Creating the Kansas office of natural resources within the executive branch and transferring certain duties of the Kansas water office, and the department of agriculture, division of conservation and division of water resources to such office.

Session of 2025
HOUSE BILL No. 2345
By Committee on Water
Requested by Representative Vaughn
2-7
AN ACT concerning natural resources; creating the Kansas office of
natural resources within the executive branch of government;
establishing the division of water resources, division of conservation
and division of water policy and planning therein; transferring certain
powers, duties and functions; abolishing the Kansas water office, the
Kansas department of agriculture, division of conservation and the
Kansas department of agriculture, division of water resources; updating
statutory references thereof; amending K.S.A. 2-1903, 2-1904, 2-1907,
2-1915, 2-1930, 2-1933, 12-541, 12-636, 12-761, 12-766, 12-2713, 19-
2963, 24-407, 24-418, 24-656, 24-659, 24-1202, 24-1204, 24-1211, 24-
1212, 42-701, 42-703, 42-722, 42-722a, 42-725, 68-1414, 68-2203, 74-
506b, 74-5,121, 74-2608, 74-2609, 74-99f04, 82a-301, 82a-301a, 82a-
303a, 82a-328, 82a-405, 82a-603, 82a-612, 82a-701, 82a-711, 82a-718,
82a-724, 82a-731, 82a-732, 82a-733, 82a-737, 82a-739, 82a-762, 82a-
767, 82a-770, 82a-771, 82a-773, 82a-902, 82a-905, 82a-906, 82a-907,
82a-910, 82a-911, 82a-915, 82a-920, 82a-922, 82a-923, 82a-932, 82a-
933, 82a-934, 82a-954, 82a-1021, 82a-1023, 82a-1042, 82a-1301, 82a-
1303, 82a-1311a, 82a-1315b, 82a-1315c, 82a-1332, 82a-1333, 82a-
1335, 82a-1345, 82a-1347, 82a-1348, 82a-1349, 82a-1360, 82a-1361,
82a-1362, 82a-1363, 82a-1364, 82a-1367, 82a-1368, 82a-1370, 82a-
1402, 82a-1502, 82a-1604, 82a-1605, 82a-1606, 82a-1608, 82a-1609,
82a-1703, 82a-1704, 82a-1803, 82a-1804, 82a-1805, 82a-1904, 82a-
1905, 82a-1906, 82a-2007, 82a-2101, 82a-2302, 82a-2303, 82a-2304,
82a-2305, 82a-2310, 82a-2311, 82a-2312, 82a-2313, 82a-2314, 82a-
2317, 82a-2324, 82a-2402, 82a-2403, 82a-2404, 82a-2406, 82a-2407,
82a-2408, 82a-2411, 82a-2412, 82a-2414, 82a-2415, 82a-2416 and
82a-2419 and K.S.A. 2024 Supp. 32-1403, 49-603, 49-606, 49-611, 49-
613, 49-618, 49-620, 49-621, 49-623, 55-153, 74-2622, 75-3036, 75-
37,121, 75-5133, 82a-220, 82a-326, 82a-708b, 82a-714, 82a-736, 82a-
903, 82a-1038, 82a-1041, 82a-1501, 82a-1602, 82a-1603, 82a-1607
and 82a-1702 and repealing the existing sections; also repealing K.S.A.
74-506a, 74-5,126, 74-5,127, 74-5,128, 74-5,129, 74-5,130, 74-5,131,
74-5,132, 74-5,132a, 74-2613, 82a-738 and 82a-1901.
Be it enacted by the Legislature of the State of Kansas:
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New Section 1. (a) There is hereby established within the executive
branch of government the Kansas office of natural resources.
(b) The Kansas governmental operations accountability law shall
apply to the Kansas office of natural resources. The office shall be subject
to audit, review and evaluation under such law.
New Sec. 2. (a) (1) The Kansas office of natural resources shall be
administered under the direction of an executive director. The executive
director shall be appointed by the governor with the consent of the senate
as provided in K.S.A. 75-4315b, and amendments thereto. Except as
provided by K.S.A. 46-2601, and amendments thereto, no person
appointed as executive director shall exercise any power, duty or function
as executive director until confirmed by the senate.
(2) The executive director shall be in the unclassified service under
the Kansas civil service act and receive an annual salary to be fixed by the
governor. The executive director shall serve at the pleasure of the
governor.
(3) The executive director shall maintain an office in Topeka, Kansas,
and may maintain offices and facilities in other locations of the state to
carry out the functions of the office.
(b) Subject to this act, the executive director may organize the Kansas
office of natural resources in the manner that the executive director deems
most efficient. The executive director may establish policies governing the
transaction of the business of the office and the administration of each
division within the office. The director of each division of the office shall
perform such duties and exercise such powers as the executive director
may prescribe and such duties and powers as are prescribed by law. Such
directors shall act for and exercise the powers of the executive director to
the extent that authority to do so is delegated by the executive director.
(c) (1) The executive director shall have the legal custody of all
records, memoranda, writings, entries, prints or representations, or
combination thereof, of any act, transaction, occurrence or event of the
Kansas office of natural resources and any agency, division or office
abolished or transferred under this act.
(2) No suit, action or other proceedings, judicial or administrative,
lawfully commenced, or that could have been commenced by or against
any state agency mentioned in this act, or by or against any officer of the
state in such officer's capacity or in relation to the discharge of such
officer's duties, shall abate by reason of the governmental reorganization
effected under this act. The court may allow any such suit, action or other
proceeding to be maintained by or against the successor of any such state
agency or any officer affected.
(3) No criminal action commenced or that could have been
commenced by the state shall abate by this act.
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HB 2345 3
(d) The executive director of natural resources shall have the power
to:
(1) Adopt rules and regulations necessary to implement, administer
and enforce the powers and duties transferred by sections 3 and 4, and
amendments thereto, and to administer the Kansas office of natural
resources and the duties of the executive director;
(2) appoint employees for the office of the executive director as
necessary to enable the executive director to carry out the duties of the
office. Such employees shall be within the unclassified service under the
Kansas civil service act and subject to assignment and reassignment of
duty within the office as may be determined by the executive director;
(3) enter into such contracts and agreements as necessary or
incidental to the performance of the powers and duties of the executive
director;
(4) designate an official seal and alter such official seal at the
executive director's pleasure;
(5) sue, be sued, plead and be impleaded in the name of the office;
(6) charge and collect, by order, a fee necessary for the administration
and processing of paper documents, including, but not limited to,
applications, registrations, permits, licenses, certifications, renewals,
reports and remittance of fees that are necessary or incidental to the
execution of the laws relating to the Kansas office of natural resources.
Such fee shall be in addition to any fee that the executive director is
authorized to charge by law and may be up to 6% of such applicable fee
amount, except that such fee shall not exceed 40% and shall only be
charged when an electronic system for processing documents exists; and
(7) do such other acts as necessary and proper to carry out the
purposes of the water and natural resources laws of this state and better
protect, conserve, control, use, increase, develop and provide for the
enjoyment of the water and natural resources of this state.
New Sec. 3. (a) (1) The division of water policy and planning is
hereby created within the Kansas office of natural resources.
(2) The Kansas water office and the office of the director of the
Kansas water office established pursuant to K.S.A. 74-2613, prior to its
repeal, are hereby abolished. All of the powers, duties and functions of the
Kansas water office are hereby transferred to the Kansas office of natural
resources, division of water policy and planning. All of the powers, duties
and functions of the director of the Kansas water office are hereby
transferred to the director of the division of water policy and planning.
(3) Whenever the Kansas water office, or words of like effect, is
referred to or designated by any statute, rule and regulation, contract or
any other document, including any statute, rule and regulation, contract or
any document created pursuant to the authorities transferred by this
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HB 2345 4
section, such reference or designation shall apply to the division of water
policy and planning.
(4) On July 1, 2026, officers and employees who, immediately prior
to such date, were engaged in the performance of powers, duties or
functions that are transferred pursuant to this section and who, in the
opinion of the executive director of natural resources, are necessary to
perform the powers, duties and functions of the Kansas office of natural
resources, division of water policy and planning shall be transferred to and
become officers and employees of such office. Such officers and
employees shall retain all retirement benefits and all rights of civil service
that had accrued or vested in such officers and employees prior to July 1,
2026.
(5) (A) On and after July 1, 2026, when any conflict arises as to the
disposition of any power, duty or function or the unexpected balance of
any appropriation as a result of any transfer made by this section or under
the authority of this section, such conflict shall be resolved by the
governor, and the decision of the governor shall be final.
(B) In all cases under this section where part or all of the powers,
duties and functions of any state agency are divided between the division
of water policy and planning and any other state agency, the division of
water policy and planning shall succeed to all property and records that
were used for or pertain to the performance of the powers, duties and
functions transferred to the division of water policy and planning. Any
conflict as to the proper disposition of property or records arising under
this section, and resulting from the transfer, attachment or abolition of any
state agency, or all or part of the powers, duties and functions thereof, shall
be determined by the governor, and the decision of the governor shall be
final.
(6) (A) On July 1, 2026, the balance of all funds appropriated and
reappropriated to the Kansas water office is hereby transferred to the
division of water policy and planning and shall be used only for the
purposes for which the appropriation was originally made.
(B) On July 1, 2026, liability for all accrued compensation or salaries
of officers and employees who, immediately prior to such date, were
engaged in the performance of powers, duties or functions or any state
agency or office abolished or transferred by this section shall be assumed
and paid by the Kansas office of natural resources.
(b) (1) The Kansas office of natural resources, division of water
policy and planning shall be administered by a director of the division of
water policy and planning, who shall be in the unclassified service under
the Kansas civil service act. The director of the division of water policy
and planning shall be appointed by the executive director of natural
resources and shall serve at the pleasure of the executive director.
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HB 2345 5
(2) The director of the division of water policy and planning created
by this section shall be the successor in every way to the same powers,
duties and functions that were vested in the director of the Kansas water
office prior to July 1, 2026, except as provided in paragraph (4) and
section 2, and amendments thereto. Every act performed under the
authority of the director of the division of water policy and planning
created by this section shall be deemed to have the same force and effect
as if performed by the Kansas water office or the director of the Kansas
water office prior to July 1, 2026, except as provided in paragraph (4) and
section 2, and amendments thereto.
(3) Whenever the director of the Kansas water office, or words of like
effect, is referred to or designated by any statute, rule and regulation,
contract or any other document, including any statute, rule and regulation,
contract or other document created pursuant to the authorities transferred
by this section, such reference or designation shall apply to the director of
the division of water policy and planning.
(4) (A) All rules and regulations of the Kansas water office or the
director of the Kansas water office in existence on July 1, 2026, shall
continue to be effective and shall be duly adopted rules and regulations of
the executive director of natural resources until revised, amended, revoked
or nullified pursuant to law.
(B) All powers of the Kansas water office or the director of the
Kansas water office to adopt rules and regulations by law shall transfer to
the executive director of natural resources.
(5) All orders or directives of the director of the Kansas water office
in existence on July 1, 2026, shall continue to be effective and shall be the
orders or directives of the director of the division of water policy and
planning until revised, amended, repealed or nullified pursuant to law.
(6) On July 1, 2026, the director of the division of water policy and
planning shall succeed to whatever right, title or interest that the Kansas
water office acquired in any real property in this state, and the director
shall hold such right, title or interest for and in the name of the state of
Kansas. On and after July 1, 2026, whenever any statute, contract, deed or
other document concerns the power or authority of the Kansas water office
to acquire, hold or dispose of real property or any interest therein, the
director of the division of water policy and planning shall succeed to such
power or authority.
(c) The powers, duties and functions transferred by this section
include, but are not limited to, responsibilities concerning:
(1) The development and implementation of the state water plan,
K.S.A. 74-2608 et seq. and 82a-901 et seq., and amendments thereto;
(2) drought monitoring and response, K.S.A. 74-2608, and
amendments thereto;
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HB 2345 6
(3) municipal water, K.S.A. 74-2608, and amendments thereto;
(4) conservation plans, K.S.A. 74-2608, and amendments thereto;
(5) reservoir operations, K.S.A. 74-2609, and amendments thereto;
(6) the Kansas water authority, K.S.A. 74-2622, and amendments
thereto;
(7) the coordination of streambank projects, K.S.A. 82a-1101 et seq.,
and amendments thereto;
(8) the water marketing fund, K.S.A. 82a-1315c et seq., and
amendments thereto;
(9) the state water plan storage act, K.S.A. 82a-1301 et seq., and
amendments thereto;
(10) the water assurance program act, K.S.A. 82a-1330 et seq., and
amendments thereto;
(11) the financing of large reservoir projects, K.S.A. 82a-1360 et seq.,
and amendments thereto;
(12) the Kansas weather modification act, K.S.A. 82a-1401, et seq.,
and amendments thereto;
(13) the water transfer act, K.S.A. 82a-1501 et seq., and amendments
thereto;
(14) the multipurpose small lakes program act, K.S.A. 82a-1601 et
seq., and amendments thereto;
(15) water litigation and the associated funds, K.S.A. 82a-1801 et
seq., and amendments thereto;
(16) the clean drinking water fee, K.S.A. 82a-2101, and amendments
thereto;
(17) the lower smoky hill water supply access program, K.S.A. 82a-
2301 et seq., and amendments thereto; and
(18) the reservoir improvement district act, K.S.A. 82a-2401, and
amendments thereto.
New Sec. 4. (a) (1) The division of conservation is hereby created
within the Kansas office of natural resources.
(2) The Kansas department of agriculture, division of conservation
and the office of the executive director of the division of conservation
established pursuant to K.S.A. 74-5,126, prior to its repeal, are hereby
abolished. All of the powers, duties and functions of the Kansas
department of agriculture, division of conservation are hereby transferred
to the division of conservation. All of the powers, duties and functions of
the executive director of conservation are hereby transferred to the director
of the division of conservation.
(3) Whenever the Kansas department of agriculture, division of
conservation, or words of like effect, is referred to or designated by any
statute, rule and regulation, contract or any other document, including any
statute, rule and regulation, contract or any document created pursuant to
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HB 2345 7
the authorities transferred by this section, such reference or designation
shall apply to the division of conservation.
(4) On July 1, 2026, officers and employees who, immediately prior
to such date, were engaged in the performance of powers, duties or
functions that are transferred pursuant to this section and who, in the
opinion of the executive director of natural resources, are necessary to
perform the powers, duties and functions of the Kansas office of natural
resources, division of conservation shall be transferred to, and shall
become officers and employees of such office. Such officers and
employees shall retain all retirement benefits and all rights of civil service
that had accrued or vested in such officers and employees prior to July 1,
2026.
(5) (A) On and after July 1, 2026, when any conflict arises as to the
disposition of any power, duty or function or the unexpended balance of
any appropriation as a result of any transfer made by this section, or under
the authority of this section, such conflict shall be resolved by the
governor, and the decision of the governor shall be final.
(B) In all cases under this section where part or all of the powers,
duties and functions of any state agency are divided between the division
of conservation and any other state agency, the division of conservation
shall succeed to all property and records that were used for or pertain to
the performance of the powers, duties and functions transferred to the
division of conservation. Any conflict as to the proper disposition of
property or records arising under this section, and resulting from the
transfer, attachment or abolition of any state agency, or all or part of the
powers, duties and functions thereof, shall be determined by the governor,
and the decision of the governor shall be final.
(6) (A) On July 1, 2026, the balance of all funds appropriated and
reappropriated to the Kansas department of agriculture, division of
conservation is hereby transferred to the Kansas office of natural
resources, division of conservation and shall be used only for the purposes
for which the appropriation was originally made.
(B) On July 1, 2026, liability for all accrued compensation or salaries
of officers and employees who, immediately prior to such date, were
engaged in the performance of powers, duties or functions of any state
agency or office abolished or transferred by this section shall be assumed
and paid by the Kansas office of natural resources.
(b) (1) The Kansas office of natural resources, division of
conservation shall be administered by a director of the division of
conservation, who shall be in the unclassified service under the Kansas
civil service act. The director of the division of conservation shall be
jointly appointed by the executive director of natural resources and the
state conservation commission. The director shall serve at the pleasure of
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HB 2345 8
the executive director.
(2) The director of the division of conservation created by this section
shall be the successor in every way to the same powers, duties and
functions that were vested in the executive director of the Kansas
department of agriculture, division of conservation prior to July 1, 2026,
except as provided in paragraph (4) and section 2, and amendments
thereto. Every act performed under the authority of the director of the
division of conservation created by this section shall be deemed to have
the same force and effect as if performed by the Kansas department of
agriculture, division of conservation or the executive director of the
Kansas department of agriculture, division of conservation prior to July 1,
2026, except as provided in paragraph (4) and section 2, and amendments
thereto.
(3) Whenever the executive director of the Kansas department of
agriculture, division of conservation, or words of like effect, is referred to
or designated by any statute, rule and regulation, contract or any other
document, including any statute, rule and regulation, contract or other
document created pursuant to the authorities transferred by this section,
such reference or designation shall apply to the director of the division of
conservation.
(4) (A) All rules and regulations of the Kansas department of
agriculture, division of conservation or the executive director of the
Kansas department of agriculture, division of conservation in existence on
July 1, 2026, shall continue to be effective and shall be duly adopted rules
and regulations of the executive director of natural resources until revised,
amended, revoked or nullified pursuant to law.
(B) All powers of the Kansas department of agriculture, division of
conservation or the director of the Kansas department of agriculture,
division of conservation to adopt rules and regulations by law shall
transfer to the executive director of natural resources.
(5) All orders or directives of the executive director of the Kansas
department of agriculture, division of conservation in existence on July 1,
2026, shall continue to be effective and shall be the orders or directives of
the executive director of the Kansas office of natural resources or director
of the division of conservation until revised, amended, repealed or
nullified pursuant to law.
(6) On July 1, 2026, the director of the Kansas office of natural
resources, division of conservation shall succeed to whatever right, title or
interest the Kansas department of agriculture, division of conservation
acquired in any real property in this state, and the director shall hold such
right, title or interest for and in the name of the state of Kansas. On and
after July 1, 2026, whenever any statute, contract deed or other document
concerns the power or authority of the Kansas department of agriculture,
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HB 2345 9
division of conservation to acquire, hold or dispose of real property or any
interest therein, the director of the division of conservation shall succeed
to such power or authority.
(c) The powers, duties and functions transferred by this section
include, but are not limited to, responsibilities concerning:
(1) The multipurpose small lakes program act, K.S.A. 82a-1601, and
amendments thereto;
(2) water development projects, K.S.A. 82a-1701 et seq., and
amendments thereto;
(3) conservation district management pursuant to the conservation
districts law in K.S.A. 2-1901 et seq., and amendments thereto; and
(4) the state conservation commission established by K.S.A. 2-1904,
and amendments thereto, and continued in existence by K.S.A. 74-5,128,
prior to its repeal, and section 6, and amendments thereto.
New Sec. 5. (a) (1) The division of water resources is hereby created
within the Kansas office of natural resources.
(2) The Kansas department of agriculture, division of water resources
established pursuant to K.S.A. 74-506a, prior to its repeal, and the office
of the chief engineer of the division of water resources established
pursuant to K.S.A. 74-506d, prior to its repeal, are hereby abolished. All of
the powers, duties and functions of the Kansas department of agriculture,
division of water resources are hereby transferred to the Kansas office of
natural resources, division of water resources. All of the powers, duties
and functions of the chief engineer of the Kansas department of
agriculture, division of water resources is hereby transferred to the chief
engineer of the Kansas office of natural resources, division of water
resources.
(3) Whenever the Kansas department of agriculture, division of water
resources, or words of like effect, is referred to or designated by any
statute, rule and regulation, contract or any other document, including any
statute, rule and regulation, contract or any document created pursuant to
the authorities transferred by this section, such reference or designation
shall apply to the Kansas office of natural resources, division of water
resources.
(4) On July 1, 2026, officers and employees who, immediately prior
to such date, were engaged in the performance of powers, duties or
functions that are transferred pursuant to the provisions of this section and
who, in the opinion of the executive director of the Kansas office of
natural resources, are necessary to perform the powers, duties and
functions of the Kansas office of natural resources, division of water
resources, shall be transferred to and shall become officers and employees
of such office. Such officers or employees shall retain all retirement
benefits and all rights of civil service that had accrued or vested in such
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HB 2345 10
officers or employees prior to July 1, 2026.
(5) (A) On and after July 1, 2026, when any conflict arises as to the
disposition of any power, duty or function or the unexpended balance of
any appropriation as a result of any transfer made by this section, or under
the authority of this section, such conflict shall be resolved by the
governor, and the decision of the governor shall be final.
(B) In all cases under the provisions of this section where part or all
of the powers, duties and functions of any state agency are divided
between the Kansas office of natural resources, division of water resources
and any other state agency, the Kansas office of natural resources, division
of water resources shall succeed to all property and records that were used
for or pertain to the performance of the powers, duties and functions
transferred to the division of water resources. Any conflict as to the proper
disposition of property or records arising under this section and resulting
from the transfer, attachment or abolition of any state agency, or all or part
of the powers, duties and functions thereof, shall be determined by the
governor, and the decision of the governor shall be final.
