposed district.
(c) The chief engineer in his or her findings may make minor corrections with respect to the map and the corrections shall become a part of the petition and shall be deemed effective without a recirculation of the corrected petition.
(d) If the chief engineer approves the petition, he or she shall transmit a certified copy of his or her report to the secretary of state and to the chairman of the steering committee of the district.
History: L. 1972, ch. 386, § 5; July 1.
(a) Within ten (10) days after receipt of a certified copy of the chief engineer's report approving the petition, or the petition as amended, the chairman of the steering committee shall call a meeting of the committee. The committee shall meet at the time and place fixed in the notice and shall provide by resolution for the calling of an election at which all eligible voters of the district shall be entitled to vote on the question of whether the district should be organized in accordance with the petition as approved by the chief engineer. The steering committee shall cause a notice of the election to be published once each week for three (3) consecutive weeks in a newspaper or newspapers of general circulation within the proposed district, the first publication to be not less than twenty-eight (28) days prior to such election. If the proposed district lies in more than one county, a similar notice shall be published in a newspaper of general circulation in each of the counties in which a part of the proposed district is located. The notice shall set forth when and where the election shall be held and the proposition to be voted on. It shall contain a copy of the petition as approved by the chief engineer (omitting the map attached as an exhibit) and shall be signed by the chairman and attested by the secretary of the steering committee. The steering committee shall conduct the election, canvass the vote, and certify the results to the secretary of state.
(b) If a majority of the votes cast are in favor of the organization and creation of the district, the secretary of state shall issue to the steering committee a certificate of incorporation for the district, which shall be filed of record in the office of the register of deeds of each county in which all or a portion of the district lies. Upon such recordation, the district shall be authorized to function in accordance with the provisions of this act.
(c) If a majority of those voting on the proposition vote against the organization and creation of the district, the secretary of state shall endorse that fact on the face of the petition and the proceedings shall be closed.
(d) No action attacking the legality of the incorporation of any groundwater management district organized under this act shall be maintained unless commenced within ninety (90) days after the issuance of the certificate of incorporation for a district by the secretary of state, and any alleged illegality of the incorporation of any district shall not be interposed as a defense to any action brought after that time.
History: L. 1972, ch. 386, § 6; July 1.
(a) Within not more than ninety (90) days after the recording of the certificate of incorporation, a meeting open to all eligible voters of the district shall be held by the steering committee for the election of the initial board of directors of the district. A notice of the meeting shall be given by the steering committee at least ten (10) days prior to the date thereof by one publication in a newspaper of general circulation in each of the counties of which the groundwater management district is a part. Each eligible voter of the district shall be entitled to vote for as many candidates as the number of directors that are to be elected, but may not cast more than one vote for any one candidate. The candidates receiving the greatest number of votes cast shall respectively be declared elected.
(b) In not more than twelve (12) months after the initial meeting, and annually thereafter, a meeting shall be held for the election of directors whose terms expire, to report on the financial condition and activities of the district and to adopt a proposed budget covering the anticipated expenses of the district for the ensuing year.
(c) The number of directors of a district, or the date of the annual meeting, may be changed at any annual meeting if notice of the proposition or propositions is included in the notice of the annual meeting at which the changes are to be considered.
History: L. 1972, ch. 386, § 7; L. 1978, ch. 436, § 1; July 1.
(a) All powers granted to a groundwater management district under the provisions of this act shall be exercised by an elected board of directors which shall be composed of the number of persons specified in the petition. Each director shall serve for a period of three (3) years and until his or her successor is duly elected and qualified, except that as nearly as possible one-third of the original directors shall serve for a term of one (1) year, one-third shall serve for a term of two (2) years, and one-third shall serve for a term of three (3) years. The directors shall serve without compensation but shall be allowed actual and necessary expenses incurred in the performance of their official duties.
(b) The board of directors, after being duly elected, shall elect from its number a president, a vice-president, a secretary, and a treasurer. In districts having only three (3) directors, the board shall elect one director to hold the offices of secretary and treasurer.
(c) A majority of the directors shall constitute a quorum for the transaction of business and a majority of those voting shall determine all actions taken by the board. In the absence of any of the duly elected officers, those directors present at any meeting may select a director to act as an officer pro tem.
(d) The elected board shall fill any vacancy occurring on the board prior to the expiration of the term of any director by selecting a replacement from among the eligible voters of the district to serve for the unexpired term.
History: L. 1972, ch. 386, § 8; July 1.
Every groundwater management district organized under this act shall be a body politic and corporate and shall have the power to:
(a) Adopt a seal;
(b) sue and be sued in its corporate name;
(c) rent space, maintain and equip an office, and pay other administrative expenses;
(d) employ such legal, engineering, technical, and clerical services as may be deemed necessary by the board;
(e) purchase, hold, sell and convey land, water rights and personal property, and execute such contracts as may, in the opinion of the board, be deemed necessary or convenient;
(f) acquire land and interests in land by gift, exchange or eminent domain, the power of eminent domain to be exercised within the boundaries of the district in like manner as provided by the eminent domain procedure act, except that any land holdings acquired pursuant hereto or in accordance with the provisions of the next preceding subsection shall not in the aggregate exceed 1,000 acres. In any case where a district has land holdings in excess of the described limitation, the district shall dispose of such excess in a reasonable and expeditious manner;
(g) construct, operate and maintain such works as may be determined necessary for drainage, recharge, storage, distribution or importation of water, and all other appropriate facilities of concern to the district;
(h) levy water user charges and land assessments, issue general and special bonds and incur indebtedness within the limitations prescribed by this act;
(i) contract with persons, firms, associations, partnerships, corporations or agencies of the state or federal government, and enter into cooperative agreements with any of them;
(j) take appropriate actions to extend or reduce the territories of the district as prescribed by this act;
(k) construct and establish research, development, and demonstration projects, and collect and disseminate research data and technical information concerning the conservation of groundwater;
(l) install or require the installation of meters, gauges, or other measuring devices and read or require water users to read and report those readings as may be necessary to determine the quantity of water withdrawn;
(m) provide advice and assistance in the management of drainage problems, storage, groundwater recharge, surface water management, and all other appropriate matters of concern to the district;
(n) adopt administrative standards and policies relating to the management of the district which are not inconsistent with the provisions of article 10 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto, or the Kansas water appropriation act;
(o) recommend to the chief engineer rules and regulations which relate to the conservation and management of groundwater within the district, are within the authority of the chief engineer and are not inconsistent with the provisions of article 10 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto, or the Kansas water appropriation act. Within 90 days after receipt of a final draft of proposed rules and regulations recommended by a groundwater management district, the chief engineer shall: (1) Approve or reject the proposed rules and regulations for adoption; and (2) either initiate procedures pursuant to the rules and regulations filing act to adopt the approved proposed rules and regulations or return the rejected proposed rules and regulations, together with written reasons for the rejection, to the groundwater management district. Proposed rules and regulations recommended to the chief engineer shall be of no force and effect unless and until adopted by the chief engineer to implement the provisions of article 7 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto. All such rules and regulations adopted shall be effective only within a specified district;
(p) recommend to the department of health and environment, the state corporation commission or other appropriate state agency such other rules and regulations, not inconsistent with law, which relate to the conservation and management of groundwater within the district and are within the authority of such department, commission or other agency. Within 90 days after receipt of a final draft of proposed rules and regulations recommended by a groundwater management district, the department, commission or other agency shall: (1) Approve or reject the proposed rules and regulations for adoption; and (2) either initiate procedures pursuant to the rules and regulations filing act to adopt the approved proposed rules and regulations or return the rejected proposed rules and regulations, together with written reasons for the rejection, to the groundwater management district. Proposed rules and regulations recommended to the department, commission or other agency shall be of no force and effect unless and until adopted by the department, commission or other such agency. All such rules and regulations adopted shall be effective only within a specified district;
(q) enforce by suitable action, administrative or otherwise, rules and regulations adopted as provided by subsection (o) or (p);
(r) enter upon private property within the district for inspection purposes, to determine conformance of the use of water with established rules and regulations, including measurements of flow, depth of water, water wastage and for such other purposes as are necessary and not inconsistent with the purposes of this act;
(s) select a residence or home office for the groundwater management district which shall be at a place in a county in which the district or any part thereof is located and may be either within or without the boundaries of the district. The board shall designate the county in which the residence or home office is located as the official county for the filing of all official acts and assessments;
(t) seek and accept grants or other financial assistance that the federal government and other public or private sources shall make available and to utilize the same to carry out the purposes and functions of the district; and
(u) recommend to the chief engineer the initiation of proceedings for the designation of a certain area within the district as an intensive groundwater use control area.
History: L. 1972, ch. 386, § 9; L. 1978, ch. 436, § 2; L. 1978, ch. 437, § 1; L. 2002, ch. 137, § 5; July 1.
Before undertaking active management of the district the board shall prepare a management program. Upon completion of the management program the board shall transmit a copy to the chief engineer with a request for his or her approval. The chief engineer shall examine and study the management program and, if he or she finds that it is compatible with article 7 of chapter 82a of the Kansas Statutes Annotated, and all acts amendatory thereof or supplemental thereto and any other state laws or policies, he or she shall approve it and notify the board of his or her action. When the management program is approved by the chief engineer, the board shall fix a time and place either within or conveniently near the district for a public hearing upon the management program. A notice of the hearing shall be given by one publication in a newspaper or newspapers of general circulation within the district, at least twenty-eight (28) days prior to the date fixed for the hearing, setting forth the time and place of the hearing. The notice shall state that a copy of the management program is available for public inspection in the office of the secretary of the district. Any person desiring to be heard in the matter must file, in duplicate, with the board at its office at least five (5) days before the date of the hearing a written statement of his or her intent to appear at the hearing and the substance of the testimony he or she wishes to present. Upon receipt of any such statements, the board shall immediately transmit one copy of the statements to the chief engineer. The chief engineer or his or her duly appointed representative shall attend the hearing. At the hearing any person who has duly filed his or her written statement shall be heard and may present information in support of his or her position in the matter. After hearing and considering all relevant testimony and information, the board shall by resolution adopt, modify, or reject the management program. The board shall then notify the chief engineer of its action. If it is determined that the management program should be modified, any proposed changes approved by the board shall be incorporated in a modified management program which shall be submitted to the chief engineer for further consideration. The chief engineer shall review the modified management program and shall transmit a supplemental written report of the results of his or her study and investigation to the board, including his or her written approval or disapproval of the modified management program. If the modified management program is approved by the chief engineer, the board shall by resolution adopt it as the official management program of the district and notify the chief engineer of its action. The board shall periodically and at least once each year review the officially adopted management program. Following that review, they shall either reaffirm its adoption or propose that it be revised. If it is proposed that the management program be revised, the board shall follow the same procedure towards adoption of a revised management program as is prescribed above for the preparation, approval, and adoption of the original management program.
History: L. 1972, ch. 386, § 10; July 1.
(a) In order to finance the operations of the district, the board may assess an annual water user charge against every person who withdraws groundwater from within the boundaries of the district. The board shall base such charge upon the amount of groundwater allocated for such person's use pursuant to such person's water right. Such charge shall not exceed $2.00 for each acre-foot of groundwater withdrawn within the district or allocated by the water right. When a person shows by the submission to the board of a verified claim and any supportive data which may be required by the board that such person's actual annual groundwater withdrawal is in a lesser amount than that allocated by the water right of such person, the board shall assess such annual charge against such person on the amount of water shown to be withdrawn by the verified claim. Any such claim shall be submitted by April 1 of the year in which such annual charge is to be assessed. The board may also make an annual assessment against each landowner of not to exceed $0.05 for each acre of land owned within the boundaries of the district. Special assessments may also be levied, as provided hereafter, against land specially benefited by a capital improvement without regard to the limits prescribed above.
(b) Before any assessment is made, or user charge imposed, the board shall submit the proposed budget for the ensuing year to the eligible voters of the district at a hearing called for that purpose by one publication in a newspaper or newspapers of general circulation within the district at least 28 days prior to the meeting. Following the hearing, the board shall, by resolution, adopt either the proposed budget or a modified budget and determine the amount of land assessment or user charge, or both, needed to support such budget.
(c) Both the user charges assessed for groundwater withdrawn and the assessments against lands within the district shall be certified to the proper county clerks and collected the same as other taxes in accordance with K.S.A. 79-1801, and amendments thereto, and the amount thereof shall attach to the real property involved as a lien in accordance with K.S.A. 79-1804, and amendments thereto. All moneys so collected shall be remitted by the county treasurer to the treasurer of the groundwater management district who shall deposit them to the credit of the general fund of the district. The accounts of each groundwater management district shall be audited annually by a public accountant or certified public accountant.
(d) (1) Subsequent to the certification of approval of the organization of a district by the secretary of state and the election of a board of directors for such district, such board shall be authorized to issue no-fund warrants in amounts sufficient to meet the operating expenses of the district until money therefor becomes available pursuant to user charges or assessments under subsection (a). In no case shall the amount of any such issuance be in excess of 20% of the total amount of money receivable from assessments that could be levied in any one year as provided in subsection (a). No such warrants shall be issued until a resolution authorizing the same shall have been adopted by the board and published once in a newspaper having a general circulation in each county within the boundaries of the district. Whereupon such warrants may be issued unless a petition in opposition to the same, signed by not less than 10% of the eligible voters of such district and in no case by less than 20 of the eligible voters of such district, is filed with the county clerk of each of the counties in such district within 10 days following such publication. In the event such a petition is filed, it shall be the duty of the board of such district to submit the question to the eligible voters at an election called for such purpose. Such election shall be noticed and conducted as provided by K.S.A. 82a-1031, and amendments thereto.
(2) Whenever no-fund warrants are issued under the authority of this subsection, the board of directors of such district shall make an assessment each year for three years in approximately equal installments for the purpose of paying such warrants and the interest thereon. All such assessments shall be in addition to all other assessments authorized or limited by law. Such warrants shall be issued, registered, redeemed and bear interest in the manner and in the form prescribed by K.S.A. 79-2940, and amendments thereto, except they shall not bear the notation required by such statute and may be issued without the approval of the state board of tax appeals. Any surplus existing after the redemption of such warrants shall be handled in the manner prescribed by K.S.A. 79-2940, and amendments thereto.
History: L. 1972, ch. 386, § 11; L. 1976, ch. 440, § 1; L. 1978, ch. 436, § 3; L. 2001, ch. 160, § 18; L. 2002, ch. 137, § 6; L. 2008, ch. 109, § 122; L. 2014, ch. 141, § 129; L. 2018, ch. 24, § 1; July 1.
(a) If the board by resolution provides that all or any part of the capital cost of works of improvement within the district is to be paid by the issuance of general improvement bonds of the entire district, it shall be the duty of the board to submit the question of approval of the bond issue to the eligible voters of the district. Notice of the time, place and purpose for which the election is to be held shall be given by one publication in a newspaper or newspapers of general distribution within the district at least twenty-eight (28) days prior to the date fixed for the election. Except as hereinbefore provided, the election shall be held and conducted by the board in the manner prescribed for conducting and holding the election for the organization of the district.
(b) If the board by resolution provides that all or any part of the capital cost of works of improvement is to be paid by the issuance of improvement bonds to be funded by special assessment against the lands specially benefited by a project, the board shall proceed to determine the particular lands within the district upon which special assessments are to be levied and it shall be the duty of the board to submit the question of approval of the bond issue to an election of the owners of those lands. Notice of the time and place and the purpose for which the election is to be held shall be given by one publication in a newspaper or newspapers of general circulation within the district at least twenty-eight (28) days prior to the date of the election. Except as hereinbefore provided, the election shall be held and conducted in the manner prescribed in subsection (a) of this section. If it is proposed to issue improvement bonds to be paid partially by the entire district and partially by lands specially benefited, it shall be the duty of the board of directors to submit each question for approval separately.
History: L. 1972, ch. 386, § 12; July 1.
If a resolution of the board provides that all or any part of the cost of the works contemplated is to be paid by special assessment against lands specially benefited by a project, the board shall appoint three (3) disinterested appraisers who shall recommend apportionment of the special assessment to the tracts of land subject to the special assessment. The appraisers shall have access to all available engineering reports and data pertaining to the works contemplated and may request additional engineering data or counsel necessary to carry out their duties. The appraisers shall take an oath to appraise fairly and impartially the benefits accruing to each tract of land and shall recommend the apportionment of assessment according to the relative benefits to be received by the several tracts of land subject to assessment. They shall make a written report of their findings to the board. Upon receiving the report, the board shall prepare a resolution which shall contain a list of the tracts of land found to be specially benefited and the amount of assessment to be levied against each tract. No assessment so specified against any tract of land shall exceed the estimated benefits to the land by the project. Each tract of land shall be legally described and the name of its owner or owners shall be set forth beside the description of each tract listed. After adopting the resolution, the board shall fix a time and place for hearing any complaint that may be made as to the estimated benefit to any tract of land appraised and a notice of the hearing shall be given by the board by one publication in a newspaper or newspapers of general circulation within the district at least ten (10) days prior to the date set for the hearing. The board at the hearing may alter the estimated benefit to any tract of land if, in its judgment, the benefit has been appraised too high or too low. The board shall immediately thereafter pass a resolution fixing the benefit to be assigned to each tract of land and providing for the benefit assessment thereof, which sum may be spread equally over a period of not to exceed twenty (20) years. The board shall immediately thereafter mail a written notice of the assessment to the owner or owners of each tract of land. The notice shall state that if the assessment is not paid in full within thirty (30) days from the date of notice, bonds will be issued and an assessment will be levied annually against the tract of land for a period of not to exceed twenty (20) years in an amount sufficient to pay the total assessment plus the interest due on the bonds. No action to set aside the assessment shall be maintained unless commenced within ninety (90) days from the date of the notice. The amount assessed against each tract of ground to pay for the special assessment bonds falling due each year and the interest thereon shall be levied, certified to the proper county clerk, and collected the same as other taxes.
History: L. 1972, ch. 386, § 13; July 1.
(a) The chief engineer shall have the power, upon proper petition being presented by the board for that purpose, to extend or reduce the territory of any groundwater management district organized and incorporated under the provisions of this act. The petition to extend or reduce the territory of any groundwater management district shall be addressed to the chief engineer and shall:
(1) Describe the territory to be annexed or removed by township, range and section numbers and fraction thereof and other platted areas as appropriate.
(2) Have a map attached thereto as an exhibit, and incorporated therein by reference, showing the district and the lands proposed to be annexed or removed.
(3) Show that the proposed extension or reduction of territory has been recommended by the district concerned by resolution duly adopted by its board.
(b) The chief engineer shall fix a time for a hearing upon the petition and the district shall give notice thereof for three (3) consecutive weeks in a newspaper or newspapers of general circulation within the district, the first publication to be at least twenty-eight (28) days before the day fixed for the hearing. The notice shall state the name and general location of the district and describe the lands proposed to be annexed or removed. It shall state that a hearing will be held on whether the petition of the district should be approved. It shall state the day, hour, and place of the hearing, which shall be at a suitable location, and that all persons may appear before the chief engineer at the hearing and be heard. If, after the hearing, the chief engineer finds that the area proposed to be annexed or removed meets other requirements as prescribed for the organization of a district, he or she shall approve the petition and fix the time when the annexation or reduction of territory shall become effective. A certified copy of his or her order approving the petition shall be sent to the board of directors and to the secretary of state. The board of directors shall file a copy of the order for record in the office of the register of deeds of each county in which the district, as modified, or any part thereof lies.
History: L. 1972, ch. 386, § 14; July 1.
(a) Whenever the board of a groundwater management district organized and incorporated under the provisions of this act finds reasons for the dissolution of the district, the board may, by resolution adopted by a two-thirds vote of all members of the board at a special meeting of the board called for that purpose, notice of which shall specify the purpose for which the meeting is to be called, provide for the calling of an election of the eligible voters of the district for the purpose of determining whether the district shall be dissolved. The board shall also provide for the calling of an election if written petitions therefor, signed by twenty percent (20%) of the eligible voters of the district, are filed with the secretary of the board. The election to determine whether the district shall be dissolved shall be held and conducted by the board in the same manner as provided for conducting the election for the organization of the district insofar as those provisions can be made applicable. If a majority of the votes cast are in favor of dissolution of the district, the board shall immediately certify the results of the election to the secretary of state who shall thereupon issue and deliver to the secretary of the board a certificate of dissolution.
(b) Upon receipt from the secretary of state of the certificate of dissolution of a groundwater management district under the provisions of this act, the secretary of the board shall notify the board of the certification and the board shall immediately pay all obligations of the district, including all costs incurred by the district, the chief engineer and the secretary of state in regard to the dissolution proceedings. The treasurer of the board shall thereupon distribute all moneys in his or her hands belonging to the district in the manner prescribed by this act and immediately after making the distribution the treasurer shall notify the secretary of the board of the distribution. Upon receipt of the notification the secretary of the board shall have the certificate of dissolution published once in a newspaper or newspapers of general circulation within the district and proof of the publication shall be filed in the office of the secretary of state. The effective date of the dissolution, unless otherwise provided, shall be the date on which the proof of publication is filed in the office of the secretary of state, but in no event shall the date of dissolution be a date prior to the date of the publication of the certificate of dissolution. A certified copy of the certificate of dissolution of the district shall also be recorded in the office of the county clerk of each county where any portion of the dissolved district was located.
(c) Any funds or other assets of a groundwater management district which has been dissolved under the provisions of this act shall be apportioned and paid to the general fund of any county located within or partially within the district in the proportion which the assessed valuation of the property in the district located within the county bears to the total assessed valuation of the district, based on equalized assessed valuations for the preceding year. The treasurer of the district, upon notification of receipt of the certificate of dissolution, shall immediately pay the amounts due each county located within the district to the treasurer of the county.
(d) The secretary of the board of any groundwater management district which has been dissolved under the provisions of this act shall file all minutes and records of the district with the register of deeds of the county where the designated office of the district was located.
History: L. 1972, ch. 386, § 15; July 1.
If the organization of a proposed district is defeated at the election or if the petition is disapproved by the secretary of state or the chief engineer, the steering committee named in the petition shall continue to function in a limited capacity for the purposes set out below. The steering committee shall determine the amount of money necessary to pay all of the costs and expenses incurred in the preparation and filing of the petition and in the conduct of the election and shall themselves assume the obligation for the first two hundred dollars ($200) of the costs. If the cost is more than that amount they shall certify a statement of the amount to the county clerk of each county in which the proposed district was to be located. The county clerks shall ascertain the total assessed valuation of all taxable tangible property in their respective counties within the proposed district and certify this amount to the county clerk of the county in which the chairman of the steering committee of the proposed district resides. The county clerk shall determine the levy necessary to be assessed against the taxable tangible property in the entire proposed district in order to raise funds sufficient to pay the amount set forth in the statement and shall certify the levy to the county clerks of the other counties in which a portion of the proposed district is located. Each of the county clerks shall then cause the levy to be made against the taxable tangible property lying within the boundaries of the proposed district within his or her county. The county treasurers of the respective counties involved shall remit the funds raised by the levy in their counties to the county treasurer of the county in which the chairman of the steering committee resides, who shall hold the funds and shall honor warrants drawn upon the funds by the chairman of the steering committee and countersigned by the secretary of the steering committee in payment of the costs and expenses incurred in the proposed organization of the district and shown on the statement of expenses.
History: L. 1972, ch. 386, § 16; July 1.
Whenever a groundwater management district recommends the same or whenever a petition signed by not less than three hundred (300) or by not less than five percent (5%) of the eligible voters of a groundwater management district, whichever is less, is submitted to the chief engineer, the chief engineer shall initiate, as soon as practicable thereafter, proceedings for the designation of a specifically defined area within such district as an intensive groundwater use control area. The chief engineer upon his or her own investigation may initiate such proceedings whenever said chief engineer has reason to believe that any one or more of the following conditions exist in a groundwater use area which is located outside the boundaries of an existing groundwater management district: (a) Groundwater levels in the area in question are declining or have declined excessively; or (b) the rate of withdrawal of groundwater within the area in question equals or exceeds the rate of recharge in such area; or (c) preventable waste of water is occurring or may occur within the area in question; (d) unreasonable deterioration of the quality of water is occurring or may occur within the area in question; or (e) other conditions exist within the area in question which require regulation in the public interest.
History: L. 1978, ch. 437, § 2; July 1.
In any case where proceedings for the designation of an intensive groundwater use control area are initiated, the chief engineer shall hold and conduct a public hearing on the question of designating such an area as an intensive groundwater use control area. Written notice of the hearing shall be given to every person holding a water right in the area in question and notice of the hearing shall be given by one publication in a newspaper or newspapers of general circulation within the area in question at least thirty (30) days prior to the date set for such hearing. The notice shall state the question and shall denote the time and place of the hearing. At the hearing, documentary and oral evidence shall be taken, and a full and complete record of the same shall be kept.
History: L. 1978, ch. 437, § 3; July 1.
(a) In any case where the chief engineer finds that any one or more of the circumstances set forth in K.S.A. 82a-1036, and amendments thereto, exist and that the public interest requires that any one or more corrective controls be adopted, the chief engineer shall designate, by order, the area in question, or any part thereof, as an intensive groundwater use control area.
(b) The order of the chief engineer shall define specifically the boundaries of the intensive groundwater use control area and shall indicate the circumstances upon which the findings of the chief engineer are made. The order of the chief engineer may include any one or more of the following corrective control provisions:
(1) A provision closing the intensive groundwater use control area to any further appropriation of groundwater in which event the chief engineer shall thereafter refuse to accept any application for a permit to appropriate groundwater located within such area;
(2) a provision determining the permissible total withdrawal of groundwater in the intensive groundwater use control area each day, month or year, and, insofar as may be reasonably done, the chief engineer shall apportion such permissible total withdrawal among the valid groundwater right holders in such area in accordance with the relative dates of priority of such rights;
(3) a provision reducing the permissible withdrawal of groundwater by any one or more appropriators thereof, or by wells in the intensive groundwater use control area;
(4) a provision requiring and specifying a system of rotation of groundwater use in the intensive groundwater use control area;
(5) a provision allowing flexibility in the use of water rights, including, but not limited to, multi-year allocations and use in excess of a water right's annual authorized quantity in any given year so long as the overall use of water is reduced during the term of the intensive groundwater use control area management plan; and
(6) any one or more other provisions making such additional requirements as are necessary to protect the public interest.
The chief engineer is hereby authorized to delegate the enforcement of any corrective control provisions ordered for an intensive groundwater use control area to any groundwater management district or to any city, if such district or city is located within or partially within the boundaries of such area.
(c) Except as provided by subsection (d), the order of designation of an intensive groundwater use control area shall be in full force and effect from the date of its entry in the records of the chief engineer's office unless and until its operation shall be stayed by an appeal from an order entered on review of the chief engineer's order pursuant to K.S.A. 82a-1901, and amendments thereto, in accordance with the provisions of the Kansas judicial review act. The chief engineer upon request shall deliver a copy of such order to any interested person who is affected by such order, and shall file a copy of the same with the register of deeds of any county within which such designated control area lies.
(d) If the holder of a groundwater right within the area designated as an intensive groundwater use control area applies for review of the order of designation pursuant to K.S.A. 82a-1901, and amendments thereto, the provisions of the order with respect to the inclusion of the holder's right within the area may be stayed in accordance with the Kansas administrative procedure act.
History: L. 1978, ch. 437, § 4; L. 1984, ch. 338, § 31; L. 1990, ch. 363, § 1; L. 1999, ch. 130, § 9; L. 2010, ch. 17, § 214; L. 2024, ch. 44, § 1; July 1.
Nothing in this act shall be construed as limiting or affecting any duty or power of the chief engineer granted pursuant to the Kansas water appropriation act.
History: L. 1978, ch. 437, § 5; July 1.
The provisions of K.S.A. 82a-1036 to 82a-1039, inclusive, of this act shall be part of and supplemental to the provisions of K.S.A. 82a-1020 to 82a-1035, inclusive, and acts amendatory thereof or supplemental thereto.
History: L. 1978, ch. 437, § 6; July 1.
(a) Whenever a groundwater management district recommends the approval of a local enhanced management plan within the district to address any of the conditions set forth in K.S.A. 82a-1036(a) through (d), and amendments thereto, the chief engineer shall review the local enhanced management plan submitted by the groundwater management district. The chief engineer's review shall be limited to whether the plan:
(1) Proposes clear geographic boundaries;
(2) pertains to an area wholly within the groundwater management district;
(3) proposes goals and corrective control provisions as provided in subsection (f) adequate to meet the stated goals;
(4) gives due consideration to water users who already have implemented reductions in water use resulting in voluntary conservation measures;
(5) includes a compliance monitoring and enforcement element; and
(6) is consistent with state law.
If, based on such review, the chief engineer finds that the local enhanced management plan is acceptable for consideration, the chief engineer shall initiate, as soon as practicable thereafter, proceedings to designate a local enhanced management area.
(b) In any case where proceedings to designate a local enhanced management area are initiated, the chief engineer shall conduct an initial public hearing on the question of designating such an area as a local enhanced management area according to the local enhanced management plan. The initial public hearing shall resolve the following findings of fact whether:
(1) One or more of the circumstances specified in K.S.A. 82a-1036(a) through (d), and amendments thereto, exist;
(2) the public interest of K.S.A. 82a-1020, and amendments thereto, requires that one or more corrective control provisions be adopted; and
(3) the geographic boundaries are reasonable.
The chief engineer shall conduct a subsequent hearing or hearings only if the initial public hearing is favorable on all three issues of fact and the expansion of geographic boundaries is not recommended. At least 30 days prior to the date set for any hearing, written notice of such hearing shall be given to every person holding a water right of record within the area in question and by one publication in any newspaper of general circulation within the area in question. The notice shall state the question and shall denote the time and place of the hearing. At every such hearing, documentary and oral evidence shall be taken and a complete record of the same shall be kept.