(6) (A) On July 1, 2026, the balance of all funds appropriated and
reappropriated to the Kansas department of agriculture, division of water
resources is hereby transferred to the Kansas office of natural resources,
division of water resources and shall be used only for the purposes for
which the appropriation was originally made.
(B) On July 1, 2026, liability for all accrued compensation or salaries
of officers and employees who, immediately prior to such date, were
engaged in the performance of powers, duties or functions of the Kansas
department of agriculture, division of water resources shall be assumed
and paid by the Kansas office of natural resources.
(b) (1) The Kansas office of natural resources, division of water
resources shall be administered by the chief engineer, who shall serve as
the director of the Kansas office of natural resources, division of water
resources and shall be in the classified service under the Kansas civil
service act. The executive director of the Kansas office of natural
resources is authorized to employ the chief engineer and to fix the chief
engineer's compensation.
(2) The chief engineer of the Kansas office of natural resources,
division of water resources shall be the successor in every way to the same
powers, duties and functions that were vested in the chief engineer of the
Kansas department of agriculture, division of water resources, prior to July
1, 2026. Every act performed under the authority of the chief engineer of
the Kansas office of natural resources, division of water resources shall
have the same force and effect as if performed by the Kansas department
of agriculture, division of water resources, or the chief engineer thereof,
prior to July 1, 2026.
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(3) Whenever the chief engineer of the Kansas department of
agriculture, division of water resources, or words of like effect, is referred
to or designated by any statute, rule and regulation, contract or any other
document regardless of whether such reference is in regard to any of the
powers, duties or functions transferred pursuant to this section, such
reference or designation shall be deemed to apply to the chief engineer of
the Kansas office of natural resources, division of water resources.
(4) (A) All rules and regulations of the Kansas department of
agriculture, division of water resources or the chief engineer of the
division of water resources in existence on July 1, 2026, shall continue to
be effective and shall be duly adopted rules and regulations of the chief
engineer of the Kansas office of natural resources, division of water
resources until revised, amended, revoked or nullified pursuant to law.
(B) All powers to adopt rules and regulations granted to the chief
engineer of the Kansas department of agriculture, division of water
resources shall continue to be powers of the chief engineer of the Kansas
office of natural resources, division of water resources.
(5) All orders or directives of the chief engineer of the Kansas
department of agriculture, division of water resources, in existence on July
1, 2026, shall continue to be effective and shall be the orders or directives
of the chief engineer of the Kansas office of natural resources, division of
water resources until revised, amended, repealed or nullified pursuant to
law.
(6) On July 1, 2026, the chief engineer of the Kansas office of natural
resources, division of water resources shall succeed to whatever right, title
or interest the Kansas department of agriculture, division of water
resources, has acquired in any real property in this state, and the director
shall hold such right, title or interest for and in the name of the state of
Kansas. On and after July 1, 2026, whenever any statute, contract, deed or
other document concerns the power or authority of the Kansas department
of agriculture, division of water resources, to acquire, hold or dispose of
real property or any interest therein, the chief engineer of the Kansas office
of natural resources, division of water resources, shall succeed to such
power or authority.
(c) The powers, duties and functions transferred by this section
include, but are not limited to, responsibilities concerning:
(1) Protection from flood waters, K.S.A. 12-635 et seq., and
amendments thereto;
(2) floodplain zoning, K.S.A. 12-766, and amendments thereto;
(3) drainage and levees, K.S.A. 24-126, and amendments thereto;
(4) the watershed district act, K.S.A. 24-1201 et seq., and
amendments thereto;
(5) irrigation districts, K.S.A. 42-701 et seq., and amendments
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thereto;
(6) the water projects environmental coordination act, K.S.A. 82a-
325 et seq., and amendments thereto;
(7) drought monitoring, K.S.A. 48-924 and 74-2608, and
amendments thereto;
(8) dams and other obstructions in streams, K.S.A. 82a-301 et seq.,
and amendments thereto;
(9) rural water districts pursuant to K.S.A. 82a-612 et seq., and
amendments thereto;
(10) water appropriations, K.S.A. 82a-701 et seq., and amendments
thereto;
(11) groundwater management districts act, K.S.A. 82a-1020 et seq.,
and amendments thereto;
(12) the state water plan storage act, K.S.A. 82a-1301 et seq., and
amendments thereto;
(13) the water assurance program act, K.S.A. 82a-1330 et seq., and
amendments thereto; and
(14) the water transfer act, K.S.A. 82a-1501 et seq., and amendments
thereto.
(d) This act shall not affect any administrative proceeding pending
before the chief engineer of the division of water resources of the
department of agriculture or any hearing officer on July 1, 2026, and such
matter shall proceed as through no change in the law had been made with
regard to such proceeding.
New Sec. 6. The state conservation commission established by
K.S.A. 2-1904, and amendments thereto, is hereby continued in existence
within the Kansas office of natural resources, division of conservation with
respect to the powers, duties and functions of the state conservation
commission that are transferred pursuant to section 4, and amendments
thereto. Members of the commission shall continue to hold office under
the conditions and limitations in effect on July 1, 2026.
New Sec. 7. This act shall not affect any administrative proceeding
relating to water transfers pursuant to the water transfer act, K.S.A. 82a-
1501 et seq., and amendments thereto, that is pending before the water
transfer hearing panel on July 1, 2026, and such matter shall proceed as
though no change in the law had been made with regard to such
proceeding.
New Sec. 8. (a) For purposes of the Kansas judicial review act, the
chief engineer shall be considered the agency head. Orders of the chief
engineer of the Kansas office of natural resources, division of water
resources issued pursuant to article 7 of chapter 42 or article 7 or article 10
of chapter 82a of the Kansas Statutes Annotated, and amendments thereto,
shall be considered final orders.
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(b) A final order issued by the chief engineer is subject to judicial
review in accordance with the Kansas judicial review act.
(c) Orders and hearings of the chief engineer shall not be subject to
the Kansas administrative procedure act.
Sec. 9. K.S.A. 2-1903 is hereby amended to read as follows: 2-1903.
As used in this act:
(1) "District" or "conservation district" means a governmental
subdivision of this state, and a public body corporate and politic, organized
in accordance with the provisions of this act, for the purposes, with the
powers, and subject to the restrictions hereinafter set forth.
(2) "Supervisor" means one of the members of the governing body of
a district, elected or appointed in accordance with the provisions of this
act.
(3) "Commission" means the conservation program policy board
created in K.S.A. 2-1904, and amendments thereto, including the state
conservation commission continued in existence by K.S.A. 74-5,128,
prior to its repeal, and section 6, and amendments thereto.
(4) "State" means the state of Kansas.
(5) "Agency of this state" includes the government of this state and
any subdivision, agency or instrumentality, corporation or otherwise, of
the government of this state.
(6) "United States" or "agencies of the United States" includes the
United States of America, the natural resources conservation service of the
United States department of agriculture and any other agency or
instrumentality, corporate or otherwise, of the United States of America.
(7) "Government" or "governmental" includes the government of this
state, the government of the United States and any subdivision, agency or
instrumentality, corporate or otherwise, of either of them.
(8) "Division" means the Kansas office of natural resources, division
of conservation established within the Kansas department of agriculture in
K.S.A. 74-5,126 in section 4, and amendments thereto.
(9) "Director" means the executive director of the division.
(10) "Invasive plant species" means a species of plant not native to
Kansas whose introduction, presence or spread does or is likely to cause
economic harm, environmental harm or harm to human health.
(11) "Secretary" means the secretary of the Kansas department of
agriculture"Executive director" means the executive director of the Kansas
office of natural resources.
Sec. 10. K.S.A. 2-1904 is hereby amended to read as follows: 2-1904.
(a) There is hereby established, to serve as a conservation program policy
board of the state and to perform the functions conferred upon it in this act,
the state conservation commission. The state conservation commission
shall succeed to all the powers, duties and property of the state soil
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conservation committee. The commission shall consist of nine members as
follows:
(1) The dean of the Kansas state university college of agriculture
located at Manhattan, Kansas, shall appoint two designees to serve on the
commission as members. One designee shall represent an agricultural
experiment station and one shall represent the cooperative extension
service.
(2) The secretary executive director shall request the secretary of
agriculture of the United States of America to appoint one person, and the
secretary executive director shall appoint one person, each of whom shall
be residents of the state of Kansas to serve as members of the commission.
These members shall hold office for four years and until a successor is
appointed and qualifies, with terms commencing on the second Monday in
January beginning in 1973.
(3) Five members of the commission shall be elected by the
conservation district supervisors at a time and place to be designated by
the commission. The method of electing such members to be conducted as
follows: The state is to be divided into five separate areas.
Area No. I to include the following counties: Cheyenne, Rawlins,
Decatur, Norton, Phillips, Smith, Osborne, Rooks, Graham, Sheridan,
Thomas, Sherman, Wallace, Logan, Gove, Trego, Ellis and Russell.
Area No. II to include: Greeley, Wichita, Scott, Lane, Ness, Rush,
Pawnee, Hodgeman, Finney, Kearny, Hamilton, Edwards, Ford, Gray,
Haskell, Grant, Stanton, Morton, Stevens, Seward, Meade, Clark,
Comanche and Kiowa.
Area No. III to include: Jewell, Republic, Mitchell, Cloud, Lincoln,
Ottawa, Ellsworth, Saline, Rice, McPherson, Reno, Harvey, Kingman,
Sedgwick, Sumner, Harper, Barber, Pratt, Barton and Stafford.
Area No. IV to include: Washington, Marshall, Nemaha, Brown,
Doniphan, Clay, Riley, Pottawatomie, Jackson, Atchison, Jefferson,
Leavenworth, Wyandotte, Johnson, Douglas, Shawnee, Wabaunsee, Geary,
Dickinson, Morris, Osage, Franklin and Miami.
Area No. V to include: Marion, Chase, Lyon, Coffey, Anderson, Linn,
Bourbon, Allen, Woodson, Greenwood, Butler, Elk, Wilson, Neosho,
Crawford, Cowley, Chautauqua, Montgomery, Labette and Cherokee.
Areas II and IV shall elect members in even-numbered years and Areas
I, III and V shall elect members in odd-numbered years for two-year terms.
The elected commission members from Areas I, III and V shall take office
on January 1 of the even-numbered years. The remaining two elected
members of the state commission from Areas II and IV shall take office on
January 1 of the odd-numbered years. The method of election is to be by
area caucus of the district supervisors of each of the five separate areas of
Kansas. The commission shall give each district notice of the time and
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place of such annual election meeting by letter if a member is to be elected
to the commission from that area that year. The selection of a successor to
fill an unexpired term shall be by appointment by the commission. The
successor who is appointed to fill the unexpired term shall be a resident of
the same area as that of the predecessor.
(b) The commission shall keep a record of its the commission's
official actions and shall review all rules and regulations proposed by the
division director that are necessary for the execution of the division's
functions under this act.
(c) In addition to the powers and duties conferred in this section, the
commission shall have the powers and duties not delegated to the division
pursuant to K.S.A. 74-5,126, and amendments thereto.
(d) The commission shall designate its chairperson and, from time to
time, may change such designation. A majority of the commission shall
constitute a quorum, and the concurrence of a majority in any matter
within their duties shall be required for its determination. Members of the
commission attending meetings of such commission or attending a
subcommittee meeting thereof authorized by such commission shall be
paid compensation, subsistence allowances, mileage and other expenses as
provided in K.S.A. 75-3223, and amendments thereto. The commission
shall provide for keeping of a full and accurate record of all proceedings
and of all resolutions, rules and regulations and orders issued or adopted.
(e) The commission together with the division shall make
conservation program policy decisions to be approved by the secretary
executive director, including modification of current conservation
programs, creation of new conservation programs and annual budget
recommendations.
(f) The division in consultation with the commission shall have the
following duties and powers:
(1) To offer such assistance as may be appropriate to the supervisors
of conservation districts, organized as provided hereinafter, in the carrying
out of any of their powers and programs;
(2) to keep the supervisors of each of the several districts organized
under the provisions of this act informed of the activities and experience of
all other districts organized hereunder and to facilitate an interchange of
advice and experience between such districts and cooperation between
them;
(3) to coordinate the programs of the several conservation districts
organized hereunder;
(4) to secure the cooperation and assistance of the United States and
any of its agencies and of agencies of this state, in the work of such
districts and to contract with or to accept donations, grants, gifts and
contributions in money, services or otherwise from the United States or
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any of its agencies or from the state or any of its agencies in order to carry
out the purposes of this act;
(5) to disseminate information throughout the state concerning the
activities and programs of the conservation districts organized hereunder
and to encourage the formation of such districts in areas where their
organization of such districts is desirable;
(6) to cooperate with and give assistance to watershed districts and
other special purpose districts in the state of Kansas for the purpose of
cooperating with the United States through the secretary of agriculture
executive director in the furtherance of conservation pursuant to the
provisions of the watershed protection and flood prevention act , as
amended;
(7) to cooperate in and carry out, in accordance with state policies,
activities and programs to conserve and develop the water resources of the
state and maintain and improve the quality of such water resources;
(8) to enlist the cooperation and collaboration of state, federal,
regional, interstate, local, public and private agencies with the
conservation districts;
(9) to facilitate arrangements under which whereby conservation
districts may serve county governing bodies and other agencies as their
local operating agencies in the administration of any activity concerned
with the conservation of natural resources; and
(10) to take such actions as are necessary to restore, establish,
enhance and protect natural resources with conservation easements for the
purpose of compensatory mitigation required under section 404 of the
federal clean water act, including:
(A) Accepting, purchasing or otherwise acquiring conservation
easements, as defined in K.S.A. 58-3810, and amendments thereto, on
behalf of watershed districts for the purpose of protecting compensatory
mitigation sites;
(B) contracting with engineering consultants, surveyors and
construction contractors for the purpose of restoration, establishment and
enhancement of natural resources; and
(C) establishing fees for the acquisition and administration of
conservation easements held on behalf of watershed districts, accepting
such fees from state and local government agencies, and assuming
responsibility to ensure the terms of the conservation easement are met, as
approved by the department, for the length of term of the easement for
which fees have been accepted.
(g) There is hereby established in the state treasury the compensatory
mitigation fund to be administered by the department of agriculture
Kansas office of natural resources . All expenditures from the
compensatory mitigation fund shall be for conservation. All expenditures
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from the compensatory mitigation 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
executive director or the executive director's designee of the secretary. The
secretary of agriculture executive director shall remit all moneys received
by or for the secretary executive director under this section to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the
compensatory mitigation fund.
(h) All costs associated with compensatory mitigation, including, but
not limited to, the costs of any litigation or civil fines or penalties, shall be
paid by the watershed district for which the division holds the conservation
easement.
(i) (1) Except as provided in paragraph (2), the Kansas department of
agriculture office of natural resources shall not expend moneys
appropriated from the state general fund or from any special revenue fund
or funds for the purpose of accepting, purchasing or otherwise acquiring
conservation easements on behalf of watershed districts.
(2) The Kansas department of agriculture office of natural resources
may expend moneys in the compensatory mitigation fund established by
this section for the purpose of accepting, purchasing or otherwise
acquiring conservation easements on behalf of watershed districts and for
the administration of such conservation easements.
(j) The division shall not accept, purchase or otherwise acquire any
conservation easement other than for the purposes of this section.
Sec. 11. K.S.A. 2-1907 is hereby amended to read as follows: 2-1907.
The governing body of the district shall consist of five supervisors who are
qualified electors residing within the district. The supervisors who are first
elected shall serve for terms of one, two and three years according to the
following plan: The two persons receiving the highest number of votes in
the election shall hold office for three years; the two persons receiving the
next highest number of votes shall hold such office for a term of two years;
and the remaining supervisor shall hold office for a term of one year. In the
event of a tie vote, such terms shall be decided by lot. Nothing in this
section shall be construed as affecting the length of the term of supervisors
holding office on January 1, 1995. Successors to such persons shall be
elected for terms of three years. An annual meeting of all qualified electors
of the district shall be held in the month of January or February. Notice of
the time and place of such meeting shall be given by such supervisors by
publishing a notice in the official county paper once each week for two
consecutive weeks prior to the week in which such meeting is to be held.
At such meeting the supervisors shall make full and due report of their
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activities and financial affairs since the last annual meeting and shall
conduct an election by secret ballot of all of the qualified electors of the
district there present for the election of supervisors whose terms have
expired. Whenever a vacancy occurs in the membership of the governing
body the remaining supervisors of the district shall appoint a qualified
elector of the district to fill the office for the unexpired term. The
supervisors shall designate a chairperson and may from time to time
change such designation. A supervisor shall hold office until a successor
has been elected or appointed and has qualified. A majority of the
supervisors shall constitute a quorum and the concurrence of a majority of
the supervisors in any matter within their duties shall be required for its
determination. A supervisor shall receive no compensation for services, but
may be entitled to expenses, including traveling expenses, necessarily
incurred in the discharge of duties. The supervisors may employ a
secretary, technical experts and such other officers, agents and employees,
permanent and temporary, as they may require, and shall determine their
qualifications, duties and compensation. The supervisors may call upon the
county attorney of the county in which a major portion of the district lies,
or the attorney general for such legal services as they may require. The
supervisors may delegate to their chairperson, to one or more supervisors,
or to one or more agents, or employees such powers and duties as they
may deem proper. The supervisors shall furnish to the division, upon
request, copies of such rules, regulations, orders, contracts, forms, and
other documents as they shall adopt or employ, and such other information
concerning their activities as it may require in the performance of its duties
under this act. The supervisors shall provide for the execution of surety
bonds for all employees and officers who shall be entrusted with funds or
property; shall provide for the keeping of a full and accurate record of all
proceedings and of all resolutions, regulations, and orders issued or
adopted; and shall provide for an annual audit of the accounts and receipts
and disbursements. Any supervisor may be removed by the secretary
executive director in consultation with the commission upon notice and
hearing in accordance with the provisions of the Kansas administrative
procedure act for neglect of duty or malfeasance in office, but for no other
reason. The supervisors may invite the legislative body of any
municipality or county located near the territory comprised within the
district to designate a representative to advise and consult with the
supervisors of the district on all questions of program and policy that may
affect the property, water supply or other interests of such municipality or
county.
Sec. 12. K.S.A. 2-1915 is hereby amended to read as follows: 2-1915.
(a) (1) Appropriations may be made for grants out of funds in the treasury
of this state for:
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(A) Terraces, terrace outlets, check dams, dikes, ponds, ditches,
critical area planting, grassed waterways, irrigation technology, precision
land forming, range seeding, soil and grassland health, detention and grade
stabilization structures and other enduring water conservation and water
quality practices installed on public lands and on privately owned lands;
and
(B) the control of invasive species on public lands and on privately
owned lands.
(2) Except as provided by the multipurpose small lakes program act
and other programs approved by the secretary executive director, any such
grant shall not exceed 80% of the total cost of any such practice.
(b) A program for protection of riparian and wetland areas shall be
developed by the division and implemented by the conservation districts.
The conservation districts shall prepare district programs to address
resource management concerns of water quality, erosion and sediment
control and wildlife habitat as part of the conservation district long-range
and annual work plans. Preparation and implementation of conservation
district programs shall be accomplished with assistance from appropriate
state and federal agencies involved in resource management.
(c) Subject to the provisions of K.S.A. 2-1919, and amendments
thereto, any holder of a water right, as defined by K.S.A. 82a-701(g), and
amendments thereto, who is willing to voluntarily return all or a part of the
water right to the state shall be eligible for a grant not to exceed 80% of
the total cost of the purchase price for such water right. The division shall
administer this cost-share program with funds appropriated by the
legislature for such purpose. The chief engineer shall certify to the division
that any water right for which application for cost-share is received under
this section is eligible in accordance with the criteria established in K.S.A.
2-1919, and amendments thereto.
(d) (1) Subject to appropriation acts therefor, the division shall
develop the Kansas water quality buffer initiative for the purpose of
restoring riparian areas using best management practices. The director
shall ensure that the initiative is complementary to the federal conservation
reserve program and update any applicable standards from time to time as
necessary for the continued success of the program.
(2) There is hereby created in the state treasury the Kansas water
quality buffer initiative fund. All expenditures from such 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 or the director's designee. Moneys credited to the fund shall be
used for the purpose of making grants to install water quality best
management practices pursuant to the initiative.
(3) The county or district appraiser shall identify and map riparian
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buffers consisting of at least one contiguous acre per parcel of real
property located in the appraiser's county. Notwithstanding any other
provisions of law, riparian buffers shall be valued by the county or district
appraiser as tame grass land, native grass land or waste land, as
appropriate. As used in this paragraph, "riparian buffer" means an area of
stream-side vegetation that: (A) Consists of tame or native grass and may
include forbs and woody plants; (B) is located along a perennial or
intermittent stream, including the stream bank and adjoining floodplain;
and (C) is a minimum of 66 feet wide and a maximum of 180 feet wide.
(e) The division, with the approval of the secretary executive director,
shall adopt rules and regulations to administer such grant and protection
programs. Prior to submission of any proposed rules and regulations of the
division to the director of the budget, the secretary of administration and
the attorney general in accordance with the rules and regulations filing act,
K.S.A. 77-415 et seq., and amendments thereto:
(1) The executive director shall submit such proposed rules and
regulations to the commission; and
(2) the commission shall review and make recommendations to the
director and the secretary executive director regarding such proposed rules
and regulations.
(f) Any district is authorized to make use of any assistance
whatsoever given by the United States, or any agency thereof, or derived
from any other source, for the planning and installation of such practices.
The division may enter into agreements with other state and federal
agencies to implement the Kansas water quality buffer initiative.
Sec. 13. K.S.A. 2-1930 is hereby amended to read as follows: 2-1930.
(a) As used in this section:
(1) "Division" means the Kansas office of natural resources, division
of conservation established within the Kansas department of agriculture in
K.S.A. 74-5,126, and amendments thereto;
(2) "historic consumptive water use" means an amount of use of a
water right as calculated pursuant to subsection (k); and
(3) "program" means the water right transition assistance program.
(b) There is hereby established the water right transition assistance
program. The program shall be administered by the division. The Kansas
department of agriculture office of natural resources, division of water
resources and recognized local governing agencies, including groundwater
management districts, shall cooperate in program implementation. The
program shall be administered for the purpose of reducing historic
consumptive water use in the target or high priority areas of the state by
issuing water right transition grants based on competitive bids for privately
held water rights.
(c) (1) The division may receive and expend funds from the federal or
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state government or a private source for the purpose of carrying out the
provisions of this section. The division shall carry over unexpended funds
from one fiscal year to the next.
(2) The maximum amount paid by the division shall not exceed a
base rate per acre-foot of historic consumptive water use made available
under the water right to be dismissed or permanently reduced. The
division, in consultation with the commission, shall establish an annual
base rate after considering recommendations from the chief engineer and
the groundwater management districts regarding market conditions.
(d) The division may enter into water right transition assistance
program contracts with landowners that will result in the permanent
reduction of part or all of a landowner's historic consumptive water use by
action of the chief engineer as provided for in subsection (f).
(e) All applications for permanent irrigation water right retirements
shall be considered for funding. Permanent retirement of partial water
rights shall only be approved by the Kansas department of agriculture
office of natural resources, division of water resources when the local
groundwater management district has the metering and monitoring
capabilities necessary to ensure compliance with the program.
(f) Applications for permanent water right retirement shall be
prioritized for payment based on the following criteria:
(1) The applicant's bid price;
(2) the timing and extent of the impact of the application on aquifer
restoration or stream recovery;
(3) the impact on local water management strategies designated by
the board of each groundwater management district or by the chief
engineer for each target area; and
(4) where rights with similar hydrologic impacts are considered,
priority should be given to the senior right as determined under the Kansas
water appropriation act.
(g) Water rights enrolled in the program for permanent retirement
shall require the written consent of all landowners and authorized agents to
voluntarily request permanent reduction or permanent dismissal and
forfeiture of priority of the enrolled water right. Upon enrollment of the
water right into the program, the chief engineer of the Kansas department
of agriculture office of natural resources, division of water resources shall
concurrently permanently reduce or permanently dismiss and terminate the
water right in accordance with the terms of the contract.
(h) (1) The division shall make water right transition grants available
only in areas that have been designated as:
(A) Target areas by the groundwater management districts and the
chief engineer of the Kansas department of agriculture office of natural
resources, division of water resources; or
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(B) target areas outside the groundwater management districts by the
chief engineer of the Kansas department of agriculture office of natural
resources, division of water resources.
(2) Each target area shall be in a groundwater aquifer, aquifer sub-
unit, surface water basin, subbasin or stream reach that the chief engineer
has closed to further appropriations except for domestic use, temporary
permits, term permits for five years or less and small-use exemptions for
15 acre-feet or less, if the use, permit or exemption does not conflict with
this program.
(3) The designation of each target area shall include the identification
of a historic consumptive water use retirement goal. When such goal is
reached, the target area shall be delisted.
(4) The designation of each target area shall include the identification
of sub-regions that are to be prioritized for retirements among competing
bids.
(i) Contracts accepted under the program shall result in a net
reduction in historic consumptive water use in the target area. Except as
provided for in subsections (l) and (m), once a water right transition
assistance program grant has been provided, the land authorized to be
irrigated by the water right or water rights associated with that grant shall
not be irrigated permanently. Water right transition assistance program
contracts shall be subject to such terms, conditions and limitations as may
be necessary to ensure that such reduction in historic consumptive water
use occurs and can be adequately monitored and enforced.
(j) Only vested or certified water rights that are in good standing shall
be eligible for water right retirement grants.
(k) (1) The historic consumptive water use of a water right shall be
determined by either:
(A) Calculating the average amount of water consumed by crops as a
result of the lawful beneficial use of water during the 10 preceding
calendar years of actual irrigation and multiplying the average reported
water use for the 10 selected years by a factor of 0.85 for center pivot
sprinkler irrigation systems, 0.75 for flood or gravity irrigation systems
and 0.95 for subsurface drip irrigation systems, but not to exceed the net
irrigation requirements for the 50% chance rainfall for the appropriate
county as shown in K.A.R. 5-5-12; or
(B) calculating the available pumping capacity of a water right by
multiplying a flow rate test for each point of diversion applied to be retired
under the water right by a theoretical pumping duration of 100 days
multiplied by an efficiency factor of 0.85 for center pivot sprinkler
irrigation systems, 0.75 for flood or gravity irrigation systems and 0.95 for
subsurface drop irrigation systems, but not to exceed the authorized
quantity of the water right or the net irrigation requirements for the 50%
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chance rainfall for the appropriate county as shown in K.A.R. 5-5-12.
Flow rate tests must have been conducted not less than one year prior to
the application date and certified as acceptable by the local groundwater
management district or the chief engineer.
(2) The applicant may also submit an engineering study that
determines the average historic consumptive water use as an alternative
method if it is demonstrated to be more accurate for the water right or
water rights involved.
(l) Enrollment of an entire water right or a portion of a water right
where land associated with the quantity is being permanently reduced from
the water right in the program shall not subsequently prohibit irrigation of
the land that, prior to enrollment, was authorized by the water right or
water rights if irrigation can be lawfully allowed by another water right or
permit pursuant to the rules and regulations and consideration of any
future changes to other water rights that may be proposed to be transferred
to such land.
(m) If more than one water right overlaps the place of use authorized
by the water right proposed to be enrolled in the program, then all
overlapping water rights shall be enrolled in the program or the
landowners shall take the necessary lawful steps to eliminate the overlap
with the water right to be enrolled. The burden shall be on the landowner
to provide sufficient information to substantiate that the proposed use of
water by the resulting exercise of all water rights involved will result in the
net reduction amount of historic consumptive water use by the water right
or water rights to be enrolled. The division may require such
documentation to be provided by someone with special knowledge or
experience related to water rights and such operations.
(n) The division shall adopt rules and regulations as necessary for the
administration of this section. When adopting such rules and regulations,
the division shall consider cropping, system design, metered water use and
all other pertinent information that will permit a verifiable reduction in
historic consumptive water use and permit alternative crop or other use of
the land so that the landowner's economic opportunities are taken into
account.
(o) The division shall hold a meeting in each target area designated
after July 1, 2012, prior to entering into any water right transition
assistance program contract for the permanent retirement of part or all of
landowner water rights in such target area. Such meetings shall inform the
public of the possible economic and hydrologic impacts of the program.
The division shall provide notice of such meetings through publication in
local newspapers of record and in the Kansas register.
(p) The provisions of this section shall expire on July 1, 2030.
Sec. 14. K.S.A. 2-1933 is hereby amended to read as follows: 2-1933.
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(a) As used in this section, "division" means the Kansas office of natural
resources, division of conservation established within the Kansas
department of agriculture in K.S.A. 74-5,126 in section 4 , and
amendments thereto.
(b) The division shall administer the conservation reserve
enhancement program (CREP) on behalf of the state of Kansas pursuant to
agreements with the United States department of agriculture for the
purpose of implementing beneficial water quality and water quantity
projects concerning targeted watersheds to be enrolled in CREP.
(c) There is hereby established in the state treasury the Kansas
conservation reserve enhancement program fund, which shall be
administered by the division. All expenditures from the Kansas
conservation reserve enhancement program fund shall be for the
implementation of CREP pursuant to agreements between the state of
Kansas and the United States department of agriculture. All expenditures
from such 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 executive director of the
Kansas office of natural resources or by the secretary's executive director's
designee.
(d) The division may request the assistance of other state agencies,
Kansas state university, local governments and private entities in the
implementation of CREP.
(e) The division may receive and expend moneys from the federal or
state government or private sources for the purpose of carrying out the
provisions of this section. All moneys received 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 Kansas conservation reserve enhancement program fund. The
division shall carry over unexpended moneys in the Kansas conservation
reserve enhancement program fund from one fiscal year to the next.
(f) The division may enter into cost-share contracts with landowners
that will result in fulfilling specific objectives of projects approved in
agreements between the United States department of agriculture and the
state of Kansas.
(g) The division shall administer all CREPs in Kansas subject to the
following criteria:
(1) The aggregate total number of acres enrolled in Kansas in all
CREPs shall not exceed 40,000 acres;
(2) the number of acres eligible for enrollment in CREP in Kansas
shall be limited to 1/2 of the number of acres represented by federal
contracts in the federal conservation reserve program that have expired in
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the prior year in counties within the particular CREP area, except that if
federal law permits the lands enrolled in the CREP program to be used for
agricultural purposes, such as planting agricultural commodities,
including, but not limited to, grains, cellulosic or biomass materials,
alfalfa, grasses or legumes, but not including cover crops, then the number
of acres eligible for enrollment shall be limited to the number of acres
represented by contracts in the federal conservation reserve program that
have expired in the prior year in counties within the specific CREP area;
(3) nonot more than 25% of the acreage in CREP may be in any one
county, except that the last eligible offer to exceed the number of acres
constituting a 25% acreage cap in any one county shall be approved;
(4) no whole-field enrollments shall be accepted into a CREP
established for water quality purposes; and
(5) lands enrolled in the federal conservation reserve program as of
January 1, 2008, shall not be eligible for enrollment in CREP.
(h) (1) For a CREP established with the purpose of meeting water
quantity goals, the division shall administer such CREP in accordance with
the following additional criteria:
(A) No water right that is owned by a governmental entity shall be
purchased or retired by the state or federal government pursuant to CREP;
and
(B) only water rights in good standing are eligible for inclusion under
CREP.
(2) To be a water right in good standing:
(A) At least 50% of the maximum annual quantity authorized to be
diverted under the water right that has been used in any three years within
the most recent five-year period preceding the submission for which
irrigation water use reports are approved and made available by the
Kansas office of natural resources, division of water resources of the
Kansas department of agriculture;
(B) the water rights used for the acreage in CREP during the most
recent five-year period preceding the submission for which irrigation water
use reports are approved and made available by the division of water
resources shall not have: (i) Exceeded the maximum annual quantity
authorized to be diverted; and (ii) been the subject of enforcement
sanctions by the division of water resources; and
(C) the water right holder has submitted the required annual water use
report required under K.S.A. 82a-732, and amendments thereto, for each
of the most recent 10 years.
(i) (1) The Kansas department of agriculture office of natural
resources shall submit a CREP report to the senate committee on
agriculture and natural resources and the house committee on agriculture
and natural resources, or any successor committees, at the beginning of
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each annual regular session of the legislature containing a description of
program activities for each CREP administered in the state and including:
(A) The acreage enrolled in CREP during fiscal year 2008 through
the most current fiscal year to date;
(B) the dollar amounts received and expended for CREP during fiscal
year 2008 through the most current fiscal year to date;
(C) an assessment of meeting each of the program objectives
identified in the agreement with the farm services agency; and
(D) such other information specified by the Kansas department of
agriculture or Kansas office of natural resources.
(2) For a CREP established with the purpose of meeting water
quantity goals, the following information shall be included in such annual
report:
(A) The total water rights, measured in acre-feet, retired in CREP
from fiscal year 2008 through the current fiscal year to date;
(B) the change in groundwater water levels in the CREP area during
fiscal year 2008 through the most current fiscal year to date;
(C) the annual amount of water usage in the CREP area from fiscal
year 2008 through the most current fiscal year to date; and
(D) the average water use, measured in acre-feet, for each of the five
years preceding enrollment for each water right enrolled.
(j) The Kansas department of agriculture office of natural resources
shall submit a report on the economic impact of each specific CREP to the
senate committee on agriculture and natural resources and the house of
representatives committee on agriculture and natural resources, or any
successor committees, every five years, beginning in 2017. The report
shall include economic impacts to businesses located within each specific
CREP region.
Sec. 15. K.S.A. 12-541 is hereby amended to read as follows: 12-541.
(a) Following annexation, the rural water district shall remain the water
service provider to the annexed area unless the city gives written notice
designating a different supplier. If the city designates a different supplier,
the city shall purchase the property, facilities, improvements and going
concern value of the facilities of the district located within the territory
annexed by the city. If an agreement for the purchase of such property,
facilities, improvements and going concern value of the facilities of the
district annexed by the city is not executed within 90 days after delivery of
the notice designating a different supplier, the city and the rural water
district in good faith shall engage in mediation. Unless an agreement is
executed, no change in water service provider shall occur and no
appraisers shall be appointed until more than 120 days after delivery of the
notice of intent to change the water supplier and the mediation has been
terminated.
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(b) If the district and the city are unable to reach agreement on the
reasonable value for such property, facilities, improvements and going
concern value of the facilities of the district, then the reasonable value
shall be determined in the following manner:
(1) The district and the city 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 reasonable value of the
property, facilities, improvements and going concern value of the facilities
of the district annexed by the city. 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 amount of damage to property remaining in the ownership of
the district following annexation;
(C) impact on the existing indebtedness of the district and such
district's ability to repay that debt;
(D) the value of the service facilities of the district located within the
area in question;
(E) the amount of any expenditures for planning, design or
construction of service facilities outside the incorporated or annexed area
that are allocable to service to the area in question;
(F) the amount of the district's contractual obligations allocable to the
area in question;
(G) if the area transferred consists of land for which no water service
is being provided by the system at the time of the annexation, the value of
such land based on the planning, design and construction of improvements
located outside the annexed area reasonably made to provide future water
service to the annexed area;
(H) any demonstrated impairment of service or increase of cost to
consumers of the district remaining after the annexation and the impact on
future revenues lost from existing customers;
(I) any necessary and reasonable legal expenses and professional
fees;
(J) any factors relevant to maintaining the current financial integrity
of the district;
(K) the average increase in the number of benefit units in the area
annexed for the three years immediately preceding such annexation; and
(L) any other relevant factors as agreed to by the three appointed
appraisers.
(2) The appraisers shall hear such evidence as the appraisers deem
appropriate and shall make a written summary of findings and conclusions.
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The agreement or decision of at least two of the three appraisers shall be
the fair market value presented to the city for payment and the district for
acceptance.
(3) If either the district or the city is dissatisfied with the decision of
the appraisers, then the district or the city may appeal within 30 days such
award to the district court. Such appeal shall be heard de novo by the court
without a jury.
(c) The compensation required by this section shall be paid to the
district whether or not the city actually utilizes the facilities of the district
for the delivery of water to property within the city and shall be paid at a
time not later than 120 days following the date upon which the fair market
value of the facilities are certified to the city and to the district, or at such
later date as may be mutually agreed upon by the city and the district or as
may be determined by the district court.
(d) In any event, the district may elect to retain facilities located
within the city used for transmission of water, provided that the district use
those facilities to continue to supply water service to benefit units outside
the city. The district shall not receive compensation for facilities it elects to
retain.
(e) Except as otherwise provided, nothing in this section shall be
construed as limiting the authority of a city to select water service
suppliers to areas within the city limits, or to limit the authority of a city to
adopt and enforce regulations for the operation of a water service supplier,
including, but not limited to, standards of water quality, classification of
water customers, capacity of water system, water system connections to
sanitary sewer systems, rates and billing practices and other regulations for
protection of the public health, safety and welfare.
(f) In the event that a district will no longer be the water supplier to
land as a result of annexation and notice pursuant to subsection (a), the
district shall continue to provide such service until the city gives notice of
its assumption of responsibility for service, designating the date that the
service shall transfer to the supplier designated by the city. The district and
the city shall cooperate as necessary to minimize the inconvenience to
water customers as a result of the transfer. The city shall give written
notice to each customer of the district for whom water service is being
transferred specifying the name and address of the new supplier, the
effective date of the transfer, the reason for the transfer and a schedule of
applicable rates. The district shall not discontinue or limit service to
customers who were supplied water by the district at the time of
annexation during the period of negotiations unless such customer has
violated district bylaws or rules and regulations.
(g) Following the transfer of water service from the district to the
city, the annexed land, or amount of such land for which water service has
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been transferred to the city, shall be deleted from the territory of the
district and all benefit units attached to land located therein shall be
canceled without compensation. Notice of such deletion of territory shall
be provided to the county clerk and the chief engineer of the Kansas office
of natural resources, division of water resources of the department of
agriculture.
Sec. 16. K.S.A. 12-636 is hereby amended to read as follows: 12-636.
Before making the improvements mentioned in K.S.A. 12-635, and
amendments thereto, the governing body of the city, by resolution duly
passed, shall declare it necessary for the public good and convenience that
the property described in the resolution be protected from the overflow of
the watercourse and shall require a competent engineer to make a survey
thereof and file the same with the city clerk of the city with maps and
profiles of the survey and a full and complete plan of protecting the
property from the overflow or damage by water of the watercourse and
also the physical characteristics and location of any right-of-way, roadbed,
bridge or bridges, streets and alleys and other property liable to be injured
or damaged by the overflow of the watercourse. The engineer shall also
make an estimate of the cost of the entire work and improvement required
to protect the property, showing the several items of the same. The
engineer shall inspect and examine all lots and buildings thereon, rights-
of-way, roadbeds, bridges, culverts, depot grounds, grades, streets, and all
railroads, telephone and telegraph and other property liable to be injured or
damaged by the overflow of the watercourse. The engineer shall file a
report, in duplicate, with the city clerk. Upon the approval of engineer's
report by the governing body of the city, the city clerk of the city shall
immediately cause one copy of the engineer's report to be filed with the
chief engineer of the Kansas office of natural resources, division of water
resources of the Kansas department of agriculture.
Sec. 17. K.S.A. 12-761 is hereby amended to read as follows: 12-761.
(a) Any violation of any regulation adopted under the authority of this act
shall be a misdemeanor and shall be punishable by a fine of not to exceed
$500 or by imprisonment for not more than six months for each offense or
by both such fine and imprisonment. Each day's violation shall constitute a
separate offense.
(b) Any city or county, and any person the value or use of whose
property is or may be affected by such violation, shall have the authority to
maintain suits or actions in any court of competent jurisdiction to enforce
the adopted zoning regulations and to abate nuisances maintained in
violation thereof.
(c) Whenever any building or structure is or is proposed to be erected,
constructed, altered, converted or maintained or any building, structure or
land is or is proposed to be, used in violation of any zoning regulations,
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the city or county, or in the event the violation relates to a provision
concerning flood plain zoning, the attorney general and the chief engineer
of the Kansas office of natural resources, division of water resources of
the Kansas department of agriculture , in addition to other remedies, may
institute injunction, mandamus, or other appropriate action or proceeding
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use or to correct or abate such violation or to
prevent the occupancy of such building, structure or land.
(d) Any person, company, corporation, institution, municipality or
agency of the state who violates any provision of any regulation relating to
flood plain zoning shall be subject to the penalties and remedies provided
for herein.
(e) The provisions of this section shall become effective on and after
January 1, 1992.
Sec. 18. K.S.A. 12-766 is hereby amended to read as follows: 12-766.
(a) The governing body may establish flood plain zones and districts and
restrict the use of land therein and may restrict the application thereof to
lands, adjacent to watercourses, subject to floods of a lesser magnitude
than that having a chance occurrence in any one year of 1%. Any flood
plain regulations shall comply with the minimum requirements of the
national flood insurance act of 1968, as amended (, 42 U.S.C. § 4001 et
seq.), or any rules and regulations adopted pursuant thereto.
(b) Prior to the adoption thereof, the governing body shall submit to
the chief engineer of the Kansas office of natural resources, division of
water resources of the Kansas department of agriculture any ordinance,
resolution, regulation or plan that proposes to create or to effect any
change in a flood plain zone or district, or that proposes to regulate or
restrict the location and use of structures, encroachments, and uses of land
within such an area. The chief engineer may require, pursuant to rules and
regulations, each submission hereunder to be accompanied by complete
maps, plans, profiles, specifications and textual matter. The chief engineer
shall approve or disapprove any such ordinance, resolution, regulation or
plan or changes thereof within 90 days of the date of receipt of all such
data required by the chief engineer as specified in rules and regulations
adopted thereby. If the chief engineer fails to approve or disapprove within
the 90 day period required by this section, such ordinance, resolution,
regulation or plan or change thereof shall be deemed approved. The chief
engineer shall provide, in writing, specific reasons for any disapproval.