(c) The subject matter of the hearing or hearings set forth in subsection (b) shall be limited to the local enhanced management plan that the chief engineer previously reviewed pursuant to subsection (a) and set for hearing.
(d) Within 120 days of the conclusion of the final public hearing set forth in subsections (b) and (c), the chief engineer shall issue an order of decision:
(1) Accepting the local enhanced management plan as sufficient to address any of the conditions set forth in K.S.A. 82a-1036(a) through (d), and amendments thereto;
(2) rejecting the local enhanced management plan as insufficient to address any of the conditions set forth in K.S.A. 82a-1036(a) through (d), and amendments thereto;
(3) returning the local enhanced management plan to the groundwater management district, giving reasons for the return and providing the district with the opportunity to resubmit a revised plan for public hearing within 90 days of the return of the deficient plan; or
(4) returning the local enhanced management plan to the groundwater management district and proposing modifications to the plan, based on testimony at the hearing or hearings, that will improve the administration of the plan, but will not impose reductions in groundwater withdrawals that exceed those contained in the plan. If the groundwater management district approves of the modifications proposed by the chief engineer, the district shall notify the chief engineer within 90 days of receipt of return of the plan. Upon receipt of the groundwater management district's approval of the modifications, the chief engineer shall accept the modified local management plan. If the groundwater management district does not approve of the modifications proposed by the chief engineer, the local management plan shall not be accepted.
(e) In any case where the chief engineer issues an order of decision accepting the local enhanced management plan pursuant to subsection (d), the chief engineer, within a reasonable time, shall issue an order of designation that designates the area in question as a local enhanced management area.
(f) The order of designation shall define the boundaries of the local enhanced management area and shall indicate the circumstances upon which the findings of the chief engineer are made. The order of designation may include any of the following corrective control provisions set forth in the local enhanced management plan:
(1) Closing the local enhanced management area to any further appropriation of groundwater. In which event, the chief engineer shall thereafter refuse to accept any application for a permit to appropriate groundwater located within such area;
(2) determining the permissible total withdrawal of groundwater in the local enhanced management area each day, month or year, and, insofar as may be reasonably done, the chief engineer shall apportion such permissible total withdrawal among the valid groundwater right holders in such area in accordance with the relative dates of priority of such rights;
(3) reducing the permissible withdrawal of groundwater by any one or more appropriators thereof, or by wells in the local enhanced management area;
(4) requiring and specifying a system of rotation of groundwater use in the local enhanced management area;
(5) allowing flexibility in the use of water rights, including, but not limited to, multi-year allocations and use in excess of a water right's annual authorized quantity in any given year so long as the overall use of water is reduced during the term of the local enhanced management plan; or
(6) any other provisions making such additional requirements as are necessary to protect the public interest.
The chief engineer is hereby authorized to delegate the enforcement of any corrective control provisions ordered for a local enhanced management area to the groundwater management district in which that area is located, upon written request by the district.
(g) The order of designation shall follow, insofar as may be reasonably done, the geographical boundaries recommended by the local enhanced management plan.
(h) Except as provided in subsection (f), the order of designation of a local enhanced management area shall be in full force and effect from the date of its entry in the records of the chief engineer's office unless and until its operation shall be stayed by an appeal from an order entered on review of the chief engineer's order pursuant to K.S.A. 82a-1901, and amendments thereto, and in accordance with the provisions of the Kansas judicial review act. The chief engineer upon request shall deliver a copy of such order to any interested person who is affected by such order and shall file a copy of the same with the register of deeds of any county within which any part of the local enhanced management area lies.
(i) If the holder of a groundwater right within the local enhanced management area applies for review of the order of designation pursuant to K.S.A. 82a-1901, and amendments thereto, the provisions of the order with respect to the inclusion of the holder's water right within the area may be stayed in accordance with the Kansas administrative procedure act.
(j) Unless otherwise specified in the proposed enhanced management plan and included in the order of designation, a public hearing to review the designation of a local enhanced management area shall be conducted by the chief engineer within seven years after the order of designation is final. A subsequent review of the designation shall occur within 10 years after the previous public review hearing or more frequently as determined by the chief engineer. Upon the request of a petition signed by at least 10% of the affected water users in a local enhanced management area, a public review hearing to review the designation shall be conducted by the chief engineer. This requested public review hearing shall not be conducted more frequently than every four years.
(k) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section.
(l) The provisions of this section shall be a part of and supplemental to article 10 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2012, ch. 62, § 1; L. 2015, ch. 60, § 4; L. 2024, ch. 44, § 2; July 1.
To further implement the provisions of the groundwater management district act, if the secretary of agriculture or the chief engineer of the division of water resources of the Kansas department of agriculture propose rules and regulations that may change an adopted local groundwater management program or impact water use in a groundwater management district, the secretary or chief engineer shall notify the groundwater management district board of directors of such requested management program change or proposed rules and regulations and provide a copy of such requested management program change or proposed rules and regulations to the board. Upon such notice, the board of directors shall prepare a response of intended board actions. The board of directors shall follow the provisions of K.S.A. 82a-1029, and amendments thereto, for revising active groundwater management programs.
History: L. 2016, ch. 71, § 1; July 1.
(a) Not later than January 25 of each year, the board of each district shall submit to the house of representatives standing committee on water, the house of representatives standing committee on agriculture and natural resources, the senate standing committee on agriculture and natural resources and any other appropriate committees, and any successor committees, a written report on the budget, finances and activities of the district. A representative of the board shall appear before the committee upon request.
(b) The annual report shall include, but not be limited to:
(1) An itemized list of all income and the source from which the income was received, including any grants and interest income earned;
(2) an itemized list of all expenditures by the board;
(3) an accounting of all assets currently held by the board;
(4) the most recent approved audit prepared in accordance with K.S.A. 75-1120a, and amendments thereto;
(5) the budget adopted for the current year pursuant to K.S.A. 82a-1026, and amendments thereto;
(6) a detailed description of the activities of the district; and
(7) a detailed statement that explains how the expenditures by the board served to further the conservation and reduced consumptive use of groundwater, the prevention of economic deterioration and the stabilization of agriculture or otherwise supported implementation of the district's management program.
(c) Beginning in January 2025, the report shall summarize the action plans and activities undertaken pursuant to K.S.A. 82a-1044, and amendments thereto.
(d) Each year, each district shall publish the annual written report required by subsection (a) on the district's website.
(e) This section shall be a part of and supplemental to article 10 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2023, ch. 56, § 1; July 1.
(a) (1) Not later than July 1, 2024, the board of each district shall identify all priority areas of concern within each such board's district and set reasonable boundaries for each area of concern using data from the Kansas geological survey or any other source approved by the chief engineer. Priority areas of concern include areas where:
(A) The estimated usable lifetime of groundwater is 50 years or less or a similar measure of future water availability can be determined based on local water use and water level data; or
(B) an unreasonable deterioration of the quality of groundwater is occurring.
(2) Priority areas of concern may also include areas where:
(A) Groundwater levels are declining or have declined excessively;
(B) the rate of withdrawal of groundwater equals or exceeds the rate of recharge;
(C) preventable waste of water is occurring or may occur;
(D) an unreasonable deterioration of the quality of groundwater may occur; or
(E) other areas identified by the board of a district and approved by the chief engineer.
(3) After the board of each district identifies priority areas of concern, the board shall submit a report to the chief engineer detailing the priority areas of concern, the nature of such concern and how the areas were identified and developed.
(4) (A) The board of each district shall conduct public education and outreach in each priority area so that the board may develop an action plan to reasonably address the identified concerns in each area based on input from the water right owners and users within the area. Such action plan shall be submitted to the chief engineer by July 1, 2026.
(B) Within 90 calendar days after a district submits an action plan, or any subsequent updates to such action plans as described in subparagraph (C), to the chief engineer, the chief engineer shall review such district's action plan and identified priority areas of concern. If such plan and priority areas are approved by the chief engineer, the chief engineer shall implement any action plan that requires action from the chief engineer. Once a district's action plan has been approved by the chief engineer, the board of each district shall implement the action plan as soon as practicable and incorporate the action plan and priority areas into the district's management program at the next annual review.
(C) At least every five years, the board of each district shall review existing priority areas of concern, any action plans previously adopted and the district at large to identify any new areas that meet the priority area conditions. Upon such review, the board shall update its priority areas of concern and action plan as necessary and shall submit such findings and any updates to the chief engineer.
(b) If a board fails to identify priority areas of concern within a district or to submit an action plan to address the concerns in each area identified, or subsequent updates to such action plans, or if a board submits a plan that fails to reasonably address the problems within each area identified, the chief engineer may:
(1) Designate priority areas of concern in accordance with subsection (a);
(2) create an action plan in accordance with subsection (a); and
(3) take such corrective actions necessary under the authority granted to the chief engineer pursuant to the Kansas water appropriations act and Kansas groundwater management act to carry out the action plan.
(c) Upon request of a board, the chief engineer shall review the activities previously undertaken by the board to determine if the board has already complied with some or all of the requirements of this section. All areas within a district that have adopted a local enhanced management area pursuant to K.S.A. 82a-1041, and amendments thereto, on July 1, 2023, shall be considered to be a priority area of concern with an approved action plan in compliance with the requirements of subsections (a)(1) and (a)(4)(B) until the first action plan review pursuant to subsection (a)(4)(C). All areas within a district that have an established intensive groundwater use control area established pursuant to K.S.A. 82a-1036, and amendments thereto, on July 1, 2023, shall be considered to be a priority area of concern with an approved action plan in compliance with the requirements of subsections (a)(1) and (a)(4)(B) until reviewed by the chief engineer pursuant to a schedule established in rules and regulations.
(d) The Kansas department of agriculture, including the division of water resources and the division of conservation, chief engineer, Kansas water office, Kansas department of health and environment, state corporation commission, university of Kansas, Kansas geological survey, Kansas state university, Kansas state university extension system and local conservation districts shall provide assistance and support to each board as is reasonably necessary for the achievement of the goals set forth in this section. The Kansas water authority shall consider the efforts of such agencies to assist the districts when recommending appropriations of the state water plan fund.
(e) This section shall be a part of and supplemental to article 10 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2023, ch. 56, § 2; July 1.
(a) If a district owns, purchases or otherwise acquires land, no member of the board of such district shall farm such land for profit unless the board issues a request for proposal for farming such land.
(b) This section shall be a part of and supplemental to article 10 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2023, ch. 56, § 3; July 1.
The state water resources board established pursuant to K.S.A. 1977 Supp. 74-2605 et seq., is hereby designated as the state agency for bank stabilization projects. From and after the effective date of this act, all bank stabilization projects which involve more than one political subdivision of the state, shall receive approval of the state board and be included in the state water plan before work shall commence thereon, but this provision shall not affect any project which has been approved or on which work was commenced prior thereto. The designated state agency shall cooperate with federal agencies on any projects initiated and shall aid in initiation of projects it shall approve.
History: L. 1969, ch. 483, § 1; July 1.
The state shall not participate in any project unless it shall first be determined that federal funds will be available, and unless appropriations are available therefor. Any procedure established for approval of projects should emphasize local responsibility and each project shall be handled on a separate basis with approval or disapproval after considering the merits of the individual project.
History: L. 1969, ch. 483, § 2; July 1.
The state water resources board shall be responsible for administrative costs incurred in connection with applications for approval of bank stabilization projects, and shall have authority to plan, contract, acquire land and easements, apportion costs and provide assurances that project operation and maintenance funds will be available, but not obligate the state of Kansas, in any case, beyond available appropriations made therefor by the legislature.
History: L. 1969, ch. 483, § 3; July 1.
This act shall be known as the "Kansas groundwater exploration and protection act."
History: L. 1973, ch. 417, § 1; July 1.
It is the purpose of this act to provide for the exploration and protection of groundwater through the licensing and regulation of water well contractors in Kansas to protect the health and general welfare of the citizens of this state; to protect groundwater resources from waste and potential pollution by requiring proper description of the location, drilling and well construction, and proper plugging of abandoned water wells and test holes; and to provide data on potential water supplies through well logs, well pumping tests and water quality tests which will permit the economic and efficient utilization and management of the water resources of this state.
In order to achieve these objectives, this act requires licensing of water well contractors; provides for the establishment of standards for well construction, reconstruction, treatment and plugging; requires each licensed water well contractor to keep and transmit to the state, upon request, a copy of the log of the well, pump test data if available, and water quality samples; and maintains within the state geological survey of Kansas a record system of well logs and water quality data which will be available to the public.
History: L. 1973, ch. 417, § 2; L. 1979, ch. 334, § 1; July 1.
As used in this act, unless the context otherwise requires:
(a) "Construction of water wells" means all acts necessary to obtaining groundwater by any method for any use including, without limitation, the location of and excavation for the well.
(b) "Person" means any individual, association, firm, partnership, corporation or governmental entity.
(c) "Sand point" or "well point" means any driven well which is 25 feet or less in depth and is constructed by manually driving into the ground a drive point fitted to the lower end of tightly connected sections of pipe that are 2 inches or less in diameter.
(d) "Domestic uses" means the use of water by any person, family unit or household for household purposes, the watering of livestock, poultry, farm and domestic animals used in operating a farm or the irrigation of lands not exceeding a total of two acres in area for the growing of gardens, orchards or lawns.
(e) "Secretary" means the secretary of health and environment.
(f) "Water well" means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed, when the intended use of such excavation is for the location, diversion, artificial recharge or acquisition of groundwater.
(g) "Water well contractor" or "contractor" means any person who constructs, reconstructs or treats a water well. The term shall not include:
(1) An individual while in the act of constructing a water well on land which is owned by such individual and is used by such individual for domestic purposes at such individual's place of abode, but only when the well is constructed in compliance with prescribed minimum well standards as provided in this act; or
(2) an individual who performs labor or services for a licensed water well contractor at such contractor's direction and under such contractor's supervision.
History: L. 1973, ch. 417, § 3; L. 1974, ch. 352, § 172; L. 1989, ch. 311, § 1; July 1.
History: L. 1973, ch. 417, § 4; L. 1974, ch. 348, § 100; Repealed, L. 1974, ch. 352, § 189; July 1.
(a) The secretary shall be responsible for the administration and enforcement of the provisions of this act and any rules and regulations adopted pursuant thereto.
(b) The secretary shall fix by rules and regulations reasonable license fees annually for each contractor and for each drill rig operated by or for such contractor. The secretary shall fix by rules and regulations an additional fee for each water well drilled except as provided in paragraphs (1) and (2) of subsection (c) of K.S.A. 82a-1203 and amendments thereto. Such fees shall be in an amount, which, together with any other funds available therefor, will produce an amount, which will properly administer the provisions of this act. Any nonresident may secure a water well contractor's license in Kansas upon approval of an application therefor by the secretary and the payment of a fee equal to the fee charged for a similar nonresident license by the state in which the applicant is a resident, but in no case shall the fee be less than that charged a Kansas resident.
(c) The secretary shall have the power and authority and may cause to be inspected water wells in all phases of construction, reconstruction, treatment or plugging, and shall have access to such wells at all reasonable times. The secretary shall have general supervision and authority over the construction, reconstruction and treatment of all water wells and the plugging of holes drilled and abandoned in search of a groundwater supply or hydrogeological information.
(d) The secretary may employ within funds available such engineering, geological, legal, clerical and other personnel as may be necessary for the proper performance of responsibilities under this act. Such employees shall be within the classified service under the Kansas civil service act.
(e) The secretary is authorized and directed to cause examination to be made of applicants for licensing; to renew such licenses; to adopt rules and regulations necessary to establish continuing educational requirements for persons licensed under this act; to issue licenses to qualified water well contractors in this state; to revoke or suspend licenses after their issuance is hereafter determined, after notice to the person affected and an opportunity for hearing; and to reinstate licenses previously revoked when justification therefor is shown.
(f) The secretary shall prepare, in the form and manner prescribed by law, a report on the administration of this act.
History: L. 1973, ch. 417, § 5; L. 1974, ch. 352, § 173; L. 1979, ch. 334, § 2; L. 1983, ch. 286, § 8; L. 1991, ch. 293, § 1; July 1.
(a) Every well contractor desiring to engage in the business of constructing, reconstructing or treating water wells in this state shall make initial application for a license to the secretary. Every contractor making such application shall set out such information as may be required upon forms to be adopted and furnished by the secretary. The secretary shall charge an application fee as established by rules and regulations for the filing of such initial application by a contractor, and the secretary shall not act upon any application until such application fee has been paid.
(b) All application fees and license fees collected hereunder shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the water program management fund established pursuant to K.S.A. 65-166b, and amendments thereto.
(c) A license to construct water wells shall be issued to any applicant if, under the standards set forth in K.S.A. 82a-1207, and amendments thereto, the secretary shall determine such applicant is qualified to conduct water well construction operations. In the granting of such licenses due regard shall be given to the interest of the state of Kansas in the protection of its underground water resources. Application fees paid hereunder shall be retained by the secretary whether such initial license is issued or denied, but if denied, the license fee shall be refunded.
(d) Applicants for licenses hereunder who are engaged in business as water well contractors in this state, if incorporated, shall submit evidence of current good standing with the registration requirements for corporations of the secretary of state.
History: L. 1973, ch. 417, § 6; L. 1974, ch. 352, § 174; L. 1979, ch. 334, § 3; L. 1983, ch. 286, § 14; L. 2001, ch. 5, § 474; L. 2024, ch. 10, § 4; July 1.
Under such reasonable rules and regulations as the secretary may adopt pertaining to the business of water well contracting and construction of water wells, the secretary shall investigate by examination or otherwise, the qualifications of all applicants for initial licenses as water well contractors to construct, reconstruct or treat wells for production of underground waters in this state. Where an examination is required, such examination may be oral or written or both. The qualifications required of each candidate for such an examination are as follows:
(a) Familiarity with Kansas water laws, sanitary standards for water well drilling and construction of water wells and rules and regulations relating to water well construction, reconstruction, treatment and plugging as adopted by the secretary;
(b) Knowledge of groundwater and subsurface geology in its relation to well construction.
The examinations conducted by the secretary shall be held at such times and places as he may determine. Failure of an applicant to pass such examination shall disqualify him from making further application for a period of one (1) month. The secretary shall act within a reasonable time upon all applications for licenses hereunder.
History: L. 1973, ch. 417, § 7; L. 1974, ch. 352, § 175; L. 1979, ch. 334, § 4; July 1.
History: L. 1973, ch. 417, § 8; L. 1974, ch. 352, § 176; Repealed, L. 1979, ch. 334, § 10; July 1.
The term of all licenses issued under the provisions of this act shall be July 1 of each year through the following June 30.
Any contractor licensed under the provisions of this act may, on or before July 1, each year, renew such license by paying the annual fee as determined by the secretary and complying with continuing education requirements established by the secretary. If the licensee has not met the requirements for renewal of the license on or before July 1, the license shall be revoked by the secretary. Prior to such revocation, however, the secretary shall notify the applicant of the secretary's intention to revoke at least 10 days prior to the time set for action to be taken, by notice to the applicant at the address appearing on such license in the records and files of the secretary and compliance with the provisions of the Kansas administrative procedure act. A license, once revoked, may not be reinstated unless the revocation resulted because of an error of the secretary or other reason not the fault of the licensee. A person whose license has been revoked and who desires to continue to engage in the business of water well construction in this state, must make application as provided for in K.S.A. 82a-1207, and amendments thereto. Such applicant may be required to retake the examination.
History: L. 1973, ch. 417, § 9; L. 1974, ch. 352, § 177; L. 1979, ch. 334, § 5; L. 1984, ch. 313, § 147; L. 1991, ch. 293, § 2; July 1.
Any license issued under this act may be revoked by the secretary (1) when the licensee has practiced fraud or deceit in obtaining a license or otherwise engaging in activities regulated by this act; (2) for negligence or incompetence; or (3) for violating any requirement of this act. Any person, in addition to the secretary, may make complaint against any licensee. Notice shall be given to the licensee of the specific charges, in accordance with the notice provisions of the Kansas administrative procedure act. Prior to revocation or suspension of a license, the water well contractor shall be afforded the opportunity promptly to bring the well up to standard or to correct the error resulting in the complaint. Compliance must be acceptable to the secretary. The secretary shall not revoke any license pursuant to this section without giving the licensee an opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1973, ch. 417, § 10; L. 1974, ch. 352, § 178; L. 1979, ch. 334, § 6; L. 1984, ch. 313, § 148; July 1, 1985.
Appeals from decisions of the secretary may be taken in accordance with the provisions of the Kansas judicial review act.
History: L. 1973, ch. 417, § 11; L. 1974, ch. 352, § 179; L. 1984, ch. 313, § 149; L. 2010, ch. 17, § 215; July 1.
Any water well contractor licensed under this act who constructs, reconstructs or plugs a water well shall keep a careful and accurate log of the construction, reconstruction or plugging of such well and shall furnish a record of said well log to the secretary within thirty (30) days after completion of such well in such form as the secretary might require. The log shall show:
(a) The name and address of the landowner and the legal description of the location of the well;
(b) The character and depth of the formation passed through or encountered;
(c) The depth at which water is encountered;
(d) The static water level of the completed well;
(e) A copy of the record of pumping tests, if any; and
(f) The construction or reconstruction details of the completed water well including lengths and sizes of casing, length and size of perforations or screens, and length and size of gravel packing; [and]
(g) The amount, type and placement of plug materials used in plugging a water well.
A water sample shall be furnished to the secretary, upon request, within thirty (30) days after completion of such well unless an extension of time is granted by the secretary, in which case, the sample shall be furnished to the secretary within such extended period of time. The well logs and a copy of the water quality analysis shall be transmitted by the secretary to the state geological survey and kept on file by the survey and be available to the public.
History: L. 1973, ch. 417, § 12; L. 1974, ch. 352, § 180; L. 1979, ch. 334, § 7; July 1.
All holes drilled in search of a water supply and abandoned, shall be properly plugged by the drilling contractor in accordance with rules and regulations established by the secretary in order to assure adequate and proper plugging of abandoned wells to prevent pollution of existing groundwater. Any contractor who fails to properly seal any exploratory wells drilled in search of a water supply and abandoned by him or her shall be subject to the penalties set out in this act. All unplugged abandoned water wells shall be plugged or caused to be plugged by the landowner in accordance with rules and regulations established by the secretary in order to assure adequate and proper plugging of abandoned water wells to prevent pollution to existing groundwater supplies, except that no unplugged abandoned water well existing on the effective date of this act which is not polluting or threatening to pollute a groundwater supply shall be required to be plugged.
History: L. 1973, ch. 417, § 13; L. 1974, ch. 352, § 181; L. 1979, ch. 334, § 8; July 1.
Any person who shall willfully violate any lawful rule or regulation of the secretary relating to water well contracting, or who shall engage in the business of constructing, reconstructing or treating water wells without first having obtained a license as in this act required, or who shall knowingly violate any provisions of this act, shall be guilty of a class B misdemeanor and subject to the penalties therefor as provided by law. In addition the secretary of health and environment is hereby authorized to apply to the district court for enforcement of this act or rules and regulations adopted under this act in accordance with the provisions of the Kansas judicial review act.
History: L. 1973, ch. 417, § 14; L. 1974, ch. 352, § 182; L. 1979, ch. 335, § 1; L. 1984, ch. 313, § 150; L. 2010, ch. 17, § 216; July 1.
If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History: L. 1973, ch. 417, § 15; July 1.
(a) Any person who violates any provision of the Kansas groundwater exploration and protection act, any rules and regulations adopted thereunder or any order issued by the secretary thereunder shall incur in addition to other penalties provided by law, a civil penalty not to exceed $5,000 for each violation. In the case of a continuing violation every day such violation continues shall be deemed a separate violation.
(b) The secretary of the department of health and environment or the director of the division of environment, if designated by the secretary, upon a finding that a person has violated any provision of the Kansas groundwater exploration and protection act, or any order issued or rule and regulation adopted thereunder, may: (1) Issue a written order requiring that necessary remedial or preventive action be taken within a reasonable time period; (2) assess a civil penalty for each violation within the limits provided in this section which shall constitute an actual and substantial economic deterrent to the violation for which assessed; or (3) both issue such order and assess such penalty. The order shall specify the provisions of the act or rules and regulations alleged to be violated and the facts constituting each violation. Such order shall include the right to a hearing. Any such order shall become final unless, within 15 days after service of the order, the person named therein shall request in writing a hearing by the secretary. If a hearing is requested, the secretary shall notify the alleged violator or violators of the date, place and time of the hearing.
(c) No civil penalty shall be imposed under this section except after notification by issuance and service of the written order and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.
(d) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(e) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(f) Nothing in this act shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor.
History: L. 1989, ch. 311, § 2; L. 2001, ch. 5, § 475; L. 2010, ch. 17, § 217; July 1.
(a) Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any person to restrain or prevent any violation of the provisions of the Kansas groundwater exploration and protection act or of any rules and regulations adopted thereunder.
(b) In any civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction or permanent injunction is sought, it shall be sufficient to show that a violation of the provisions of this act or the rules and regulations adopted thereunder has occurred or is imminent. It shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued or that the remedy at law is inadequate.
History: L. 1989, ch. 311, § 3; L. 2010, ch. 17, § 218; July 1.
(a) The provisions of K.S.A. 82a-1216 and 82a-1217 shall not apply with respect to any sand point or well point which is used for domestic purposes, or the reconstruction, replacement or treatment thereof, and which has not been abandoned, until the secretary adopts minimum standards for the construction, reconstruction, treatment and plugging of sand points or well points, except that a temporary restraining order, preliminary injunction or permanent injunction may be obtained pursuant to K.S.A. 82a-1217 if a health hazard is shown to exist or to be imminent.
History: L. 1989, ch. 311, § 4; July 1.
K.S.A. 82a-1216, 82a-1217 and 82a-1218 shall be part of and supplemental to the Kansas groundwater exploration and protection act.
History: L. 1989, ch. 311, § 5; July 1.
As used in this act, unless the context otherwise requires:
(a) "Director" means the director of the Kansas water office.
(b) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.
(c) "Authority" means the Kansas water authority.
(d) "Person" means and includes a natural person, partnership, organization, association, private corporation, public corporation, any taxing district or political subdivision of the state, and any department or agency of the state government.
(e) "Public corporation" means a body that has for its object the government of a political subdivision of this state and includes any county, township, city, district, authority, or other municipal corporation or political subdivision of this state.
(f) "Federal government" means the United States of America or any department or agency thereof.
(g) "Point of diversion for a reservoir" means the point where the longitudinal axis of the dam of a reservoir crosses the center of the streambed.
(h) "Point of rediversion" means the point where released water is taken for beneficial use from the watercourse by which it is transported.
(i) "Point of withdrawal from the reservoir" means the point at which water is taken from the reservoir by pump, siphon, canal or any other device or released through a dam by gates, conduits or any other means.
(j) "Capital cost" means all costs, including the principal and interest thereon, incurred by the state in the construction or acquisition of conservation storage water supply capacity in the reservoir system from which water may be contracted for sale.
(k) "Surplus waters" means waters within the conservation storage water supply capacity committed to the state, but not required to meet contractual requirements made pursuant to K.S.A. 82a-1305, and amendments thereto.
History: L. 1974, ch. 452, § 1; L. 1976, ch. 441, § 1; L. 1983, ch. 343, § 1; L. 1984, ch. 382, § 1; L. 1986, ch. 396, § 2; L. 2004, ch. 101, § 150; July 1.
Notwithstanding any other provision in the statutes of this state, waters in conservation storage water supply capacity in any reservoir on the effective date of this act on which the state has given a commitment are hereby recognized as waters belonging to the state subject to the provisions of this act.
History: L. 1974, ch. 452, § 2; L. 1986, ch. 396, § 3; July 1.
(a) Notwithstanding any other provisions in the statutes of this state, the director, in the manner provided in K.S.A. 82a-1304, and amendments thereto, shall be authorized, subject to approval of the authority, to acquire on behalf of the state a water reservation right to divert and store the waters of all streams flowing into the conservation storage water supply capacity or into the conservation storage water quality capacity of any reservoirs in which the state controls storage space whether under contracts with the federal government or otherwise. A water reservation right for waters flowing into the conservation storage water supply capacity shall be in an amount sufficient to insure a yield of water from the reservoir for beneficial use through a drought having a 2% chance of occurrence in any one year with the reservoir in operation. A water reservation right for waters flowing into the conservation storage water quality capacity shall be in an annual amount equal to the volume of the conservation storage water quality capacity, as agreed upon by the director of the Kansas water office and the chief engineer. The rights of the state under this section and those which are acquired under K.S.A. 82a-1304, and amendments thereto, shall be subject to all vested rights, appropriation rights, applications filed for permits to appropriate water and other vested property interests acquired prior to the state's acquisition, but not to those acquired thereafter. The chief engineer shall provide as a condition to a water reservation right acquired under K.S.A. 82a-1304, and amendments thereto, for waters flowing into the conservation storage water quality capacity in any reservoir that the state may divert and store inflows under such right only at times when the inflows exceed certain threshold levels, to be agreed upon jointly by the chief engineer and the director of the Kansas water office.
(b) Whenever the authority shall determine that it is in the public interest to acquire, reserve or purchase water located in another state for this state's conservation storage water supply capacity, it shall authorize the director to enter into contract negotiations to acquire, reserve or purchase such water. Any such contract shall be subject to final approval of the authority.
History: L. 1974, ch. 452, § 3; L. 1983, ch. 343, § 2; L. 1986, ch. 394, § 4; July 1.
The director, on behalf of the state, shall acquire a water reservation right by filing with the chief engineer a written notice which shall include the following:
(a) The name of the stream on which the reservoir is located;
(b) the reservoir on which a water reservation right is sought;
(c) the legal description of the point of diversion for the reservoir;
(d) the storage space in the reservoir for supply or for water quality described in terms of elevation and design capacity;
(e) for a water reservation right for waters flowing into the conservation storage water supply capacity of any reservoir, hydrologic calculations for a drought having a 2% chance of occurrence in any one year with the reservoir in operation, specifying the rate of flow of streams into the reservoir and the volume of waters impounded in the reservoir that will be necessary to insure a yield of water from the reservoir for beneficial use;
(f) for a water reservation right for waters flowing into the conservation storage water quality capacity of any reservoir, information on rates of flow into the reservoir; and
(g) such other information which the chief engineer may request in carrying out provisions of this act.
Upon receiving any such filing, the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof, or inform the director in writing that the notice does not comply with the above requirements in one or more ways, all of which shall be specified. Thereupon, the director shall modify the written notice as may be appropriate and return the notice to the chief engineer. When the written notice complies with the requirements of this section the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof. Upon receipt of the written acceptance of the chief engineer as provided in this section, the director shall file, as other instruments affecting real estate, copies of the accepted written notice in the office of the register of deeds of the county or counties wherein the point of diversion for the reservoir is located; and such water reservation right shall thereby be perfected as of the date of original filing.
Nothing in this section shall require the director to acquire an appropriation right, or approval of the chief engineer, under article 7 of chapter 82a of Kansas Statutes Annotated.
History: L. 1974, ch. 452, § 4; L. 1983, ch. 343, § 3; L. 1986, ch. 394, § 5; July 1.
(a) Whenever the authority finds that a proposed withdrawal and use of water, other than surplus waters, is in the interest of the people of the state of Kansas and will advance the purposes set forth in article 9 of chapter 82a of Kansas Statutes Annotated, and amendments thereto, it shall authorize the director to enter into negotiations for the purpose of entering into written contracts with any person for withdrawal and use within or without the state of waters from conservation storage water supply capacity committed to the state. Every such contract shall comply with the provisions of this act. Except as provided in the water assurance program act, the director shall not contract for withdrawals of water from a particular reservoir which in the director's opinion are in excess of the yield capability from the conservation storage water supply capacity in such reservoir committed to the state computed to provide water through a drought having a 2% chance of occurrence in any one year with the reservoir in operation. All contracts under this section shall have terms of not less than 10 years unless desired by the applicant. Whenever a contract expires the director shall give the persons with whom the director contracted therein, the opportunity to first refuse any new offering of the water before offering the same to applicants under the provisions of K.S.A. 82a-1310a, and amendments thereto.
(b) Whenever the authority finds that it is in the public's interest and will advance the purposes set forth in this act and in article 9 of chapter 82a of Kansas Statutes Annotated, and amendments thereto, the authority shall authorize the director to dispose of waters found by the authority to be surplus waters. Any arrangement for the disposition of any such surplus waters shall not be subject to the provisions of K.S.A. 82a-1306, 82a-1307 and 82a-1308a, and amendments thereto, relating to long-term contracts. No such arrangement shall be made for a period of time in excess of one year nor shall any such arrangement dispose of water from the conservation water supply capacity in excess of 10% of the yield capability as computed pursuant to subsection (a) unless the governor has declared that an emergency exists which affects the public health, safety or welfare. No charges shall be levied on the disposition of surplus waters when the purpose for such disposition is streamflow maintenance or reservoir pool management. A charge at a rate not to exceed the rate established pursuant to K.S.A. 82a-1306, and amendments thereto, shall be levied on the disposition of surplus waters when the purpose of such disposition is the maintenance of public health. A charge at a rate that may exceed the rate established pursuant to K.S.A. 82a-1306, and amendments thereto, shall be levied on the disposition of surplus waters when the purpose for such disposition is other than streamflow maintenance, reservoir pool management or maintenance of public health.
History: L. 1974, ch. 452, § 5; L. 1976, ch. 441, § 2; L. 1977, ch. 358, § 1; L. 1983, ch. 343, § 4; L. 1984, ch. 382, § 2; L. 1986, ch. 396, § 4; July 1.
(a) Every contract made under authority of K.S.A. 82a-1305, and amendments thereto, shall include the following:
(1) Provision for charges, which shall be set by the director, subject to approval by the authority, at a rate which the director shall fix per 1,000 gallons of water at the point of withdrawal from the reservoir as provided in K.S.A. 82a-1308a, and amendments thereto;
(2) except as provided in subsection (b), provisions for a minimum annual charge to be paid in either an annual lump sum or in 12 equal monthly installments, whether or not water is withdrawn during the calendar year. The minimum annual charge shall be the sum of 50% of the total amount of water contracted for that year multiplied by the rate fixed under paragraph (1), plus, the remaining 50% of the water reserved under contract for that year, an amount as interest computed at a rate per annum equal to the average of the monthly net earnings rates for the pooled money investment portfolio for the preceding calendar year on the net amount of moneys advanced from state funds for costs incurred and associated with that portion of the state's conservation water supply capacity. The amount of water contracted for during the term may be based upon either equal annual amounts or an agreed-upon graduated scale which would be the best estimate at the time of contracting for the purchaser's water needs during the term of the contract;
(3) provisions that the director shall review and may adjust the rate provided in paragraph (1) on July 15 of each year effective January 1 of the following year to reflect any change in experience by substituting the adjusted rate for the rate then stated in the contract;
(4) provisions that the director may adjust the total amount of water contracted for as provided under paragraph (2) on the sixth anniversary of the execution of the contract and each annual anniversary thereafter, if the contractor does not begin full payment for the water under contract and another water user is ready, willing and able to contract for such water;
(5) provisions that water may be withdrawn in any calendar year up to the quantity used to compute the minimum annual charge under paragraph (2) without additional charge;
(6) provisions that water may be withdrawn in any calendar year in excess of the quantity used to compute the minimum annual charge under paragraph (2) but not to exceed the full amount specified in the contract for each year, upon payment of a charge therefor which shall be computed at the rate fixed under paragraph (1) for all water actually withdrawn. In addition, an amount shall be paid, on the unused balance of the water reserved under contract that calendar year, as interest computed as a rate per annum equal to the average of interest earned the past calendar year on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board on the net amount of moneys advanced from state funds for costs incurred and associated with that portion of the state's conservation water supply capacity;
(7) provisions that if the total amount of waters contracted for withdrawal from any reservoir in any year is greater than the supply available from that reservoir, the director, subject to approval by the authority, will apportion the available waters among the persons having contracts therefor as may best provide for the health, safety and general welfare of the people of this state as determined by the authority, and neither the state nor the authority shall be responsible or have any legal liability for any insufficiency of water or apportionment thereof;
(8) additional provisions that the director finds reasonable and necessary to protect the public's interest and to achieve the purpose set forth in article 9 of chapter 82a of Kansas Statutes Annotated, and amendments thereto; and
(9) additional provisions, within the purview of this act, that the director finds reasonable and necessary to protect the health, safety and general welfare of the people of this state.
(b) Every contract entered into under the authority of K.S.A. 82a-1305, and amendments thereto, may provide, if the parties agree, that the beginning of the payment period be deferred until water is available and whenever, in order to use such water, bonds are required to be issued or the construction of transmission or treatment facilities is required as follows: If water is not available at the time of contracting, for a maximum of three years from the date the water first becomes available, or until actual use of the water commences, whichever occurs first. If water is available at the time of contracting, the beginning of the payment period may be deferred to a date three years from the date of the contract, or until actual use of the water commences, whichever occurs first.
History: L. 1974, ch. 452, § 6; L. 1976, ch. 441, § 3; L. 1983, ch. 343, § 5; L. 1984, ch. 382, § 3; L. 1986, ch. 396, § 5; L. 1998, ch. 123, § 5; July 1.
On or before the 30th calendar day of each regular legislative session, the director shall transmit to the house of representatives and the senate of this state, and to the secretary of state, copies of each contract made and executed under K.S.A. 82a-1305, and amendments thereto, since the 30th
day of the regular legislative session occurring most recently prior to such transmission. Such contract copies transmitted to the secretary of state shall be and remain filed in the office of the secretary of state from the date transmitted until the end of the fifth year following the end of the term thereof, and during such time shall be available for public inspection during regular business hours. At any time after the 30th calendar day of the regular legislative session when a contract is transmitted as provided in this section, the legislature may disapprove and revoke such contract by adoption of a concurrent resolution so providing. No contract under K.S.A. 82a-1305, and amendments thereto, shall be subject to revocation by the legislature after the 90th calendar day of such regular legislative session. Any annual installment or other amount due prior to legislative revocation shall be a valid obligation and shall be paid, but no annual installment or other amount due after legislative revocation shall be valid.
History: L. 1974, ch. 452, § 7; L. 1976, ch. 441, § 4; L. 1982, ch. 438, § 1; L. 1983, ch. 343, § 6; L. 1986, ch. 396, § 6; July 1.
History: L. 1974, ch. 452, § 8; L. 1976, ch. 441, § 5; Repealed, L. 1983, ch. 343, § 19; March 17.
(a) On July 15 of each year, effective January 1 of the following year, the director, subject to the approval of the authority, shall fix the rate provided for in subsection (a) of K.S.A. 82a-1306, and amendments thereto. The rate fixed shall be equal to the sum of the following components computed as provided in this section:
(1) An amount necessary to repay the amortized capital costs associated with the state's conservation water supply capacity;
(2) an amount as interest computed at a rate per annum equal to the average of the monthly net earnings rate of the pooled money investment board for the preceding calendar year on the net amount of moneys advanced from the state general fund for payment of the amortized capital costs incurred and associated with the state's conservation water supply capacity divided by the greater of: (A) Fifty percent of the total amount of water under each contract from the state's conservation storage water supply capacity in the preceding year; or (B) the total amount of water withdrawn under each contract from the state's conservation storage water supply capacity in the preceding year;
(3) the amount necessary to reimburse the state for the administration and enforcement of this act based on the actual costs of administration and enforcement in the preceding year divided by the greater of: (A) Fifty percent of the total amount of water under each contract from the state's conservation storage water supply capacity in the preceding year; or (B) the total amount of water withdrawn under each contract from the state's conservation storage water supply capacity in the preceding year; and
(4) the amount necessary to pay the operation, maintenance and repair costs associated with the state's conservation water supply capacity based on the estimated costs for the upcoming year divided by the greater of: (A) Fifty percent of the total amount of water under each contract from the state's conservation storage water supply capacity in the preceding year; or (B) the total amount of water withdrawn under each contract from the state's conservation storage water supply capacity in the preceding year; and
(5) an amount as a depreciation reserve cost to be dedicated for the purposes provided for in K.S.A. 82a-1315b, and amendments thereto, as follows: (A) For calendar years prior to 2007, an amount equal to $.025; and (B) for calendar year 2007 and subsequent years, an amount which is equal to the amount necessary to meet the needs of the water marketing program capital development and storage maintenance plan, as approved by the Kansas water authority.
(b) In computing such rates, the director shall consider the state's conservation water supply capacity from all sources as though impounded in one single reservoir. No water supply capacity of a reservoir shall be considered to be in such capacity until the year in which the state incurs contract obligations for the project. The rate so fixed for each year shall be the same for each contract under K.S.A. 82a-1305, and amendments thereto, for withdrawal from every reservoir. The rate fixed for each twelve-month period from January 1 to December 31 shall be the same for every contract under K.S.A. 82a-1305, and amendments thereto.
History: L. 1983, ch. 343, § 7; L. 1984, ch. 382, § 4; L. 1986, ch. 396, § 7; L. 1998, ch. 123, § 6; L. 2005, ch. 180, § 1; July 1.
The director may require any person withdrawing water pursuant to a contract under K.S.A. 82a-1305, and amendments thereto, to install meters, gauges or other measuring devices in accordance with specifications of the director. The director or the director's agents may read any such device at any time, and may require any such person to report the readings of any such device at reasonable intervals. The director may test any such device at any time or require any such person to test the device as such director specifies and make a report thereof to the director. All such devices shall be maintained in good order. The director may require any such person to make specified repairs or maintenance to the device or replace the same as may be reasonable.
History: L. 1974, ch. 452, § 9; L. 1983, ch. 343, § 8; March 17.
History: L. 1974, ch. 452, § 10; Repealed, L. 1983, ch. 343, § 19; March 17.
Any person desiring to enter into a contract under K.S.A. 82a-1305, and amendments thereto, shall file an application therefor with the director. Such application shall be in such form and contain such information as the director requires.
History: L. 1983, ch. 343, § 9; L. 1986, ch. 396, § 8; July 1.
History: L. 1974, ch. 452, § 11; Repealed, L. 1983, ch. 343, § 19; March 17.
(a) The date of receipt of each application submitted pursuant to K.S.A. 82a-1310a, and amendments thereto, shall be stamped thereon and authenticated as directed by the director. Applicants shall notify the director in writing that they wish to commence negotiations for a contract to withdraw and use water. Within 10 days after the completion of negotiations for a contract to withdraw and use water, the director shall transmit to the chairperson of the authority a copy of the proposed contract.
(b) Upon request of the chairperson of the authority, the director shall transmit all available information necessary to determine whether or not to approve a contract to purchase water from the state's conservation water supply capacity or to use surplus waters for minimum streamflow requirements, unless an emergency exists.
(c) In order to determine whether a proposed contract for the sale of water from the state's conservation water supply capacity is in the interest of the people of the state of Kansas and whether the benefits to the state for approving the contract outweigh the benefits to the state for not approving the contract, the authority shall consider all matters pertaining to such questions, including:
(1) The present and future water supply needs of the applicant;
(2) any current beneficial uses being made of the noncontracted water proposed to be diverted;
(3) any reasonably foreseeable future beneficial uses of the water;
(4) the economic, environmental, public health and welfare and other benefits or adverse impact of approving the contract;
(5) alternative sources of water available to the applicant;
(6) the preliminary plan of design, construction and operation of any works or facilities used in conjunction with carrying the water to its point of use;
(7) whether the proposed purchase is consistent with the state water plan approved by the legislature;
(8) the date of receipt of the application to contract for withdrawal and use of water;
(9) minimum streamflow requirements; and
(10) whether the applicant has adopted and implemented a water conservation plan.
(d) The authority may require an applicant for a contract for the sale of water from the state's conservation water supply capacity to adopt and implement conservation plans and practices. Such plans and practices shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office pursuant to subsection (c) of K.S.A. 74-2608, and amendments thereto. Prior to approval of an application, the director of the Kansas water office, in consultation with the chief engineer, shall determine whether such plans and practices are consistent with the guidelines adopted by the Kansas water office.
(e) The authority may approve or reject the proposed contract and may recommend purchase of water from an alternative source. The authority may approve a contract for a smaller amount of water than requested and may approve a contract upon such terms, conditions and limitations as it deems necessary for the protection of the public interest of the state as a whole.
History: L. 1983, ch. 343, § 10; L. 1986, ch. 392, § 5; L. 1986, ch. 396, § 9; July 1.
A copy of every contract entered into under K.S.A. 82a-1305, and amendments thereto, shall be filed with the chief engineer by the person who is to receive water under the contract.
History: L. 1974, ch. 452, § 12; L. 1983, ch. 343, § 11; March 17.
Persons having contracts under K.S.A. 82a-1305 for withdrawal of water may use waters withdrawn thereunder as provided in such contract without obtaining a permit or water right under article 7 of chapter 82a of Kansas Statutes Annotated. Such persons shall be entitled to the same protection of their rights under such contracts as the owner of any other vested property interest (including vested rights, appropriation rights and approved applications for permits to appropriate water) is entitled to receive. No person shall be entitled to any waters withdrawn under this act from the conservation storage water supply of any reservoir except in accordance with a contract under K.S.A. 82a-1305.
History: L. 1974, ch. 452, § 13; March 22.
Whenever a person, who has a contract under K.S.A. 82a-1305, and amendments thereto, wishes to make a withdrawal of water, such person shall so advise the director as provided in the contract. Whenever the bed of a watercourse is to be used to carry waters so released, the director shall inform the chief engineer who shall, upon four working days' notice, protect any such release. The director shall request the authorities in charge of the operation of the reservoir to make an appropriate release of water. The person for whom waters are released may conduct such waters into and along any watercourse and may withdraw or redivert the same at points specified in such person's contract, without regard to holders of water rights to the waters of the watercourse, due allowance being made for seepage and evaporation. The provisions of K.S.A. 82a-706b to 82a-706e, inclusive, and amendments thereto, shall apply to water so released. In addition to such authority and duties, the chief engineer shall protect and shall have authority to enter into agreements necessary to protect any release of water.
History: L. 1974, ch. 452, § 14; L. 1983, ch. 343, § 12; L. 1984, ch. 382, § 5; L. 1986, ch. 396, § 11; July 1.
History: L. 1974, ch. 452, § 15; Repealed, L. 1983, ch. 343, § 19; March 17.
Amounts charged pursuant to contracts entered into pursuant to K.S.A. 82a-1305, and amendments thereto, and all other amounts charged pursuant to this act shall be paid to the director. Upon receipt, the director shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer, except as provided in K.S.A. 82a-1315b, and amendments thereto, shall deposit the entire amount in the state treasury to the credit of the water marketing fund.
History: L. 1983, ch. 343, § 13; L. 1991, ch. 290, § 2; L. 2001, ch. 5, § 476; July 1.
(a) The director, subject to approval of the authority, shall acquire or develop conservation storage water supply capacity in impoundments deemed necessary to implement the state water plan.
(b) That portion of all moneys received by the state treasurer pursuant to K.S.A. 82a-1315a, and amendments thereto, which is not attributable to: (1) The annual repayment on water storage costs in federal reservoirs as computed under subsection (a)(1) of K.S.A. 82a-1308a, and amendments thereto; (2) the operation, maintenance and repair costs associated with the state's conservation water supply capacity; and (3) the costs in administering and enforcing the provisions of this act, shall be deposited in the state treasury to the credit of the state conservation storage water supply fund which is hereby established. The director shall provide the treasurer with an accounting of the total remittances and shall deposit money only to the credit of the state conservation storage water supply fund after the full amount of the costs attributable to the water marketing fund from the preceding calendar year have been repaid. For purposes of calculating the rate in K.S.A. 82a-1308a, and amendments thereto, effective beginning calendar year 1986, all moneys received pursuant to this act since 1975 shall be credited for repayment of the components in the following order: paragraphs (1), (4), (3), (2), (5) of subsection (a) of K.S.A. 82a-1308a, and amendments thereto.
(c) The state conservation storage water supply fund shall serve in part as a savings fund to further the purpose of this act and the fund shall be credited amounts for interest earned thereon in accordance with subsection (e). The director may accept or receive moneys from any source, governmental or private, for the purposes for which expenditures may be made from this fund. The director shall remit all such moneys to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state conservation storage water supply fund.
(d) All expenditures from the state conservation storage water supply fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or by a person or persons designated by the director and shall be used solely for the purpose of acquisition, development or maintenance of conservation storage water supply in impoundments deemed necessary to implement the state water plan, including expenditures related to the issuance of revenue bonds for such purposes and nonwater supply benefits associated with such purposes.
(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the conservation storage water supply fund interest earnings based on:
(1) The average daily balance of moneys in the conservation storage water supply fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 1983, ch. 343, § 14; L. 1986, ch. 396, § 12; L. 1991, ch. 290, § 3; L. 1998, ch. 123, § 7; L. 2001, ch. 5, § 477; L. 2005, ch. 180, § 2; July 1.
(a) There is hereby created in the state treasury the water marketing fund. The director of the Kansas water office may accept or receive moneys from any source, governmental or private, for the purposes for which expenditures may be made from the water marketing fund. The director shall remit all moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the water marketing fund.
(b) Moneys credited to the water marketing fund shall be used for the following purposes:
(1) Payment to the federal government of annual capital costs associated with water supply storage space in reservoirs under the state water plan storage act;
(2) repayment to the state general fund for moneys advanced to make annual capital cost payments for water supply storage space in reservoirs under the state water plan storage act;
(3) payment to the federal government of annual operation, maintenance and repair costs associated with the water supply storage space under the state water plan storage act;
(4) payment of administration and enforcement costs of the state associated with the state water plan storage act;
(5) an annual set-aside to a reserve account which is hereby created as part of this fund of an amount specified by the director of the Kansas water office but not more than 1¢ per 1,000 gallons of water sold, such reserve to be used to meet any shortfall in revenue or unusual expenses relating to operation, maintenance and repair costs; and
(6) deposit of receipts as required under K.S.A. 82a-1315b, and amendments thereto.
(c) All expenditures from the water marketing fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or by a person designated by the director.
History: L. 1991, ch. 290, § 1; L. 2001, ch. 5, § 478; L. 2005, ch. 180, § 3; July 1.
No assignment, sale, conveyance or transfer of all or any part of a contract under K.S.A. 82a-1305, and amendments thereto, or of interest thereunder, or of interest therein shall be valid unless and until the same is approved by the authority under such reasonable terms and conditions as it may impose. Any contract under K.S.A. 82a-1305, and amendments thereto, may be amended or nullified by written agreement of the parties thereto made and recorded as provided in this act for original contracts under K.S.A. 82a-1305, and amendments thereto, but no such amendment shall change any rate specified in the original contract in accordance with either paragraphs (1) or (2) of subsection (a) of K.S.A. 82a-1306, and amendments thereto.
Every such contract amendment shall be transmitted as provided in K.S.A. 82a-1307, and amendments thereto for original contracts, and shall be subject to revocation as provided in K.S.A. 82a-1307, and amendments thereto. Whenever a contract amendment is so revoked, the contract to which the amendment applied shall remain valid and unchanged, as though such amendment had never been agreed upon.
History: L. 1974, ch. 452, § 16; L. 1983, ch. 343, § 15; March 17.
If any person financially obligated under a contract made under K.S.A. 82a-1305, and amendments thereto, should fail to make any of the payments when due, then the overdue payments shall bear interest compounded annually at the rate equal to the average rate of interest per annum earned in the preceding calendar year on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board until paid. This provision shall not be construed as giving the person an option of either making payments when due or paying interest nor shall it be construed as waiving any of the rights of the authority or the state of Kansas that might result from any default by the person.
History: L. 1974, ch. 452, § 17; L. 1983, ch. 343, § 16; L. 1984, ch. 382, § 6; L. 1986, ch. 396, § 13; July 1.
The authority may sue in its own name, or may authorize suit to be brought by an authorized representative in the name of the authority, to enforce any claim or right arising out of any contract under K.S.A. 82a-1305, and amendments thereto, any provision of this act or any rule and regulation adopted under this act. The authority may be sued and may defend any action brought against it arising out of any contract under K.S.A. 82a-1305, and amendments thereto. Nothing in this section shall be deemed to authorize any suit against the authority or any member thereof, or any officer or employee of the state or of the authority, on an implied contract, or for negligence or any other tort. The attorney general, or any attorney designated by the attorney general, shall represent the authority in all litigation.
History: L. 1974, ch. 452, § 18; L. 1983, ch. 343, § 17; March 17.
The director may adopt, subject to approval of the authority, rules and regulations for the administration and carrying out the purposes of this act.
History: L. 1974, ch. 452, § 19; L. 1983, ch. 343, § 18; March 17.
This act shall be known and may be cited as the "state water plan storage act."
History: L. 1974, ch. 452, § 20; March 22.
This act shall be known as and may be cited as the water assurance program act.
History: L. 1986, ch. 391, § 1; July 1.
As used in this act, unless the context otherwise requires:
(a) "Assurance storage" means that part of the conservation storage water supply capacity of any reservoir devoted to the storage water for the water assurance program;
(b) "assurance water" means water stored in assurance storage of a reservoir under a water reservation right and provided as supplemental water to eligible water right holders;
(c) "water assurance district" means an organization of eligible water right holders;
(d) "assurance reservoir" means any reservoir containing assurance storage;
(e) "eligible water right holder" means any entity holding a water right or permit, pursuant to K.S.A. 82a-701 et seq., and amendments thereto, to appropriate water from a stream or water from the alluvium of the stream downstream from an assurance reservoir for municipal or industrial purposes as determined by the chief engineer pursuant to K.S.A. 82a-1333; and
(f) "member" means an eligible water right holder who, because of a determination of benefit by the chief engineer, is required to participate in and is subject to the rules of a water assurance district. An eligible water right holder who withdraws water from the alluvium of a stream supplemented by an assurance reservoir shall be a member if the chief engineer determines there is a significant benefit to such holder from supplementing the stream by assurance reservoir releases.
History: L. 1986, ch. 391, § 2; July 1.
The Kansas water office, with advice from basin advisory committees, eligible water right holders and the chief engineer and with approval of the Kansas water authority, may negotiate and enter into contracts for assurance storage from federal reservoirs to be used for water assurance.
History: L. 1986, ch. 391, § 3; July 1.
Before a water assurance district is organized, and upon the request of the Kansas water office, the chief engineer shall determine the eligible water rights of the proposed district. In determining whether a water right may benefit, the chief engineer shall consider the following factors:
(a) The annual quantity and rate of diversion authorized by the water right and the frequency and the distribution of such use with time;
(b) the consumptive use, location and source of the water right; and
(c) such other factors as may be necessary to fully determine and understand the degree of such benefits.
History: L. 1986, ch. 391, § 4; July 1.
If a water assurance district is organized, participation in the water assurance program shall be mandatory for each eligible water right holder below an assurance reservoir if the chief engineer determines that such holder may be benefited by releases of assurance water from an assurance reservoir.
History: L. 1986, ch. 391, § 5; July 1.
(a) Before any water assurance district is organized, a petition shall be filed in the office of the secretary of state, signed by the eligible water right holders of water rights totaling more than 20% of the combined quantities of all eligible water rights within the proposed district as shown by a verified enumeration of the eligible water right holders and the total combined quantities of all eligible water rights taken by the chief engineer. A verified copy of the enumeration shall be attached to and filed with the petition in the office of the secretary of state.
(b) Every petition filed pursuant to subsection (a) shall state:
(1) The name of the proposed district, which name shall end with the words "water assurance district number ____________." It shall be the duty of the secretary of state to assign a number to each such district in the order in which petitions for their organization are received by the secretary's office;
(2) a list of the water rights, by file number as recorded in the office of the chief engineer, to be included within the proposed district;
(3) a statement of the purposes for which the district is to be organized;
(4) a statement of the number of persons that will constitute the board of directors of the district, which shall be an uneven number of not less than three nor more than nine, together with the names and addresses of the persons who will constitute the original steering committee;
(5) any other matter deemed essential; and
(6) a prayer for the organization of the district as a nonprofit corporation.
The petition shall be in substantially the following form:
BEFORE THE SECRETARY OF STATE OF THE STATE OF KANSAS
In the Matter of __________ Water Assurance District Number ____, __________ and __________ counties, Kansas.
PETITION
Come now the undersigned persons, or authorized representatives, and state that they are eligible water right holders within the proposed boundaries of the aforenamed water assurance district, hereinafter more fully described, and that each signer states that the signer's respective post office address is set forth beside the signer's name. That the purposes for which this district is organized are (state purposes). That a steering committee for the organization of the district is hereby fixed and constituted with five members; that the names of persons who will serve on the original steering committee, of which the first named shall be acting chairperson, and their respective addresses are as follows:
(List names and addresses.)
The governing body of the district shall be constituted in a board of directors composed of (number) qualified members.
Wherefore, the undersigned, individually and collectively, pray that a water assurance district be organized in the manner provided by law, for the purposes set forth herein, and that the secretary of state and the chief engineer of the division of water resources of the Kansas department of agriculture proceed diligently in the performance of their duties so that the organization of this proposed district may be completed and approved at the earliest possible time.
Submitted to the secretary of state this ______ day of __________, ____.
History: L. 1986, ch. 391, § 6; L. 2004, ch. 101, § 151; July 1.
A copy of the petition, required by K.S.A. 82a-1335, setting forth the text of the petition in full, shall be circulated among the eligible water right holders of the proposed district. A duplicate original or a photographic copy of the original petition, with copies of all signature sheets attached thereto, shall be furnished to the county clerk of each county wherein lies a part of the proposed district. All counterparts shall be filed with the secretary of state at the same time and shall be received and treated by the secretary as a single petition. The secretary of state shall determine the sufficiency or insufficiency of the petition on the basis of the information as to the number and qualification of signers as shown by the verified enumeration filed with the petition. The secretary of state shall endorse the findings and the date thereof on the face of the petition, and shall notify in writing, the person designated in the petition as the acting chairperson of the steering committee of the findings.
History: L. 1986, ch. 391, § 7; July 1.
If the secretary of state finds the petition, as required by K.S.A. 82a-1335, to be sufficient as to form and the number and qualifications of the petitioners, the secretary shall prepare a certified copy of the petition and transmit the same to the chief engineer within five days from the date of such finding. Upon receipt of such certified copy, the chief engineer shall institute an investigation of the proposed district, its territory and purposes, and within 90 days after receipt of the copy shall transmit a written report of the findings on the petition, together with the chief engineer's written approval or disapproval of the petition, to the secretary of state and the acting chairperson of the steering committee named in the petition.
The chief engineer shall approve such petition if the chief engineer finds:
(a) That the proposed district would not include water rights in any existing water assurance district; and
(b) that the statement of purposes contained in the petition conforms with the intents and purposes of this act.
If the chief engineer approves such petition, the chief engineer shall transmit a certified copy of the report containing all findings to the secretary of state and to the chairperson of the steering committee of the district.
History: L. 1986, ch. 391, § 8; July 1.