(c) The chief engineer shall adopt such rules and regulations deemed
necessary to administer and enforce the provisions of this section.
Sec. 19. K.S.A. 12-2713 is hereby amended to read as follows: 12-
2713. Nothing contained in this act shall be held to alter or abridge the
powers and duties of the secretary of health and environment or of the
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Kansas office of natural resources, division of water resources of the
Kansas department of agriculture over water supply matters.
Sec. 20. K.S.A. 19-2963 is hereby amended to read as follows: 19-
2963. Any county which that adopts a resolution under the provisions of
this act shall have power to declare the violation thereof a misdemeanor
and punishable by a fine not to exceed $500 for each offense and to
provide that each day's violation shall constitute a separate offense. Such
counties also shall have the authority to maintain suits or actions in any
court of competent jurisdiction for the purpose of enforcing the provisions
of such resolution and to abate nuisances maintained in violation thereof.
In case any building or structure is or is proposed to be erected,
constructed, altered, converted or maintained, or any building, structure or
land is or is proposed to be used in violation of any resolution enacted
under this act, the county counselor or other appropriate authority of the
county, and in the event the violation relates to a provision concerning
floodplain zoning, the attorney general and the chief engineer of the
Kansas office of natural resources, division of water resources of the
Kansas department of agriculture, in addition to other remedies, may
institute injunction, mandamus, or other appropriate action or proceeding
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, use or to correct or abate such violation or to
prevent the occupancy of such building, structure or land. Any person,
company, corporation, institution, municipality or agency of the state or
federal government who violates any provision of a resolution relating to
floodplain zoning, shall be subject to the penalties and remedies provided
for herein.
Sec. 21. K.S.A. 24-407 is hereby amended to read as follows: 24-407.
Each drainage district incorporated pursuant to K.S.A. 24-401 et seq., and
amendments thereto, shall be a body politic and corporate. Subject to the
superior jurisdiction of the United States over navigable waters, the
governing body of each drainage district shall have exclusive control of
the beds, channels, banks and of all lands the title to which is vested in the
state of Kansas lying between the banks at high water mark of all natural
watercourses within the district. The board of directors of every drainage
district incorporated under the provisions of K.S.A. 24-401 et seq., and
amendments thereto, shall have the power to:
(1) To Adopt a seal.
(2) To Sue and be sued by its corporate name.
(3) To Purchase, hold, sell and convey real estate and personal
property necessary or convenient to carry out the purposes of the district.
(4) To Take charge of and exercise exclusive control of all natural
watercourses within the district, and widen, deepen, establish, regulate and
maintain the channels thereof, construct and maintain levees along the
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banks thereof and detention dams and reservoirs in areas adjacent thereto
which that are necessary to prevent or restrain overflow or lessen the
volume thereof or the injury likely to result therefrom. The board may
construct ditches, drains, sewers and canals through lands subject to
overflow, and may purchase, install and operate pumps necessary to
remove, carry off and prevent water from standing or remaining in pools
or ponds and becoming stagnant upon overflowed lands or necessary for
sanitary purposes or conducive to the public health, convenience and
welfare. The board may alter, change or abandon the channel or any part of
the channel of any natural watercourse and relocate or excavate and
establish a new channel for such watercourse or any part thereof located
within the district. The board may take private property for public use by
exercise of the right of eminent domain and may condemn and remove
obstructions in such watercourses. The board may acquire by gift,
purchase or condemnation lands for the purpose of constructing levees
along or widening, deepening, changing or otherwise improving the
channels of watercourses or for relocating, excavating and establishing
new channels or constructing cutoffs, detention dams and reservoirs in
areas adjacent to all such watercourses.
(5) To Prescribe, regulate and fix the height of the superstructures
above the water, the length of all spans and the location of the piers of all
bridges across watercourses located within the district.
(6) To Construct levees across the rights-of-way, roadbeds, tracks and
lands of railroad companies and street-railroad companies. The board may
condemn and appropriate by the exercise of the right of eminent domain
sufficient rights-of-way or other lands of any railroad company or street-
railroad company necessary for constructing and maintaining a continuous
levee of uniform height across the same.
(7) To Fix, regulate and change the grade or elevation of all public
highways, railroads and street-railroads at points where any levee may
cross or intersect the same.
(8) To Require all railroad companies to elevate their tracks at all
points where intersected by any levee so that the tracks will not interfere
with the construction or maintenance of the levee as a continuous and
effective work of uniform height to prevent the overflow of any natural
watercourse.
(9) To Maintain in any court of competent jurisdiction suits to enforce
the reasonable orders of its directors, enjoin the placing or maintenance in
any natural watercourse of any unauthorized bridge, embankment, pier or
other work or structure constituting to any extent whatever an obstruction
to the flow of the water, restrain all other wrongful or unauthorized
encroachments upon or interference with the channel of the watercourse
and to have all obstructions wrongfully placed in the channel of natural
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watercourses adjudged public nuisances and abated as such.
(10) To Maintain actions in any court of competent jurisdiction to
recover and hold exclusive possession of all land located between the
banks of natural watercourses at high water mark, the title to which is
vested in the state of Kansas. If the channel of any watercourse is altered,
changed or abandoned, in whole or in part, the governing body may sell,
convey and give good title to the land constituting the abandoned channel
and apply the proceeds thereof to the cost of a new channel or for other
improvement of the watercourse.
(11) To Annually levy a tax not exceeding five mills on the assessed
value of all tangible taxable property within the district to create a general
fund.
If the board determines that a higher tax levy limit is necessary, it the
board may adopt a resolution proposing to raise the limitation. Any
proposed increase of the levy limitation shall be submitted for approval by
the qualified voters of the drainage district. The election shall be called
and held in the manner provided by the general bond law. If a majority of
the voters voting on the question votes in favor thereof, the levy limitation
may be increased.
(12) To Levy special assessments against all real property located
within the district that may be benefited to pay the costs of the
construction and maintenance of levees or other works or improvements to
prevent the overflow of natural watercourses, or provide drainage of
overflowed lands therein or that may be conducive to the public health,
convenience or welfare.
(13) To Issue negotiable bonds to pay the costs of widening,
deepening and otherwise improving the channels and constructing
embankments, drains, levees and other works along the banks of natural
watercourses, to pay the cost of constructing detention dams and reservoirs
in areas adjacent to all such watercourses, to pay for the purchase or
condemnation of land necessary therefor or to prevent overflow and
protect the property located within the district from damage and injury
thereby. The bonds shall be payable by general taxation of all property
located within the district if it is determined that all property located
within the district will be benefited thereby or that such work or
improvement is necessary or will be conducive to the public health,
convenience or welfare and beneficial to all of the inhabitants of the
district. No bonds shall be issued until authorized by a vote of the
taxpayers.
(14) To Contract with other drainage districts or with public
corporations organized for similar purposes in any adjoining state for
cooperation or joint action in constructing detention dams and reservoirs in
areas adjacent to any natural watercourse or in constructing levees along
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the banks or otherwise improving any natural watercourse to prevent its
overflow where the overflow is likely to cause injury or damage to lands
located within the territorial limits of all the cooperating districts or
corporations. The board may contract and cooperate with private
corporations and individuals owning lands located outside of the district or
state which that are subject to injury by overflow in common with lands
located within the district. The board may contract for and receive aid and
contributions from the United States, and from all public corporations the
property within which that will be benefited and with all private
corporations and individuals whose property will be benefited by the
improvement, whether the property is located within the district or within
some other district or state.
(15) To Enter contracts and exercise any of its corporate, legislative
or administrative powers necessary to accomplish the purpose of the
district's organization.
(16) To Do all other acts necessary to carry out and execute the
general powers granted under the provisions of K.S.A. 24-401 et seq., and
amendments thereto, although not specially enumerated. Before any
drainage district constructs or modifies any dam, the drainage district shall
file an application with the Kansas office of natural resources, division of
water resources of the Kansas department of agriculture pursuant to K.S.A.
82a-301, and amendments thereto.
Sec. 22. K.S.A. 24-418 is hereby amended to read as follows: 24-418.
The board of directors may cause any or all natural watercourses within
the district to be widened and deepened, walls, embankments and levees to
be constructed along the banks, and obstructions and sand bars to be
removed from the channel thereof, or such other improvements, including
detention dams and reservoirs in areas adjacent to such watercourses, to be
made thereto as may be deemed necessary to prevent the overflow of such
watercourses or protect property from damage thereby. Before any such
work shall be contracted for, plans and specifications for such work and an
estimate of the cost thereof shall be made under oath by a competent
engineer appointed for the purpose and embodied in a written report and
filed with the secretary. If, upon consideration of such report and such
other information as the board of directors may obtain, it shall be
determined by the board of directors that the improvement of any natural
watercourse by the removal of obstructions from the channel thereof or
otherwise or the construction of any levee, levees, system of levees or
detention dams and reservoirs will prevent the overflow of such natural
watercourse, and thereby protect all of the lands within the drainage
district from injury therefrom, and will be conducive to the public health,
convenience or welfare, the board of directors shall have power to cause
such levee, levees or such detention dams and reservoirs to be constructed
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and such other improvement and work to be done, and to issue bonds not
exceeding in amount 20% on the taxable property of the district as shown
by the assessment and tax rolls of the next preceding year to pay the cost
thereof, such bonds to be paid by a general tax to be levied upon all of the
taxable property within the drainage district issuing the same, except that:
(1) Such improvement shall not be made until it has been authorized by a
vote of the taxpayers of the district, at a special election to be called and
held for that purpose at such time and place and in such manner as the
board of directors may prescribe by an order entered upon its journal; and
(2) the board of directors of the drainage district shall have no power to
remove, lower or injure any dam constructed by any city in this state in or
across any nonnavigable natural watercourse for the purpose of holding or
storing water for the use of the city and its inhabitants, or to make any
excavation or ditch to permit the flow of water around or by said dam,
without first filing an application with the Kansas office of natural
resources, division of water resources of the Kansas department of
agriculture pursuant to K.S.A. 82a-301, and amendments thereto.
Sec. 23. K.S.A. 24-656 is hereby amended to read as follows: 24-656.
The following terms whenAs used in this act shall be construed to have the
meaning ascribed to them in this section:
(a) "Person" shall mean means any person, firm, partnership,
association or corporation;
(b) "publication" shall mean means the publication in a newspaper or
newspapers admitted to the United States mail as second-class matter, of
general circulation within the joint drainage district;
(c) "land" shall mean means real property as that term is defined by
the laws of the state of Kansas, and shall include includes any road,
highway, bridge, street or other right-of-way;
(d) "chief engineer" shall mean means the chief engineer of the
Kansas office of natural resources, division of water resources of the
Kansas department of agriculture;
(e) "board" shall mean means the board of directors of a joint
drainage district;
(f) "qualified voter" shall mean means any qualified elector of the
district and any person 18 years of age or over owning land within the
district, although not a resident therein;
(g) "landowner" shall mean means the record owner of the fee in any
real estate in the district or the fee in the surface rights of any real estate in
the district, but the owners of an oil and gas lease, mineral rights or
interest, easements or mortgages as such shall not be considered
landowners, and school districts, cemetery associations and municipal
corporations shall not be considered landowners; and
(h) "steering committee" shall be means the group of not less than
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three (3) qualified voters who shall serve as the governing body of the
proposed drainage district until the first board of directors is elected.
Sec. 24. K.S.A. 24-659 is hereby amended to read as follows: 24-659.
SaidThe petition required by K.S.A. 24-658, and amendments thereto, shall
set forth: (1) The proposed name of the district, which name shall end with
the words "joint drainage 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 that petitions for their organization are received in his or her the
secretary's office.
(2) A description of the lands to be included within the proposed
district, identified by section numbers and fractions thereof, and other
platted areas as appropriate.
(3) A statement of the purposes for which the district is to be
organized.
(4) A statement that the board of directors of the district shall consist
of not less than three members giving the names and addresses of the
persons who will constitute the original steering committee.
(5) Any other matter deemed essential.
(6) A prayer for the organization of the district as a nonprofit
corporation.
A map showing the lands to be included in the district, prepared in
consultation with the chief engineer, shall be attached to the petition as an
exhibit and incorporated therein by reference. The petition shall be in
substantially the following form:
BEFORE THE SECRETARY OF STATE OF THE STATE OF KANSAS
In the Matter of ________ Joint Drainage District Number ____,
__________ and __________ counties, Kansas.
PETITION
Come now the undersigned persons and state that they are landowners
within the proposed boundaries of the aforenamed drainage district,
hereinafter more fully described, and that each signer states that his
respective post-office address is set forth beside his 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 not less than three members; that the names of persons
who will serve on the original steering committee, of which the first
named shall be acting chairman, 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 not less than three qualified voters.
That attached hereto, marked Exhibit A and made a part hereof as fully
as if set forth herein, is a map showing the lands proposed to be included
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in the district.
That the lands proposed to be included in said district are described as
follows:
(Description of lands.)
That the lands proposed to be included in said district do not embrace
the territorial limits of any incorporated city, or any part thereof, except
those specifically described in the petition.
Wherefore, the undersigned, individually and collectively, pray that a
joint drainage 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 Kansas office of natural resources, 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 ________, ____.
Sec. 25. K.S.A. 24-1202 is hereby amended to read as follows: 24-
1202. The following terms when As used in this act shall be construed to
have the meaning ascribed to them in this section:
(a) "Person" shall mean means any person, firm, partnership,
association or corporation;
(b) "publication" shall mean means the publication in a newspaper or
newspapers admitted to the United States mail as second-class matter, of
general circulation within the watershed district;
(c) "land" shall mean means real property as that term is defined by
the laws of the state of Kansas, and shall include includes any road,
highway, bridge, street or other right-of-way;
(d) "chief engineer" shall mean means the chief engineer of the
Kansas office of natural resources, division of water resources of the
Kansas department of agriculture;
(e) "board" shall mean means the board of directors of a watershed
district;
(f) "district" shall mean means an area comprising a watershed or two
or more adjoining watersheds exclusive of lands within other organized
watershed districts for which where organization is proposed or which that
has been organized under the provisions of article 12 of chapter 24 of the
Kansas Statutes Annotated, and amendments thereto. The district shall not
include the territorial limits of any incorporated city unless the petition
circulated and filed as provided for in article 12 of chapter 24 of the
Kansas Statutes Annotated, and amendments thereto, shall clearly indicate
indicates that the territory of such a city is to be included in such
watershed district;
(g) "specific project" means any project outlined and proposed by the
directors and may constitute all or part of a general plan;
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(h) "watershed" shall mean means all of the area within the state
draining toward a selected point on any watercourse, stream, lake or
depression;
(i) "subwatershed" shall mean means a division of the district as
nearly equal in size to other divisions of the district as feasible and
including as nearly as practicable one or more tributaries to the main
stream which that drains from the district;
(j) "qualified voter" shall mean means any qualified elector of the
district and any person 18 years of age or over owning land within the
district, although not a resident therein;
(k) "landowner" shall mean means the record owner of the fee in any
real estate in the district or the fee in the surface rights of any real estate in
the district , but the . "Landowner" does not include owners of an oil and
gas lease, mineral rights or interest, easements or mortgages as such shall
not be considered landowners, and , school districts, cemetery associations
and municipal corporations shall not be considered landowners;
(l) "steering committee" shall be means the group of qualified voters,
not less than the number to be chosen for the board of directors, who shall
serve as the governing body of the proposed watershed district until the
first board of directors is elected; and
(m) "general plan" shall mean means a preliminary engineering report
describing the characteristics of the district, the nature and methods of
dealing with the soil and water problems within the district, and the
projects proposed to be undertaken by the district. It shall include
"General plan" includes maps, descriptions and such other data as may be
necessary for the location, identification and establishment of the character
of the work to be undertaken and such other data and information as the
chief engineer may require.
Sec. 26. K.S.A. 24-1204 is hereby amended to read as follows: 24-
1204. The petition required by K.S.A. 24-1203, and amendments thereto,
shall set forth:
(1) The proposed name of the district, which name shall end with the
words "watershed district number ____________." If the district is located
in two or more counties the name of the district shall end with the words
"watershed joint 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 their organization are received thereby.
(2) A description of the lands to be included within the proposed
district, separated as to subwatersheds, if any, and identified by section
numbers and fractions thereof, and other platted areas as appropriate.
(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
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board of directors of the district, which shall be an uneven number of not
less than three and not more than 15, together with the names and
addresses of the persons who will constitute the original steering
committee.
(5) Any other matter deemed essential.
(6) A prayer for the organization of the districts as a nonprofit
corporation.
A map showing the lands to be included in the district and
subwatersheds therein, prepared in consultation with the chief engineer,
shall be attached to the petition as an exhibit and incorporated therein by
reference. The petition shall be in substantially the following form:
BEFORE THE SECRETARY OF STATE OF THE STATE OF KANSAS
In the Matter of __________ Watershed (Joint) District Number ____,
__________ and __________ counties, Kansas.
PETITION
Come now the undersigned persons and state that they are landowners
within the proposed boundaries of the aforenamed watershed 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 ______ members; that the names of persons
who will serve on the original steering committee, of which the first
named shall be acting chairman, 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 voters.
That attached hereto, marked Exhibit A and made a part hereof as fully
as if set forth herein, is a map showing the lands proposed to be included
in the district and subwatersheds therein:
That the lands proposed to be included in the district and subwatersheds
therein are described as follows:
(Description of lands by subwatersheds.)
That the lands proposed to be included in the district and subwatersheds
therein do not embrace the territorial limits of any incorporated city, or any
part thereof, except those specifically described in the petition.
Wherefore, the undersigned, individually and collectively, pray that a
watershed 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 Kansas office of natural resources, division of water
resources of the Kansas department of agriculture proceed diligently in the
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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 __________,
____.
Sec. 27. K.S.A. 24-1211 is hereby amended to read as follows: 24-
1211. (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 by one publication in a newspaper of general
circulation in each of the counties of which said where such watershed
district is a part. Elections shall be by ballot. Qualified voters in attendance
shall be entitled to vote at any such meeting. The directors shall fill any
vacancy occurring on the board prior to the expiration of the term of any
director by electing a substitute director to serve for the unexpired term.
(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
proposition of making such change or changes is given at the annual
meeting immediately preceding the annual meeting at which when such
change or changes are considered. If the number of directors is proposed to
be changed, the proposition shall be introduced in the same manner as
other items of business and shall clearly show the changes in
representation of subwatersheds, if any, and in the length of terms of the
directors. It shall be the duty of the board of directors to include the
proposition in the notice of the annual meeting at which when such
changes are being considered. If a majority of those voting are favorable,
the election of directors shall be in conformance with the adopted proposal
and all powers shall be exercised by the newly constituted board beginning
immediately after the annual meeting. Copies of the minutes of the annual
meeting and report on the financial condition and activities of the district
shall be furnished to the Kansas department of agriculture office of natural
resources, division of conservation.
Sec. 28. K.S.A. 24-1212 is hereby amended to read as follows: 24-
1212. Regular meetings of the board of directors shall be held no less than
once each quarter on such 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 prior to the date thereof, and special meetings may be held at any
time upon waiver of notice of such meeting by all directors or may be
called by the president or any two directors at any time. Notice in writing,
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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 the 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 Kansas department of agriculture office of natural
resources, division of conservation.
Sec. 29. K.S.A. 2024 Supp. 32-1403 is hereby amended to read as
follows: 32-1403. The division of tourism of the Kansas department of
commerce is hereby authorized and empowered to:
(a) Encourage and promote the traveling public to visit this state by
publicizing information as to the recreational, historic and natural
advantages of the state and its facilities for transient travel and to contract
with organizations for the purpose of promoting tourism within the state;
(b) request other state agencies such as, but not limited to, the Kansas
water office of natural resources, the department of wildlife and parks and
the department of transportation, for assistance and all such agencies shall
coordinate information and their respective efforts with the department to
most efficiently and economically carry out the purpose and intent of this
subsection section; and
(c) solicit and receive moneys from any public or private source and
administer a program of matching grants to provide assistance to those
entities described in K.S.A. 32-1420, and amendments thereto, in the
promotion of tourism and the development of quality tourist attractions in
this state.
Sec. 30. K.S.A. 42-701 is hereby amended to read as follows: 42-701.