Within 10 days after receipt of a certified copy of the chief engineer's report approving the petition, as required by K.S.A. 82a-1335, or the petition as amended, the chairperson of the steering committee of the proposed district shall call a meeting of the committee by mailing a written notice fixing the time and place of such meeting to each member of the committee. The committee shall meet at the time and place fixed in the notice for the purpose of adopting a resolution giving notice of an election at which all eligible water right holders shall be entitled to vote on the question of whether the district should be formed in accordance with the petition as approved by the chief engineer. A copy of such resolution shall be mailed to all eligible water right holders within the proposed district not less than 21 days prior to such election. The resolution shall state when and where the election shall be held and the proposition to be voted on. It shall contain a copy of the petition as approved by the chief engineer (omitting the map attached as an exhibit) and shall be signed by the chairperson and attested by the secretary of the steering committee. The steering committee shall conduct the election, canvass the vote, and certify the results to the secretary of state. If eligible water right holders representing more than 50% of the combined quantities of the eligible water rights within the proposed district vote in favor of the organization and creation of the district, the secretary of state shall issue to the steering committee a certificate of incorporation for the district, which shall be filed of record in the office of the register of deeds of each county in which all or a portion of the district lies. Upon such recordation of the certificate of incorporation, the district shall be authorized to function in accordance with the provision of this act and its certificate of incorporation. If eligible water right holders representing more than 50% of the combined quantities of the eligible water rights within the proposed district vote against the organization and creation of the district, the secretary of state shall endorse that fact on the face of the petition and the proceedings shall be closed. No action attacking the legal incorporation of any water assurance district organized under this section shall be maintained unless filed within 90 days after the issuance of the certificate of incorporation for such district by the secretary of state, nor shall the alleged illegality of the incorporation of any such district be interposed as a defense to any action brought after such time.
History: L. 1986, ch. 391, § 9; July 1.
If the organization of the proposed water assurance district is defeated at the election or if the petition, as required by K.S.A. 82a-1335, is disapproved by the chief engineer, the steering committee named in the petition shall determine the amount of money necessary to pay all of the costs and expenses incurred in the preparation and filing of the petition and in the conduct of the election and the steering committee shall assume the obligation for the payment of such costs and expenses but no cost shall be assessed by any state agency.
History: L. 1986, ch. 391, § 10; July 1.
All powers granted to water assurance districts incorporated under the provisions of this act shall be exercised by a board of directors which shall be composed of any odd number of directors and specified in the petition for creation of the district. The board shall be composed of not less than three nor more than nine representatives of the district members. Each director shall serve for a term of three years, and until a successor is elected and qualified, except that as nearly as possible ⅓ of the original directors designated in the petition for organization of the district shall serve for a term of one year, ⅓ for a term of two years, ⅓ for a term of three years.
History: L. 1986, ch. 391, § 11; July 1.
Within not more than 90 days after the recording of the certificate of incorporation, a meeting open to all members of the district shall be held by the steering committee for the election of the initial board of directors of the district. A notice of the meeting shall be mailed to all members by the steering committee at least 10 days prior to the date thereof. Each member in the district shall be entitled to vote for as many candidates as the number of directors that are to be elected, but may not cast more than one vote for any one candidate. The candidates receiving the greatest number of votes cast shall respectively be declared elected. The board of directors, after being duly elected, shall elect from its number a president, vice-president, secretary and a treasurer. In districts having only three directors, the board shall elect one director to hold the offices of secretary and treasurer. A majority of the directors shall constitute a quorum for the transaction of business and a majority of those voting shall determine all actions taken by the board. In the absence of any of the duly elected officers, those directors present at any meeting may select a director to act as an officer pro tem. The elected board shall fill any vacancy occurring on the board prior to the expiration of the term of any director by selecting a replacement from among the members of the district to serve for the unexpired term.
History: L. 1986, ch. 391, § 12; July 1.
In not less than 12 months nor more than 13 months after the recording of the certificates of incorporation, and annually thereafter, a meeting shall be held for the election of directors whose terms expire, to render a report on the financial condition and activities of the district and to adopt a budget in the manner provided by K.S.A. 79-2925 et seq., and amendments thereto. Notice of the annual meeting shall be given at least 10 days prior to the date thereof to all members in the district.
The number of directors of a district or the date of the annual meeting, or both, may be changed at an annual meeting if notice of the proposed changes is included in the notice for the annual meeting at which such changes are to be considered.
History: L. 1986, ch. 391, § 13; July 1.
Regular meetings of the board of directors shall be held quarterly at the office of the corporation on such day as is selected by the board of directors. Notice of such meeting shall be mailed to each director at least five days prior to the date thereof. Special meetings may be held at any time on the call of the president of the board. Notice shall be mailed to each director at least two days prior to the time fixed for such special meeting.
History: L. 1986, ch. 391, § 14; July 1.
Each water assurance district incorporated under the provisions of this act shall be a body politic and corporate and shall have the power to:
(a) Adopt a seal;
(b) sue and be sued by its corporate name;
(c) purchase, hold, sell and convey land and personal property and to execute such contracts as the board of directors, deems necessary or convenient to enable it to carry out the purpose for which organized;
(d) employ such professional, technical and clerical services and other assistance as deemed necessary by the board of directors;
(e) acquire personal property by gift or purchase;
(f) impose charges as provided by this act;
(g) select a residence or home office for the water assurance district, which shall be at a place in a county in which the district or any part thereof is located and may be either within or without the district as may be designated by the board of directors; and
(h) take any other action necessary to achieve the purposes of the state water assurance program.
History: L. 1986, ch. 391, § 15; July 1.
(a) The water assurance district shall impose a charge against each member of the water assurance district. The total of such charges shall be sufficient to enable the district to pay the state the full annual amortized cost to the state of acquiring the assurance storage from the federal government by purchase or trade, the cost of operation and maintenance of the assurance storage, the cost of state administration and enforcement of the assurance program. The water assurance district also may impose a charge against each member of the district in an amount sufficient to cover district operating costs. The water assurance district shall impose any charges necessary for the payment of the principal of and interest on revenue bonds issued by the Kansas water office pursuant to the provisions of Chapter 394 of the Laws of 1986. The water assurance district shall determine the amount of the charge for each member and shall remit moneys collected to the Kansas water office for deposit in the fund created pursuant to K.S.A. 82a-1364. Charges to be paid by members of a water assurance district may vary and shall be based on the principle of having each member pay for the pro rata quantity authorized to each member from the assurance program. In determining the charge, the governing body of the district shall adopt rules which establish guidelines for prospective members.
(b) The director of the Kansas water office shall request releases of assurance water by the federal government under the agreements with the federal government that govern operations of reservoirs containing assurance storage.
(c) No member below a reservoir shall divert water from releases of assurance water unless the member has a conservation plan which has been approved in the manner provided by K.S.A. 82a-1348 and which is in effect at the time of the desired diversion.
(d) An entity which becomes a holder of a water right in a river basin after an assurance program is in place for that basin shall become a member if the chief engineer determines that sufficient additional water may be yielded from assurance reservoirs to benefit the potential new member.
(e) The director of the Kansas water office and the chief engineer each shall adopt any rules and regulations necessary to carry out the purposes and procedures of this act. The director and the chief engineer shall consider the advice of any existing assurance districts in the preparation of any rules and regulations adopted pursuant to this subsection.
(f) Any holder of a water right below a reservoir aggrieved by a decision of the chief engineer under this act by being either included or excluded as a member in the assurance program may appeal to the district court under K.S.A. 82a-724, and amendments thereto.
(g) Payments required under a contract between a water assurance district and the Kansas water office shall be for storage capacity contracted in federal reservoirs. Nothing in this act shall be deemed to authorize any suit against the state or any agency of the state or person employed by the state on an implied contract or for negligence or any other tort. The director of the Kansas water office may sue to enforce any claim arising out of a contract. Payment of the assessment shall be a condition imposed on every member and the chief engineer is authorized to declare the suspension of any use of assurance water where a payment is not made.
(h) Rights of members to receive assurance water may not be transferred separately from their water rights.
History: L. 1986, ch. 391, § 16; July 1.
Nothing in this act shall prohibit any person from contracting to purchase or otherwise obtaining from the federal government emergency water stored in federal reservoirs and under the control of the federal government under rules and regulations of any agency of the federal government.
History: L. 1986, ch. 391, § 17; July 1.
If any eligible water right holder in a water assurance district organized under the provisions of this act requests an opportunity to renegotiate any existing contracts for the purchase of water supply under the terms of K.S.A. 82a-1301 et seq., and amendments thereto, the Kansas water authority and the Kansas water office shall conduct such negotiations on a timely basis and on the provisions for which negotiations are requested.
History: L. 1986, ch. 391, § 18; July 1.
Each member of a water assurance district shall adopt conservation plans and practices for such member. Such plans and practices shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office pursuant to K.S.A. 74-2608, and amendments thereto. Prior to entering into a contract with an assurance district, the director of the Kansas water office, in consultation with the chief engineer, shall determine whether such plans and practices are consistent with the guidelines for conservation plans and practices adopted by the Kansas water office.
History: L. 1986, ch. 392, § 7; July 1.
(a) There is hereby created in the state treasury the water supply storage assurance fund. The director of the Kansas water office may accept or receive moneys from water assurance districts for the purposes for which expenditures may be made from the water supply storage assurance district fund. The director shall remit all moneys so received to the state treasurer at least monthly. Upon receipt of any such remittance the state treasurer shall deposit the entire amount in the state treasury and credit such amount to the water supply storage assurance fund. Moneys deposited to the credit of the water supply storage assurance fund which are received from a water assurance district shall be credited to a separate subaccount.
(b) Moneys in such subaccounts may be expended for the following purposes:
(1) Payment to the federal government of annual capital costs of water supply storage in federal reservoirs under the water assurance program act;
(2) payment and reimbursement to the water marketing fund for water supply storage space previously paid for with revenue from the water marketing fund, if such storage space has been transferred to the water assurance program;
(3) payment and reimbursement to the state general fund for water supply storage space previously paid for with revenue from the state general fund, if such storage space has been transferred to the water assurance program;
(4) payment and reimbursement to the state water plan fund for water supply storage space previously paid for with revenue from the state water plan fund, if such storage space has been transferred to the water assurance program;
(5) payment to the federal government of annual operation, maintenance and repair costs associated with the water supply storage space dedicated for the use of water assurance districts; and
(6) payment and reimbursement to the water marketing fund and the state general fund for costs incurred by the state for the administration and enforcement of applicable state laws governing the operations and management of the water assurance program as provided in contracts with water assurance districts.
(c) All expenditures from the water supply storage assurance fund shall be made in accordance with appropriation acts upon warrants issued pursuant to vouchers approved by the director of the Kansas water office or by a person designated by the director.
History: L. 2006, ch. 198, § 1; July 1.
As used in K.S.A. 82a-1360 to 82a-1368, inclusive, unless the context otherwise requires:
(a) "Director" means the director of the Kansas water office.
(b) "Revenue bonds" means bonds issued pursuant to this act and payable as to both principal and interest from (1) the revenue derived from water supply contracts with water users who will derive benefits from the construction of a large reservoir project or from the purchase of space in existing reservoirs; (2) the revenue from participants in water assurance programs; (3) in the discretion of the director, the proceeds of any grant-in-aid which may be received from any source; or (4) any one or more of the foregoing.
(c) "Large reservoir project" means a structure that has been planned, authorized and constructed by the federal government or the state of Kansas which contains waters for conservation storage water supply.
History: L. 1986, ch. 394, § 7; July 1.
(a) The Kansas water office is hereby authorized to issue and sell revenue bonds for the purpose of paying all or part of the cost of acquiring a site or sites, constructing, reconstructing, improving and expanding large reservoir projects or to finance the purchase of storage in existing reservoirs. The revenue bonds may be issued from time to time and sold in amounts which the director deems necessary for such purposes.
(b) Prior to the issuance of the revenue bonds, the director shall adopt a resolution or resolutions in the name and on behalf of the Kansas water office, which resolution or resolutions, unless otherwise provided therein, shall take effect immediately and:
(1) Determine an interest rate or rates to be paid on the principal of the revenue bonds not in excess of the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto;
(2) determine that the revenue bonds will be term or serial bonds or any combination thereof maturing not later than 40 years from the date of issuance;
(3) make provision for charges in water supply contracts with water users who will derive benefits from the construction of a large reservoir project or from the purchase of space in existing reservoirs and fix charges to participants in water assurance programs in an amount necessary to assure the prompt payment of the principal of and interest on the revenue bonds as they become due, to maintain any required reserves and to provide for any deficits resulting from failure to receive sums payable to the Kansas water office by such water users or participants in water assurance programs or resulting from any other cause, and shall sell the revenue bonds in the manner provided by K.S.A. 10-106, and amendments thereto, at a price of not less than 90% of the par value thereof; and
(4) register the revenue bonds with the state treasurer.
(c) Prior to the issuance of the revenue bonds, the director may:
(1) Pledge to the payment of the principal and interest on the revenue bonds the gross revenues derived from water supply contracts with water users from revenue from participants in water assurance programs or from any one or more or all of such sources;
(2) pledge to the payment of the principal of and interest on the revenue bonds the proceeds of any grant-in-aid, gift, donation, bequest or other such fund, or the income from any of such sources obtained by the Kansas water office directly or in trust;
(3) pledge to the payment of the principal of and interest on any revenue bonds issued to acquire conservation water supply storage capacity in federal reservoirs, if moneys otherwise authorized to be pledged are insufficient, moneys appropriated from the following, in descending order of priority: The state water plan fund created by K.S.A. 82a-951 and amendments thereto, the state economic development initiatives fund created by K.S.A. 79-4804 and amendments thereto or the state general fund;
(4) create and maintain (A) revenue bond funds adequate to promptly pay both the principal of and interest on the revenue bonds when they become due and (B) a reasonable reserve fund; and
(5) covenant or contract with respect to any and all matters consistent with the authority granted herein necessary and convenient in the determination of the director to sell the revenue bonds and obtain the most favorable interest rate thereon, including, but not limited to, maturities, priority of liens, number of issuances, special funds for security, redemption privileges, investments of the proceeds of the revenue bonds and any other funds pledged to the payment thereof or held as security therefor, security agreements, trust indentures, paying agencies, registration provisions and conversion privileges.
History: L. 1986, ch. 394, § 8; L. 1994, ch. 175, § 1; July 1.
(a) Revenue bonds issued hereunder, including refunding revenue bonds authorized hereunder, shall be special obligations of the Kansas water office in accordance with their terms and shall not constitute an indebtedness of the state of Kansas or the Kansas water office, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(b) All contracts, agreements and covenants contained in the resolution authorizing the issuance of revenue bonds shall be binding in all respects upon the Kansas water office, its officials, agents, employees and successors. Such agreements, contracts and covenants shall be enforceable by appropriate legal action brought pursuant to the terms of the resolution authorizing the issuance of revenue bonds.
History: L. 1986, ch. 394, § 9; July 1.
The Kansas water office may issue revenue bonds for the purpose of refunding revenue bonds issued hereunder pursuant to the terms and authority of K.S.A. 10-116a, and amendments thereto.
History: L. 1986, ch. 394, § 10; July 1.
The proceeds derived from the sale of all revenue bonds issued under this act shall be deposited to the credit of the Kansas water office in either an account administered pursuant to K.S.A. 75-4251 et seq., and amendments thereto, or in an account arranged pursuant to K.S.A. 75-3799, and amendments thereto, and used solely for the purposes for which the revenue bonds are authorized. The director is authorized to make all contracts and execute all instruments which in the director's discretion may be deemed necessary or advisable for the purpose of acquiring a site or sites, constructing, reconstructing, improving and expanding large reservoir projects or to finance the purchase of space in existing reservoirs and to provide for the manner of disbursement of the funds for such purposes. Other than contracts with federal, state or local governmental units, contracts authorized by this act shall be made pursuant to K.S.A. 75-3739 or 75-3799, and amendments thereto. Nothing contained in this act shall be construed as placing in the state treasury any money collected under this act or requiring such action, and the legislature hereby declares that funds deposited under this section shall not be subject to the provisions of section 24 of article 2 of the Kansas constitution.
History: L. 1986, ch. 394, § 11; July 1.
The revenue bonds issued hereunder and any refunding revenue bonds authorized to be issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas.
History: L. 1986, ch. 394, § 12; L. 2010, ch. 44, § 38; July 1.
Revenue bonds issued hereunder shall be proper and legal investment securities for any investment funds of the state of Kansas or any department, agency or institution thereof, or any county, municipal or other public corporation or political subdivision created pursuant to the laws of the state of Kansas. Banks, trust companies and insurance companies, organized under the laws of the state of Kansas, and the Kansas public employees retirement system may legally and properly purchase the revenue bonds issued hereunder, and they are hereby deemed and approved as collateral security for the deposit of any and all funds and for the investment of all trust funds under the jurisdiction of the laws of the state of Kansas.
History: L. 1986, ch. 394, § 13; July 1.
(a) This act constitutes full and complete authority for the purposes set out in this act, and no procedure or proceedings other than those required by this act shall be necessary for the performance of the provisions thereof. The powers conferred by this act shall be in addition and supplemental to and not in substitution for, and the limitations imposed by this act shall not affect, the powers conferred on the Kansas water office by any other law.
(b) The provisions of this act are severable, and if any provision, section, subsection, sentence, clause or phrase of this act, including, but not limited to, the provisions relating to any of the sources of revenues for payment of bonds authorized pursuant to this act are for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each provision, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more of the same are declared invalid.
History: L. 1986, ch. 394, § 14; July 1.
Prior to the issuance of any revenue bonds under authority of this act and after the adoption of a resolution authorizing any revenue bonds under this act, the director shall cause to be published once in the Kansas register a notice to all persons interested that the Kansas water office has determined to issue revenue bonds under authority of this act. The notice shall state the amount or maximum amount of revenue bonds to be issued pursuant to such resolution, together with a brief statement of the purposes for which the proceeds are to be used, and further, that unless an action to contest the legality of the proposed revenue bonds shall be filed in a court of law within 30 days from the date of such publication, the right to contest the legality of any revenue bonds issued in compliance with the proceedings taken by the Kansas water office prior to the date of such publication and the right to contest the validity of the provisions of such proceedings shall cease to exist and no court shall thereafter have authority to inquire into such matters. After the expiration of the 30 days, no one shall have any right to commence an action contesting the validity of such revenue bonds or the provisions of such proceedings and all revenue bonds shall be conclusively presumed to be legal, and no court shall thereafter have authority to inquire into such matters.
History: L. 1986, ch. 394, § 15; July 1.
History: L. 1987, ch. 359, § 1; L. 1989, ch. 48, § 103; L. 1992, ch. 146, § 23; L. 1992, ch. 272, § 17; L. 1994, ch. 175, § 3; Repealed, L. 1998, ch. 21, § 1; July 1.
(a) To provide financing to acquire conservation water supply storage in federal reservoirs, the pooled money investment board is authorized and directed to loan to the director of the Kansas water office, upon request therefor, sufficient funds for such purpose. The pooled money investment board is authorized and directed to use any moneys in the operating accounts, investment accounts or other investments, of the state of Kansas to provide funds for such loan. On the loan date of such loan, the pooled money investment board shall transfer the loan amount to the director of the Kansas water office by depositing the same in the state treasury to the credit of the water supply storage acquisition financing fund.
(b) Such loan shall bear interest from the date of the loan at an annual rate of interest which is not less than the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills in effect on January 1 of such year. The principal and interest thereon shall be payable in accordance with subsection (c). Such loan shall not be deemed to be an indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of the Constitution of the state of Kansas.
(c) The principal and interest on any loan made under this section, shall be payable in accordance with appropriations acts from the following sources, in descending order of priority:
(1) Amounts received under contracts entered into pursuant to the state water plan storage act or the water assurance program act, if the water supply storage capacity purchased with the loan proceeds is to be used to service such contracts;
(2) state water plan fund created by K.S.A. 82a-951, and amendments thereto;
(3) the state economic development initiatives fund created by K.S.A. 79-4804, and amendments thereto; and
(4) the state general fund.
(d) There is hereby created in the state treasury the water supply storage acquisition financing fund. On or before the 10th
day of each month, the director of accounts and reports shall transfer from the state general fund to the water supply storage acquisition financing fund interest earnings based on:
(1) The average daily balance of moneys in the water supply storage acquisition financing fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the water supply storage acquisition financing fund shall be made for the purpose of financing the acquisition of water supply storage in federal reservoirs and for the purpose of paying the principal and interest on the loan received under this section in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or by a person designated by the director.
History: L. 1994, ch. 175, § 2; L. 1998, ch. 123, § 8; July 1.
History: L. 1993, ch. 148, § 1; Repealed, L. 1998, ch. 21, § 1; July 1.
History: L. 1993, ch. 114, § 1; Repealed, L. 1998, ch. 21, § 1; July 1.
This act may be cited as the "Kansas weather modification act."
History: L. 1974, ch. 321, § 1; July 1.
As used in this act, unless the context otherwise requires:
(a) "Authority" means the Kansas water authority;
(b) "Director" means the director of the Kansas water office.
(c) "Naturally" means arising from a phenomenon of nature.
(d) "Operational program" means weather modification activity conducted to increase rainfall or suppress hail damage whether such activity is conducted not-for-profit, for profit or purely for research.
(e) "Person" means and includes a natural person, a partnership, an organization, a corporation, a municipality and any department or agency of the state.
(f) "Research and development operation" or "research and development project" means an operation which is conducted solely to advance scientific and technical knowledge.
(g) "Weather modification activity" means any operation or experimental process which has as its objective inducing change, by artificial means, in the composition, behavior, or dynamics of clouds and the atmosphere.
History: L. 1974, ch. 321, § 2; L. 1986, ch. 397, § 1; L. 1995, ch. 138, § 1; July 1.
The authority is hereby vested with responsibility for the implementation of this act. Within the authority granted to the authority, the director shall be the chief administrative officer for carrying out the powers and duties provided for in this act. The authority may adopt rules and regulations, issue licenses and permits, conduct hearings, enter into contracts for weather modification activities and to do all other things provided for in this act for the achievement of its purposes, subject to the powers and limitations contained herein.
History: L. 1974, ch. 321, § 3; L. 1995, ch. 138, § 2; July 1.
History: L. 1974, ch. 321, § 4; Repealed, L. 1984, ch. 1, § 5; July 1.
(a) At the direction of the authority, the director may issue licenses for weather modification activities, as provided for in this act, but any licensee shall be limited in the exercise of activities under the license to the specified method or methods of weather modification activity within the area of expertise of the licensee.
(b) At the direction of the authority, the director may issue a permit for each specific weather modification project or program, which may be comprised of one or more weather modification activities. Every such permit shall describe:
(1) The geographic area within which such activities are to be carried out;
(2) the geographic area to be affected; and
(3) the duration of the weather modification activities of the project or program, which period may be noncontinuous but which may not have a total duration exceeding one calendar year from the day of its issuance.
The director shall issue a permit only after it has been established that the project or program, as conceived, will provide substantial benefits or that it will advance scientific knowledge.
(c) The director shall make any studies or investigations, obtain any information and hold any hearings that the director considers necessary or proper to assist in exercising the powers or administering or enforcing the provisions of this act.
The hearings shall be conducted under the provisions and within any limitations of rules and regulations adopted by the authority.
(d) In order to assist in expanding the theoretical and practical knowledge of weather modification, the authority, to the extent that funds are available therefor, may cooperate with, support, participate in and promote research, development and operational programs in:
(1) The theory and development of weather modification, including those aspects relating to procedures, materials, ecological effects and the attendant legal and social problems;
(2) the utilization of weather modification for domestic, municipal, agricultural, industrial, recreational and other beneficial purposes; and
(3) the protection of life, health, property and the general environment.
(e) Subject to any limitations imposed by law, to further the purposes of this act, the authority may utilize available funds from the state and may accept federal grants, private gifts and donations from any source. Except as otherwise provided by law, the authority may use any such moneys:
(1) For the administration of this act;
(2) to encourage research and development projects by public or private agencies through grants, contracts or cooperative arrangements;
(3) to contract for and support local efforts in weather modification activities to seek relief from or to avoid droughts, hail, storms, fires, fog or other naturally undesirable conditions.
(f) Under the direction of the authority, the director shall represent the state in matters pertaining to plans, procedures, or negotiations for cooperative agreements, or intergovernmental arrangements relating to weather modification.
History: L. 1974, ch. 321, § 5; L. 1984, ch. 1, § 4; L. 1995, ch. 138, § 3; L. 2004, ch. 145, § 45; July 1, 2005.
(a) No person may engage in any activity for weather modification or control without a weather modification license and a weather modification permit issued by the director. No person may engage in any activity in violation of any term or condition of a license or permit issued under this act.
(b) The authority, to the extent it considers exemptions appropriate and desirable, may exempt the following weather modification activities from the fee requirements of this act:
(1) Research and development operations and experiments conducted by or under authority of any state or federal department or agency, state institution of higher education or nonprofit research organization;
(2) laboratory research and experiments; and
(3) activities of an emergency nature for protection of public health, safety, and welfare including but not limited to fire, frost, hail, sleet, smog, fog and drought.
History: L. 1974, ch. 321, § 6; L. 1995, ch. 138, § 4; July 1.
The director shall issue a weather modification license to each person who:
(a) Applies in writing to the director in such form as the director requires;
(b) pays the license fee, if applicable; and
(c) meets at least one of the following requirements:
(1) The applicant demonstrates that the applicant (or the applicant's official representative) has had at least eight years of professional experience in weather modification field research or activities and has served for at least three years as a project director of weather modification activities; or
(2) the applicant demonstrates that the applicant (or the applicant's official representative) has obtained a baccalaureate degree from a recognized institution of higher learning in meteorology, engineering, mathematics or the physical sciences and: (A) Has had at least three seasons of experience in weather modification field research or activities; (B) has satisfactorily completed the equivalent of at least 25 semester hours of meteorological studies and has had at least two seasons of practical experience in weather modification field research or activities; or (C) is certified by the weather modification association.
History: L. 1974, ch. 321, § 7; L. 1995, ch. 138, § 5; July 1.
Unless the applicant is exempt under subsection (b) of K.S.A. 82a-1406, and amendments thereto, a license shall be issued under this act only upon payment to the director of a fee of $100. Each license shall expire at the end of the calendar year for which it is issued.
Subject to the limitations of this act, any person licensed under the provisions of this act may, on or before January 1, each year, renew the person's license by payment to the director of an annual fee of $100. The director shall remit all moneys received pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1974, ch. 321, § 8; L. 1995, ch. 138, § 6; L. 2001, ch. 5, § 479; July 1.
Any license issued under this act may be suspended or revoked by the director after notice and opportunity for hearing in accordance with the provisions of Kansas administrative procedure act, when the licensee (1) is found to have engaged in any activity prohibited by or under this act, (2) has practiced fraud or deceit in obtaining a license, (3) has been negligent or guilty of incompetence in engaging in any weather modification activity or (4) has violated any requirement of this act. In addition to the director, any interested person may make a formal complaint to the director against any licensee. All formal complaints shall be in writing, shall be signed by the complainant, and shall specify the charges against the licensee.
History: L. 1974, ch. 321, § 9; L. 1984, ch. 313, § 151; L. 1995, ch. 138, § 7; July 1.
Any aggrieved party may appeal to the district court as provided by the Kansas judicial review act.
History: L. 1974, ch. 321, § 10; L. 1984, ch. 313, § 152; L. 2010, ch. 17, § 219; July 1.
(a) The director shall issue a weather modification permit to each person who:
(1) Applies in writing to the director for a permit in such form as the director shall require;
(2) holds a valid weather modification license issued under this act;
(3) pays the permit fee, if applicable;
(4) files with the director proof of ability to respond in damages for liability on account of accidents arising out of any weather modification activities to be conducted by the licensee in the following amounts or in such greater amounts as the director requires upon determining that the circumstances of the particular weather modification project or program require proof of additional financial responsibility: (A) Not less than $50,000 because of bodily injury to or death of one person resulting from any one accident; (B) subject to the limit for one person, not less than $100,000 because of bodily injury to or death of two or more persons resulting from any one accident; and (C) not less than $100,000 because of injury to or destruction of the property of others resulting from any one accident. Municipalities and departments or agencies of the state shall be exempt from the requirements of this paragraph. Proof of financial responsibility required hereunder may be given by a certificate of insurance or a bond or a certificate of deposit of money;
(5) submits a complete and satisfactory operational plan for the proposed weather modification project or program which includes a map of the proposed operating area which specifies the primary target area and shows the area reasonably expected to be affected, the name and address of the licensee, the nature and object of the intended weather modification activities, the person or organization on whose behalf it is to be conducted, a statement explaining any expected effect upon the environment, the methods that will be used in determining and evaluating the proposed weather modification project or program, and such other information as may be required by the director;
(6) meets the preceding requirements for a permit and before beginning operations under the proposed weather modification project or program, publishes a notice of intent to engage in weather modification activities in a newspaper of general circulation in the county or counties to be affected by the proposed project or program. The published notice shall designate the primary target area and indicate the general area which might be affected. It shall also indicate the expected duration and intended effect and state that complete details are available on request from the licensee or the director; and
(7) furnishes to the director proof of the publication of the notice required by the foregoing provision.
(b) Before a permit for a weather modification project or program is issued, the director or a hearing officer appointed by the director may hold a public hearing on the proposed weather modification project or program in a place or places within a reasonable proximity of the area expected to be affected by the proposed weather modification activities. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Unless deemed necessary by the director, no hearing shall be required for the renewal of a permit for a previously approved weather modification project or program.
(c) No permit may be issued unless the director determines, based on the information provided in the operational plan for the proposed weather modification project or program and on the testimony and information provided at the public hearing, that:
(1) The proposed weather modification activities are designed to provide, and are reasonably expected to provide, an economic benefit to the people of the area in which the operation will be conducted, or will benefit the people of the state of Kansas, and is scientifically and technically feasible;
(2) if the project or program is a scientific or research project or program, the proposed weather modification activities offer promise of expanding the knowledge and the technology of weather modification;
(3) the project or program includes adequate safeguards for the protection of property, health, safety and welfare; and
(4) the project or program is designed to minimize risk and maximize scientific gains or economic benefits to the people of the state.
(d) The operational plan for the proposed project or program shall be placed on file with the director and will be available for public inspection during regular office hours.
History: L. 1974, ch. 321, § 11; L. 1984, ch. 313, § 153; L. 1986, ch. 397, § 2; L. 1995, ch. 138, § 8; July 1.
Operations under weather modification permits may be executed only by or under the immediate direction and supervision of a licensee or licensees.
History: L. 1974, ch. 321, § 12; July 1.