(a) A majority of the qualified owners of irrigable lands within a proposed
irrigation district who shall be three or more persons and who own,
collectively, at least 60 acres of land which that are susceptible of
irrigation, and who own a majority of the irrigable acres in such proposed
district, may petition and make application to the chief engineer of the
Kansas office of natural resources, division of water resources of the
Kansas department of agriculture , for the organization, establishment and
authority to incorporate an irrigation district under the provisions of this
act. Qualified owners of irrigable land shall be understood and construed
to mean taxpayers of such proposed district owning irrigable land or some
interest therein, in such proposed district. A qualified owner of irrigable
land who is a tenant in common shall be understood and construed to own
the number of acres of land to which that such person would be entitled to
in the event that partition were made of such real estate, in kind, upon an
acreage basis and not a valuation basis. A qualified owner of irrigable land
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who is a joint tenant shall be understood and construed to own the number
of acres such person would receive in the event that the tract of land
involved were divided, in kind, equally among the joint tenants owning
such tract, upon an acreage basis and not upon a valuation basis. A
corporation incorporated under the provisions of K.S.A. 17-5901, and
amendments thereto, trust, association or partnership which that legally
holds title to such irrigable land shall be a qualified owner of irrigable land
under the provisions of this act. Lands to be included in a district need not
be contiguous. Irrigation districts may be formed in order to cooperate
with the United States under the federal reclamation laws, heretofore or
hereafter enacted, or under any act of congress which that shall permit the
performance by the United States of work in this state for the purpose of
construction of irrigation works, including drainage works, or for
purchase, extension, operation, or maintenance of constructed works, or
for the assumption, as a principal or guarantor, of indebtedness to the
United States on account of district works. When organized, irrigation
districts shall have the authority and power conferred, or that may
hereafter be conferred, by law upon such irrigation districts.
(b) The certificate of the register of deeds of the county where the
land is located shall be sufficient evidence of title for the purposes of this
act. Before any such district shall be established, the requisite number of
qualified owners of irrigable lands, shall file an application with the chief
engineer of the Kansas office of natural resources, division of water
resources of the Kansas department of agriculture , for the approval of the
creation of the proposed district. Such application shall be accompanied by
adequate maps, a general description of the lands proposed to be included
in the district and a statement of the source of water supply for the district,
and such application shall set forth: (1) The proposed name of the
irrigation district designated as "__________ Irrigation District No.
______" (indicating in blank space number of district in consecutive order
as incorporated and established); (2) a description of the territory proposed
to be organized as a district, which description shall be deemed sufficient
if generally accurate; (3) the names of the qualified owners of irrigable
lands within the proposed district, together with addresses of such persons,
if known; (4) the source from which the lands in the proposed district are
expected to be irrigated, the character of the works, water rights, canals,
ditches, and other property, proposed to be acquired or constructed for
irrigation or drainage purposes in such district; (5) a statement of the need
and purpose of organizing, incorporating and establishing such proposed
district; and (6) a request that the chief engineer define the boundaries of
the lands to be benefited within the proposed district, and for approval of
maps, plans and specifications submitted and for a permit approving
organization of proposed irrigation district. Such application for authority
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to incorporate shall be accompanied by application for acquisition of
permit for use of water.
Sec. 31. K.S.A. 42-703 is hereby amended to read as follows: 42-703.
(a) Upon receipt of the application of the proposed irrigation district by the
chief engineer, the chief engineer shall cause to be published at applicant's
expense, once each week for three consecutive weeks, in a newspaper or
newspapers of general circulation in the vicinity of the watercourse or
source of supply from which water is sought for the land to be included in
the proposed irrigation district, a notice of hearing upon such application.
The published notice shall be directed to all persons concerned, without
specifically naming any person. Such notice shall contain among other
matters a general description of boundaries of the district as proposed; the
purpose of the district as proposed; the source of the water supply sought
for use and the approximate point of diversion proposed; and the date and
place of hearing. Incorporated cities shall be excluded from such district.
Any person interested, at any time after first publication of such notice and
prior to the expiration of 60 days after the first publication of such notice,
may file in duplicate with the chief engineer, a verified written protest
against the approval of such application, stating therein all reasons relied
upon in objection thereto, which such objections shall be duly considered
by the chief engineer.
(b) A person who signs a petition and application for the organization
and incorporation of a proposed irrigation district shall be permitted to
withdraw such person's name as a signer only if the chief engineer
determines that the signature was obtained by fraud, undue influence or
mutual mistake of fact. All applications for withdrawal of a signature from
the petition must be filed with the chief engineer, within 30 days after the
first publication of the notice of hearing. The chief engineer may hear and
determine any such application for withdrawal of a signature in advance of
the hearing for approval of the petition for establishment and organization
of the proposed irrigation district.
(c) Any action of the chief engineer upon an application of a
proposed irrigation district is subject to review in accordance with the
provisions of K.S.A. 82a-1901, and amendments thereto. Any action upon
such review is subject to review in accordance with section 8, and
amendments thereto, and the Kansas judicial review act.
Sec. 32. K.S.A. 42-722 is hereby amended to read as follows: 42-722.
(a) Except as provided by K.S.A. 42-722a, and amendments thereto,
whenever a petition signed by a majority of the members of the board of
directors of an irrigation district, or by a majority of the qualified owners
of irrigable land within a district as defined in K.S.A. 42-701, and
amendments thereto, organized or existing under provisions of this act, is
presented to the chief engineer praying for the dissolution of the district,
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and it shall appear appears from the petition that the district has no real
property; that , the board of directors has not held a meeting, other than
those meetings held for the purpose of considering any aspect of the
election of members of the board of directors, for more than one year prior
to the date resulting in signing and presentation of the petition; and that the
district is not functioning, had ceased to function and will probably
continue inoperative and that all indebtedness and obligations of the
district have been satisfied, the chief engineer, after such finding, shall
issue a certificate in duplicate, declaring the irrigation district dissolved.
The chief engineer shall forward the original of the certificate to the
secretary of state and the duplicate to the secretary of the board of
directors of the irrigation district.
(b) The certificate shall:
(a)(1) Direct the secretary of the district to file all minutes and
records of the district with the county clerk of the county wherein the
registered office of the irrigation district is located;
(b)(2) direct the officer of such district having custody of any
personal property other than moneys to make such disposition as the chief
engineer deems proper; and
(c)(3) direct the treasurer of such district to transfer to the county
treasurers of the counties within such district, moneys held in the name of
the district, to be distributed by such treasurer in proportion to the number
of acres of each county within the district.
(c) The county treasurer shall deposit such moneys into the county
general fund.
(d) The irrigation district shall be dissolved and cease to exist upon
expiration of 30 days after the date of the issuance of such certificate, or
upon expiration of 30 days after a final order pursuant to K.S.A. 2000
Supp. 82a-1901 section 8 , and amendments thereto, or a final judicial
determination affirming the findings of the chief engineer, as set out in the
certificate, in event that an appeal is taken therefrom.
Sec. 33. K.S.A. 42-722a is hereby amended to read as follows: 42-
722a. (a) The board of directors of Cedar Bluff irrigation district No. 6
may present a petition, adopted by a majority of the directors, to the chief
engineer requesting the dissolution of such district. The petition shall state
the district has no real property ; and that , the district is not functioning,
had ceased to function and probably will continue inoperative ; and that all
indebtedness and obligations of the district have been satisfied. Upon
finding that the petition is true, the chief engineer shall issue a certificate
in duplicate, declaring the irrigation district dissolved, and shall forward
the original of the certificate to the secretary of state and the duplicate to
the secretary of the board of directors of the irrigation district.
(b) The certificate shall:
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(a)(1) Direct the secretary of the district to file all minutes and
records of the district with the county clerk of the county wherein where
the registered office of the irrigation district is located;
(b)(2) direct the officer of such district having custody of any
personal property other than moneys to make such disposition as the chief
engineer deems proper; and
(c)(3) direct the treasurer of such district to distribute moneys held in
the name of the district to the owners of property within the irrigation
district.
(c) Such moneys shall be apportioned to each property owner in the
district in the same proportion that the number of irrigable acres owned by
a property owner, and located in such district, bears to the total number of
irrigable acres in the district.
(d) The irrigation district shall be dissolved and cease to exist upon
expiration of 30 days after the date of the issuance of such certificate, or
upon expiration of 30 days after a final order pursuant to K.S.A. 2000
Supp. 82a-1901 section 8, and amendments thereto, or final judicial
determination affirming the findings of the chief engineer, as set out in the
certificate, in event that an appeal is taken therefrom.
Sec. 34. K.S.A. 42-725 is hereby amended to read as follows: 42-725.
The holders of title, representing one-half 1/2 or more of lands which taken
together constitute one tract of land located adjacent to the boundaries of
an irrigation district or located within the same county as a part of an
irrigation district, may file with the directors of such irrigation districts, a
petition for the changing and extending the boundaries of such district to
include such additional lands. The holders of title to lands located within
the boundaries of an irrigation district may file with the directors of such
irrigation district a petition for the changing of the boundaries of such
district to exclude from the district lands which they that such holders of
title own. The petition shall describe the boundaries of the proposed
additional lands or lands to be excluded, and shall describe the boundaries
of the several parcels respectively owned by each of the petitioners, but
such description need not be more particular than is required by fractional
portions of a quarter section of land. A certified copy of the petition and
description of additional lands, proposed to be included in the district, or a
description of the lands proposed to be excluded shall be filed with the
chief engineer of the Kansas office of natural resources, division of water
resources of the Kansas department of agriculture . The board of directors
of the irrigation district shall not take action upon such petition without the
approval of said the chief engineer. A signer upon such petition shall not
be permitted to withdraw his name as a signer except for fraud, undue
influence or mutual mistake of fact.
Sec. 35. K.S.A. 2024 Supp. 49-603 is hereby amended to read as
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follows: 49-603. As used in this the surface-mining land conservation and
reclamation act:
(a) "Director" means the executive director of the division or a
designee.
(b) "Affected land" means the area of land from which where
overburden has been removed or upon which overburden has been
deposited, or both , but shall . "Affected land" does not include crushing
areas, stockpile areas or roads.
(c) "Commission" means the conservation program policy board
created in K.S.A. 2-1904, and amendments thereto, including the state
conservation commission continued in existence by K.S.A. 74-5,128, and
amendments thereto.
(d) "Mine" means any underground or surface mine developed and
operated for the purpose of extracting rocks, minerals and industrial
materials, other than coal, oil and gas. "Mine" does not include borrow
areas created for construction purposes.
(e) "Operator" means any person who engages in surface mining or
operation of an underground mine or mines.
(f) "Overburden" means all of the earth and other materials that lie
above the natural deposits of material being mined or to be mined.
(g) "Peak" means a projecting point of overburden removed from its
natural position and deposited elsewhere in the process of surface mining.
(h) "Pit" means a tract of land from which where overburden has been
or is being removed for the purpose of surface mining.
(i) "Ridge" means a lengthened elevation of overburden removed
from its natural position and deposited elsewhere in the process of surface
mining.
(j) (1) "Surface mining" means the mining of material, except for
coal, oil and gas, for sale or for processing or for consumption in the
regular operation of a business by removing the overburden lying above
natural deposits and mining directly from the natural deposits exposed, or
by mining directly from deposits lying exposed in their natural state, or the
surface effects of underground mining. "Surface mining shall include "
includes dredge operations lying outside the high banks of streams and
rivers.
(2) "Surface mining" does not include removal of overburden and
mining of limited amounts of any materials shall not be considered surface
mining when done only for the purpose and to the extent necessary to
determine the location, quantity or quality of the natural deposit, if the
materials removed during exploratory excavation or mining are not sold,
processed for sale or consumed in the regular operation of a business.
(k) "Topsoil" means the natural medium located at the land surface
with favorable characteristics for growth of vegetation, which is normally
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the A or B, or both, soil horizon layers of the four soil horizons.
(l) "Active site" means a site where surface mining is being
conducted.
(m) "Inactive site" means a site where surface mining is not being
conducted but where overburden has been disturbed in the past for the
purpose of conducting surface mining and an operator anticipates
conducting further surface mining operations in the future.
(n) "Materials" means natural deposits of gypsum, clay, stone,
sandstone, sand, shale, silt, gravel, volcanic ash or any other minerals of
commercial value found on or in the earth with the exception of coal, oil
and gas and those located within cut and fill portions of road rights-of-
way.
(o) "Reclamation" means the reconditioning of the area of land
affected by surface mining to a usable condition for agricultural,
recreational or other use.
(p) "Stockpile" means the finished products of the mining of gypsum,
clay, shale, stone, sandstone, sand, silt, gravel, volcanic ash or other
minerals and removal from its natural position and deposited elsewhere for
future use in the normal operation as a business.
(q) "Underground mining" means the extraction of rocks, minerals
and industrial materials, other than coal, oil and gas, from the earth by
developing entries or shafts from the surface to the seam or deposit before
recovering the product by underground extraction methods.
(r) "Person" means any individual, firm, partnership, corporation,
government or other entity.
(s) "Division" means the Kansas office of natural resources, division
of conservation established within the Kansas department of agriculture in
K.S.A. 74-5,126 in section 4, and amendments thereto.
(t) "Secretary" means the Kansas secretary of agriculture "Executive
director" means the executive director of the Kansas office of natural
resources.
Sec. 36. K.S.A. 2024 Supp. 49-606 is hereby amended to read as
follows: 49-606. (a) The secretary executive director, at the request of the
director, may deny issuance or renewal of a license for repeated or willful
violation of the provisions of this act or for failure to comply with any
provision of a reclamation plan.
(b) The secretary executive director , at the request of the director,
may suspend or revoke a license for repeated or willful violation of any of
the provisions of this act or for failure to comply with any provision of a
reclamation plan. Proceedings for the suspension or revocation of a license
pursuant to this section shall be conducted in accordance with the Kansas
administrative procedure act by the secretary executive director or a
presiding officer from the office of administrative hearings.
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Sec. 37. K.S.A. 2024 Supp. 49-611 is hereby amended to read as
follows: 49-611. (a) An operator authorized under this act to operate a
mine, after completion of mining operations and within the time specified
in K.S.A. 49-613, and amendments thereto, shall:
(1) Grade affected lands except for impoundments and pit floors to
slopes no steeper than one foot vertical rise for each three feet of
horizontal distance. Where the original topography of the affected land
was steeper than one foot of vertical rise for each three feet of horizontal
distance, the affected lands may be graded to blend with the surrounding
terrain. The grading of high banks of sand pits and highwalls may be
modified or exempted by the director.
(2) Provide for the vegetation of the affected lands, except for
impoundments, pit floors and highwalls, as approved by the director
before the release of the bond as provided in K.S.A. 49-616, and
amendments thereto.
(b) Notwithstanding subsection (a), overburden piles where
disposition has not occurred or will not occur for a period of 12 months
shall be stabilized.
(c) Topsoil that is a part of overburden shall not be buried or
destroyed in the process of mining.
(d) The director, with concurrence of the secretary executive director,
may grant a variance from the requirements of subsections (a) and (b).
(e) A bond or security posted under this act to assure reclamation of
affected lands shall not be released until all reclamation work required by
this section has been performed in accordance with the provisions of this
act, except when a replacement bond or security is posted by a new
operator or responsibility is transferred under K.S.A. 49-610, and
amendments thereto.
Sec. 38. K.S.A. 2024 Supp. 49-613 is hereby amended to read as
follows: 49-613. (a) An operator shall reclaim affected lands within a
period not to exceed three years after the filing of the report required under
K.S.A. 49-612(b), and amendments thereto, indicating the mining of any
part of a site has been completed.
(b) For certain postmining land uses, such as a sanitary land fill, the
director, with the approval of the secretary executive director, may allow
an extended reclamation period.
(c) An operator, upon completion of any reclamation work required
by K.S.A. 49-611, and amendments thereto, shall apply to the director in
writing for approval of the work. The director, within a reasonable time,
shall inspect the completed reclamation work. Upon determination by the
director that the operator has satisfactorily completed all required
reclamation work on the land included in the application, the director shall
release the bond or security on the reclaimed land, shall remove the land
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from registration and shall terminate or amend, as necessary, the operator's
authorization to conduct surface mining on the site.
(d) Periodic inspections may be conducted by the director or the
director's designee to ensure that the operator is following the reclamation
plan.
Sec. 39. K.S.A. 2024 Supp. 49-618 is hereby amended to read as
follows: 49-618. (a) The director or the director's designee, when
accompanied by the operator or operator's designee during regular
business hours, may inspect any lands on which any operator is authorized
to operate a mine for the purpose of determining whether the operator is or
has been complying with the provisions of this act.
(b) The director shall give written notice to any operator who violates
any of the provisions of this act or any rules and regulations adopted by
the director pursuant to this act.
(c) If corrective measures approved by the director are not
commenced within 90 days, the secretary executive director shall, at the
request of the director, issue a written order stating the nature of the
violation, the penalty to be imposed and the right of the person to appeal to
the secretary pursuant to K.S.A. 49-621, and amendments thereto.
Sec. 40. K.S.A. 2024 Supp. 49-620 is hereby amended to read as
follows: 49-620. Once an order issued pursuant to this act becomes a final
order, the secretary executive director, upon request of the director, shall
institute proceedings for forfeiture of the bond posted by an operator to
guarantee reclamation of a site where the operator is in violation of any of
the provisions of this act or any rule and regulation adopted by the director
pursuant to this act. Forfeiture of the operator's bond shall fully satisfy all
obligations of the operator to reclaim affected land covered by the bond.
The director shall have the power to reclaim, as required by K.S.A. 49-
611, and amendments thereto, any surface mined land with respect to
which a bond has been forfeited, using the proceeds of the forfeiture to pay
for the necessary reclamation work.
Sec. 41. K.S.A. 2024 Supp. 49-621 is hereby amended to read as
follows: 49-621. (a) The secretary executive director, upon finding that the
operator has failed to comply with any provision of this act, any provision
of a reclamation plan or any condition of a license or site registration with
which the operator is required to comply pursuant to this act, may impose
upon the operator a civil penalty not exceeding $1,000 for each day of
noncompliance.
(b) All civil penalties assessed pursuant to this section shall be due
and payable within 35 days after written notice of the imposition of a civil
penalty has been served upon whom the penalty is being imposed, unless a
longer period of time is granted by the secretary executive director or
unless the operator appeals the assessment as provided in this section.
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(c) No civil penalty shall be imposed under this section except upon
the written order of the secretary executive director or the secretary's
executive director's designee to the operator upon whom the penalty is to
be imposed, stating the nature of the violation, the penalty imposed and the
right of the operator upon whom the penalty is imposed to appeal to the
director for a hearing on the matter. An operator upon whom a civil
penalty has been imposed may appeal, within 15 days after service of the
order imposing the civil penalty, to the secretary executive director . If
appealed, a hearing shall be conducted in accordance with the provisions
of the Kansas administrative procedure act. The decision of the secretary
executive director shall be final unless review is sought under subsection
(d).
(d) Any action of the secretary executive director pursuant to this
section is subject to review in accordance with the Kansas judicial review
act.
Sec. 42. K.S.A. 2024 Supp. 49-623 is hereby amended to read as
follows: 49-623. (a) The secretary executive director, with the approval of
the commission, shall adopt such rules and regulations as necessary to
administer and enforce the provisions of this act.
(b) The director shall determine annually the amount necessary to
carry out and enforce the provisions of this act for the next ensuing fiscal
year and shall recommend to the secretary executive director such license
renewal, registration application, registration and registration renewal fees
as the director determines necessary for that purpose. The executive
director shall adopt such fees by rules and regulations.
(c) Before the executive director submits any such proposed rules and
regulations to the director of the budget, the secretary of administration
and the attorney general in accordance with the rules and regulations filing
act, K.S.A. 77-415 et seq., and amendments thereto:
(1) The executive director shall submit such rules and regulations to
the commission; and
(2) the commission shall review and make recommendations to the
director and the secretary executive director regarding such proposed rules
and regulations.
(d) Fees for license renewal, registration and registration renewal
shall be based on an operator's acres of affected land or the tonnage of
materials extracted by the operator during the preceding license year, or a
combination thereof.
(e) Political subdivisions of the state shall be exempt from all fees
imposed under this act.
Sec. 43. K.S.A. 2024 Supp. 55-153 is hereby amended to read as
follows: 55-153. There is hereby established the advisory committee on
regulation of oil and gas activities to be composed of 12 members. One
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member shall be appointed by each of the following associations: Kansas
petroleum council, Kansas independent oil and gas association and eastern
Kansas oil and gas association. One member shall be appointed jointly by
the Kansas farm bureau and Kansas livestock association and such person
shall be an owner of a surface interest. One member shall be appointed
jointly by the southwest Kansas royalty owners association and the eastern
Kansas royalty owners association and such person shall be an owner of a
mineral interest. One member shall be appointed by the governor from the
general public. One member shall represent groundwater management
districts and shall be appointed jointly by the presidents of each
groundwater management district. All such appointees shall serve at the
pleasure of the appointing authority. The following state agencies shall
designate a person as a member of such committee: The commission, the
department of health and environment, the Kansas geological survey, the
Kansas water office of natural resources, division of water policy and
planning and the division of water resources of the Kansas department of
agriculture. The designated person of the commission shall be the
chairperson of the advisory committee. The committee shall meet at least
once each quarter calendar year and upon the call of the chairperson. The
committee shall review and make recommendations on oil and gas
activities, including but not limited to current drilling methods, geologic
formation standards, plugging techniques, casing and cementing standards
and materials and all matters pertaining to the protection of waters of the
state from pollution relating to oil and gas activities.