The fee for each weather modification permit under this act or any renewal thereof shall be $100, except for applicants exempt under subsection (b) of K.S.A. 82a-1406, and amendments thereto. All fees shall be paid to the director, who shall remit all such moneys to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1974, ch. 321, § 13; L. 1995, ch. 138, § 9; L. 2001, ch. 5, § 480; July 1.
(a) A separate weather modification permit shall be required annually on a calendar year basis for each weather modification project or program.
(b) The director may grant a weather modification permit on an emergency basis without prior publication of any required notice in instances of fire, frost, hail, sleet, smog, fog, drought or other natural cause creating an emergency condition. In such situations, publication of notice shall be made as soon as possible but shall not be subject to the time limits specified elsewhere in this act.
History: L. 1974, ch. 321, § 14; L. 1995, ch. 138, § 10; July 1.
(a) The director may revise, suspend, or modify the terms and conditions of a permit in accordance with the provisions of the Kansas administrative procedure act when necessary to protect the health, safety, or property of any person or to protect the environment.
(b) Upon ordering revision, suspension or modification under this section in an emergency administrative proceeding under the Kansas administrative procedure act, the director shall conduct a hearing on the question of permanently revising, suspending, or modifying the terms and conditions of the permit within 10 days after entry of the order.
(c) It shall be the responsibility of the licensee conducting any weather modification activity to notify the director of any emergency that the licensee could be expected to reasonably foresee, including any existing emergency that might be grounds for revision, suspension or modification under this section in an emergency administrative proceeding and that might in any way be caused or affected by weather modification activities. Failure by the licensee to so notify the director of any such existing emergency, or any impending emergency that the licensee should have reasonably foreseen, may be grounds for revocation of the permit and the operator's license.
History: L. 1974, ch. 321, § 15; L. 1984, ch. 313, § 154; July 1, 1985.
When a weather modification permit has been issued, the licensee shall confine the licensee's weather modification activities within the limits of time and area specified in the permit, except to the extent that the limits are modified by the director. The licensee shall also comply with any terms and conditions of the permit as originally issued or as subsequently revised or modified by the director.
History: L. 1974, ch. 321, § 16; L. 1995, ch. 138, § 11; July 1.
(a) Any person conducting weather modification activities in Kansas or operations that affect conditions within Kansas shall file reports at such time or times and in the manner and form as the director requires.
(b) The licensee shall file, on a form prescribed by the director, an annual report of the methods employed, the type of equipment used, the kind and amount of each material used, the times and places the equipment was operated, the name and address of each individual other than the licensee who participated or assisted in the activities, any environmental effects that have or are believed to have occurred and any other data that the director requires.
History: L. 1974, ch. 321, § 17; L. 1995, ch. 138, § 12; July 1.
(a) The director shall suspend or revoke a permit, after proceedings in accordance with the Kansas administrative procedure act, upon finding that the licensee no longer meets the qualifications or conditions of the original permit or has violated any provision of this act.
(b) At the direction of the authority, the director may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any provision of this act.
History: L. 1974, ch. 321, § 18; L. 1984, ch. 313, § 155; L. 1995, ch. 138, § 13; July 1.
(a) Except as provided in K.S.A. 82a-1415 relating to the director, the authority or the director shall not suspend or revoke a license or permit without first giving the licensee reasonable notice and a reasonable opportunity to be heard with respect to the ground for possible suspension or revocation.
(b) Hearings under this section shall be conducted by the authority or the director in the manner provided for in K.S.A. 82a-1409 and amendments thereto.
History: L. 1974, ch. 321, § 19; L. 1995, ch. 138, § 14; July 1.
Officers and employees of the state or any department or agency thereof, and officers and employees of any county or municipality or other public agency of the state, shall be immune from liability resulting from any weather modification activity approved or conducted by them or under their authority under the provisions and limitations of this act. The issuance of a permit to conduct weather modification activities does not constitute state endorsement of any weather modification activities conducted with respect to that permit.
History: L. 1974, ch. 321, § 20; July 1.
The director may order any person who is found to be conducting weather modification activity without a license and permit to cease and desist from said operation. Any such order shall be enforceable in any court of competent jurisdiction.
History: L. 1974, ch. 321, § 21; July 1.
The fact that a person holds a license or a permit under this act, or that he or she has complied with all requirements established pursuant to this act, shall not be a defense in actions for damages or injunctive relief brought against him or her.
History: L. 1974, ch. 321, § 22; July 1.
Any person conducting a weather modification activity without first having procured a required license and permit, or who shall knowingly make a false statement in an application for a license or permit, or who shall fail to file any report or reports as required by this act, or who shall conduct any weather modification activity after a revocation of his or her license or the denial, revocation, modification, or temporary suspension of his or her weather modification permit therefor, or who shall violate any other provisions of this act, shall be guilty of a class B misdemeanor. Each day that any such unauthorized weather modification activity is conducted shall constitute a separate offense.
History: L. 1974, ch. 321, § 23; July 1.
If any word, phrase, sentence, or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History: L. 1974, ch. 321, § 24; July 1.
(a) The board of county commissioners of any county may establish or participate in weather modification programs and, for the purpose of paying the costs thereof, may levy a tax of not to exceed two mills upon the assessed tangible valuation of property in the county and expend the revenues for weather modification purposes, except that counties having a population of more than 180,000 and not more than 220,000 and an assessed tangible valuation of more than $350,000,000 and not more than $365,000,000 shall be excluded. No such levy shall be made until: (1) A resolution authorizing the levy is adopted by the board of county commissioners and stating the specific purpose for which such levy is made, the amount of the proposed levy and the number of years that the levy will be made; and (2) such resolution has been published once each week for two consecutive weeks in the official county newspaper. There upon, the levy may be made unless a petition requesting an election upon the proposition of whether to make the levy is filed in accordance with this section. Such petition shall be signed by electors equal in number to not less than 5% of the qualified electors of the county and shall be filed in the office of the county election officer within 60 days following the last publication of the resolution. If a valid petition is filed, no levy shall be made until the levy is approved by a majority of the electors of the county voting at an election called and held thereon within 90 days after the last publication of the resolution or at the next general election, if held within 90 days. Notice of the election shall be given and the election shall be called and held in the manner provided for by the provisions of K.S.A. 10-120 and amendments thereto. Such tax levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to nor within the limitation upon the levy of taxes imposed by K.S.A. 79-5021 et seq., and amendments thereto.
(b) The board of county commissioners may expend any other funds of the county available for any such purpose and, in addition, receive and expend any and all funds which may be offered or become available for any such purpose.
History: L. 1976, ch. 114, § 1; L. 1979, ch. 52, § 200; L. 1981, ch. 173, § 84; L. 1990, ch. 66, § 59; L. 1995, ch. 138, § 15; July 1.
As used in the water transfer act:
(a) (1) "Water transfer" means the diversion and transportation of water in a quantity of 2,000 acre feet or more per year for beneficial use at a point of use outside a 35-mile radius from the point of diversion of such water. In determining the amount of water transferred in the case of a water transfer supplying water to multiple public water supply systems or other water users, the amount of water transferred shall be considered to be the aggregate amount of water that will be supplied by the transfer to all public water supply systems and other water users whose points of use are located outside a 35-mile radius from the point of diversion of such water.
(2) Water transfer does not include a release of water from a reservoir to the water's natural watercourse for use within the natural watercourse or watershed, made under the authority of the state water plan storage act, K.S.A. 82a-1301 et seq., and amendments thereto, or the water assurance program act, K.S.A. 82a-1330 et seq., and amendments thereto.
(b) "Point of diversion" means:
(1) The point where the longitudinal axis of the dam crosses the center line of the stream in the case of a reservoir;
(2) the location of the headgate or intake in the case of a direct diversion from a river, stream or other watercourse;
(3) the location of a well in the case of groundwater diversion; or
(4) the geographical center of the points of diversion in the case of multiple diversion points.
(c) "Point of use" means the geographical center of each water user's proposed or authorized place of use where any water authorized by the proposed transfer will be used.
(d) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.
(e) "Secretary" means the secretary of the department of health and environment, or the director of the division of environment of the department of health and environment if designated by the secretary.
(f) "Director" means the director of the Kansas water office.
(g) "Panel" means the water transfer hearing panel.
(h) (1) "Party" means:
(A) The applicant; or
(B) any person who successfully intervenes pursuant to K.S.A. 82a-1503, and amendments thereto, and actively participates in the hearing.
(2) "Party" does not include a person who makes a limited appearance for the purpose of presenting a statement for or against the water transfer.
(i) "Commenting agencies" means groundwater management districts and state natural resource and environmental agencies, including but not limited to the Kansas department of health and environment, the Kansas water office, the Kansas water authority, the Kansas department of wildlife and parks and the division of water resources of the Kansas department of agriculture.
(j) "Public water supply system" means any water supply system, whether publicly or privately owned, for which a permit is required pursuant to K.S.A. 65-163, and amendments thereto.
History: L. 1983, ch. 341, § 1; L. 1993, ch. 219, § 1; L. 2004, ch. 101, § 152; L. 2012, ch. 47, § 135; L. 2023, ch. 7, § 148; July 1.
(a) The water transfer hearing panel shall consist of the chief engineer, the director and the secretary. The chief engineer shall serve as chairperson of the panel. All actions of the panel shall be taken by a majority of the members. The panel shall have all powers necessary to implement the provisions of this act.
(b) The panel shall request a presiding officer from the office of administrative hearings to conduct a hearing in accordance with this act when: (1) An application for a water transfer is complete; or (2) the chief engineer, or the panel by a majority vote which includes the vote of the chief engineer, determines it to be in the best interest of the state to conduct a water transfer hearing on an application for a permit to appropriate water or an application for a change to an existing water right pursuant to the Kansas water appropriation act or on a proposed contract for the sale of water from the state's conservation storage water supply capacity, even though the appropriation or sale would not be a water transfer as defined by K.S.A. 82a-1501, and amendments thereto.
(c) The hearing officer shall be an independent person knowledgeable in water law, water issues and hearing procedures. The hearing officer shall be a presiding officer for the purposes of the Kansas administrative procedure act. Subject to approval by the panel, the hearing officer, on behalf of the state, may employ such personnel and contract for such services and facilities as necessary to carry out the hearing officer's duties under this act.
History: L. 1993, ch. 219, § 2; L. 2004, ch. 145, § 46; July 1, 2005.
(a) No person shall make a water transfer in this state unless and until the transfer is approved pursuant to the provisions of this act. No water transfer shall be approved which would reduce the amount of water required to meet the present or any reasonably foreseeable future beneficial use of water by present or future users in the area from which the water is to be taken for transfer unless: (1) The panel determines that the benefits to the state for approving the transfer outweigh the benefits to the state for not approving the transfer; (2) the chief engineer recommends to the panel and the panel concurs that an emergency exists which affects the public health, safety or welfare; or (3) the governor has declared that an emergency exists which affects the public health, safety or welfare. Whenever an emergency exists, a water transfer may be approved by the panel on a temporary basis for a period of time not to exceed one year under rules and regulations adopted by the chief engineer. The emergency approval shall be subject to the terms, conditions and limitations specified by the panel.
(b) No water transfer shall be approved under the provisions of this act: (1) If such transfer would impair water reservation rights, vested rights, appropriation rights or prior applications for permits to appropriate water; and (2) unless the presiding officer determines that the applicant has adopted and implemented conservation plans and practices that (A) are consistent with the guidelines developed and maintained by the Kansas water office pursuant to K.S.A. 74-2608, and amendments thereto, (B) have been in effect for not less than 12 consecutive months immediately prior to the filing of the application on which the hearing is being held and (C) if the transfer is for use by a public water supply system, include the implementation of a rate structure which encourages the efficient use of water that is determined by the presiding officer to be effective and if designed, implemented and maintained properly, will result in wise use and responsible conservation and management of water used by the system.
(c) To determine whether the benefits to the state for approving the transfer outweigh the benefits to the state for not approving the transfer, the presiding officer shall consider all matters pertaining thereto, including specifically:
(1) Any current beneficial use being made of the water proposed to be diverted, including minimum desirable streamflow requirements;
(2) any reasonably foreseeable future beneficial use of the water;
(3) the economic, environmental, public health and welfare and other impacts of approving or denying the transfer of the water;
(4) alternative sources of water available to the applicant and present or future users for any beneficial use;
(5) whether the applicant has taken all appropriate measures to preserve the quality and remediate any contamination of water currently available for use by the applicant;
(6) the proposed plan of design, construction and operation of any works or facilities used in conjunction with carrying the water from the point of diversion, which plan shall be in sufficient detail to enable all parties to understand the impacts of the proposed water transfer;
(7) the effectiveness of conservation plans and practices adopted and implemented by the applicant and any other entities to be supplied water by the applicant;
(8) the conservation plans and practices adopted and implemented by any persons protesting or potentially affected by the proposed transfer, which plans and practices shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office pursuant to K.S.A. 74-2608, and amendments thereto; and
(9) any applicable management program, standards, policies and rules and regulations of a groundwater management district.
History: L. 1983, ch. 341, § 2; L. 1993, ch. 219, § 3; L. 2004, ch. 145, § 47; July 1, 2005.
(a) Any person desiring to make a water transfer shall file with the chief engineer an application in the form required by rules and regulations adopted by the chief engineer. If the chief engineer finds the application to be insufficient to enable the chief engineer to determine the source, nature and amount of the proposed transfer, or if the application is not complete, the application shall be returned for correction or completion or for any other necessary information.
(b) The presiding officer shall commence the hearing process by giving notice of the prehearing conference not more than 14 days after the panel is assigned an officer. Such notice shall be given by mail to the applicant, any other parties who have intervened and the appropriate commenting agencies and shall be published in the Kansas register and in at least two newspapers having general circulation in the area where the proposed point of diversion is located. The presiding officer shall hold a prehearing conference which shall commence not less than 90 and not more than 120 days after the required notice has been given and shall conclude not later than 45 days after commencement. Not less than 90 and not more than 120 days after the conclusion of the prehearing conference, the presiding officer shall commence a formal public hearing. The formal public hearing shall be held in the basin of origin and, if deemed necessary by the presiding officer, a public comment hearing shall be held in the basin of use. The formal public hearing shall conclude not later than 120 days after commencement and the initial order of the presiding officer approving or disapproving the water transfer shall be issued not later than 90 days after conclusion of the formal public hearing. The presiding officer may extend a time limit provided by this subsection, but only with the written consent of all parties or for good cause shown.
(c) Intervention in the hearing shall be in accordance with the Kansas administrative procedure act, except that any petition for intervention must be submitted and copies mailed to all parties not later than 60 days before the formal hearing.
(d) Any person shall be permitted to appear and testify at any hearing under this act upon the terms and conditions determined by the presiding officer.
(e) At intervals during or at the conclusion of the hearing, the presiding officer shall fairly and equitably assess the following costs of the hearing among the applicant and other parties: The hearing facility, the court reporter, the salary of a presiding officer who is not paid for services as a hearing officer by state funds, the travel expenses of the presiding officer and other reasonable costs associated with the hearing. The presiding officer may assess any or all anticipated costs to the applicant before the hearing and subsequently may assess other parties for the parties' fair and equitable portion of the anticipated costs assessed the applicant. Amounts assessed pursuant to this subsection shall be paid to the chief engineer. Upon receipt thereof, the chief engineer shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the water transfer hearing fund established by subsection (f).
(f) (1) There is hereby established in the state treasury the water transfer hearing fund.
(2) Moneys credited to the water transfer hearing fund shall be used only to pay: (A) Costs of hearings conducted pursuant to the water transfer act; (B) reimbursement of the applicant for anticipated costs assessed the applicant and subsequently assessed other parties; and (C) refunds of unused moneys assessed as anticipated costs before the hearing. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports, or a person designated by the director of accounts and reports pursuant to K.S.A. 75-3732, and amendments thereto, issued pursuant to vouchers approved by the chief engineer, or a person designated by the chief engineer.
(3) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the water transfer hearing fund interest earnings based on:
(A) The average daily balance of moneys in the water transfer hearing fund for the preceding month; and
(B) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1983, ch. 341, § 3; L. 1986, ch. 392, § 6; L. 1988, ch. 356, § 351; L. 1993, ch. 219, § 4; L. 1996, ch. 253, § 37; L. 2001, ch. 5, § 481; L. 2004, ch. 145, § 48; July 1, 2005.
(a) The presiding officer shall render an order either approving or disapproving the proposed water transfer. The presiding officer's order shall include findings of fact relating to each of the factors set forth in subsection (c) of K.S.A. 82a-1502, and amendments thereto. The presiding officer may order approval of a transfer of a smaller amount of water than requested upon such terms, conditions and limitations as the presiding officer deems necessary for the protection of the public interest of the state as a whole.
(b) An order of the presiding officer disapproving or approving a water transfer, in whole or in part, shall be deemed an initial order. The panel shall be deemed the agency head for the purpose of the Kansas administrative procedure act and shall review all initial orders of the presiding officer in accordance with the Kansas administrative procedure act. Review by the panel shall be in accordance with the standards provided by this act for the presiding officer's initial order and shall be based on the record of the hearing. The final order of the panel shall be entered not later than 90 days after entry of the presiding officer's initial order, except that the panel may extend the 90-day limit, but only with the written consent of all parties or for good cause shown.
(c) Any proceedings pursuant to this act and notice of such proceedings shall be in accordance with the provisions of the Kansas administrative procedure act except as specifically provided by this act.
(d) The record of any hearing or other proceeding held pursuant to this act shall be maintained and make [made] available for public examination in the office of the chief engineer.
History: L. 1983, ch. 341, § 4; L. 1988, ch. 356, § 352; L. 1993, ch. 219, § 5; L. 2004, ch. 145, § 49; July 1, 2005.
(a) Any action of the panel is subject to review in accordance with the Kansas judicial review act.
(b) The review proceedings shall have precedence in the district court. Appellate proceedings shall have precedence in the court of appeals and in the state supreme court under such terms and conditions as the supreme court may fix by rule.
History: L. 1983, ch. 341, § 5; L. 1986, ch. 318, § 144; L. 1993, ch. 219, § 6; L. 2010, ch. 17, § 220; July 1.
The chief engineer shall adopt all rules and regulations necessary to effectuate and administer the provisions of this act.
History: L. 1983, ch. 341, § 6; May 12.
(a) K.S.A. 82a-1501 through 82a-1506, K.S.A. 82a-1501a and this section shall be known and may be cited as the water transfer act.
(b) This act shall not be construed as to exempt the applicant from first complying with the provisions of: (1) Any applicable management program adopted by a groundwater management district pursuant to K.S.A. 82a-1020 and amendments thereto, if such management program (A) does not prohibit water transfers out of the district, (B) applies equally to water users both inside and outside the district and (C) does not have the effect of discriminating against users located outside the district; or (2) the Kansas water appropriation act or the state water plan storage act, whichever is applicable.
History: L. 1993, ch. 219, § 7; July 1.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History: L. 1993, ch. 219, § 8; July 1.
This act shall be known and may be cited as the "multipurpose small lakes program act."
History: L. 1985, ch. 342, § 1; July 1.
In order to provide public water supply storage and water related recreational facilities in the state, there is hereby established a multipurpose small lakes program. The program shall be administered by the division. Except as otherwise provided by this act, the division, with the approval of the secretary, shall adopt all rules and regulations necessary to implement the provisions of this act.
History: L. 1985, ch. 342, § 2; L. 2001, ch. 71, § 1; L. 2012, ch. 140, § 136; L. 2021, ch. 74, § 24; May 6.
When used in this act:
(a) "Chief engineer" means the chief engineer of the division of water resources of the department of agriculture.
(b) "Class I funded project" means a proposed new project or renovation of an existing project located within the boundaries of an organized watershed district that is receiving or is eligible to receive financial participation from the division for the flood control storage portion of the project.
(c) "Class II funded project" means a proposed new project or renovation of an existing project that is receiving or is eligible to receive financial participation from the federal government.
(d) "Class III funded project" means a proposed new project or renovation of an existing project located outside the boundaries of an organized watershed district that is not receiving or is not eligible to receive financial participation from the division or the federal government except as provided in K.S.A. 82a-1606, and amendments thereto.
(e) "Division" means the division of conservation established within the Kansas department of agriculture in K.S.A. 74-5,126, and amendments thereto.
(f) "Flood control storage" means storage space in reservoirs to hold flood waters.
(g) "Future use public water supply storage" means storage space that the Kansas water office determines will be needed within the next 20 years for use by public water supply users in an area but for which there is no current sponsor.
(h) "General plan" means a preliminary engineering report describing the characteristics of the project area, the nature and methods of dealing with the soil and water problems within the project area and the projects proposed to be undertaken by the sponsor within the project area. Such plan shall include: Maps, descriptions and other data as may be necessary for the location, identification and establishment of the character of the work to be undertaken; a cost-benefit analysis of alternatives to the project, including, but not limited to, nonstructural flood control options and water conservation and reuse to reduce need for new water supply storage; and any other data and information as the chief engineer may require.
(i) "Land right" means real property as that term is defined by the laws of the state of Kansas and all rights thereto and interest therein and includes any road, highway, bridge, street, easement or other right-of-way thereon.
(j) "Multipurpose small lake project" means a dam and lake containing: (1) Flood control storage; and (2) either public water supply storage or recreation features, or both.
(k) "Public water supply" means a water supply for municipal, industrial or domestic use.
(l) "Public water supply storage" means storage of water for municipal, industrial or domestic use.
(m) "Recreation feature" means water storage and related facilities for activities such as swimming, fishing, boating, camping or other related activities.
(n) "Renovation" means repair or restoration of an existing lake that contains water storage space for use as a public water supply and that has either recreational purposes or flood control purposes, or both.
(o) "Secretary" means the secretary of the Kansas department of agriculture.
(p) "Sponsor" means: (1) Any political subdivision of the state that has the power of taxation and the right of eminent domain; (2) any public wholesale water supply district; or (3) any rural water district.
(q) "Water user" means any city, rural water district, wholesale water district or any other political subdivision of the state that is in the business of furnishing municipal or industrial water to the public.
History: L. 1985, ch. 342, § 3; L. 1989, ch. 5, § 5; L. 1991, ch. 290, § 4; L. 2001, ch. 71, § 2; L. 2004, ch. 101, § 153; L. 2012, ch. 140, § 137; L. 2021, ch. 74, § 25; May 6.
(a) The state may participate with a sponsor in the development, construction or renovation of a class I multipurpose small lake project if the sponsor has a general plan which has been submitted to and approved by the chief engineer in the manner provided by K.S.A. 24-1213 and 24-1214, and amendments thereto. If the Kansas water office determines that additional public water supply storage shall be needed in that area of the state within 20 years from the time such project is to be completed and a water user is not available to finance public water supply storage, the state may include future use public water supply storage in the project. The Kansas water office shall apply for a water appropriation right sufficient to insure a dependable yield from the public water supply storage. The Kansas water office shall be exempt from all applicable fees imposed pursuant to K.S.A. 82a-701 et seq., and amendments thereto, for such applications. The Kansas water office shall have authority to adopt rules and regulations relative to the inclusion of public water supply storage in proposed projects under this act and the disposition of state-owned water rights and associated public water supply storage space in such projects.
(b) The sponsor of such class I project shall be responsible for acquiring land rights and for the costs of operation and maintenance of such project. The state may provide up to 50% of the engineering and construction costs and up to 50% of the costs of land rights associated with recreation features. Subject to the provisions of subsections (a) and (c), the state may pay up to 100% of the engineering and construction costs of flood control and public water supply storage. All other costs of such project, including land, construction, operation and maintenance shall be paid by the sponsor.
(c) The state shall not participate in the costs of public water supply storage in a renovation project unless the Kansas water office determines that renovation is the most cost effective alternative for such storage. The state shall be authorized to pay only up to 50% of the engineering and construction costs of public water supply storage in such a renovation project.
(d) The Kansas water office may recover the state's costs incurred in providing public water supply storage in such class I project, and interest on such costs, by selling such storage and the associated water rights. Interest on such costs shall be computed at a rate per annum equal to the average of the monthly net earnings rate for the pooled money investment portfolio for the preceding calendar year for each year of storage.
History: L. 1985, ch. 342, § 4; L. 1991, ch. 290, § 5; L. 2001, ch. 71, § 3; L. 2015, ch. 60, § 6; July 1.
(a) The state may participate with a sponsor in the development, construction or renovation of a class II multipurpose small lake project if the sponsor has a general plan which has been submitted to and approved by the chief engineer in the manner provided by K.S.A. 24-1213 and 24-1214, and amendments thereto. If the Kansas water office determines that additional public water supply storage shall be needed in that area of the state within 20 years from the time such project is to be completed and a water user is not available to finance public water supply storage, the state may include future use public water supply storage in the project. The Kansas water office shall apply for a water appropriation right sufficient to insure a dependable yield from public water supply storage. The Kansas water office shall be exempt from all applicable fees imposed pursuant to K.S.A. 82a-701 et seq., and amendments thereto, for such applications. The Kansas water office shall have authority to adopt rules and regulations relative to the inclusion of public water supply storage in proposed projects under this act and the disposition of state-owned water rights and associated public water supply storage space in such projects.
(b) In a class II project, the state may assume initial financial obligations for public water supply storage in watersheds by entering into long-term contracts with the federal government. In order to provide security to the federal government, the state may grant assignments of water rights, either appropriation rights or water reservation rights; assignments of rights under existing or prospective water purchase contracts; assignments, mortgages or other transfers of interests in real property held by the state and devoted to the specific small lake project for which security is sought; or may provide other security that is permissible under state law and acceptable by the federal government. Instead of contracting to repay costs under long-term contracts, the state may pay all of the required costs of the public water supply storage in a lump sum.
(c) The sponsor of such class II project shall be responsible for acquiring land rights and for the costs of operation and maintenance of such project. The state or federal government may provide up to 50% of the engineering and construction costs and up to 50% of the costs of land rights associated with recreation features. Subject to the provisions of subsection (d), the state may pay up to 100% of the engineering and construction costs of flood control and public water supply storage. All other costs of such project, including land, construction, operation and maintenance shall be paid by the sponsor.
(d) The state shall not participate in the costs of public water supply storage in a renovation project unless the Kansas water office determines that renovation is the most cost effective alternative for such storage. The state shall be authorized to pay only up to 50% of the engineering and construction costs of public water supply storage in such a renovation project.
(e) The Kansas water office may recover the state's costs incurred in providing public water supply storage in such class II project, and interest on such costs, by selling such storage and the associated water rights. Interest on such costs shall be computed at a rate per annum equal to the average of the monthly net earnings rate for the pooled money investment portfolio for the preceding calendar year for each year of storage.
History: L. 1985, ch. 342, § 5; L. 1991, ch. 290, § 6; L. 2001, ch. 71, § 4; L. 2015, ch. 60, § 7; July 1.
(a) The state may participate with a sponsor in the development, construction or renovation of a class III multipurpose small lake project if the sponsor has a general plan which has been submitted to and approved by the chief engineer in the manner provided by K.S.A. 24-1213 and 24-1214, and amendments thereto. If public water supply storage is included in the project, the sponsor of such class III project shall pay for 100% of the costs associated with the public water supply storage portion of such project unless the Kansas water office determines that additional public water supply storage shall be needed in that area of the state within 20 years from the time such project is to be completed and a sponsor is not available to finance 100% of the costs associated with the public water supply storage, the state may participate in the future use public water supply storage costs of the project. If the state participates in the public water supply storage costs, the Kansas water office shall apply for a water appropriation right sufficient to insure a dependable yield from public water supply storage. The Kansas water office shall be exempt from all applicable fees imposed pursuant to K.S.A. 82a-701 et seq., and amendments thereto, for such applications. The Kansas water office shall have authority to adopt rules and regulations relative to the inclusion of public water supply storage in proposed projects under this act and the disposition of state-owned water rights and associated public water supply storage space in such projects.
(b) The sponsor of such class III project shall be responsible for acquiring land rights and for the costs of operation and maintenance of the project. The state may provide up to 50% of the engineering and construction costs and up to 50% of the costs of land rights associated with recreation features. Subject to the provisions of subsection (c), the state may pay up to 100% of the engineering and construction costs of flood control storage and public water supply storage. All other costs of such project, including land, construction, operation and maintenance, shall be paid by the sponsor.
(c) The state shall not participate in the costs of public water supply storage in a renovation project unless the Kansas water office determines that renovation is the most cost effective alternative for such storage. The state shall be authorized to pay only up to 50% of the engineering and construction costs of public water supply storage in such a renovation project.
(d) The Kansas water office may recover the state's costs incurred in providing public water supply storage in such class III project, and interest on such costs, by selling such storage and the associated water rights. Interest on such costs shall be computed at a rate per annum equal to the average of the monthly net earnings rate for the pooled money investment portfolio for the preceding calendar year for each year of storage.
History: L. 1985, ch. 342, § 6; L. 1991, ch. 290, § 7; L. 2001, ch. 71, § 5; L. 2015, ch. 60, § 8; July 1.
Sponsors shall apply to the division for participation in the multipurpose small lakes program. The review and approval process of the division shall be established by rules and regulations that shall be consistent with the state water plan. Following review, the division, with the approval of the secretary, shall request appropriations for specific projects from the legislature. Any funds appropriated to carry out the provisions of this act shall be administered by the division.
History: L. 1985, ch. 342, § 7; L. 2012, ch. 140, § 138; L. 2021, ch. 74, § 26; May 6.
(a) If state financial participation is approved for a multipurpose small lake project, the Kansas department of agriculture division of conservation shall require a local nonpoint source management plan for the watersheds draining into the proposed lake. Such plan shall be submitted to and approved by the Kansas department of agriculture division of conservation before any state funds may be used for the proposed project.
(b) If public water supply storage is included in such a project, the sponsor shall have a water conservation plan which has been submitted to and approved by the chief engineer.