Sec. 44. K.S.A. 68-1414 is hereby amended to read as follows: 68-
1414. Whenever it is necessary to replace, reconstruct, or repair any bridge
over any navigable river on any county road, which if such road connects
with a county road of another county within or outside this state, or to
protect any such bridge by changing the channel of the river or by the
erection of structures, such as levees, jetties or other structures necessary
to protect the new channel or such bridge, and which such bridge shall
have been destroyed or rendered impassable by flood, high water, fire or
other casualty, then the board of county commissioners is hereby
authorized and empowered to expend not to exceed the sum of $160,000 to
pay the entire cost or the county's share of the cost of such replacement,
reconstruction or repair of such bridge or such change of channel or
erection of the structures hereinbefore described. No such change of
channel shall be made without first securing the approval of the chief
engineer of the Kansas office of natural resources, division of water
resources of the Kansas department of agriculture . Such expenditure may
be made from any unallocated and available funds in the county road and
bridge fund or from revenue derived from the issuance of bonds, or from
the separate fund for the construction of roads and bridges on the county
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secondary system or from two or more of such sources, and such county is
hereby authorized to issue bonds for such purpose. Such bonds shall be
issued, registered, sold, delivered and retired in accordance with the
provisions of the general bond law and may be issued without submitting
the question of their issuance to a vote of the electors. The board of county
commissioners may receive and expend any federal, state, or other funds
made available for such improvement which expenditure may be in
addition to the amount authorized to be expended by the county. The
provisions of K.S.A. 19-214, 19-215 and 19-216, and amendments thereto,
shall be applicable to any improvement made under the authority
conferred by this section. This act shall be construed as a separate and
additional method for the replacement, reconstruction and repair of bridges
and no other law of this state except as herein expressly provided shall
apply. The total amount expended by any county under the authority
conferred by this section plus the amount expended by such county under
the authority conferred by K.S.A. 68-1413, and amendments thereto, shall
not exceed the sum of $160,000.
Sec. 45. K.S.A. 68-2203 is hereby amended to read as follows: 68-
2203. As used in the junkyard and salvage control act:
(a) The term "Junk" shall mean means old or scrap copper, brass,
rope, rags, batteries, paper, trash, rubber debris, waste, or junked,
dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other
old or scrap ferrous or nonferrous material.
(b) "Automobile graveyard" shall mean means any establishment
which is maintained, used, or operated, for storing, keeping, buying, or
selling 10 or more wrecked, scrapped, ruined, dismantled or inoperative
motor vehicles, but such term shall not include any location where motor
vehicle bodies are placed along stream banks for purposes of bank
stabilization and soil erosion control, if such placement conforms with
guidelines established by the chief engineer of the Kansas office of natural
resources, division of water resources of the Kansas department of
agriculture.
(c) "Junkyard" shall mean means an establishment which is
maintained, operated, or used for storing, keeping, buying, or selling junk,
or for the maintenance or operation of an automobile graveyard, and the
term shall include garbage dumps.
(d) "Interstate system" means that portion of the national system of
interstate and defense highways, including city connecting links and
portions of the Kansas turnpikes, located within this state, as officially
designated, or as may hereafter be so designated, by the secretary, and
approved by the proper federal authority as provided by law.
(e) "Primary system" means that portion of connected main
highways, including city connecting links, as officially designated, or as
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may hereafter be so designated, by the secretary, and approved by the
proper federal authority as provided by law.
(f) "Person" means any individual, firm, agency, company,
association, partnership, business trust, joint stock company or
corporation, including municipal corporation.
(g) "Commission" means the secretary of transportation.
(h) "Board" means the secretary of transportation.
Sec. 46. K.S.A. 74-506b is hereby amended to read as follows: 74-
506b. All of the authority, powers and duties now conferred and imposed
by law upon the Kansas water commission and the state irrigation
commissioner are hereby conferred upon the division of water resources
created by this act, under the control, administration and supervision of the
secretary of agriculture executive director.
Sec. 47. K.S.A. 74-5,121 is hereby amended to read as follows: 74-
5,121. (a) The animal health commissioner of the Kansas department of
agriculture shall be the successor in every way to the powers, duties and
functions of the Kansas animal health department and the livestock
commissioner of the Kansas animal health department in which the same
were vested prior to the effective date of K.S.A. 74-5,112 through 74-
5,132 74-5,125 , and amendments thereto. Every act performed in the
exercise of such powers, duties and functions by or under the authority of
the secretary of agriculture shall be deemed to have the same force and
effect as if performed by the Kansas animal health department and the
livestock commissioner of the Kansas animal health department in which
such powers, duties and functions were vested prior to the effective date of
K.S.A. 74-5,112 through 74-5,132 74-5,125, and amendments thereto.
(b) Whenever the Kansas animal health department or the livestock
commissioner of the Kansas animal health department, or words of like
effect, are referred to or designated by a statute, contract, memorandum of
understanding, plan, grant, waiver or other document, such reference or
designation shall be deemed to apply to the animal health division of the
Kansas department of agriculture or the animal health commissioner under
the secretary of agriculture.
(c) All rules and regulations, orders and directives of the livestock
commissioner of the Kansas animal health department that are in effect on
the effective date of K.S.A. 74-5,112 through 74-5,132 74-5,125 , and
amendments thereto, shall continue to be effective and shall be deemed to
be rules and regulations, orders and directives of the animal health division
of the Kansas department of agriculture until revised, amended, revoked or
nullified pursuant to law, by the secretary of agriculture.
(d) Before any proposed rules and regulations of the animal health
commissioner of the division of animal health of the department of
agriculture are submitted to the secretary of administration or the attorney
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general pursuant to K.S.A. 77-420, and amendments thereto:
(1) The animal health commissioner shall submit such rules and
regulations to the animal health board; and
(2) the animal health board shall review and make recommendations
to the animal health commissioner and the secretary of agriculture
regarding such proposed rules and regulations.
Sec. 48. K.S.A. 74-2608 is hereby amended to read as follows: 74-
2608. The Kansas water office of natural resources, division of water
policy and planning shall:
(a) Collect and compile information pertaining to climate, water and
soil as related to the usage of water for agricultural, industrial and
municipal purposes and the availability of water supplies in the several
watersheds of the state, and, in so doing, the office division shall collect
and compile the information obtainable from other agencies,
instrumentalities of the state, political subdivisions of the state and the
federal government.
(b) Develop a state plan of water resources management,
conservation and development for water planning areas as determined by
the office division, and cooperate with any agency or instrumentality of the
state or federal government now or hereafter engaged in the development
of plans or having developed plans affecting any such area of the state.
(c) Develop and maintain guidelines for water conservation plans and
practices. Such guidelines shall:
(1) Not prejudicially or unreasonably affect the public interest;
(2) be technologically and economically feasible for each water user
to implement;
(3) be designed to curtail the waste of water;
(4) consider the use of other water if the use of freshwater is not
necessary;
(5) not require curtailment in water use which that will not benefit
other water users or the public interest;
(6) not result in the unreasonable deterioration of the quality of the
waters of the state;
(7) consider the reasonable needs of the water user at the time;
(8) not conflict with the provisions of the Kansas water appropriation
act and the state water planning act;
(9) be limited to practices of water use efficiency except for drought
contingency plans for municipal users; and
(10) take into consideration drought contingency plans for municipal
and industrial users.
When developing such guidelines, the Kansas water office division of
water policy and planning shall consider existing guidelines of
groundwater management districts and the cost to benefit ratio effect of
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any plan.
(d) The Kansas water office division of water policy and planning ,
with the approval of the Kansas water authority, shall establish guidelines
as to when conditions indicative of drought exist. When the Kansas water
office division determines that such conditions exist in an area, it shall so
advise the governor and shall recommend the assembling of the governor's
drought response team.
Sec. 49. K.S.A. 74-2609 is hereby amended to read as follows: 74-
2609. The Kansas water office of natural resources, division of water
policy and planning may:
(a) Seek and accept grants and other financial assistance that the
federal government and other public or private sources make available and
utilize the same for any purpose which that the office is required or
authorized to study or make recommendations concerning.;
(b) contract with public agencies or with qualified private persons or
agencies to accomplish any purpose which that the office is required or
authorized to study or make recommendations concerning.;
(c) for the purpose of providing public water supply storage in either
federally funded or nonfederally funded multipurpose small lakes, acquire
water rights under the Kansas water appropriation act.; and
(d) authorize the issuance of revenue bonds for the purpose of paying
all or part of the cost of acquiring a site, constructing, reconstructing,
improving and expanding large reservoir projects or to finance the
purchase of storage in existing reservoirs as provided by K.S.A. 82a-1360
to through 82a-1368, inclusive and amendments thereto.
Sec. 50. K.S.A. 2024 Supp. 74-2622 is hereby amended to read as
follows: 74-2622. (a) (1) There is hereby established within and as a part
of the Kansas water office of natural resources, division of water policy
and planning the Kansas water authority. The authority shall be composed
of 24 members, of whom 13 shall be appointed as follows:
(A) One member shall be appointed by the governor, subject to
confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto. Except as provided by K.S.A. 46-2601, and
amendments thereto, such person shall not exercise any power, duty or
function as a member or chairperson of the water authority until confirmed
by the senate. Such member shall serve at the pleasure of the governor and
shall be the chairperson of the authority;
(B) except as provided by subsection (b), 10 members shall be
appointed by the governor for terms of four years. Of the members
appointed under this provision one shall be a representative of large
municipal water users, one shall be representative of small municipal
water users, one shall be a board member of a western Kansas
groundwater management district, one shall be a board member of a
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central Kansas groundwater management district, one shall be a member
of the Kansas association of conservation districts, one shall be
representative of industrial water users, one shall be a member of the state
association of watershed districts, one shall have a demonstrated
background and interest in water use conservation and environmental
issues, and two shall be representative of the general public. The member
who is representative of large municipal water users shall be appointed
from three nominations submitted by the league of Kansas municipalities.
The member who is representative of small municipal water users shall be
appointed from three nominations submitted by the Kansas rural water
district's association. The member who is representative of a western
Kansas groundwater management district shall be appointed from three
nominations submitted by the presidents of the groundwater management
district boards No. 1, 3 and 4. The member who is representative of a
central Kansas groundwater management district shall be appointed from
three nominations submitted by the presidents of the groundwater
management district boards No. 2 and 5. The member who is
representative of industrial water users shall be appointed from three
nominations submitted by the Kansas association of commerce and
industry. The member who is representative of the state association of
watershed districts shall be appointed from three nominations submitted by
the state association of watershed districts. The member who is
representative of the Kansas association of conservation districts shall be
appointed from three nominations submitted by the state association of
conservation districts. If the governor cannot make an appointment from
the original nominations, the nominating authority shall be so advised and,
within 30 days thereafter, shall submit three new nominations. Members
appointed by the governor shall be selected with special reference to
training and experience with respect to the functions of the Kansas water
authority, and no more than six of such members shall belong to the same
political party;
(C) one member shall be appointed by the president of the senate for
a term of two years; and
(D) one member shall be appointed by the speaker of the house of
representatives for a term of two years. The state geologist, the state
biologist, the chief engineer of the Kansas office of natural resources,
division of water resources of the Kansas department of agriculture , the
director of the division of environment of the department of health and
environment, the chairperson of the state corporation commission, the
secretary of commerce, the director of the Kansas water office of natural
resources, division of water policy and planning , the secretary of wildlife
and parks, the administrative officer of the state conservation commission,
the secretary of agriculture and the director of the agricultural experiment
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stations of Kansas state university of agriculture and applied science shall
be nonvoting members ex officio of the authority. The director of the
Kansas water office division of water policy and planning shall serve as
the secretary of the authority.
(b) A member appointed pursuant to subsection (a)(1)(B) shall be
appointed for a term expiring on January 15 of the fourth calendar year
following appointment and until a successor is appointed and qualified.
(c) In the case of a vacancy in the appointed membership of the
Kansas water authority, the vacancy shall be filled for the unexpired term
by appointment in the same manner that the original appointment was
made. Appointed members of the authority attending regular or special
meetings thereof shall be paid compensation, subsistence allowances,
mileage and other expenses as provided in K.S.A. 75-3223, and
amendments thereto.
(d) The Kansas water authority shall:
(1) Consult with and be advisory to the governor, the legislature and
the director of the Kansas water office division of water policy and
planning.
(2) Review plans for the development, management and use of the
water resources of the state by any state or local agency.
(3) Make a study of the laws of this state, other states and the federal
government relating to conservation and development of water resources,
appropriation of water for beneficial use, flood control, construction of
levees, drainage, irrigation, soil conservation, watershed development,
stream control, gauging of stream and stream pollution for the purpose of
determining the necessity or advisability of the enactment of new or
amendatory legislation in this state on such subjects.
(4) Make recommendations to other state agencies and political
subdivisions of the state for the coordination of their activities relating to
flood control, construction of levees, drainage, irrigation, soil
conservation, watershed development, stream control, gauging of stream,
stream pollution and groundwater studies.
(5) Make recommendations to each regular session of the legislature
and to the governor at such times as the authority considers advisable
concerning necessary or advisable legislation relating to any of the matters
or subjects that it is required by this act to study for the purpose of making
recommendations to the legislature. All such recommendations to the
legislature shall be in drafted bill form together with such explanatory
information and data as the authority considers advisable.
(6) Approve, prior to submission to the legislature by the Kansas
water office division of water policy and planning or its director:
(A) Any contract entered into pursuant to the state water plan storage
act;
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(B) any amendments to the state water plan or the state water
planning act; and
(C) any other legislation concerning water resources of the state.
(7) Approve, before they become effective, any policy changes
proposed by the Kansas water office division of water policy and planning
concerning the pricing of water for sale pursuant to the state water plan
storage act.
(8) Approve, before it becomes effective, any agreement entered into
with the federal government by the Kansas water office division of water
policy and planning.
(9) Request any agency of the state, which shall have the duty upon
that request, to submit its budget estimate pertaining to the state's water
resources and any plans or programs related thereto and, upon the
authority's receipt of such budget estimate, review and evaluate it and
furnish recommendations relating thereto to the governor and the
legislature.
(10) Approve, prior to adoption by the director of the Kansas water
office division of water policy and planning, rules and regulations
authorized by law to be adopted.
(11) Approve, prior to adoption by the director of the Kansas water
office division of water policy and planning , guidelines for conservation
plans and practices developed pursuant to K.S.A. 74-2608(c), and
amendments thereto.
(e) The Kansas water authority may appoint citizens' advisory
committees to study and advise on any subjects upon which the authority
is required or authorized by this act to study or make recommendations.
(f) The provisions of the Kansas governmental operations
accountability law apply to the Kansas water authority, and the authority is
subject to audit, review and evaluation under such law.
Sec. 51. K.S.A. 74-99f04 is hereby amended to read as follows: 74-
99f04. (a) There is hereby established the Kansas geographic information
systems policy board within the office of information technology services.
(b) The board shall consist of 23 members:
(1) The governor shall appoint 11 members as follows: Five
representatives of local government, including cities, counties or local
government consortia of cities, counties, non-profit and private sector
enterprises. Such members may include, but are not limited to,
representatives from city and county commissions or planning councils,
tribal government, law enforcement, county clerks, county appraisers and
emergency planning divisions; two representatives of the board of regents
institutions; and two executives representing the private sector. Members
from the private sector may include, but are not limited to, representatives
from the trucking industry, utilities, telecommunications, publishers,
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agriculturalists, oil and gas industry, chambers of commerce, aircraft and
auto industry and the banking community; and two representatives from
relevant statewide businesses or professional organizations, such as
statewide associations of groundwater management districts, emergency
planning, law enforcement, licensed surveyors and other relevant technical
professions or agriculture-related businesses.
(2) The remaining 12 members shall be the:
(A) The Executive chief information technology officer of the office
of information technology services or such officer's designee;
(B) the director of the Kansas water office of natural resources,
division of water policy and planning or such director's designee;
(C) the state biologist of the Kansas biological survey or the state
biologist's designee;
(D) the state geologist of the Kansas geological survey or the state
geologist's designee;
(E) the executive director of the Kansas historical society or such
executive director's designee;
(F) the secretary of agriculture or such secretary's designee;
(G) the secretary of health and environment or such secretary's
designee;
(H) the director of legislative research of the legislative research
department or such director's designee;
(I) the secretary of revenue or such secretary's designee;
(J) the secretary of transportation or such secretary's designee;
(K) the state librarian or such librarian's designee; and
(L) the executive director of the information network of Kansas or
such executive director's designee.
(c) Members appointed by the governor under subsection (b)(1) shall
be appointed for a four-year term and until such member's successors are
appointed and qualified, except as provided in subsection (d). Members
not appointed by the governor under subsection (b)(1) shall serve
consistent with their terms of office, employment or appointment.
(d) The governor may remove a member from the board for lack of
attendance or lack of participation.
(e) The governor shall select a chairperson and vice-chairperson from
among the members of the board who shall serve as chairperson and vice-
chairperson at the discretion of the governor. The board may elect other
officers among its members and may establish any committees deemed
necessary to discharge its duties.
(f) Board members shall not receive compensation, subsistence
allowance, mileage or associated expenses from the state. Officers or
employees of state agencies who serve on the board shall be authorized to
serve on the board as part of their duties.
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Sec. 52. K.S.A. 2024 Supp. 75-3036 is hereby amended to read as
follows: 75-3036. (a) The state general fund is exclusively defined as the
fund into which shall be placed all public moneys and revenue coming into
the state treasury not specifically authorized by the constitution or by
statute to be placed in a separate fund, and not given or paid over to the
state treasurer in trust for a particular purpose, which unallocated public
moneys and revenue shall constitute the general fund of the state. Moneys
received or to be used under constitutional or statutory provisions or under
the terms of a gift or payment for a particular and specific purpose are to
be kept as separate funds and shall not be placed in the general fund or
ever become a part of it.
(b) The following funds shall be used for the purposes set forth in the
statutes concerning such funds and for no other governmental purposes. It
is the intent of the legislature that the following funds and the moneys
deposited in such funds shall remain intact and inviolate for the purposes
set forth in the statutes concerning such funds: Board of accountancy fee
fund, K.S.A. 1-204 and 75-1119b, and amendments thereto, and special
litigation reserve fund of the board of accountancy; bank commissioner fee
fund, K.S.A. 9-1703, 16a-2-302 and 75-1308, and amendments thereto,
bank investigation fund, K.S.A. 9-1111b, and amendments thereto,
consumer education settlement fund and litigation expense fund of the
state bank commissioner; securities act fee fund and investor education
and protection fund, K.S.A. 17-12a601, and amendments thereto, of the
office of the securities commissioner of Kansas; credit union fee fund,
K.S.A. 17-2236, and amendments thereto, of the state department of credit
unions; court reporters fee fund, K.S.A. 20-1a02, and amendments thereto,
and bar admission fee fund, K.S.A. 20-1a03, and amendments thereto, of
the judicial branch; fire marshal fee fund, K.S.A. 31-133a and 31-134, and
amendments thereto, and boiler inspection fee fund, K.S.A. 44-926, and
amendments thereto, of the state fire marshal; food service inspection
reimbursement fund, K.S.A. 36-512, and amendments thereto, of the
Kansas department of agriculture; wage claims assignment fee fund,
K.S.A. 44-324, and amendments thereto, and workmen's compensation fee
fund, K.S.A. 74-715, and amendments thereto, of the department of labor;
veterinary examiners fee fund, K.S.A. 47-820, and amendments thereto, of
the state board of veterinary examiners; mined-land reclamation fund,
K.S.A. 49-420, and amendments thereto, of the department of health and
environment; conservation fee fund and abandoned oil and gas well fund,
K.S.A. 55-155, 55-176, 55-192, 55-609, 55-711 and 55-901, and
amendments thereto, gas pipeline inspection fee fund, K.S.A. 66-1,155,
and amendments thereto, and public service regulation fund, K.S.A. 66-
1503, and amendments thereto, of the state corporation commission; land
survey fee fund, K.S.A. 58-2011, and amendments thereto, of the state
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historical society; real estate recovery revolving fund, K.S.A. 58-3074, and
amendments thereto, of the Kansas real estate commission; appraiser fee
fund, K.S.A. 58-4107, and amendments thereto, and appraisal
management companies fee fund of the real estate appraisal board;
amygdalin (laetrile) enforcement fee fund, K.S.A. 65-6b10, and
amendments thereto; mortuary arts fee fund, K.S.A. 65-1718, and
amendments thereto, of the state board of mortuary arts; board of
barbering fee fund, K.S.A. 65-1817a, and amendments thereto, of the
Kansas board of barbering; cosmetology fee fund, K.S.A. 65-1951 and 74-
2704, and amendments thereto, of the Kansas state board of cosmetology;
healing arts fee fund, K.S.A. 65-2011, 65-2855, 65-2911, 65-5413, 65-
5513, 65-6910, 65-7210 and 65-7309, and amendments thereto, and
medical records maintenance trust fund, of the state board of healing arts;
other state fees fund, K.S.A. 65-4024b, and amendments thereto, of the
Kansas department for aging and disability services; board of nursing fee
fund, K.S.A. 74-1108, and amendments thereto, of the board of nursing;
dental board fee fund, K.S.A. 74-1405, and amendments thereto, and
special litigation reserve fund, of the Kansas dental board; optometry fee
fund, K.S.A. 74-1503, and amendments thereto, and optometry litigation
fund, of the board of examiners in optometry; state board of pharmacy fee
fund, K.S.A. 74-1609, and amendments thereto, and state board of
pharmacy litigation fund, of the state board of pharmacy; abstracters' fee
fund, K.S.A. 74-3903, and amendments thereto, of the abstracters' board of
examiners; athletic fee fund, K.S.A. 74-50,188, and amendments thereto,
of the department of commerce; hearing instrument board fee fund, K.S.A.