(c) Any funding provided by the state shall include money necessary to pay for cost-sharing expenses incurred for nonpoint source management pursuant to the plan required by subsection (a).
History: L. 1985, ch. 342, § 8; L. 1991, ch. 290, § 8; L. 2012, ch. 140, § 139; July 1.
(a) Before the Kansas department of agriculture division of conservation requests any appropriation for any multipurpose small lake project, the chief engineer shall review the cost-benefit analysis of alternatives to the project and shall:
(1) Submit the general plan to the appropriate state environmental review agencies pursuant to K.S.A. 82a-325, 82a-326 and 82a-327, and amendments thereto, for review and comment as provided by those sections; and
(2) publish notice of the review in the Kansas register, make the general plan available to the public and receive public comments on the proposed project for a period of 30 days following publication of the notice.
(b) If, in the review, a reasonable, less expensive alternative to the proposed project is identified and the Kansas department of agriculture division of conservation nevertheless requests an appropriation for the proposed project, the division shall submit its reasons for proceeding with participation in the project, together with substantiating documentation, with the budget estimate and program statement for such project.
(c) This section shall be part of and supplemental to the multipurpose small lakes program act.
History: L. 1991, ch. 290, § 9; L. 2012, ch. 140, § 140; July 1.
The words and phrases used in K.S.A. 82a-1702 to 82a-1704, inclusive, and amendments thereto shall have the meaning ascribed to such words and phrases by K.S.A. 82a-902 and amendments thereto.
History: L. 1996, ch. 17, § 6; July 1.
(a) The state shall provide financial assistance to certain public corporations for part of the costs or reimbursement of part of the costs of installation of water development projects that derive general benefits to the state as a whole or to a section thereof beyond the boundaries of such public corporation.
(b) (1) Any public corporation shall be eligible for state financial assistance for a part of the costs it becomes actually and legally obligated to pay for all lands, easements and rights-of-way for the water development projects in the event the Kansas department of agriculture division of conservation shall find that:
(A) Such public corporation has made application for approval of such financial assistance with the Kansas department of agriculture division of conservation in such form and manner as the Kansas department of agriculture division of conservation may require, which application each public corporation is hereby authorized to make;
(B) such works will confer general flood control benefits beyond the boundaries of such public corporation in excess of 20% of the total flood control benefits of the works;
(C) such works are consistent with the state water plan;
(D) such public corporation will need such financial assistance for actual expenditures within the fiscal year next following; and
(E) the legislature has appropriated funds for the payment of such sum.
(2) The payment authorized hereunder shall be limited to an amount equal to the total costs the public corporation shall become actually and legally obligated to spend for lands, easements and rights-of-way for such water resource development works, multiplied by the ratio that the flood control benefits conferred beyond the boundaries of the public corporation bear to the total flood control benefits of the project. Such findings shall each be made at and in such manner as is provided by procedural rules and regulations that shall be adopted by the Kansas department of agriculture division of conservation with the approval of the secretary.
(c) Any public corporation receiving financial assistance under this section shall apply those sums toward the satisfaction of the legal obligations for the specific lands, easements and rights-of-way for which it receives them or toward the reimbursement of those accounts from which those legal obligations were satisfied, in whole or in part, and it shall return to the state any sums that are not in fact so applied. In ascertaining costs of lands, easements and rights-of-way under this section, the Kansas department of agriculture division of conservation shall not consider any costs that relate to land treatment measures or any costs for which federal aid for construction costs is granted pursuant to the watershed protection and flood prevention acts or pursuant to any other federal acts.
History: L. 1996, ch. 17, § 3; L. 2012, ch. 140, § 141; L. 2021, ch. 74, § 27; May 6.
The governing body of each public corporation eligible for state financial assistance under the provisions of this act shall make application for state payment each year to the Kansas department of agriculture division of conservation in such form and manner as the Kansas department of agriculture division of conservation may prescribe by its rules and regulations. Each year the Kansas department of agriculture division of conservation shall determine what persons are eligible to receive financial assistance from the state, and the amounts thereof, pursuant to this act. In the event the Kansas department of agriculture division of conservation shall determine that any such application, including the amounts thereof, is proper and in compliance with this act and is supported by a resolution as provided in K.S.A. 82a-1704, and amendments thereto, the Kansas department of agriculture division of conservation may submit a request therefor as a part of its annual budget requests and estimates. Each such request shall be separately stated and identified. The budget item for each project shall contain the name of the project, the name of the public corporation to which the item relates, the county or counties in which such public corporation is located, the identification of the agreement or resolution supporting the request, and the amount of state payment requested therefor.
History: L. 1996, ch. 17, § 4; L. 2012, ch. 140, § 142; July 1.
In order that any public corporation eligible for state payments under the provisions of this act may receive payment from the state, the governing body of the public corporation shall adopt and transmit to the Kansas department of agriculture division of conservation an appropriate resolution requesting the Kansas department of agriculture division of conservation to approve payment to the requesting body of a sum or sums to be named within the limits of and for the purposes defined in this act. The resolution shall show the total cost allocated to the requesting body for providing the lands, easements, and rights-of-way for the works of improvement of the requesting body and shall pledge that all money received from the state under authority of this act will be applied solely to the purposes specified in this act.
History: L. 1996, ch. 17, § 5; L. 2012, ch. 140, § 143; July 1.
(a) All moneys recovered by the state of Kansas from the states of Colorado or Nebraska to resolve disputes arising under the Arkansas river compact or the Republican river compact shall be deposited in the state treasury and credited as follows:
(1) All moneys received from the state of Colorado in any litigation arising under the Arkansas river compact shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall credit:
(A) To the interstate water litigation fund, the amount equal to the total of 5% of the aggregate moneys received from the state of Colorado in such litigation plus the amount equal to the aggregate of any expenses incurred by the state, which are attributable to the deposit from any such litigation arising under the Arkansas river compact;
(B) one-third of all moneys remaining recovered from the state of Colorado in such litigation to the state water plan fund for use for water conservation projects, with priority given to conservation projects that directly enhance the ability of the state of Kansas to remain in compliance with the Arkansas river compact; and
(C) two-thirds of all moneys remaining recovered from the state of Colorado in such litigation to the Arkansas river water conservation projects fund.
(2) All moneys received from the state of Nebraska in any litigation arising under the Republican river compact shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall credit:
(A) To the interstate water litigation fund, the amount equal to the total of 5% of the aggregate moneys received from the state of Nebraska in such litigation plus an amount equal to the aggregate of any expenses incurred by the state, which are attributable to the deposit from any such litigation arising under the Republican river compact;
(B) one-third of all moneys remaining recovered from the state of Nebraska in such litigation to the state water plan fund for use for water conservation projects, with priority given to conservation projects that directly enhance the ability of the state of Kansas to remain in compliance with the Republican river compact; and
(C) two-thirds of all moneys remaining recovered from the state of Nebraska in such litigation to the Republican river water conservation projects — Nebraska moneys fund.
(3) All moneys received from the state of Colorado in any litigation arising under the Republican river compact shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall credit:
(A) To the interstate water litigation fund, the amount equal to the total of 5% of the aggregate moneys received from the state of Colorado in such litigation plus an amount equal to the aggregate of any expenses incurred by the state, which are attributable to the deposit from any such litigation arising under the Republican river compact;
(B) one-third of all moneys remaining recovered from the state of Colorado in such litigation to the state water plan fund for use for water conservation projects, with priority given to conservation projects that directly enhance the ability of the state of Kansas to remain in compliance with the Republican river compact; and
(C) two-thirds of all moneys remaining recovered from the state of Colorado in such litigation to the Republican river water conservation projects — Colorado moneys fund.
(b) The attorney general shall certify to the director of accounts and reports any expenses incurred by the state in any litigation brought by the state of Kansas against the states of Colorado or Nebraska to resolve disputes arising under the Arkansas river compact or the Republican river compact and in preparation for such litigation.
History: L. 1996, ch. 217, § 3; L. 2011, ch. 74, § 2; July 1.
(a) There is hereby established in the state treasury the interstate water litigation fund, to be administered by the attorney general.
(b) Revenue from the following sources shall be credited to the interstate water litigation fund:
(1) Amounts provided for by K.S.A. 82a-1801, and amendments thereto; and
(2) moneys received from any source by the state in the form of gifts, grants, reimbursements or appropriations for use for the purposes of the fund.
(c) From the moneys first credited to the interstate water litigation fund, persons or entities that contributed moneys to the court cost fund account of the office of the attorney general for use in the litigation described in subsection (b)(1) shall be reimbursed the amount contributed. The balance of moneys credited to the fund shall be expended only for the purpose of paying expenses incurred by the state in:
(1) Current or future litigation or preparation for future litigation with another state, the federal government or an Indian nation to resolve a dispute concerning water; or
(2) monitoring or enforcing compliance with the terms of an interstate water compact or a settlement, judgment or decree in past or future litigation to resolve a dispute with another state, the federal government or an Indian nation concerning water.
(d) Interest attributable to moneys in the interstate water litigation fund shall be credited to the state general fund as provided by K.S.A. 75-4210a, and amendments thereto.
(e) All expenditures from the interstate water litigation fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or a person designated by the attorney general.
History: L. 1996, ch. 217, § 1; L. 2011, ch. 74, § 3; July 1.
(a) There is hereby established in the state treasury the water conservation projects fund, to be administered by the director of the Kansas water office. The water conservation projects fund is hereby redesignated as the Arkansas river water conservation projects fund.
(b) Revenue from the following sources shall be credited to the Arkansas river water conservation projects fund:
(1) Amounts provided for by K.S.A. 82a-1801, and amendments thereto; and
(2) moneys received from any source by the state in the form of gifts, grants, reimbursements or appropriations for use for the purposes of the fund.
(c) Moneys credited to the Arkansas river water conservation projects fund shall be expended only [for] conservation projects, utilization efficiency, administrative requirements and delivery projects, and similar types of projects, in those areas of the state lying in the upper Arkansas river basin and directly impacted by the provisions of the Arkansas river compact between this state and the state of Colorado.
(d) The types of projects that may be funded under subsection (a)(1) of K.S.A. 82a-1801, and amendments thereto, include:
(1) Efficiency improvements to canals or laterals owned by a ditch company or projects to improve the operational efficiency or management of such canals or laterals;
(2) water use efficiency devices, tailwater systems or irrigation system efficiency upgrades;
(3) water measurement flumes, meters, gauges, data collection platforms or related monitoring equipment;
(4) artificial recharge or purchase of water rights for stream recovery or aquifer restoration;
(5) maintenance of the Arkansas river channel; or
(6) monitoring and enforcement of Colorado's compliance with the Arkansas river compact.
Moneys credited to the fund may be expended to reimburse costs of projects described by this subsection that were required by the division of water resources and commenced on or after July 1, 1994.
History: L. 1996, ch. 217, § 2; L. 2004, ch. 101, § 181; L. 2011, ch. 74, § 4; July 1.
(a) There is hereby established in the state treasury the Republican river water conservation projects — Nebraska moneys fund to be administered by the director of the Kansas water office.
(b) Revenue from the following sources shall be credited to the Republican river water conservation projects — Nebraska moneys fund:
(1) Amounts provided for by K.S.A. 82a-1801, and amendments thereto; and
(2) moneys received from any source by the state in the form of gifts, grants, reimbursements or appropriations for use for the purposes of the fund.
(c) Moneys credited to the Republican river water conservation projects — Nebraska moneys fund shall be expended only for conservation projects, utilization efficiency, administrative requirements and delivery projects, and similar types of projects set forth in subsection (g), in those areas of the state lying in the lower Republican river basin between the Kansas/Nebraska border and Milford dam in all or parts of Clay, Cloud, Dickinson, Geary, Jewell, Mitchell, Republic, Riley, Smith and Washington counties.
(d) There is hereby established in the state treasury the Republican river water conservation projects — Colorado moneys fund to be administered by the director of the Kansas water office.
(e) Revenue from the following sources shall be credited to the Republican river water conservation projects — Colorado moneys fund:
(1) Amounts provided for by K.S.A. 82a-1801, and amendments thereto; and
(2) moneys received from any source by the state in the form of gifts, grants, reimbursements or appropriations for use for purposes of the fund.
(f) Moneys credited to the Republican river water conservation projects — Colorado moneys fund shall be expended only for conservation projects, utilization efficiency, administrative requirements and delivery projects, and similar types of projects set forth in subsection (g), in those areas of the state lying in the upper Republican river basin in northwest Kansas in all or parts of Cheyenne, Decatur, Norton, Phillips, Rawlins, Sheridan, Sherman and Thomas counties.
(g) The types of projects that may be funded under paragraphs (2) and (3) of subsection (a) of K.S.A. 82a-1801, and amendments thereto, include:
(1) Efficiency improvements to canals or laterals managed and paid for by an irrigation district or projects to improve the operational efficiency or management of such canals or laterals;
(2) water use efficiency upgrades;
(3) implementation of water conservation of irrigation and other types of water uses;
(4) implementation of water management plans or actions by water rights holders;
(5) water measurement flumes, meters, gauges, data collection platforms or related monitoring equipment and upgrades;
(6) artificial recharge, funding a water transition assistance program; the purchase of water rights for stream recovery or aquifer restoration and cost share for state or federal conservation programs that save water;
(7) maintenance of the channel and the tributaries of the Republican river;
(8) reservoir maintenance or the purchase, lease, construction or other acquisition of existing or new storage space in reservoirs;
(9) purchase, lease or other acquisition of a water right; and
(10) expenses incurred to construct and operate off-stream storage.
History: L. 2008, ch. 40, § 1; L. 2011, ch. 74, § 5; July 1.
(a) (1) Any person or entity may apply to the director of the Kansas water office for expenditure of moneys in the Arkansas river water conservation projects fund for the purposes set forth in paragraph (1) of subsection (a) of K.S.A. 82a-1801, and amendments thereto.
(2) Any person or entity may apply to the director of the Kansas water office for expenditure of moneys in the Republican river water conservation projects — Nebraska moneys fund and the Republican river water conservation projects — Colorado moneys fund for the purposes set forth in paragraphs (2) and (3) of subsection (a) of K.S.A. 82a-1801, and amendments thereto.
(b) The director of the Kansas water office and the chief engineer of the Kansas department of agriculture, division of water resources shall review and approve each proposed project for which moneys in either fund will be expended. In reviewing and approving proposed projects the director and the chief engineer shall give priority to: (1) Projects needed to achieve or maintain compliance with the Arkansas river compact or the Republican river compact; (2) projects that achieve greatest water conservation efficiency for the general good; and (3) projects that have been required by the division of water resources. Upon such review and approval, the director of the Kansas water office shall request the legislature to appropriate, as a line item, moneys from either fund to pay all or a portion of the costs for a specific project, except that any project which an aggregate of less than $10,000 will be expended from either fund shall not require a line item appropriation.
(c) Interest attributable to moneys in the Arkansas river water conservation projects fund, Republican river water conservation projects — Nebraska moneys fund and the Republican river water conservation projects — Colorado moneys fund shall be credited to the state general fund as provided by K.S.A. 75-4210a, and amendments thereto.
(d) All expenditures from the Arkansas river water conservation projects fund, Republican river water conservation projects — Nebraska moneys fund and the Republican river water conservation projects — Colorado moneys fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or a designee of the director of the Kansas water office.
History: L. 2008, ch. 40, § 2; L. 2011, ch. 74, § 6; July 1.
(a) Orders of the chief engineer of the division of water resources of the department of agriculture pursuant to K.S.A. 82a-708b and 82a-711, and amendments thereto, and K.S.A. 82a-737 and 82a-770, and amendments thereto, and failure of the chief engineer to act pursuant to K.S.A. 82a-714, and amendments thereto, shall be subject, upon timely request within 15 days of service of the order pursuant to K.S.A. 77-531, and amendments thereto, or the chief engineer's failure to act timely pursuant to K.S.A. 82a-714, and amendments thereto, to an administrative hearing by a hearing officer designated according to subsection (b) and otherwise in accordance with the provisions of the Kansas administrative procedure act.
(b) The chief engineer shall provide an opportunity for a hearing to be conducted before the chief engineer or before a hearing officer appointed by the chief engineer. Such hearing officer shall not be a current employee of the department of agriculture, shall be licensed as an attorney in this state and shall be knowledgeable in the areas of water policies and administrative procedure. Such hearing officer, as directed by the chief engineer, shall either provide recommendations to the chief engineer for issuance of an initial order or issue an initial order.
(c) Orders of the chief engineer of the division of water resources of the department of agriculture issued pursuant to K.S.A. 42-703, 42-722, 42-722a, 82a-708b, 82a-711 and 82a-718, and amendments thereto, and K.S.A. 82a-737, 82a-770, 82a-1038 and 82a-1041, and amendments thereto, regardless of whether the order is deemed an initial order pursuant to K.S.A. 77-526, and amendments thereto, and failure of the chief engineer to act pursuant to K.S.A. 82a-714, and amendments thereto, and any order issued pursuant to subsection (b), shall be subject, upon timely request within 30 days of service of the order pursuant to K.S.A. 77-531, and amendments thereto, or the chief engineer's failure to act timely pursuant to K.S.A. 82a-714, and amendments thereto, to review by the secretary of agriculture pursuant to K.S.A. 77-527, and amendments thereto, and otherwise in accordance with the provisions of the Kansas administrative procedure act.
(d) Any final order of the department of agriculture issued pursuant to this section shall not be subject to reconsideration pursuant to K.S.A. 77-529, and amendments thereto.
(e) This act shall not affect any administrative proceeding pending before the chief engineer of the division of water resources of the department of agriculture, the secretary of agriculture or any administrative hearing officer on July 1, 2017, and such matter shall proceed as though no change in the law had been made with regard to such proceeding.
History: L. 1999, ch. 130, § 10; L. 2004, ch. 145, § 50; L. 2010, ch. 17, § 221; L. 2013, ch. 111, § 9; L. 2017, ch. 23, § 5; July 1.
History: L. 1999, ch. 130, § 11; Repealed, L. 2017, ch. 23, § 6; July 1.
(a) (1) On or before November 15, 1999, the chief engineer of the division of water resources of the Kansas department of agriculture, in accordance with K.S.A. 77-420, and amendments thereto, shall submit to the secretary of administration and the attorney general proposed rules and regulations containing all current standards, statements of policy and general orders that: (A) Have been issued or adopted by the chief engineer; (B) are of general application and have the effect of law; and (C) are not contained in current rules and regulations adopted by the chief engineer.
(2) If any standard, statement of policy or general order described in subsection (a)(1) is not submitted as required by subsection (a), such standard, statement of policy or general order shall be void and of no effect after November 15, 1999, until adopted by rules and regulations.
(b) (1) On or before March 1, 2000, each groundwater management district shall submit to the chief engineer of the division of water resources of the Kansas department of agriculture recommended rules and regulations containing all current standards, statements of policy and general orders that: (A) Have been issued or adopted by such district; (B) are of general application within the district and have the effect of law; and (C) are not contained in current rules and regulations adopted by the chief engineer.
(2) If any standard, statement of policy or general order described in subsection (b)(1) is not submitted as required by that subsection, such standard, statement of policy or general order shall be void and of no effect after March 1, 2000, until adopted by rules and regulations.
(c) Any standard, policy or order of a groundwater management district which is within the authority of the chief engineer, other than an administrative standard or policy relating to management of the district, shall be void and of no effect after January 1, 2003, unless adopted by rules and regulations of the chief engineer as provided by subsection (o) of K.S.A. 82a-1028, and amendments thereto. Any standard, policy or order of a groundwater management district which is within the authority of another state agency, other than an administrative standard or policy relating to management of the district, shall be void and of no effect after January 1, 2004, unless adopted by rules and regulations of such agency as provided by subsection (p) of K.S.A. 82a-1028, and amendments thereto.
History: L. 1999, ch. 130, § 12; L. 2002, ch. 137, § 7; L. 2004, ch. 101, § 182; July 1.
The chief engineer of the division of water resources of the Kansas department of agriculture, for good cause shown, may grant an exemption from or waiver of a rule and regulation adopted by the chief engineer if the chief engineer determines that the exemption or waiver will not prejudicially or unreasonably affect the public interest and will not impair any existing water right. The exemption or waiver shall be in writing and shall include the reason for the exemption or waiver.
History: L. 1999, ch. 130, § 13; L. 2004, ch. 101, § 183; July 1.
Before any proposed rules and regulations of the chief engineer of the division of water resources of the department of agriculture are submitted to the secretary of administration or the attorney general pursuant to K.S.A. 77-420, and amendments thereto:
(a) The chief engineer shall submit such rules and regulations to the secretary of agriculture; and
(b) the secretary of agriculture shall review and make recommendations to the chief engineer regarding such proposed rules and regulations.
History: L. 1999, ch. 130, § 14; May 6.
(a) The division of water resources of the Kansas department of agriculture shall post all complete applications and all orders issued by the division pursuant to K.S.A. 82a-706b, 82a-708a and 82a-708b, and amendments thereto, and K.S.A. 82a-745, and amendments thereto, on its official website.
(b) The division, in conjunction with the groundwater management district within which such water right is situated, shall notify all water right owners with a point of diversion within half a mile, or further if deemed necessary by a rule and regulation of the chief engineer, of a water right pending request or application pursuant to K.S.A. 82a-706b, 82a-708a and 82a-708b, and amendments thereto, and K.S.A. 82a-745, and amendments thereto, except for change applications requesting a point of diversion move 300 feet or less from the currently authorized location.
History: L. 2016, ch. 71, § 2; L. 2017, ch. 55, § 3; July 1.
As used in this act:
(a) (1) "Classified stream segments" shall include all stream segments that are waters of the state as defined in K.S.A. 65-161(a), and amendments thereto, and waters described in K.S.A. 65-171d(d), and amendments thereto, that:
(A) Are indicated on the federal environmental protection agency's reach file 1 (RF1) (1982) and have the most recent 10-year median flow of equal to or in excess of one cubic foot per second based on data collected and evaluated by the United States geological survey or in the absence of stream segment flow data, calculations of flow conducted by extrapolation methods provided by the United States geological survey;
(B) have the most recent 10-year median flow of equal to or in excess of one cubic foot per second based on data collected and evaluated by the United States geological survey or in the absence of stream segment flow data, calculations of flow conducted by extrapolation methods provided by the United States geological survey;
(C) are actually inhabited by threatened or endangered aquatic species listed in rules and regulations promulgated by the Kansas department of wildlife and parks or the United States fish and wildlife service;
(D) (i) scientific studies conducted by the department show that during periods of flow less than one cubic foot per second stream segments provide important refuges for aquatic life and permit biological recolonization of intermittently flowing segments; and
(ii) a cost-benefit analysis conducted by the department and taking into account the economic and social impact of classifying the stream segment indicates that the benefits of classifying the stream segment outweigh the costs of classifying the stream segment, as consistent with the federal clean water act and federal regulations; or
(E) are at the point of discharge on the stream segment and downstream from such point where the department has issued a national pollutant discharge elimination system permit other than a permit for a confined feeding facility, as defined in K.S.A. 65-171d, and amendments thereto.
(2) Classified stream segments other than those described in subsection (a)(1)(E) shall not include ephemeral streams; grass, vegetative or other waterways; culverts; or ditches.
(3) Any definition of classified stream or "classified stream segment" in rules and regulations or law that is inconsistent with this definition is hereby declared null and void.
(b) "Department" means the department of health and environment.
(c) "Designated uses of classified stream segments" shall be defined as follows:
(1) "Agricultural water supply use" means the use of a classified stream segment for agricultural purposes, including the following:
(A) "Irrigation" means the withdrawal of water from a classified stream segment for application onto land; or
(B) "livestock watering" means the provision of water from a classified stream segment to livestock for consumption.
(2) "Aquatic life support use" means the use of a classified stream segment for the maintenance of the ecological integrity of streams, lakes and wetlands, including the sustained growth and propagation of native aquatic life; naturalized, important, recreational aquatic life; and indigenous or migratory semiaquatic or terrestrial wildlife directly or indirectly dependent on surface water for survival. Categories of "aquatic life support use" include:
(A) "Special aquatic life use waters" means classified stream segments that contain combinations of habitat types and indigenous biota not found commonly in the state, or classified stream segments that contain representative populations of threatened or endangered species, that are listed in rules and regulations promulgated by the Kansas department of wildlife and parks or the United States fish and wildlife service.
(B) "Expected aquatic life use waters" means classified stream segments containing habitat types and indigenous biota commonly found or expected in the state.
(C) "Restricted aquatic life use waters" means classified stream segments containing indigenous biota limited in abundance or diversity by the physical quality or availability of habitat, due to natural deficiencies or artificial modifications, compared to more suitable habitats in adjacent waters.
(3) "Domestic water supply" means the use of a classified stream segment, after appropriate treatment, for the production of potable water.
(4) "Food procurement use" means the use of a classified stream segment for the obtaining of edible forms of aquatic or semiaquatic life for human consumption.
(5) "Groundwater recharge use" means the use of a classified stream segment for the replenishing of fresh or usable groundwater resources. This use may involve the infiltration and percolation of surface water through sediments and soils or the direct injection of surface water into underground aquifers.
(6) "Industrial water supply use" means the use of a classified stream segment for nonpotable purposes by industry, including withdrawals for cooling or process water.
(7) (A) "Recreational use" means:
(i) Primary contact recreational use is use of a classified stream segment for recreation during the period from April 1 through October 31 of each year, provided such classified stream segment is capable of supporting the recreational activities of swimming, skin diving, water-skiing, wind surfing, kayaking or mussel harvesting where the body is intended to be immersed in surface water to the extent that some inadvertent ingestion of water is probable.
(a) Primary contact recreational use-Class A: Use of a classified stream segment for recreation during the period from April 1 through October 31 of each year, and the classified stream segment is a designated public swimming area. Water quality criterion for bacterial indicator organisms applied to Class A waters shall be set at an illness rate of eight or more per 1,000 swimmers. The classified stream segment shall only be considered impaired for primary contact recreational use-Class A if the calculated geometric mean of at least five samples collected in separate 24-hour periods within a 30-day period exceeds the corresponding water quality criterion. The water quality criterion for primary contact recreational use-Class A waters during the period November 1 through March 31 of each year shall be equal to the criterion applied to secondary contact recreational use-Class A waters.
(b) Primary contact recreational use-Class B: Use of a classified stream segment for recreation, where moderate full body contact recreation is expected, during the period from April 1 through October 31 of each year, and the classified stream segment is by law or written permission of the landowner open to and accessible by the public. Water quality criterion for bacterial indicator organisms applied to Class B waters shall be set at an illness rate of 10 or more per 1,000 swimmers. The classified stream segment shall only be considered impaired for primary contact recreational use-Class B if the calculated geometric mean of at least five samples collected in separate 24-hour periods within a 30-day period exceeds the corresponding water quality criterion. The water quality criterion for primary contact recreational use-Class B waters during the period November 1 through March 31 of each year shall be equal to the criterion applied to secondary contact recreational use-Class A waters.
(c) Primary contact recreational use-Class C: Use of a classified stream segment for recreation, where full body contact recreation is infrequent during the period from April 1 through October 31 of each year, and is not open to and accessible by the public under Kansas law and is capable of supporting the recreational activities of swimming, skin diving, water-skiing, wind surfing, boating, mussel harvesting, wading or fishing. Water quality criterion for bacterial indicator organisms applied to Class C waters shall be set at an illness rate of 12 or more per 1,000 swimmers. The classified stream segment shall only be considered impaired for primary contact recreational use-Class C if the calculated geometric mean of at least five samples collected in separate 24-hour periods within a 30-day period exceeds the corresponding water quality criterion. The water quality criterion for primary contact recreational use-Class C waters during the period November 1 through March 31 of each year shall be equal to the criterion applied to secondary contact recreational use-Class B waters.
(ii) Secondary contact recreational use is use of a classified stream segment for recreation, provided such classified stream segment is capable of supporting the recreational activities of wading, fishing, canoeing, motor boating, rafting or other types of boating where the body is not intended to be immersed and where ingestion of surface water is not probable.
(a) Secondary contact recreational use-Class A: Use of a classified stream segment for recreation capable of supporting the recreational activities of wading or fishing and the classified stream segment is by law or written permission of the landowner open to and accessible by the public. Water quality criterion for bacterial indicator organisms applied to secondary contact recreational use-Class A waters shall be nine times the criterion applied to primary contact recreational use-Class B waters. The classified stream segment shall only be considered impaired for secondary contact recreational use-Class A if the calculated geometric mean of at least five samples collected in separate 24-hour periods within a 30-day period exceeds the corresponding water quality criterion.
(b) Secondary contact recreational use-Class B: Use of a classified stream segment for recreation capable of supporting the recreational activities of wading or fishing and the classified stream segment is not open to and accessible by the public under Kansas law. Water quality criterion for bacterial indicator organisms applied to secondary contact recreational use-Class B waters shall be nine times the criterion applied to primary contact recreational-Class C use waters. The classified stream segment shall only be considered impaired for secondary contact recreational use-Class B if the calculated geometric mean of at least five samples collected in separate 24-hour periods within a 30-day period exceeds the corresponding water quality criterion.
(B) If opposite sides of a classified stream segment would have different designated recreational uses due to differences in public access, the designated use of the entire classified stream segment may be the higher attainable use, notwithstanding that such designation does not grant the public access to both sides of such segment.
(C) Recreational use designations shall not apply to stream segments where the natural, ephemeral, intermittent or low flow conditions or water levels prevent recreational activities.
(d) "Ephemeral stream" means streams that flow only in response to precipitation and whose channel is at all times above the water table.
(e) "Secretary" means the secretary of health and environment.
History: L. 2001, ch. 100, § 1; L. 2003, ch. 105, § 1; L. 2012, ch. 47, § 136; L. 2023, ch. 7, § 149; July 1.
Notwithstanding any other provisions of law and in addition to the powers of the secretary pursuant to K.S.A. 65-171d, and amendments thereto, the secretary shall establish classified stream segments in Kansas and, following such classification, designate use of such classified stream segments pursuant to K.S.A. 82a-2003 and 82a-2004, and amendments thereto.
History: L. 2001, ch. 100, § 2; September 1.
(a) Prior to December 31, 2002, the department shall review all stream segments listed on the 1999 Kansas surface water register and determine whether such stream segments meet the definitions of classified stream segments pursuant to paragraph (a)(1)(A) or (a)(1)(B) of K.S.A. 82a-2001, and amendments thereto. The department shall begin the review with stream segments listed on the 1999 Kansas surface water register west of the 98th longitude line and consider stream flow data or methodologies of extrapolating flow from the United States geological survey.
(b) Prior to December 31, 2005, the department shall review all stream segments listed on the 1999 Kansas surface water register which do not meet the definitions of classified stream segments pursuant to paragraph (a)(1)(A) or (a)(1)(B) of K.S.A. 82a-2001, and amendments thereto, and determine whether such stream segments meet the definitions of classified stream segments pursuant to paragraph (a)(1)(C), (a)(1)(D) or (a)(1)(E) of K.S.A. 82a-2001, and amendments thereto. The department shall establish a procedure, adopted in rules and regulations, requiring that all of the reviews and findings have been met pursuant to paragraph (a)(1)(D) of K.S.A. 82a-2001, and amendments thereto.
(c) All current stream classifications shall remain in effect until December 31, 2005, or as deleted or changed through the procedures set forth above.
History: L. 2001, ch. 100, § 3; September 1.
(a) Prior to October 15, 2001, the department shall make publicly available a listing of all currently classified stream segments for which: (1) Designated use attainability analyses for recreational use have been completed; (2) recreational use has been determined not attainable; or (3) designated use attainability analyses for recreational use have not been completed. For such classified stream segments for which designated use attainability analyses for recreational use have not been completed, the department, at a minimum, shall complete a designated use attainability analysis for recreational use according to the following schedule:
(A) An aggregate of at least 25% of such classified stream segments shall have a designated use attainability analyses for recreational use completed prior to October 31, 2002.
(B) An aggregate of at least 50% of such classified stream segments shall have a designated use attainability analyses for recreational use completed prior to October 31, 2003.
(C) An aggregate of at least 75% of such classified stream segments shall have a designated use attainability analyses for recreational use completed prior to October 31, 2004.
(D) All of such classified stream segments shall have designated use attainability analyses for recreational use completed prior to October 31, 2005.
(b) Prior to October 15, 2002, the department shall make publicly available a listing of all currently classified stream segments for which: (1) Designated use attainability analyses for use other than recreational use have been completed; (2) use other than recreational use has been determined not attainable; or (3) designated use attainability analyses for use other than recreational use have not been completed. For such classified stream segments for which designated use attainability analyses for use other than recreational use have not been completed, the department, at a minimum, shall complete a designated use attainability analysis for use other than recreational use according to a schedule adopted before June 1, 2004, by rules and regulations of the secretary.
(c) Barring flooding or acts of God, which would prevent the department from completing designated use attainability analyses, the schedules provided for pursuant to subsections (a) and (b) shall be accelerated to allow for completion of designated use attainability analyses for all designated uses on or before December 31, 2007.
(d) All current designated uses of classified stream segments listed on the Kansas surface water register 1999 shall remain in effect until December 31, 2007, or until deleted or changed through the procedures set forth above.
History: L. 2001, ch. 100, § 4; September 1.
(a) Prior to December 1, 2001, the secretary shall publish as guidance designated use attainability analysis protocols for the revision and adoption of designated uses of classified stream segments to protect the public health or welfare and to enhance the quality of classified stream segments. The secretary shall take into consideration the uses and values of such waters for public water supplies, propagation of fish and wildlife, navigation and recreational, agricultural, industrial and other purposes.
(b) The designated use attainability analysis protocols shall include, if applicable for the respective designated use, procedures for:
(1) Review of physical, chemical, biological and economic and social factors affecting attainment of a use or uses;
(2) review of naturally-occurring pollutant concentrations and conditions affecting attainment of a use or uses;
(3) review of natural, ephemeral, intermittent or low flow conditions or water levels affecting attainment of a use or uses;
(4) review of human conditions that prevent attainment of a use or uses, including state laws, and that cannot be remedied or that would cause more damage or an inproportionate cost to remedy than to leave in place;
(5) review of hydrologic modifications such as dams and diversions affecting attainment of a use or uses;
(6) review of physical conditions related to natural features such as lack of proper substrate, cover, flow, depth, pools, riffles and other stream morphology affecting attainment of a use or uses;
(7) identification and description of cost-effective and reasonable best management practices for non-point source pollutant control where such control would be needed to attain a use or uses; and
(8) qualified persons outside the department to conduct designated use attainability analyses.
(c) A use or uses shall not be designated unless it is demonstrated that such use or uses are actually existing and attainable, or unless it is demonstrated that the adverse social and economic impacts of designating a use or uses that are not actually existing are outweighed by the social and economic benefits resulting from the attainment of such use or uses.
(d) Within 60 days after receipt of submission of a use attainability analysis, the department shall review and provide a written determination of whether the documentation submitted is complete.
(e) Within 60 days after receipt of submission of a complete use attainability analysis, the department shall review and provide a written determination of whether revision of the designated use will be proposed as a rule and regulation. Any person aggrieved by such determination may make written request, within 30 days after receipt of such determination, for a meeting with the secretary or the secretary's designee to discuss the determination and exchange information.
(f) All proposed revisions to the surface water register shall be proposed for adoption in accordance with the rules and regulations filing act (K.S.A. 77-415, and amendments thereto).
(g) Following the promulgation of a revision of the surface water register as a rule and regulation pursuant to subsections (d) and (e), any person aggrieved by such promulgation, within 15 days after publication of the rule and regulation, may request a hearing by filing an application for an order under the Kansas administrative procedure act. Any action of the secretary in a proceeding pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
(h) The Kansas surface water register shall be updated and published annually.
History: L. 2001, ch. 100, § 5; L. 2010, ch. 17, § 222; July 1.
(a) Annually, on or before the first day of the legislative session, the secretary shall prepare and submit a report to the governor and the chairperson, vice-chairperson and ranking minority member of the standing committees of the house of representatives and the senate on environment and natural resources regarding the status of completing the classification of streams as required in K.S.A. 82a-2003, and amendments thereto, and designated use attainability analyses as required in K.S.A. 82a-2004, and amendments thereto.
(b) On or before February 15, 2003, the secretary shall report to the governor and the chairperson, vice-chairperson and ranking minority member of the standing committees of the house of representatives and the senate on environment and natural resources regarding the status of new methodologies of measuring stream flow, in particular that under development by the United States geological survey.
History: L. 2001, ch. 100, § 6; September 1.
Subject to appropriations, there shall be an additional employee at the Kansas department of agriculture division of conservation to work on total maximum daily load compliance and to coordinate with the department and other appropriate federal and state agencies to further implement voluntary incentive based conservation programs to protect water quality.
History: L. 2001, ch. 100, § 7; L. 2012, ch. 140, § 144; July 1.
Nothing in this act shall be construed to:
(1) Require the secretary to designate the use of any classified stream as secondary contact recreational use pursuant to subsection (c)(7)(A)(ii)(b) of K.S.A. 82a-2001, and amendments thereto; or
(2) authorize public access to private property unless such public access is otherwise authorized by law or by written permission of the landowner.
History: L. 2001, ch. 100, § 8; September 1.
If any provisions of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History: L. 2001, ch. 100, § 9; September 1.
The secretary of health and environment shall develop and publish proposed rules and regulations to incorporate the provisions of this act, in accordance with the rules and regulations filing act, on or before July 1, 2003.
History: L. 2003, ch. 105, § 2; May 1.
(a) On and after January 1, 2002, there is hereby imposed a clean drinking water fee at the rate of $.03 per 1,000 gallons of water sold at retail by a public water supply system and delivered through mains, lines or pipes. Such fee shall be paid, administered, enforced and collected in the manner provided for the fee imposed by subsection (a)(1) of K.S.A. 82a-954, and amendments thereto. The price to the consumer of water sold at retail by any such system shall not include the amount of such fee.
(b) (1) A public water supply system may elect to opt out of the fee imposed by this section by notifying, before October 1, 2001, the Kansas water office and the department of revenue of the election to opt out. Except as provided by subsection (b)(2), such election shall be irrevocable. Such public water supply system shall continue to pay all applicable sales tax on direct and indirect purchases of tangible personal property and services purchased by such system.
(2) On and after January 1, 2005, any public water supply system which elected to opt out of the fee imposed by subsection (a) may elect to collect such fee as provided by subsection (a) and direct and indirect purchases of tangible personal property and services by such system shall be exempt from sales tax as provided by K.S.A. 79-3606, and amendments thereto. Such election shall be irrevocable.
(c) The director of taxation shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received or collected from the fee imposed pursuant to this section. Upon receipt thereof, the state treasurer shall deposit the entire amount in the state treasury and credit it as follows:
(1) 5/106 of such amount shall be credited to the state highway fund and the remainder to the state general fund; and
(2) on and after July 1, 2007, 5/106 of such amount shall be credited to the state highway fund and the remaining amount shall be credited to the state water plan fund created by K.S.A. 82a-951, and amendments thereto, for use as follows: (A) Not less than 15% shall be used to provide on-site technical assistance for public water supply systems, as defined in K.S.A. 65-162a, and amendments thereto, to aid such systems in conforming to responsible management practices and complying with regulations of the United States environmental protection agency and rules and regulations of the department of health and environment; and (B) the remainder shall be used to renovate and protect lakes which are used directly as a source of water for such public water supply systems, so long as where appropriate, watershed restoration and protection practices are planned or in place.
(d) The Kansas department of agriculture division of conservation shall promulgate rules and regulations in coordination with the Kansas water office establishing the project application evaluation criteria for the use of such moneys under subsection (c)(2)(B).
History: L. 2001, ch. 199, § 4; L. 2004, ch. 171, § 11; L. 2005, ch. 142, § 4; L. 2012, ch. 140, § 145; July 1.
(a) K.S.A. 82a-2201 through 82a-2211, and amendments thereto, shall be known and may be cited as the horsethief reservoir benefit district act.
(b) The powers conferred by this act are for public uses, economic development purposes or purposes for which public money may be expended.
(c) Powers granted pursuant to this act shall be in addition to any other power provided by law.
History: L. 2004, ch. 65, § 1; April 15.
As used in K.S.A. 82a-2201 through 82a-2211, and amendments thereto: (a) "Act" means the provisions of K.S.A. 82a-2201 through 82a-2211, and amendments thereto;
(b) "bonds" mean special obligation bonds or special obligation notes payable from the sources described in this act, issued by the district in accordance with the provisions of this act;
(c) "district" means the horsethief reservoir benefit district created pursuant to this act, the boundaries of which shall include all property located within the boundaries of Finney, Ford, Gray and Hodgeman counties;
(d) "governing board" means the governing body of the horsethief reservoir benefit district created pursuant to this act;
(e) "project" means the construction of a dam and recreation facilities within the district; and
(f) "horsethief reservoir benefit district sales tax" means the tax authorized by this act.
History: L. 2004, ch. 65, § 2; April 15.
There is hereby created the horsethief reservoir benefit district for the purposes provided by this act.
History: L. 2004, ch. 65, § 3; April 15.
(a) The governing board of the horsethief reservoir benefit district shall consist of eight members, as follows:
(1) Four members to be appointed one each by the board of county commissioners of the four counties in the district;
(2) one member to be appointed one each by the governing body of the cities of Dodge City and Garden City;
(3) one member appointed by the Pawnee watershed district; and
(4) the secretary of wildlife and parks or the secretary's designee.
(b) The member appointed by the Pawnee watershed district shall serve as chairperson of the governing board.
(c) The board shall meet upon call of the chairperson as necessary to carry out its duties under this act.
(d) The initial appointment for the members appointed by Finney and Gray counties and Dodge City shall be for a term of one year. The initial appointment for the members appointed by Ford and Hodgeman counties, Garden City and the Pawnee watershed district shall be for a term of two years. For each subsequent appointment, each appointed member of the board shall be appointed for a term of two years. Each member shall continue in such position until a successor is appointed and qualified. Members shall be eligible for reappointment. Whenever a vacancy occurs in the membership of the board, a successor shall be selected to fill such vacancy in the same manner as and for the unexpired term of the member such person is succeeding.
(e) The governing body shall have the following powers and duties:
(1) Authority to impose a district wide sales tax pursuant to the provisions of this act;
(2) authority to issue bonds pursuant to the provisions of this act; and
(3) authority to manage recreational facilities within the district.
(f) The governing body shall provide that any fee schedule imposed for users of recreational facilities within the district may be set at a reduced rate or schedule for residents of any county that is a part of the district.
History: L. 2004, ch. 65, § 4; L. 2012, ch. 47, § 137; L. 2023, ch. 7, § 150; July 1.
(a) In addition to and notwithstanding any limitations on the aggregate amount of the retailers' sales tax contained in K.S.A. 12-187 through 12-197, and amendments thereto, the district may impose a horsethief reservoir benefit district sales tax on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the provisions of the Kansas retailers' sales tax act, and amendments thereto, within the district for purposes of financing the project in increments of .05% and in an aggregate amount not to exceed .25% and pledge the revenue received therefrom to pay the costs of the project, the costs to manage and operate the project and to make debt service payments on any bonds issued to finance the project. Any horsethief reservoir benefit district sales tax imposed pursuant to this section shall expire no later than the maturity date of the bonds issued to finance such project or refunding bonds issued therefor.
(b) Prior to the imposition of the horsethief reservoir benefit district sales tax, the governing board shall adopt a resolution stating its intention to levy a horsethief reservoir benefit district sales tax for the purpose of financing the project and continued management and operational expenses thereof as proposed by this act. The governing board shall give notice of the public hearing on the imposition of such horsethief reservoir benefit district sales tax. Such notice shall be published at least once a week for two consecutive weeks in the official county newspaper of each county whose boundaries are located within the district. The second notice shall be published at least seven days prior to the date of hearing. The notice shall contain the following information:
(1) The time and place of the hearing;
(2) the nature of the project;
(3) the estimated cost of the project;
(4) the proposed method of financing the project; and
(5) the proposed amount of the horsethief reservoir benefit district sales tax to be imposed and the termination date of such horsethief reservoir benefit district sales tax.
(c) The hearing may be adjourned from time to time. Following the hearing, the governing board may authorize the project, approve the estimated cost of the project and the method of financing of the project by adoption of the appropriate resolution. Such resolution shall be effective upon publication once in the official county newspaper of each county whose boundaries are located within the district.
(d) If at the conclusion of the public hearing, the governing board of the district proposes to impose a horsethief reservoir benefit district sales tax, the governing board shall submit a proposition to impose such tax to the qualified electors within the district. Notice of such election shall be published at least once a week for two consecutive weeks in the official county newspaper of each county whose boundaries are located within the district. The second notice shall be published at least seven days prior to the date of such election. Any such election shall be called and held at any general election, as defined in K.S.A. 25-2502, and amendments thereto, or at a special election called for that purpose. In lieu thereof, such election may be called and held in the manner provided by K.S.A. 25-431 et seq., and amendments thereto. If an election is held and the proposition is approved by a majority of the voters of the district voting at such election, the governing board, by resolution, may levy such tax. If such a resolution is adopted pursuant to this act, the horsethief reservoir benefit district sales tax shall be imposed in the district. Except as provided in this act, the tax authorized by this section shall be administered, collected and subject to provisions of K.S.A. 12-187 to 12-197, inclusive, and amendments thereto.
(e) Upon receipt of a certified copy of the resolution authorizing the levy of the horsethief reservoir benefit district sales tax pursuant to this section, the state director of taxation shall cause such tax to be collected in the district at the same time and in the same manner provided for the collection of the state retailers' sales tax. All taxes collected under the provisions of this act shall be remitted by the secretary of revenue to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount of all taxes collected under the provisions of this act in the state treasury to the credit of the horsethief reservoir benefit district sales tax fund, which fund is hereby established in the state treasury. All moneys in the horsethief reservoir benefit district sales tax fund shall be remitted at least quarterly by the state treasurer, on instruction from the secretary of revenue, to the district. Any refund due on any horsethief reservoir benefit district sales tax collected pursuant to this section shall be paid out of the horsethief reservoir benefit district sales tax refund fund which is hereby established in the state treasury and reimbursed by the director of taxation from collections of the horsethief reservoir benefit district sales tax authorized by this section and applied by the district in the manner provided pursuant to this act.
History: L. 2004, ch. 65, § 5; L. 2005, ch. 1, § 1; February 17.
No suit to set aside the creation of the district, the authorization or funding of the project or the horsethief reservoir benefit district sales tax shall be brought after the expiration of 30 days from the date of certification of canvass of the votes at an election which authorizes the imposition of a horsethief reservoir benefit district sales tax.
History: L. 2004, ch. 65, § 6; April 15.
The costs of the project shall be paid from all or any of the following sources: (a) The revenue received from the horsethief reservoir benefit district sales tax authorized by this act;
(b) the proceeds of any bonds issued pursuant to this act; and
(c) any other funds made available to the district, including funds appropriated by the state or the Pawnee watershed district.
History: L. 2004, ch. 65, § 7; April 15.
A fund shall be created by the district for the project and identified by a suitable title. The proceeds from the sale of bonds and any other moneys appropriated by the governing board for such purpose shall be credited to such fund. Such fund shall be used solely to pay the costs of the project. Upon payment of the principal and interest on the bonds, if any, the governing board shall have authority to spend any moneys remaining in the fund for the purpose of management and operation of the project.
History: L. 2004, ch. 65, § 8; April 15.
(a) The district may issue bonds in one or more series to finance the undertaking of the project in accordance with the provisions of this act. Such bonds shall be made payable, both as to principal and interest solely from a pledge of the sources of funds described in K.S.A. 82a-2205, and amendments thereto. The district may pledge such revenue to the repayment of such bonds prior to, simultaneously with or subsequent to the issuance of such bonds.
(b) Bonds issued pursuant to subsection (a) shall not be general obligations of the district, give rise to a charge against its general credit or taxing powers, or be payable out of any funds or properties other than any of those set forth in subsection (a) and such bonds shall so state on their face.
(c) Bonds issued pursuant to subsection (a) shall be special obligations of the district and are declared to be negotiable instruments. Such bonds shall be executed by the authorized representatives of the district and sealed with the corporate seal of the district. All details pertaining to the issuance of the bonds and terms and conditions thereof shall be determined by resolution of the district. The provisions of K.S.A. 10-106, and amendments thereto, requiring a public sale of bonds shall not apply to bonds issued under this act. All bonds issued pursuant to this act and all income or interest therefrom shall be exempt from all state taxes. Such bonds shall contain none of the recitals set forth in K.S.A. 10-112, and amendments thereto. Such bonds shall contain the following recitals: The authority under which such bonds are issued; that such bonds are in conformity with the provisions, restrictions and limitations thereof; and that such bonds and the interest thereon are to be paid from the money and revenue received as provided in subsection (a).
(d) Any district issuing bonds under the provisions of this act may refund all or part of such issue pursuant to the provisions of K.S.A. 10-116a, and amendments thereto.
(e) Bonds issued under the provisions of this act shall be in addition to and not subject to any statutory limitation of bonded indebtedness imposed on such district.
History: L. 2004, ch. 65, § 9; L. 2010, ch. 44, § 39; July 1.
The secretary of revenue, in connection with the horsethief reservoir benefit district for which sales tax revenues are pledged or otherwise intended to be used in whole or in part for the payment of bonds issued to finance project costs in such district for which a horsethief reservoir benefit district sales tax has been imposed, shall provide reports identifying each retailer having a place of business in such district setting forth the tax liability and the amount of such tax remitted by each retailer during the preceding month and identifying each business location maintained by the retailer within the district. Such report shall be made available to the bond trustee, escrow agent or paying agent for such bonds within a reasonable time after it has been requested from the director of taxation. The bond trustee, escrow agent or paying agent shall keep such retailers' district sales tax returns and the information contained therein confidential, but may use such information for purposes of allocating and depositing such district sales tax revenues in connection with the bonds used to finance the costs of the project in the district. Except as otherwise provided, the sales tax returns received by the bond trustee, escrow agent or paying agent shall be subject to the provisions of K.S.A. 79-3614, and amendments thereto.
History: L. 2004, ch. 65, § 10; April 15.
If the horsethief reservoir benefit district sales tax authorized pursuant to this act is not imposed by December 31, 2008, the provisions of this act shall expire.
History: L. 2004, ch. 65, § 11; April 15.
(a) The governing board of the horsethief reservoir benefit district is authorized to appoint a law enforcement manager and law enforcement officers to serve under the command of the law enforcement manager.
(b) Those employees of the horsethief reservoir benefit district that are appointed as law enforcement officers must meet the requirements of the Kansas law enforcement training act, K.S.A. 74-5601 through 74-5623, and amendments thereto.
(c) A law enforcement officer appointed under this section shall possess and exercise all general law enforcement powers, rights, privileges, protections and immunities in all counties where any horsethief reservoir benefit district property is located, as provided in K.S.A. 22-2401a, and amendments thereto. A law enforcement officer may book an arrested person at the jail in the jurisdiction of the arrest. Such law enforcement officer shall complete any required reports, arrest affidavits and other documents associated with the arrest. These reports shall be kept on file with the office of the law enforcement manager, unless a memorandum of agreement with a local law enforcement agency specifies otherwise.
(d) While on duty, law enforcement officers appointed under this section shall wear and publicly display a badge of office and a uniform. No such badge shall be required to be worn by any plain clothes investigator or department administrator, but any such officer shall present proper credentials and identification when required in the performance of such officer's duties.
History: L. 2010, ch. 42, § 1; July 1.
As used in K.S.A. 82a-2301 through 82a-2324, and amendments thereto, unless the context otherwise requires:
(a) "Access water" means water stored in water supply access storage of a reservoir under a water reservation right and provided as supplemental water to eligible water right holders.
(b) "Chief engineer" means the chief engineer of the Kansas department of agriculture, division of water resources.
(c) "District" means the lower smoky hill water supply access district.
(d) "Eligible water right holder" means a person holding a water right or permit, pursuant to K.S.A. 82a-701 et seq., and amendments thereto, to appropriate surface water from the program area for municipal, industrial, irrigation or recreation purposes as determined by the Kansas water office. Eligible water right holders for irrigation purposes shall be limited to the lower smoky hill river special irrigation district.
(e) "Landowner" means a person who is the record owner of any real estate within the boundaries of the district or who has an interest therein as contract purchaser of 40 or more contiguous acres in the district not within the corporate limits of any municipality. Owners of oil leases, gas leases, mineral rights, easements, or mortgages shall not be considered landowners by reason of such ownership.
(f) "Member" means an eligible water right holder who participates in and is subject to the rules and regulations of a water supply access district.
(g) "Person" means any natural person, private corporation, municipality or other public corporation.
(h) "Program" means the lower smoky hill water supply access program.
(i) "Program area" means the area of the smoky hill river below the kanopolis reservoir dam to the confluence of the smoky hill and saline rivers.
(j) "Special irrigation district" means the lower smoky hill water supply special irrigation district.
(k) "Water supply access storage" means water held by the Kansas water office in kanopolis reservoir under contract with the United States army corps of engineers and so designated by the Kansas water office as water supply access storage for the purposes of the lower smoky hill water supply access program.
History: L. 2011, ch. 89, § 1; July 1.
There is hereby established the lower smoky hill water supply access program within the Kansas water office. The Kansas water office, with approval of the Kansas water authority, may negotiate and enter into contracts for water supply access storage to be used for the purposes of this act. The water office may designate all or any portion of such water so held in the kanopolis reservoir to water supply access storage to meet the needs of the district.
History: L. 2011, ch. 89, § 2; July 1.
There is hereby established in the state treasury the lower smoky hill water supply access fund which shall be administered by the Kansas water office. All expenditures from the lower smoky hill water supply access fund shall be for the purposes of this act. All expenditures from the lower smoky hill water supply access fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports pursuant to vouchers approved by the director of the Kansas water office or the director's designee. All moneys received for the purposes of this act shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the lower smoky hill water supply access fund. The director of the Kansas water office may accept or receive moneys from the district into the lower smoky hill water supply access fund.
History: L. 2011, ch. 89, § 3; July 1.
(a) There is hereby authorized the lower smoky hill water supply access district.
(b) Upon receipt of an application for membership within the district, the director of the Kansas water office may determine the need to create an incorporating governing body for the district, and upon such determination, shall certify to the secretary of state and the members of the district that such district is eligible for formation and should be incorporated. The notice of certification should fix a date, time and place for an organizational meeting of such district.
(c) The members of the district shall meet on the date and time set by such director to form the incorporating governing body of such district.
(d) The incorporating governing body, if created, shall consist of five directors. Eligible water rights holders, or their representatives, who apply for membership, shall be the incorporating entities and shall determine the articles of incorporation. Such articles of incorporation shall provide the board of directors of the lower smoky hill water supply access district so formed, shall have an odd number of directors and shall include a provision that no less than one representative of the lower smoky hill special irrigation district serve as a member of the lower smoky hill water supply access district board, if such special irrigation district is formed under the provisions of this act. Upon incorporation of the district, such incorporating governing body shall dissolve and shall be replaced by the governing body as determined by the articles of incorporation and bylaws of the district.
(e) The directors of the incorporating governing body shall elect an incorporating chairperson. The chairperson, on behalf of the incorporating governing body, shall attest to all documents necessary for incorporation of the district by the secretary of state and for the business of the district. The secretary of state shall issue a certificate of incorporation for the district, which shall be filed of record in the office of the register of deeds of each county in which all or a portion of the district lies.
(f) Upon recordation of such certificate of incorporation, the district shall be authorized to function in accordance with the provision of this act and its certificate of incorporation. No action attacking the legal incorporation of any district organized under this section shall be maintained unless filed within 30 days after the issuance of such certificate of incorporation for such district by the secretary of state, nor shall the alleged illegality of the incorporation of any such district be interposed as a defense to any action brought after such time.
History: L. 2011, ch. 89, § 4; July 1.
(a) A prospective member may join the district if the prospective member:
(1) Applies to the Kansas water office for water supply access storage, for the purposes of this act; and
(2) has or applies for a water right eligible for membership under this act.
(b) Prospective members may be approved for membership by the director of the Kansas water office, after consultation with the chief engineer, if the director finds that:
(1) The proposed membership is in the public interest or has a public benefit sufficient for membership;
(2) there is adequate water supply access storage to meet the additional demand; and
(3) such other issues as may be determined by such director have been resolved.
History: L. 2011, ch. 89, § 5; July 1.
All powers granted to the district shall be exercised by the board of directors. A majority of the directors shall constitute a quorum for the transaction of business. A majority of those directors present and voting shall determine all actions taken by the governing body.
History: L. 2011, ch. 89, § 6; July 1.
After the initial meeting to elect the governing body, an annual meeting shall be held to elect such directors whose terms shall expire, to render a report on the financial condition and activities of the district and to adopt a budget in the manner provided by K.S.A. 79-2925 et seq., and amendments thereto. Notice of the annual meeting shall be given to all members of the district by first class mail, postage prepaid, at least 10 days prior to the date of the annual meeting.
History: L. 2011, ch. 89, § 7; July 1.
(a) Regular meetings of the board of directors shall be held no less than quarterly at a place, day and time established by the board of directors. Notice of such meetings shall be given to all members of the district by first class mail, postage prepaid, at least five days prior to the date of such meetings.
(b) Special meetings may be held at any time on the call of the chairperson of the district governing body. Notice shall be provided to each director at least one day prior to the time fixed for such special meeting. The notice of any special meeting may be accomplished by any means calculated to provide adequate notice to each director.
History: L. 2011, ch. 89, § 8; July 1.
The district incorporated under the provisions of this act shall be a body politic and corporate and shall have the power to:
(a) Adopt a seal;
(b) sue and be sued by its corporate name;
(c) purchase, hold, sell and convey land and personal property and to execute such contracts as the board of directors deems necessary or convenient to enable it to carry out the purpose for which it was organized;
(d) employ such professional, technical and clerical services and other assistance as deemed necessary by the board of directors;
(e) acquire personal property by gift or purchase;
(f) impose charges as provided by this act;
(g) select a residence or home office for the district, which shall be at a place in a county in which the district or any part thereof is located and may be either within or without the program area as may be designated by the board of directors; and
(h) take any other action necessary to achieve the purposes of the district.
History: L. 2011, ch. 89, § 9; July 1.
(a) The district shall impose charges against each member for the purposes of the district.
(1) The total of such charges shall be sufficient to enable the district to pay the Kansas water office the full annual amortized cost incurred by the Kansas water office for the operation, administration and enforcement of the program, including, but not limited to, the costs of acquiring the water supply access storage from the federal government by purchase or trade and the cost of operation and maintenance of such water supply access storage.
(2) The district may also impose charges against each member of the district in an amount sufficient to cover district operating costs.
(3) The district shall impose any charges necessary for the payment of the principal of and interest on revenue bonds issued by the Kansas water office pursuant to K.S.A. 82a-1360 et seq., and amendments thereto.
(4) The district shall determine the amount of the charges for each member and shall remit all moneys collected to the Kansas water office for deposit in the lower smoky hill water supply access fund created pursuant to this act. Charges to be paid by such members may vary and shall be based on the principle of having each member pay for the pro rata quantity authorized to each member by the district. In determining the charge, the board of directors of the district shall adopt guidelines for such members.
(b) The director of the Kansas water office shall request releases of water supply access water by the federal government from the kanopolis reservoir under such agreements with the federal government that govern operations of such reservoir. The chairperson of the governing body of the district or designee shall communicate with the Kansas water office regarding any member's need for such releases by the district.
(c) The director and the chief engineer each shall adopt any rules and regulations necessary to carry out the purposes and procedures of this act. The director and the chief engineer shall consider the advice of the Kansas water authority and stakeholders in the program area, in the preparation of any rules and regulations adopted pursuant to this subsection.