74-5805, and amendments thereto, and hearing instrument litigation fund
of the Kansas board of examiners in fitting and dispensing of hearing
instruments; commission on disability concerns fee fund, K.S.A. 74-6708,
and amendments thereto, of the governor's department; technical
professions fee fund, K.S.A. 74-7009, and amendments thereto, and
special litigation reserve fund of the state board of technical professions;
behavioral sciences regulatory board fee fund, K.S.A. 74-7506, and
amendments thereto, of the behavioral sciences regulatory board;
governmental ethics commission fee fund, K.S.A. 25-4119e, and
amendments thereto, of the governmental ethics commission; emergency
medical services board operating fund, K.S.A. 75-1514, and amendments
thereto, of the emergency medical services board; fire service training
program fund, K.S.A. 75-1514, and amendments thereto, of the university
of Kansas; uniform commercial code fee fund, K.S.A. 75-448, and
amendments thereto, of the secretary of state; prairie spirit rails-to-trails
fee fund of the Kansas department of wildlife, parks and tourism; water
marketing fund, K.S.A. 82a-1315c, and amendments thereto, of the Kansas
water office of natural resources, division of water policy and planning ;
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insurance department service regulation fund, K.S.A. 40-112, and
amendments thereto, of the insurance department; state fair special cash
fund, K.S.A. 2-220, and amendments thereto, of the state fair board; scrap
metal theft reduction fee fund, K.S.A. 2024 Supp. 50-6,109a, and
amendments thereto; and any other fund in which fees are deposited for
licensing, regulating or certifying a person, profession, commodity or
product.
(c) If moneys received pursuant to statutory provisions for a specific
purpose by a fee agency are proposed to be transferred to the state general
fund or a special revenue fund to be expended for general government
services and purposes in the governor's budget report submitted pursuant
to K.S.A. 75-3721, and amendments thereto, or any introduced house or
senate bill, the person or business entity who paid such moneys within the
preceding 24-month period shall be notified by the fee agency within 30
days of such submission or introduction:
(1) By electronic means, if the fee agency has an electronic address
on record for such person or business entity. If no such electronic address
is available, the fee agency shall send written notice by first class mail; or
(2) any agency that receives fees from a tax, fee, charge or levy paid
to the commissioner of insurance shall post the notification required by
this subsection on such agency's website.
(d) Any such moneys that are wrongfully or by mistake placed in the
general fund shall constitute a proper charge against such general fund. All
legislative appropriations which that do not designate a specific fund from
which they are to be paid shall be considered to be proper charges against
the general fund of the state. All revenues received by the state of Kansas
or any department, board, commission, or institution of the state of
Kansas, and required to be paid into the state treasury shall be placed in
and become a part of the state general fund, except as otherwise provided
by law.
(e) The provisions of this section shall not apply to the 10% credited
to the state general fund to reimburse the state general fund for accounting,
auditing, budgeting, legal, payroll, personnel and purchasing services, and
any and all other state governmental services, as provided in K.S.A. 75-
3170a, and amendments thereto.
(f) Beginning on January 8, 2018, The director of the budget shall
prepare a report listing the unencumbered balance of each fund in
subsection (b) on June 30 of the previous fiscal year and January 1 of the
current fiscal year. Such report shall be delivered to the secretary of the
senate and the chief clerk of the house of representatives on or before the
first day of the regular legislative session each year.
(g) As used in this section, "fee agency" shall include includes the
state agencies specified in K.S.A. 75-3717(f), and amendments thereto,
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and any other state agency that collects fees for licensing, regulating or
certifying a person, profession, commodity or product.
Sec. 53. K.S.A. 2024 Supp. 75-37,121 is hereby amended to read as
follows: 75-37,121. (a) There is created the office of administrative
hearings within the department of administration, to be headed by a
director appointed by the secretary of administration. The director shall be
in the unclassified service under the Kansas civil service act.
(b) The office may employ or contract with presiding officers, court
reporters and other support personnel as necessary to conduct proceedings
required by the Kansas administrative procedure act for adjudicative
proceedings of the state agencies, boards and commissions specified in
subsection (h). The office shall conduct adjudicative proceedings of any
state agency that is specified in subsection (h) when requested by such
agency. Only a person admitted to practice law in this state or a person
directly supervised by a person admitted to practice law in this state may
be employed as a presiding officer. The office may employ regular part-
time personnel. Persons employed by the office shall be under the
classified civil service.
(c) If the office cannot furnish one of its presiding officers within 60
days in response to a requesting agency's request, the director shall
designate in writing a full-time employee of an agency other than the
requesting agency to serve as presiding officer for the proceeding, but only
with the consent of the employing agency. The designee shall possess the
same qualifications required of presiding officers employed by the office.
(d) The director may furnish presiding officers on a contract basis to
any governmental entity to conduct any proceeding other than a
proceeding as provided in subsection (h).
(e) The secretary of administration may adopt rules and regulations
to:
(1) To Establish procedures for agencies to request and for the
director to assign presiding officers. An agency may neither select nor
reject any individual presiding officer for any proceeding except in
accordance with the Kansas administrative procedure act;
(2) to establish procedures and adopt forms, consistent with the
Kansas administrative procedure act, the model rules of procedure, and
other provisions of law, to govern presiding officers; and
(3) to facilitate the performance of the responsibilities conferred upon
the office by the Kansas administrative procedure act.
(f) The director may implement the provisions of this section and
rules and regulations adopted under its authority.
(g) The secretary of administration may adopt rules and regulations to
establish fees to charge a state agency for the cost of using a presiding
officer.
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(h) The following state agencies, boards and commissions shall
utilize the office of administrative hearings for conducting adjudicative
hearings under the Kansas administrative procedure act in which the
presiding officer is not the agency head or one or more members of the
agency head:
(1) On and after July 1, 2005: Kansas department for children and
families, department of corrections, Kansas department for aging and
disability services, department of health and environment, Kansas public
employees retirement system, Kansas water office of natural resources,
division of conservation, Kansas office of natural resources, division of
water policy and planning , Kansas department of agriculture division of
animal health and Kansas insurance department.
(2) On and after July 1, 2006: Emergency medical services board,
emergency medical services council and Kansas human rights
commission.
(3) On and after July 1, 2007: Kansas lottery, Kansas racing and
gaming commission, state treasurer, pooled money investment board,
Kansas department of wildlife and parks and state board of tax appeals.
(4) On and after July 1, 2008: Department of human resources, state
corporation commission, Kansas department of agriculture division of
conservation, agricultural labor relations board, department of
administration, department of revenue, board of adult care home
administrators, Kansas state grain inspection department, board of
accountancy and Kansas wheat commission.
(5) On and after July 1, 2009, all other Kansas administrative
procedure act hearings not mentioned in subsections (1), (2), (3) and (4).
(i) (1) Effective July 1, 2005, any presiding officer in agencies
specified in subsection (h)(1) that conduct hearings pursuant to the Kansas
administrative procedure act, except those exempted pursuant to K.S.A.
77-551, and amendments thereto, and support personnel for such presiding
officers, shall be transferred to and shall become employees of the office
of administrative hearings. Such personnel shall retain all rights under the
state personnel system and retirement benefits under the laws of this state
that had accrued to or vested in such personnel prior to the effective date
of this section. Such person's services shall be deemed to have been
continuous. All transfers of personnel positions in the classified service
under the Kansas civil service act shall be in accordance with civil service
laws and any rules and regulations adopted thereunder. This section shall
not affect any matter pending before an administrative hearing officer at
the time of the effective date of the transfer, and such matter shall proceed
as though no transfer of employment had occurred.
(2) Effective July 1, 2006, any presiding officer in agencies specified
in subsection (h)(2) that conduct hearings pursuant to the Kansas
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administrative procedure act, except those exempted pursuant to K.S.A.
77-551, and amendments thereto, and support personnel for such presiding
officers, shall be transferred to and shall become employees of the office
of administrative hearings. Such personnel shall retain all rights under the
state personnel system and retirement benefits under the laws of this state
that had accrued to or vested in such personnel prior to the effective date
of this section. Such person's services shall be deemed to have been
continuous. All transfers of personnel positions in the classified service
under the Kansas civil service act shall be in accordance with civil service
laws and any rules and regulations adopted thereunder. This section shall
not affect any matter pending before an administrative hearing officer at
the time of the effective date of the transfer, and such matter shall proceed
as though no transfer of employment had occurred.
(3) Effective July 1, 2007, any presiding officer in agencies specified
in subsection (h)(3) that conduct hearings pursuant to the Kansas
administrative procedure act, except those exempted pursuant to K.S.A.
77-551, and amendments thereto, and support personnel for such presiding
officers, shall be transferred to and shall become employees of the office
of administrative hearings. Such personnel shall retain all rights under the
state personnel system and retirement benefits under the laws of this state
that had accrued to or vested in such personnel prior to the effective date
of this section. Such person's services shall be deemed to have been
continuous. All transfers of personnel positions in the classified service
under the Kansas civil service act shall be in accordance with civil service
laws and any rules and regulations adopted thereunder. This section shall
not affect any matter pending before an administrative hearing officer at
the time of the effective date of the transfer, and such matter shall proceed
as though no transfer of employment had occurred.
(4) Effective July 1, 2008, any full-time presiding officer in agencies
specified in subsection (h)(4) that conduct hearings pursuant to the Kansas
administrative procedure act, except those exempted pursuant to K.S.A.
77-551, and amendments thereto, and support personnel for such presiding
officers, shall be transferred to and shall become employees of the office
of administrative hearings. Such personnel shall retain all rights under the
state personnel system and retirement benefits under the laws of this state
that had accrued to or vested in such personnel prior to the effective date
of this section. Such person's services shall be deemed to have been
continuous. All transfers of personnel positions in the classified service
under the Kansas civil service act shall be in accordance with civil service
laws and any rules and regulations adopted thereunder. This section shall
not affect any matter pending before an administrative hearing officer at
the time of the effective date of the transfer, and such matter shall proceed
as though no transfer of employment had occurred.
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(5) Effective July 1, 2009, any full-time presiding officer in agencies
specified in subsection (h)(5) that conduct hearings pursuant to the Kansas
administrative procedure act, except those exempted pursuant to K.S.A.
77-551, and amendments thereto, and support personnel for such presiding
officers, shall be transferred to and shall become employees of the office
of administrative hearings. Such personnel shall retain all rights under the
state personnel system and retirement benefits under the laws of this state
that had accrued to or vested in such personnel prior to the effective date
of this section. Such person's services shall be deemed to have been
continuous. All transfers of personnel positions in the classified service
under the Kansas civil service act shall be in accordance with civil service
laws and any rules and regulations adopted thereunder. This section shall
not affect any matter pending before an administrative hearing officer at
the time of the effective date of the transfer, and such matter shall proceed
as though no transfer of employment occurred.
Sec. 54. K.S.A. 2024 Supp. 75-5133 is hereby amended to read as
follows: 75-5133. (a) Except as otherwise more specifically provided by
law, all information received by the secretary of revenue, the director of
taxation or the director of alcoholic beverage control from returns, reports,
license applications or registration documents made or filed under the
provisions of any law imposing any sales, use or other excise tax
administered by the secretary of revenue, the director of taxation, or the
director of alcoholic beverage control, or from any investigation conducted
under such provisions, shall be confidential, and it shall be unlawful for
any officer or employee of the department of revenue to divulge any such
information except in accordance with other provisions of law respecting
the enforcement and collection of such tax, in accordance with proper
judicial order or as provided in K.S.A. 74-2424, and amendments thereto.
(b) The secretary of revenue or the secretary's designee may:
(1) Publish statistics, so classified as to prevent identification of
particular reports or returns and the items thereof;
(2) allow the inspection of returns by the attorney general or the
attorney general's designee;
(3) provide the post auditor access to all such excise tax reports or
returns in accordance with and subject to the provisions of K.S.A. 46-
1106(e), and amendments thereto;
(4) disclose taxpayer information from excise tax returns to persons
or entities contracting with the secretary of revenue where the secretary
has determined disclosure of such information is essential for completion
of the contract and has taken appropriate steps to preserve confidentiality;
(5) provide information from returns and reports filed under article 42
of chapter 79 of the Kansas Statutes Annotated, and amendments thereto,
to county appraisers as is necessary to ensure proper valuations of
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property. Information from such returns and reports may also be
exchanged with any other state agency administering and collecting
conservation or other taxes and fees imposed on or measured by mineral
production;
(6) provide, upon request by a city or county clerk or treasurer or
finance officer of any city or county receiving distributions from a local
excise tax, monthly reports identifying each retailer doing business in such
city or county or making taxable sales sourced to such city or county,
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 and such retailer's sales or use tax registration or
account number;
(7) provide information from returns and applications for registration
filed pursuant to K.S.A. 12-187, and amendments thereto, and K.S.A. 79-
3601, and amendments thereto, to a city or county treasurer or clerk or
finance officer to explain the basis of statistics contained in reports
provided by subsection (b)(6);
(8) disclose the following oil and gas production statistics received by
the department of revenue in accordance with K.S.A. 79-4216 et seq., and
amendments thereto: V olumes of production by well name, well number,
operator's name and identification number assigned by the state
corporation commission, lease name, leasehold property description,
county of production or zone of production, name of purchaser and
purchaser's tax identification number assigned by the department of
revenue, name of transporter, field code number or lease code, tax period,
exempt production volumes by well name or lease, or any combination of
this information;
(9) release or publish liquor brand registration information provided
by suppliers, farm wineries, microdistilleries and microbreweries in
accordance with the liquor control act. The information to be released is
limited to: Item number, universal numeric code, type status, product
description, alcohol percentage, selling units, unit size, unit of
measurement, supplier number, supplier name, distributor number and
distributor name;
(10) release or publish liquor license information provided by liquor
licensees, distributors, suppliers, farm wineries, microdistilleries and
microbreweries in accordance with the liquor control act. The information
to be released is limited to: County name, owner, business name, address,
license type, license number, license expiration date and the process agent
contact information;
(11) release or publish cigarette and tobacco license information
obtained from cigarette and tobacco licensees in accordance with the
Kansas cigarette and tobacco products act. The information to be released
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is limited to: County name, owner, business name, address, license type
and license number;
(12) provide environmental surcharge or solvent fee, or both,
information from returns and applications for registration filed pursuant to
K.S.A. 65-34,150 and 65-34,151, and amendments thereto, to the secretary
of health and environment or the secretary's designee for the sole purpose
of ensuring that retailers collect the environmental surcharge tax or solvent
fee, or both;
(13) provide water protection fee information from returns and
applications for registration filed pursuant to K.S.A. 82a-954, and
amendments thereto, to the secretary of the state board of agriculture or the
secretary's designee and the secretary director of the Kansas water office
of natural resources, division of water policy and planning or the
secretary's director's designee for the sole purpose of verifying revenues
deposited to the state water plan fund;
(14) provide to the secretary of commerce copies of applications for
project exemption certificates sought by any taxpayer under the enterprise
zone sales tax exemption pursuant to K.S.A. 79-3606(cc), and
amendments thereto;
(15) disclose information received pursuant to the Kansas cigarette
and tobacco act and subject to the confidentiality provisions of this act to
any criminal justice agency, as defined in K.S.A. 22-4701(c), and
amendments thereto, or to any law enforcement officer, as defined in
K.S.A. 21-5111, and amendments thereto, on behalf of a criminal justice
agency, when requested in writing in conjunction with a pending
investigation;
(16) provide to retailers tax exemption information for the sole
purpose of verifying the authenticity of tax exemption numbers issued by
the department;
(17) provide information concerning remittance by sellers, as defined
in K.S.A. 12-5363, and amendments thereto, of prepaid wireless 911 fees
from returns to the local collection point administrator, as defined in
K.S.A. 12-5363, and amendments thereto, for purposes of verifying seller
compliance with collection and remittance of such fees;
(18) release or publish charitable gaming information obtained in
charitable gaming licensee and registration applications and renewals in
accordance with the Kansas charitable gaming act, K.S.A. 75-5171 et seq.,
and amendments thereto. The information to be released is limited to: The
name, address, phone number, license registration number and email
address of the organization, distributor or of premises;
(19) provide to the attorney general confidential information for
purposes of determining compliance with or enforcing K.S.A. 50-6a01 et
seq., and amendments thereto, the master settlement agreement referred to
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therein and all agreements regarding disputes under the master settlement
agreement. The secretary and the attorney general may share the
information specified under this subsection with any of the following:
(A) Federal, state or local agencies for the purposes of enforcement
of corresponding laws of other states; and
(B) a court, arbitrator, data clearinghouse or similar entity for the
purpose of assessing compliance with or making calculations required by
the master settlement agreement or agreements regarding disputes under
the master settlement agreement, and with counsel for the parties or expert
witnesses in any such proceeding, if the information otherwise remains
confidential; and
(20) disclose taxpayer information that is received from income tax
returns to the department of commerce that may be disclosed pursuant to
the provisions of K.S.A. 2024 Supp. 74-50,227, and amendments thereto,
for the purpose of including such information in the database required by
K.S.A. 2024 Supp. 74-50,227, and amendments thereto.
(c) Any person receiving any information under the provisions of
subsection (b) shall be subject to the confidentiality provisions of
subsection (a) and to the penalty provisions of subsection (d).
(d) Any violation of this section shall be a class A, nonperson
misdemeanor, and if the offender is an officer or employee of this state,
such officer or employee shall be dismissed from office. Reports of
violations of this paragraph shall be investigated by the attorney general.
The district attorney or county attorney and the attorney general shall have
authority to prosecute any violation of this section if the offender is a city
or county clerk or treasurer or finance officer of a city or county.
Sec. 55. K.S.A. 2024 Supp. 82a-220 is hereby amended to read as
follows: 82a-220. (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 of natural
resources, division of water policy and planning; 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 is hereby authorized to 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
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Kansas department of health and environment, the Kansas department of
wildlife and parks and the Kansas department of agriculture office of
natural resources, division of conservation, may deem appropriate.
(2) Notice of the easement shall be given to the county or counties in
which where 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
shall jointly negotiate any easement so granted.
(4) A copy of all easements so entered shall be filed by the director
with the office of the secretary of state and the office of the register of
deeds for the county or counties in which where the easement is located.
(c) The director shall adopt rules and regulations necessary to carry
out the provisions of this act.
Sec. 56. K.S.A. 82a-301 is hereby amended to read as follows: 82a-
301. (a) (1) Except as provided in subsections (c) and (d), without the prior
written consent or permit of the chief engineer of the Kansas office of
natural resources, 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.
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(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
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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.
Sec. 57. K.S.A. 82a-301a is hereby amended to read as follows: 82a-
301a. 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 Kansas office of natural
resources, division of water resources of the Kansas department of
agriculture and the chief engineer thereof. The chief engineer or his or her
the chief engineer's authorized representative shall supervise the
construction, modification, operation and maintenance of dams or other
water obstructions for the protection of life and property.
Sec. 58. K.S.A. 82a-303a is hereby amended to read as follows: 82a-
303a. The chief engineer of the Kansas office of natural resources,
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.
Sec. 59. K.S.A. 2024 Supp. 82a-326 is hereby amended to read as
follows: 82a-326. 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 office of natural resources,
division of conservation; and
(7) state corporation commission.
Sec. 60. K.S.A. 82a-328 is hereby amended to read as follows: 82a-
328. There is hereby created in the state treasury the water structures fund.
The chief engineer of the Kansas office of natural resources, 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,
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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 executive director of the
Kansas office of natural resources or by a person designated by the
secretary executive director.
Sec. 61. K.S.A. 82a-405 is hereby amended to read as follows: 82a-
405. 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 Kansas
office of natural resources, 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.
Sec. 62. K.S.A. 82a-603 is hereby amended to read as follows: 82a-
603. 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 Kansas office of natural resources, division of water
resources, Kansas department of agriculture, one copy of the petition and
notice of the date set for its consideration.
Sec. 63. K.S.A. 82a-612 is hereby amended to read as follows: 82a-
612. 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 means , respectively, the board of county commissioners and
county clerk of the county in which where the greatest portion of the
territory of any existing or proposed rural water district is located;
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(d) "participating member" means an individual, firm, partnership,
association or corporation and that:
(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 that is
paid, either directly or indirectly through another water provider, to such
district;
(e) "chief engineer" means the chief engineer of the Kansas office of
natural resources, division of water resources, Kansas department of
agriculture.
Sec. 64. K.S.A. 82a-701 is hereby amended to read as follows: 82a-
701. WhenAs used in this act, unless the context indicates otherwise , the
following words shall have the following meanings:
(a) "Person" shall mean and include means 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 Kansas office of
natural resources, 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 . "Vested right" includes 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 "Vested
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
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at a specific rate of diversion, provided if 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 A "water right" 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.