(d) Any holder of an eligible water right aggrieved by a decision of the Kansas water office under this act by being excluded as a member in the program may appeal to the district court under K.S.A. 82a-724, and amendments thereto.
(e) Payments required under a contract between the district and the Kansas water office shall be for storage capacity contracted in a federal reservoir.
(f) Nothing in this act shall be deemed to authorize any suit against the state or any agency of the state or person employed by the state on or under a claim for implied contract, negligence or any other tort. The director of the Kansas water office may sue to enforce any claim arising out of a contract. Payment of the charges shall be a condition imposed on every member and the director is authorized to declare the suspension of any use of water supply access water where a payment is not made.
(g) Rights of members to receive access water may not be transferred without the approval of the Kansas water office.
History: L. 2011, ch. 89, § 10; July 1.
If any member of the district requests an opportunity to renegotiate any existing contracts for the purchase of water supply, as described in K.S.A. 82a-1301 et seq., and amendments thereto, the Kansas water authority and the Kansas water office shall conduct such negotiations on a timely basis and on the provisions for which negotiations are requested.
History: L. 2011, ch. 89, § 11; July 1.
(a) The chief engineer shall protect releases of water from the kanopolis reservoir for water supply access storage as may be necessary to effectuate the purposes of the releases made pursuant to this act and for the benefit of the district members for whom such releases are made.
(b) The Kansas water office shall communicate to the chief engineer the date and quantity of such release, the district member or members for whom such release is made and such other information as the chief engineer may request to insure protection of the release.
History: L. 2011, ch. 89, § 12; July 1.
Each member of the district shall adopt conservation plans and practices for such member. Such plans and practices shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office as provided in K.S.A. 74-2608, and amendments thereto. Prior to entering into a contract the district and the director of the Kansas water office, in consultation with the chief engineer, shall determine whether such plans and practices are consistent with the guidelines for conservation plans and practices adopted by the Kansas water office.
History: L. 2011, ch. 89, § 13; July 1.
(a) The Kansas water office is hereby authorized to issue and sell revenue bonds for the purpose of paying all or part of the cost of acquiring a site or sites, constructing, reconstructing, improving and expanding projects within the program area or to finance the purchase of storage in the reservoir using procedures established for issuing such bonds as described in K.S.A. 82a-1360 et seq., and amendments thereto.
(b) The district may negotiate to make annual payments over a period of not to exceed 20 years for any access storage water purchased under this act.
History: L. 2011, ch. 89, § 14; July 1.
If the district authorized pursuant to this act is not formed by December 31, 2020, the provisions of this act shall expire.
History: L. 2011, ch. 89, § 15; July 1.
There is hereby authorized the lower smoky hill special irrigation district for the purpose of participating in the lower smoky hill water supply access program. Such special irrigation district shall be a single member of the lower smoky hill water supply access district.
History: L. 2011, ch. 89, § 16; July 1.
(a) The lower smoky hill special irrigation district shall be formed upon petition by eligible irrigation water right holders to the director of the Kansas water office, demonstrating a need for and requesting purchase of 500 acre feet or more for water supply access storage for the proposed special irrigation district. The petition shall provide contact information for each person signing, information on the land proposed for membership in the district, information necessary for verification of the water rights held on the eligible land and the amount of water requested from kanopolis reservoir water supply access storage by each person so signing. The Kansas water office may request additional information from each person signing such petition.
(b) The director of the Kansas water office, in consultation with the chief engineer, shall verify the ownership of subject land within the proposed special irrigation district for the lands noted in the petition, the water rights held for subject land by each person so signing and other matters the Kansas water office may deem necessary. Upon verification of the eligibility of those signing such petition the director of the Kansas water office shall set a date, time and place for the first meeting of such district for the purposes of electing a governing board for the special irrigation district.
History: L. 2011, ch. 89, § 17; July 1.
(a) Membership of the special irrigation district shall consist of all landowners holding eligible irrigation water rights participating in the petition as described in K.S.A. 82a-2317, and amendments thereto. Additional interested eligible landowners with irrigation surface water rights within the program area may apply for membership in accordance with rules and procedures to be determined by the governing board as provided in K.S.A. 82a-2319, and amendments thereto.
(b) All qualified applicants for membership in the special irrigation district shall become members and shall be able to use water supply access storage under the rules and by-laws of the lower smoky hill water access supply district and the special irrigation district. All members shall be liable to the district and the special irrigation district for costs, fees, assessments and charges.
History: L. 2011, ch. 89, § 18; July 1.
(a) There shall be created a governing board of the special irrigation district. Such governing board shall have the authority to:
(1) Purchase, allocate, determine, charge fees and assessments for and allow the use, for the benefit of members of the special irrigation district, of water supply access storage;
(2) contract for real and personal, property;
(3) contract with employees and consultants; and
(4) buy, sell, lease, rent and purchase water supply access storage pursuant to the provisions of this act.
(b) The governing board of the special irrigation district shall:
(1) Designate one or more members, as described in the articles of incorporation of the lower smoky hill water supply access district, to serve on the governing board of the lower smoky hill water supply access district. Such member shall speak for the special irrigation district on matters before the directors of the lower smoky hill water supply access district;
(2) provide for a fee structure sufficient to pay for such water supply access storage and any additional costs as determined by the special irrigation district and set a fee schedule for all members of the special irrigation district; and
(3) create an agreement to be entered into with each person who desires to become a member of the special irrigation district, with the requirements for membership, duties, payment obligations, provisions for withdrawal or transfer of any single membership and any other matters as the governing board of the special irrigation district may deem necessary and prudent.
(c) In the event of extraordinary, special or emergency costs associated with membership in the district or special irrigation district, the governing board may assess additional costs to such members at a rate to be determined by the board, in any year. Notice of such assessment shall be provided to members by first class mail, postage prepaid by the special irrigation district.
History: L. 2011, ch. 89, § 19; July 1.
(a) All powers granted to the special irrigation district under the provisions of this act shall be exercised by an elected governing board. Such governing board shall consist of an odd number of no less than three and no more than nine directors. Elections for board members by the members of the special irrigation district shall be held at a meeting held each calendar year.
(b) At the initial election of the governing board, half of the board members of the special irrigation district, rounded down, shall be elected for a term of one year, and the remaining board members shall be elected for a term of two years. For each subsequent appointment, each board member shall be elected for a term of two years.
(c) The governing board of the special irrigation district, after being duly elected, shall elect from its number a president, vice-president, secretary, and treasurer. If the special irrigation district has three board members, such board shall elect one board member to hold the offices of both secretary and treasurer.
(d) Each member of the governing board of the special irrigation district shall continue in such position until a successor is elected and qualified. Members of such board shall have no term limits. Whenever the vacancy of a board member position occurs before the expiration of such board member's term, a successor shall be elected by such governing board to fill such vacancy for the unexpired term, except that such governing board may elect to call a special meeting of the membership for purposes of electing a board member to serve an unexpired term.
(e) The governing board of the special irrigation district shall meet no less than quarterly during any calendar year and shall meet upon call of the president as necessary to carry out its duties under this act.
(f) The governing board of the special irrigation district shall set an annual meeting for the district, and provide notice of the same to all members. At such annual meeting the membership may consider any matters such governing board may wish to present for consideration.
(g) A majority of the governing board of the special irrigation district shall constitute a quorum for the transaction of business. A majority of those board members present and voting shall determine all actions taken by such governing board.
History: L. 2011, ch. 89, § 20; July 1.
(a) The costs of the water supply access storage shall be paid from funds of the special irrigation district, and from any fees and assessments of members. In order to finance the operations of the special irrigation district, the governing board may assess an annual water use charge against every member. Such governing board shall base such charge upon the amount of water allocated for such member's use pursuant to that member's water right.
(b) Before any assessment is made or user charge imposed, the governing board shall submit the proposed budget for the ensuing year to the eligible voters of such district at a hearing to be held during the annual meeting. Following the hearing, the governing board shall, by resolution, adopt either the proposed budget or a modified budget and determine the amount of land assessment or user charge, or both, needed to support such budget.
(c) All dues, charges, fees and assessments against lands within the special irrigation district shall be certified to the proper county clerks and collected the same as other taxes in accordance with K.S.A. 79-1801, and amendments thereto, and the amount thereof shall attach to the real property involved as a lien in accordance with K.S.A. 79-1804, and amendments thereto. All moneys so collected shall be remitted by the county treasurer to the treasurer of the special district who shall deposit them to the credit of the general fund of the special irrigation district. The accounts of the special irrigation district shall be audited annually by a public accountant or certified public accountant.
History: L. 2011, ch. 89, § 21; July 1.
A fund shall be created by the special irrigation district for payment of the costs of water supply access storage. Any moneys received by such special irrigation district for charges, fees, assessments and sales of water shall be credited to such fund. Such fund shall be used solely to pay the costs related to acquiring water supply access storage and the operation of the special irrigation district.
History: L. 2011, ch. 89, § 22; July 1.
If the special irrigation district authorized pursuant to this act is not formed by December 31, 2020, the provisions of K.S.A. 82a-2315 through 82a-2322, and amendments thereto, shall expire.
History: L. 2011, ch. 89, § 23; July 1.
The Kansas water office shall adopt rules and regulations to implement the lower smoky hill water supply access program.
History: L. 2011, ch. 89, § 24; July 1.
This act shall be known and may be cited as the reservoir improvement district act.
History: L. 2012, ch. 97, § 1; July 1.
As used in this act, unless context otherwise requires:
(a) "Board" means the board of directors of a reservoir improvement district;
(b) "district" means a reservoir district for which organization is proposed or has been organized under the provisions of this act, and amendments thereto;
(c) "eligible water right holder" means any person:
(1) Holding a water right or permit, pursuant to K.S.A. 82a-701 et seq., and amendments thereto, to appropriate water from a reservoir;
(2) with a contract to withdraw and use water pursuant to K.S.A. 82a-1301 et seq., and amendments thereto; or
(3) with a water appropriation right in a water assurance district pursuant to K.S.A. 82a-1330 et seq., and amendments thereto;
(d) "general plan" means a preliminary engineering report describing the characteristics of the reservoir, the nature and methods of dealing with the bed and water problems in the reservoir or the reservoir watershed and the projects proposed to be undertaken by the district. It shall include maps, descriptions and any other data as may be necessary for the location, identification and establishment of the character of the work to be undertaken and any other data and information as the director of the Kansas water office may require;
(e) "person" means any person, firm, partnership, association or corporation;
(f) "specific project" means any project outlined and proposed by the board of directors and may constitute all or part of the general plan;
(g) "steering committee" means the group of eligible water right holders, not less than the number to be chosen for the board of directors, who shall serve as the governing body of the proposed reservoir improvement district until the first board of directors is elected;
(h) "water right" shall have the meaning provided in K.S.A. 82a-701, and amendments thereto; and
(i) "watershed" means all the area within the state draining toward a selected point on a reservoir.
History: L. 2012, ch. 97, § 2; July 1.
Before any reservoir improvement district is organized, a petition shall be filed in the office of the secretary of state, signed by the eligible water right holders who have water rights totaling more than 20% of the combined quantities of all eligible water rights within the proposed district as shown by a verified enumeration of the eligible water right holders and the total combined quantities of all eligible rights taken by the director of the Kansas water office. A verified copy of the enumeration shall be attached to and filed with the petition in the office of the secretary of state.
History: L. 2012, ch. 97, § 3; July 1.
(a) Every petition filed pursuant to K.S.A. 82a-2403, and amendments thereto, shall state:
(1) The name of the proposed district which shall include the name of the reservoir and end with the words "reservoir improvement district";
(2) a list of the water rights, by file number as recorded in the Kansas water office, to be included within the proposed district;
(3) a statement of the purposes for which the district is to be organized;
(4) a statement of the number of persons that will constitute the board of directors of the district, which shall be an odd number of not less than three nor more than five, together with the names and addresses of the persons who will constitute the original steering committee;
(5) any other matter deemed essential; and
(6) a request for the organization of the district as a nonprofit corporation.
(b) The petition shall be in substantially the following form:
BEFORE THE SECRETARY OF STATE OF THE STATE OF KANSAS
In the Matter of __________ Reservoir Improvement District
PETITION
Come now the undersigned persons and state that they own water rights or are an eligible water right holder in the_________________________ reservoir, for which a reservoir improvement district is proposed, and that each signer states that the signer's respective post office address is set forth beside the signer's name. That the purposes for which this district is organized are (state purposes). That a steering committee for the organization of the district is hereby fixed and constituted with five members; that the names of persons who will serve on the original steering committee, of which the first named shall be acting chairperson, and their respective addresses are as follows:
(List names and addresses.)
The governing body of the district shall be constituted in a board of directors composed of (number) qualified members.
Wherefore, the undersigned, individually and collectively, request that a reservoir improvement district be organized in the manner provided by law, for the purposes set forth herein, and that the secretary of state and the director of the Kansas water office proceed diligently in the performance of their duties so that the organization of this proposed district may be completed and approved at the earliest possible time.
Submitted to the secretary of state this ______ day of __________, ____.
History: L. 2012, ch. 97, § 4; July 1.
A copy of the full petition, as required by K.S.A. 82a-2403, and amendments thereto, shall be circulated among the eligible water right holders of the proposed district. All counterparts shall be filed with the secretary of state at the same time and shall be received and treated by the secretary as a single petition. The secretary of state shall determine the sufficiency or insufficiency of the petition on the basis of the information as to the number and qualification of signers as shown by the verified enumeration filed with the petition. The secretary of state shall endorse the findings and the date thereof on the face of the petition and shall notify in writing the person designated in the petition as the acting chairperson of the steering committee of the findings.
History: L. 2012, ch. 97, § 5; July 1.
(a) If the secretary of state finds the petition, as required by K.S.A. 82a-2403, and amendments thereto, to be sufficient as to form and the number and qualifications of the petitioners, the secretary of state shall prepare a certified copy of the petition and transmit the same to the director of the Kansas water office within five days from the date of such finding. Upon receipt of such certified copy, the director of the Kansas water office shall institute an investigation of the proposed district, its water usage and purposes. Within 90 days after receipt of the copy, the director of the Kansas water office shall transmit a written report of the findings on the petition and the director's written approval or disapproval of the petition to the secretary of state and the acting chairperson of the steering committee named in the petition.
(b) The director of the Kansas water office shall approve such petition if the director finds that construction of works of improvement on the reservoir for which the district is proposed would benefit the sustainability, conservation and maintenance of such reservoir.
If the director of the Kansas water office approves such petition, the director shall transmit a certified copy of the report containing all findings to the secretary of state and to the chairperson of the steering committee named in the petition.
History: L. 2012, ch. 97, § 6; July 1.
(a) Within 10 days after receipt of a certified copy of the report from the director of the Kansas water office approving the petition or the petition as amended, the chairperson of the steering committee of the proposed district shall call a meeting of the committee by mailing a written notice fixing the time and place of such meeting to each eligible water right holder in the proposed district. The committee shall meet at the time and place fixed in the notice for the purpose of adopting a resolution giving notice of an election at which all eligible water right holders shall be entitled to vote on the question of whether the district should be formed in accordance with the petition as approved by the director. A copy of such resolution shall be mailed to all eligible water right holders of the proposed district not less than 21 days prior to such vote. The resolution shall state when and where the election shall be held and the proposition to be voted on. It shall contain a copy of the petition as approved by the director and shall be signed by the chairperson and attested by the secretary of the steering committee. The steering committee shall conduct the election, canvass the vote and certify the results to the secretary of state and to the director of the Kansas water office.
(b) If eligible water right holders representing more than 50% of the combined quantities of the eligible water rights of the proposed district vote in favor of the organization and creation of the district, the secretary of state shall issue a certificate of incorporation for the district to the steering committee, such certificate shall be filed in the office of the register of deeds of each county in which all or a portion of the district lies. Upon the recordation of the certificate of incorporation, the district shall be authorized to function in accordance with the provision of this act and its certificate of incorporation.
(c) If eligible water right holders representing more than 50% of the combined quantities of the water rights within the proposed district vote against the organization and creation of the district, the secretary of state shall endorse that fact on the face of the petition and the proceedings shall be closed.
(d) No action attacking the legal incorporation of any reservoir improvement district organized under this section shall be maintained unless filed within 90 days after the issuance of the certificate of incorporation for such district by the secretary of state, nor shall the alleged illegality of the incorporation of any such district be interposed as a defense to any action brought after such time.
History: L. 2012, ch. 97, § 7; July 1.
If the organization of the proposed reservoir improvement district is defeated at the election or if the petition is disapproved by the director of the Kansas water office, the steering committee named in the petition shall determine the amount of money necessary to pay all of the costs and expenses incurred in the preparation and filing of the petition, and in the conduct of the election and the steering committee shall assume the obligation for the payment of such costs and expenses by assessing the eligible water right holders a fee in proportion to each such holder's water right to the total of such water right. No cost shall be assessed by any state agency.
History: L. 2012, ch. 97, § 8; July 1.
All powers granted to reservoir improvement districts incorporated under the provisions of this act shall be exercised by a board of directors which shall be composed of an odd number of directors not less than three nor more than five as specified in the petition for creation of the district. Each director shall serve for a term of three years, and until a successor is elected and qualified, except that as nearly as possible ⅓ of the original board members designated in the petition for organization of the district shall serve for a term of one year, ⅓ for a term of two years and ⅓ for a term of three years. Such directors shall serve without compensation, but shall be allowed actual and necessary expenses incurred in the performance of their official duties.
History: L. 2012, ch. 97, § 9; July 1.
(a) Within not more than 90 days after the recording of the certificate of incorporation, a meeting open to all eligible water right holders of the district shall be held by the steering committee for the election of the initial board of directors of the district. A notice of the meeting shall be mailed to all eligible water right holders by the steering committee at least 10 days prior to the date thereof.
(b) Each eligible water right holder shall have one vote and one additional vote for every 10% of the combined quantities of all water rights within the district. Each eligible water right holder in the district shall be entitled to vote for as many candidates as the number of directors that are to be elected.
(c) The candidates receiving the greatest number of votes cast shall respectively be declared elected. The board of directors, after being duly elected, shall elect from its number a president, vice-president, secretary and a treasurer. In districts having only three directors, the board shall elect one director to hold the offices of secretary and treasurer.
(d) A majority of the directors shall constitute a quorum for the transaction of business and a majority of those voting shall determine all actions taken by the board. In the absence of any of the duly elected officers, those directors present at any meeting may select a director to act as an officer pro tem.
(e) The elected board shall fill any vacancy occurring on the board prior to the expiration of the term of any director by selecting a replacement from among the eligible water right holders of the district to serve for the unexpired term.
History: L. 2012, ch. 97, § 10; July 1.
(a) In not less than 12 months, nor more than 13 months after the recording of the certificates of incorporation, and annually thereafter, a meeting shall be held for the election of directors whose terms expire and also to render a report on the financial condition and activities of the district, including the estimated construction date of all proposed projects to be initiated within the next five years and the board's determination as to whether each of these projects is still cost effective and in the current public interest. Notice of the annual meeting shall be given at least 10 days prior to the date thereof to all members in the district.
(b) The number of directors of a district or the date of the annual meeting, or both, may be changed at an annual meeting if notice of the proposed changes is included in the notice for the annual meeting at which such changes are to be considered.
(c) Copies of the minutes of the annual meeting and report on the financial condition and activities of the district shall be furnished to the eligible water right holders of the district and the Kansas water office.
History: L. 2012, ch. 97, § 11; July 1.
Regular meetings of the board of directors shall be held no less than once each quarter on a day and place as is selected by the board of directors. Notice of such meeting shall be mailed to each director at least five days before the date of the meeting. Special meetings may be held at any time upon waiver of notice of such meeting by all directors or may be called by any two directors at any time. Notice in writing, signed by the persons calling any special meeting, shall be mailed to each director at least two days prior to the time fixed for such special meeting. A majority of directors shall constitute a quorum for the transaction of business and in the absence of any of the duly elected officers of the district a quorum at any meeting may select a director to act as such officer pro tem. Each meeting of the board, whether regular or special, shall be open to the public. Copies of the minutes of regular and special meetings shall be furnished to the eligible water right holders of the district and the Kansas water office.
History: L. 2012, ch. 97, § 12; July 1.
Each reservoir improvement district incorporated under the provisions of this act shall be a body politic and corporate and shall have the power to:
(a) Adopt a seal;
(b) sue and be sued by its corporate name;
(c) purchase, hold, sell and convey real and personal property and to execute such contracts as the board of directors deems necessary or convenient to enable it to carry out the purpose for which organized;
(d) construct, improve, maintain or operate works of improvement including such works necessary for the sustainability of reservoirs, including the conservation and maintenance of water for domestic, municipal, agricultural or industrial use;
(e) employ such professional, technical and clerical services and other assistance as deemed necessary by the board of directors;
(f) acquire real or personal property by gift;
(g) impose charges and incur indebtedness within the limitations prescribed by this act;
(h) cooperate and contract with:
(1) Persons, firms, associations, partnerships and private corporations;
(2) other reservoir improvement districts, watershed districts, drainage districts, cities of classes of this state;
(3) other local, state and federal governmental agencies; or
(4) drainage districts, watershed districts or other public corporations organized for similar purposes in any adjoining state;
(i) dissolve the district as provided for in this act;
(j) select a residence or home office for the reservoir improvement district, which shall be at a place in a county where the reservoir or any part of the reservoir is located; and
(k) take any other action necessary to achieve the purposes of the reservoir improvement district.
History: L. 2012, ch. 97, § 13; July 1.
(a) Upon the incorporation of the reservoir improvement district, the board shall cause work to be commenced on the preparation of a general plan of the district. In addition, there shall be prepared an estimate of costs as to installation, maintenance and operation of the proposed improvements. Upon completion of the general plan and estimates of costs, the board shall carefully examine and consider such plan. If they approve the general plan and estimate of cost, they shall transmit a complete copy of the general plan to the director of the Kansas water office and additional copies shall be made available upon request by the director of the Kansas water office. Copies of such plans, estimates and information in the Kansas water office shall be open to inspection by the public at all reasonable times.
(b) The director of the Kansas water office shall examine and study such general plans as to:
(1) Feasibility;
(2) coordination of the plan with any other plan for the reservoir for which the district is formed;
(3) the safety of the works and improvements proposed; and
(4) conformity with the intents and purposes of this act.
(c) The director of the Kansas water office shall transmit a written report of the results of such study and investigation to the board of directors, which shall include any changes or modifications which have been deemed necessary and which shall include a specific approval or disapproval of the general plan.
History: L. 2012, ch. 97, § 14; July 1.
(a) When the general plan is approved by the director of the Kansas water office, the board shall propose by resolution, that the cost to the district of all improvements contemplated in the plan be paid by imposing a charge against each eligible water right holder of the district in proportion to each such holder's water right. The total of such charges shall be sufficient to enable the district to pay the cost of administering the general plan. The reservoir improvement district also may impose a charge against each eligible water right holder of the district in an amount sufficient to cover district operating costs. Charges paid by eligible water right holders of a reservoir improvement district may vary and shall be based on the principle of having each eligible water right holder pay for the pro rata quantity of water used from the reservoir. In determining the charge, the governing body of the district shall adopt rules which establish guidelines for prospective eligible water right holders.
(b) The board shall fix a time and place conveniently near the reservoir for a public hearing upon the general plan and the resolution proposing a method of financing costs of the works contemplated in the plan. A notice of such hearing shall be given in one publication at least 20 days prior to the date fixed for the hearing, setting forth the time and place of hearing upon the plan and resolution, that a copy of the plan and resolution is available for public inspection in the office of the secretary of the district. Any eligible water right holder of the district desiring to be heard in the matter must file, in duplicate, with the secretary of the board at the secretary's office, at least five days before the date of the hearing, a written statement of such holder's intent to appear at the hearing and the substance of the views they wish to express. Upon receipt of any such statements, the secretary of the board shall immediately transmit one copy of the statements to the director of the Kansas water office. The director of the Kansas water office or the director of the Kansas water office's duly appointed representative may attend the hearing. At the hearing any eligible water right holder of the district who has filed a written statement shall be heard and may present information in support of the eligible water right holder's position in the matter. After hearing all such statements, the board, by resolution, shall adopt as official or reject the general plan. The board shall also adopt as official or reject the proposed method of financing the costs of the works contemplated in the general plan or determine that the general plan or the proposed method of financing or both should be modified. The board shall notify the director of the Kansas water office of the board's action to accept or reject the general plan and proposed method of financing. If it is determined that the general plan should be modified, any proposed changes approved by the board shall be incorporated in a modified general plan which shall be submitted to the director of the Kansas water office for further consideration.
(c) The director of the Kansas water office shall review the modified plan and shall transmit a supplemental written report of the results of the director's study and investigation to the board, including the director of the Kansas water office's written approval or disapproval of the modified general plan. If the modified general plan is approved by the director of the Kansas water office, the board, by resolution, shall adopt the modified plan as the official general plan of the district and notify the director of the Kansas water office of the board's action. If it is determined that the proposed method of financing should be modified, the board shall give consideration to the modified method of financing and, following adoption of the general plan or an approved modification thereof, the board, by further resolution setting forth such modified method of financing, shall adopt it as the official method of the district for financing costs of the works contemplated in the official general plan. If a board is unable to carry out a general plan because insufficient funds have been provided, they may reconsider the general plan or the method of financing, or both, and by following the procedure set forth in subsections (a) and (b), resubmit a general plan or method of financing, or both.
History: L. 2012, ch. 97, § 15; July 1.
(a) Following the adoption of the general plan and adoption of the method of financing, the board of directors may determine the order in which specific projects contemplated by the general plan shall be undertaken. The board shall then cause accurate surveys of all work deemed necessary to be done and accurate estimates and calculations to be made by a competent engineer who shall prepare detailed construction plans and specifications showing the location, amount, and character of work to be done and the estimated cost of right of way, construction, maintenance and operation, which plans, specifications and estimates of costs shall be filed in the office of the secretary of the board and shall at all reasonable times be open to public inspection. The board shall carefully examine and consider the same and if they approve such plans, specifications and estimates of costs, they shall transmit a complete copy thereof to the director of the Kansas water office, who shall examine and study the plans and specifications as to conformance to the general plan and other applicable state laws on water use and control and transmit a written report of the results of the director's study and investigation to the board which report shall include any changes or modifications, which the director deems necessary, and which shall include a specific approval or disapproval of the plans and specifications.
(b) Ten years following approval of the general plan and every five years thereafter, the board shall review the general plan to determine if projects proposed to be undertaken by the district in its original plan are still feasible. A report of the review shall be given at a public meeting called for that purpose. This review is not required of reservoir improvement districts that have completed all the projects in the general plans.
Any revisions or amendments to the general plan shall be submitted to the director of the Kansas water office in the manner provided by K.S.A. 82a-2414, and amendments thereto.
History: L. 2012, ch. 97, § 16; July 1.
This act shall be deemed to be supplemental to existing laws relating to watershed districts, drainage districts, flood control, irrigation, soil conservation and related matters.
History: L. 2012, ch. 97, § 17; July 1.
(a) The board of directors of any reservoir improvement district, by resolution, may dissolve such district if such district has been incorporated under the provisions of this section for more than eight years and has not:
(1) Adopted a general plan of work and projects to be undertaken by the district;
(2) constructed or contracted to construct any works of improvement; or
(3) incurred any continuing obligations for maintenance of any works of improvement.
(b) The board of directors of any reservoir improvement district, by resolution, may dissolve such district if such district has been incorporated under the provisions of this section for more than four years and has not made substantial progress toward a general plan or work and projects to be undertaken by the district.
(c) A resolution to dissolve a reservoir improvement district shall be adopted by a ⅔ vote of all members of the board that are present and voting, but in no event less than a majority of all board members at a special meeting called for the purpose of dissolving the district.
(d) Notice of the special meeting to dissolve the district shall specify the purpose for which the meeting is to be called, provide for the calling of an election of eligible water right holders for the purpose of determining whether such district shall be dissolved. The board shall provide for the calling of such an election if written petitions signed by 20% of eligible water right holders in the district, as shown by a verified enumeration of such water rights are filed with the secretary of the board.
(e) The election to determine whether the district shall be dissolved shall be held and conducted in the same manner as provided by K.S.A. 82a-2407, and amendments thereto, insofar as such provisions can be made applicable. If a majority of those voting on the proposition voted in favor of dissolution of the district, the board shall immediately certify the results of such election to the secretary of state, and the secretary of state thereupon shall issue and deliver to the secretary of such board a certificate of dissolution.
History: L. 2012, ch. 97, § 18; July 1.
(a) Upon receipt from the secretary of state of the certificate of dissolution of the reservoir improvement district under the provisions of this act, the secretary of the board of directors of the reservoir improvement district shall notify the directors of the reservoir improvement district of such certification.
(b) The directors shall immediately pay all obligations of said district, including all costs incurred by the district, the director of the Kansas water office and the secretary of state in regard to the dissolution proceedings.
(c) Upon receipt of such notification from the state treasurer, the secretary of the district shall have the certificate of dissolution published once in a newspaper of general circulation, located in a county where the reservoir or a part thereof is located and proof of such publication shall be filed with the secretary of state's office. The effective date of the dissolution, unless otherwise provided, shall be the date on which the proof of publication is filed in the office of the secretary of state, but in no event shall the date of dissolution be a date prior to the date of publication of the certificate of dissolution.
History: L. 2012, ch. 97, § 19; July 1.
Any funds of a reservoir improvement district which is totally disorganized and dissolved under the provisions of this act shall be apportioned and paid back to the eligible water right holders in the same proportion as used in assessing fees. The reservoir improvement district treasurer, upon notification of receipt of a certificate of dissolution, shall immediately pay the amounts due each eligible water right holder, as such eligible water right holder may be entitled to receive.
History: L. 2012, ch. 97, § 20; July 1.
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