Sec. 65. K.S.A. 2024 Supp. 82a-708b is hereby amended to read as
follows: 82a-708b. (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 Kansas judicial review act.
(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:
(1) Application to change a point of diversion 300
feet or less................................................................................ $100
(2) Application to change a point of diversion more
than 300 feet...............................................................................200
(3) Application to change the place of use........................................... 200
(4) Application to change the use made of water................................. 300
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On and after July 1, 2028, the application fee shall be set forth in the
schedule below:
(1) Application to change a point of diversion 300
feet or less................................................................................. $50
(2) Application to change a point of diversion more
than 300 feet.............................................................................. 100
(3) Application to change the place of use........................................... 100
(4) Application to change the use made of the water........................... 150
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.
Sec. 66. K.S.A. 82a-711 is hereby amended to read as follows: 82a-
711. (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 that 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
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HB 2345 77
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 Kansas judicial review act.
Sec. 67. K.S.A. 2024 Supp. 82a-714 is hereby amended to read as
follows: 82a-714. (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 where 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 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
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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.
Sec. 68. K.S.A. 82a-718 is hereby amended to read as follows: 82a-
718. (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 Kansas judicial review act.
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:
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(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 that 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.
Sec. 69. K.S.A. 82a-724 is hereby amended to read as follows: 82a-
724. Any order pursuant to K.S.A. 82a-1901 section 8 , 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.
Sec. 70. K.S.A. 82a-731 is hereby amended to read as follows: 82a-
731. There is hereby created in the state treasury the water appropriation
certification fund. The chief engineer of the Kansas office of natural
resources, 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
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secretary of agriculture executive director of the Kansas office of natural
resources or by a person designated by the secretary executive director.
Sec. 71. K.S.A. 82a-732 is hereby amended to read as follows: 82a-
732. (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 Kansas office of natural resources,
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 a part of and supplemental to the water
appropriation act, K.S.A. 82a-701 et seq., and amendments thereto.
Sec. 72. K.S.A. 82a-733 is hereby amended to read as follows: 82a-
733. (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
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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 of natural resources,
division of water policy and planning pursuant to subsection (c) of K.S.A.
74-2608(c), 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 division of water policy and planning ,
shall determine whether such plans and practices are consistent with the
guidelines adopted by the Kansas water office division of water policy and
planning. The Kansas water office division of water policy and planning
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
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maintained by the Kansas water office division of water policy and
planning pursuant to subsection (c) of K.S.A. 74-2608 (c), and
amendments thereto.
(e) As used in this section, "water-related projects" shall include
includes, but is 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 that 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 that 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 that 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 a part of and supplemental to the Kansas
water appropriation act.
Sec. 73. K.S.A. 2024 Supp. 82a-736 is hereby amended to read as
follows: 82a-736. (a) It is hereby recognized that an opportunity exists to
improve water management by enabling multi-year flexibility in the use of
water authorized to be diverted under a groundwater water right, provided
that such flexibility neither impairs existing water rights, nor increases the
total amount of water diverted, so that such flexibility has no long-term
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negative effect on the source of supply. It is therefore declared necessary
and advisable to permit the establishment of multi-year flex accounts for
groundwater water rights, together with commensurate protections for
existing water rights and their source of supply.
(b) As used in this section:
(1) "Alternative base average usage" means an allocation based on
net irrigation requirements calculated pursuant to subsection (c)(1)(D)(ii)
that may be used in place of the base average usage.
(2) "Base water right" means a water right under which an applicant
applies to the chief engineer to establish a multi-year flex account and
where all of the following conditions exist:
(A) The authorized source of supply is groundwater; and
(B) the water right is not currently the subject of a multi-year
allocation due to a change approval that allows an expansion of the
authorized place of use.
(3) "Multi-year flex account" means a term permit that suspends a
base water right during its term, except when the term permit may be no
longer exercised because of an order of the chief engineer, and is subject to
the terms and conditions as provided in subsection (e).
(4) "Base average usage" means:
(A) The average amount of water actually diverted for the authorized
beneficial use under the base water right during calendar years 2000
through 2009, excluding:
(i) Any amount diverted in any such year that exceeded the amount
authorized by the base water right;
(ii) any amount applied to an unauthorized place of use; and
(iii) diversions in calendar years when water was diverted under a
multi-year allocation with an expansion of the authorized place of use due
to a change approval;
(B) if water use records are inadequate to accurately determine actual
water use or upon demonstration of good cause by the applicant, the chief
engineer may calculate the base average usage with less than all 10
calendar years during 2000 and 2009. In no case shall the base average
usage be calculated with less than five calendar years during 2000 and
2009; or
(C) if the holder of the base water right shows to the satisfaction of
the chief engineer that water conservation reduced water use under the
base water right during calendar years 2000 through 2009, then the base
average usage shall be calculated with the five calendar years immediately
before the calendar year when water conservation began.
(5) "Chief engineer" means the chief engineer of the Kansas office of
natural resources, division of water resources of the department of
agriculture.
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(6) "Flex account acreage" means the maximum number of acres
lawfully irrigated during a calendar year, except for any acres irrigated
under a multi-year allocation that allowed for an expansion of the
authorized place of use due to a change approval and any of the following
conditions are met:
(A) The calendar year is 2000 through 2009;
(B) if water conservation reduced water use under the base water
right during calendar years 2000 through 2009, the calendar year is a year
within the five calendar years immediately prior to the calendar year when
water conservation began; or
(C) if an application to appropriate water was approved after
December 31, 2004, the calendar year is any during the perfection period.
(7) "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 as provided in K.A.R. 5-
5-12, on the effective date of this act.
(c) (1) Except as provided in K.S.A. 2024 Supp. 82a-774 and section
1 of chapter 76 of the 2023 Session Laws of Kansas , and amendments
thereto, any holder of a base water right that has not been deposited or
placed in a safe deposit account in a chartered water bank may establish a
multi-year flex account where the holder may deposit, in advance, the
authorized quantity of water from such water right for any five consecutive
calendar years, except when the chief engineer determines a shorter period
is necessary for compliance with a local enhanced management area or an
intensive groundwater use control area and the corrective controls in the
area do not prohibit the use of multi-year flex accounts, and subject to all
of the following:
(A) The water right must be vested or shall have been issued a
certificate of appropriation;
(B) the withdrawal of water pursuant to the water right shall be
properly and adequately metered;
(C) the water right is not deemed abandoned and is in compliance
with the terms and conditions of its certificate of appropriation, all
applicable provisions of law and orders of the chief engineer;
(D) the amount of water deposited in the multi-year flex account shall
not exceed the greatest of the following:
(i) 500% of the base average usage;
(ii) 500% of the product of the annual net irrigation requirement
multiplied by the flex account acreage, multiplied by 110%, but not greater
than five times the maximum annual quantity authorized by the base water
right;
(iii) if the authorized place of use is located wholly within the
boundaries of a groundwater management district, an amount that shall not
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increase the long-term average use of the groundwater right as specified by
rule or regulation promulgated pursuant to K.S.A. 82a-1028(o), and
amendments thereto; or
(iv) pursuant to subparagraph (F), the amount computed in (i), (ii) or
(iii) plus any deposited water remaining in a multi-year flex account up to
100% of the base average usage or alternative base average usage;
(E) if the multi-year flex account is approved for less than five
calendar years, the amount of water deposited in the multi-year flex
account shall be prorated based on the number of calendar years approved
and otherwise calculated as required by subsection (c)(1)(D)(i), (ii) or (iii);
and
(F) any deposited water remaining in a multi-year flex account up to
100% of the base average usage or alternative base average usage may be
added to the deposit amount calculated in subparagraph (D) if the base
water right is enrolled in another multi-year flex account during the
calendar year in which the existing multi-year flex account expires. The
total amount of water deposited in any multi-year flex account shall not
exceed 500% of the authorized quantity of the base water right.
(2) The provisions of K.A.R. 5-5-11 are limited to changes in annual
authorized quantity and shall not apply to this subsection.
(d) The chief engineer shall implement a program providing for the
issuance of term permits to holders of groundwater water rights who have
established flex accounts in accordance with this section. Such term
permits shall authorize the use of water in a flex account at any time
during the consecutive calendar years for which the application for the
term permit authorizing a multi-year flex account is made, without annual
limits on such use.
(e) Term permits provided for by this section shall be subject to the
following:
(1) A separate term permit shall be required for each point of
diversion authorized by the base water right.
(2) The quantity of water authorized for diversion shall be limited to
the amount deposited pursuant to subsection (c)(1)(D).
(3) The rate of diversion for each point of diversion authorized under
the term permit shall not exceed the rate of diversion for each point of
diversion authorized under the base water right.
(4) The authorized place of use shall be the place of use or a
subdivision of the place of use for the base water right. Any approval of an
application to change the place of use of the base water right shall
automatically result in a change to the place of use for the term permit.
(5) The point of diversion authorized by the term permit shall be
specified by referencing one point of diversion authorized by the base
water right at the time the multi-year flex account term permit application
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is filed with the chief engineer or at the time any approvals changing such
referenced point of diversion of the base water right are approved during
the multi-year flex account period. For a base water right with multiple
points of diversion, each point of diversion authorized by a term permit
shall receive a specific assignment of a maximum authorized quantity of
water, assigned proportionately to the authorized annual quantities of the
respective points of diversion under the base water right.
(6) The chief engineer may establish, by rules and regulations, criteria
for such term permits.
(7) Except as explicitly provided for by this section, such term
permits shall be subject to all provisions of the Kansas water appropriation
act, and rules and regulations adopted under such act, and nothing in this
section shall authorize impairment of any vested right or prior
appropriation right by the exercise of such term permit.
(f) An 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.
(g) All costs of administration of this section shall be paid from fees
for term permits provided for by this section. 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 executive director of the Kansas office of natural resources
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 fee for a multi-year flex account term permit shall be the
same as specified for other term permits in K.S.A. 82a-708c, and
amendments thereto.
(i) The chief engineer shall have full authority pursuant to K.S.A.
82a-706c, and amendments thereto, to require any additional measuring
devices and any additional reporting of water use for term permits issued
pursuant to this section. Failure to comply with any measuring or reporting
requirement may result in a penalty, up to and including the revocation of
the term permit and the suspension of the base water right for the duration
of the term permit period.
(j) The chief engineer shall submit a written report on the
implementation of this section to the house standing committee on
agriculture and natural resources and the senate standing committee on
natural resources on or before February 1 of each year.
(k) This section shall be a part of and supplemental to the Kansas
water appropriation act.
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Sec. 74. K.S.A. 82a-737 is hereby amended to read as follows: 82a-
737. (a) As used in this section:
(1) , "chief engineer" means the chief engineer of the Kansas office of
natural resources, 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.
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(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 a part of and supplemental
to the Kansas water appropriation act.
Sec. 75. K.S.A. 82a-739 is hereby amended to read as follows: 82a-
739. The Kansas water office of natural resources, division of water policy
and planning 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 division of
water policy and planning 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.
Sec. 76. K.S.A. 82a-762 is hereby amended to read as follows: 82a-
762. 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
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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 Kansas office of natural resources, 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.
Sec. 77. K.S.A. 82a-767 is hereby amended to read as follows: 82a-
767. (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 of
natural resources, division of water policy and planning shall convene a
team to evaluate the operation of the bank. The team shall consist of:
(1) The director of the Kansas water office of natural resources,
division of water policy and planning , 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 who 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;
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HB 2345 90
(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 of natural resources, division
of water policy and planning 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 of natural
resources, 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).
Sec. 78. K.S.A. 82a-770 is hereby amended to read as follows: 82a-
770. (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
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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 Kansas judicial review act.
Sec. 79. K.S.A. 82a-771 is hereby amended to read as follows: 82a-
771. Each water bank shall pay all costs incurred by the division and by
the Kansas water office of natural resources, division of water policy and
planning for assistance and services provided pursuant to this act,
including, but not limited to, costs for personnel necessary to provide such
assistance and services.
Sec. 80. K.S.A. 82a-773 is hereby amended to read as follows: 82a-
773. (a) There is hereby created in the state treasury the water office cost
fund. The water office cost fund is hereby redesignated as the division of
water policy and planning cost fund. The director of the Kansas water
office of natural resources, division of water policy and planning 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
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 office division
of water policy and planning cost fund.
(b) Moneys in the water office division of water policy and planning
cost fund shall be expended only for the Kansas water office's costs of
incurred by the Kansas office of natural resources, division of water policy
and planning providing assistance and services as provided by this act.
(c) On or before the 10 th of each month, the director of accounts and
reports shall transfer from the state general fund to the water office
division of water policy and planning cost fund interest earnings based on:
(1) The average daily balance of moneys in the water office division
of water policy and planning 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 division of water policy
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and planning 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 of natural
resources, division of water policy and planning for the purposes set forth
in this section.
Sec. 81. K.S.A. 82a-902 is hereby amended to read as follows: 82a-
902. The following words whenAs 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 "Division" means the
Kansas office of natural resources, division of water policy and planning.
Sec. 82. K.S.A. 2024 Supp. 82a-903 is hereby amended to read as
follows: 82a-903. In accordance with the policies and long-range goals and
objectives established by the legislature, the office division 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 division . The Kansas
water office division 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 division 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 division 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
Kansas office of natural resources, division of water resources of the
Kansas department of agriculture and division of conservation, state
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HB 2345 93
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.
Sec. 83. K.S.A. 82a-905 is hereby amended to read as follows: 82a-
905. 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 division 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 division 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 division.
In addition, the office division may send notice of a scheduled hearing
to any person or persons it deems proper. The office division 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 of natural resources, division of water policy and
planning. The office division 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.
Sec. 84. K.S.A. 82a-906 is hereby amended to read as follows: 82a-
906. The Kansas water office division , 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 that 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.
Sec. 85. K.S.A. 82a-907 is hereby amended to read as follows: 82a-
907. In formulating the state water plan the office division shall consider:
(a) The management, conservation and development of the water
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HB 2345 94
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 through 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 division deems proper or
desirable.
Sec. 86. K.S.A. 82a-910 is hereby amended to read as follows: 82a-
910. (a) Subject to the approval of the Kansas water authority, the office
division 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 division expects will be
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HB 2345 95
needed within the state in the future for the achievement of the purposes of
this act and the office division 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 that 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 division finds it necessary or desirable for the achievement of the
purposes of this act, the office division 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 division
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
that 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 division to make a recommendation
for storage features for expected future water supply needs, as provided in
subsection (a), may petition the office division and show that it such
person:
(1) Has good reason to and does believe that it such person 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 such person 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 division directs for the achievement of the purposes
of this act.
Sec. 87. K.S.A. 82a-911 is hereby amended to read as follows: 82a-
911. In its discretion, either upon its own initiative or in response to a
specific request, the office division, 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 division will be
needed within the state in the future to achieve the purposes of this act.
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Before making such recommendations the office division 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 division under terms
which that would assure essential state control of the waters of the state or
meeting of state objectives , which . Such purposes may include
maintenance and operational requirements in the use thereof that the office
division 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 that will permit them such person to pay out their such
person's proportionate share of the costs allocated to such needs within the
life of the project.
Sec. 88. K.S.A. 82a-915 is hereby amended to read as follows: 82a-
915. The office divison 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.
Sec. 89. K.S.A. 82a-920 is hereby amended to read as follows: 82a-
920. The office division 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. The division
shall submit such projected costs the office shall submit with its annual
budget request. In preparing such projections, the office division 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.
Sec. 90. K.S.A. 82a-922 is hereby amended to read as follows: 82a-
922. All expenditures from appropriations for the office division 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 of natural resources, division of
water policy and planning or by a person or persons designated by the
director.
Sec. 91. K.S.A. 82a-923 is hereby amended to read as follows: 82a-
923. The Kansas office of natural resources, division of water policy and
planning 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
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of state as provided by law. The Kansas water office of natural resources
may prepare and distribute, free or at cost, compilations of its the rules and
regulations of the division of water policy and planning.
Sec. 92. K.S.A. 82a-932 is hereby amended to read as follows: 82a-
932. The Kansas office of natural resources, division of water policy and
planning 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.
Sec. 93. K.S.A. 82a-933 is hereby amended to read as follows: 82a-
933. The Kansas office of natural resources, division of water policy and
planning 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 division anticipates will be needed in the future.
Sec. 94. K.S.A. 82a-934 is hereby amended to read as follows: 82a-
934. The Kansas office of natural resources, division of water policy and
planning, 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.
Sec. 95. K.S.A. 82a-954 is hereby amended to read as follows: 82a-
954. (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
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(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 mean the same as provided by rules and regulations of the
chief engineer of the Kansas office of natural resources, 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
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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.
Sec. 96. K.S.A. 82a-1021 is hereby amended to read as follows: 82a-
1021. (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 Kansas office of
natural resources, 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 that 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. "Landowner" does not
include 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
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groundwater supply problems within the district. It shall include
"Management program" includes 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 means
the same as defined 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 such municipality 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.
Sec. 97. K.S.A. 82a-1023 is hereby amended to read as follows: 82a-
1023. (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
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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
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chief engineer of the Kansas office of natural resources, 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 ____________,
__."
Sec. 98. K.S.A. 2024 Supp. 82a-1038 is hereby amended to read as
follows: 82a-1038. (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
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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 where 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.
Sec. 99. K.S.A. 2024 Supp. 82a-1041 is hereby amended to read as
follows: 82a-1041. (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
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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
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HB 2345 105
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.
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(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 Kansas judicial review act ,
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.
Sec. 100. K.S.A. 82a-1042 is hereby amended to read as follows:
82a-1042. To further implement the provisions of the groundwater
management district act, if the secretary of agriculture executive director
of the Kansas office of natural resources or the chief engineer of the
Kansas office of natural resources, 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 executive
director 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
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HB 2345 107
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.
Sec. 101. K.S.A. 82a-1301 is hereby amended to read as follows:
82a-1301. As used in this act, unless the context otherwise requires:
(a) "Director" means the director of the Kansas water office of
natural resources, division of water policy and planning.
(b) "Chief engineer" means the chief engineer of the Kansas office of
natural resources, 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.
Sec. 102. K.S.A. 82a-1303 is hereby amended to read as follows:
82a-1303. (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
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HB 2345 108
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.
Sec. 103. K.S.A. 82a-1311a is hereby amended to read as follows:
82a-1311a. (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
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HB 2345 109
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 of natural resources,
division of water policy and planning pursuant to subsection (c) of K.S.A.
74-2608(c), 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 of natural
resources, division of water policy and planning.
(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 the authority deems necessary for the protection of the
public interest of the state as a whole.
Sec. 104. K.S.A. 82a-1315b is hereby amended to read as follows:
82a-1315b. (a) The director, subject to approval of the authority, shall
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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 that 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(a)(1),
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) , then (5) of subsection (a)
of K.S.A. 82a-1308a(a), 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 10 th 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:
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(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.
Sec. 105. K.S.A. 82a-1315c is hereby amended to read as follows:
82a-1315c. (a) There is hereby created in the state treasury the water
marketing fund. The director of the Kansas water office of natural
resources, division of water policy and planning 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¢ $0.01 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.
Sec. 106. K.S.A. 82a-1332 is hereby amended to read as follows:
82a-1332. The Kansas water office of natural resources, division of water
policy and planning, with advice from basin advisory committees, eligible
water right holders and the chief engineer and with approval of the Kansas
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water authority, may negotiate and enter into contracts for assurance
storage from federal reservoirs to be used for water assurance.
Sec. 107. K.S.A. 82a-1333 is hereby amended to read as follows:
82a-1333. Before a water assurance district is organized, and upon the
request of the Kansas water office of natural resources, division of water
policy and planning , 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.
Sec. 108. K.S.A. 82a-1335 is hereby amended to read as follows:
82a-1335. (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 that 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.
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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 Kansas office of natural resources, 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 __________,
____.
Sec. 109. K.S.A. 82a-1345 is hereby amended to read as follows:
82a-1345. (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 of natural
resources, division of water policy and planning 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 of natural resources, division
of water policy and planning for deposit in the fund created pursuant to
K.S.A. 82a-1364 , and amendments thereto. 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
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to each member from the assurance program. In determining the charge,
the governing body of the district shall adopt rules which that establish
guidelines for prospective members.
(b) The director of the Kansas water office of natural resources,
division of water policy and planning 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 that has
been approved in the manner provided by K.S.A. 82a-1348 , and
amendments thereto, and which is in effect at the time of the desired
diversion.
(d) An entity which that 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 of natural resources, division of water
policy and planning 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.
Sec. 110. K.S.A. 82a-1347 is hereby amended to read as follows:
82a-1347. If any eligible water right holder in a water assurance district
organized under the provisions of this act requests an opportunity to
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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 of natural resources, division
of water policy and planning shall conduct such negotiations on a timely
basis and on the provisions for which negotiations are requested.
Sec. 111. K.S.A. 82a-1348 is hereby amended to read as follows: 82a-
1348. 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 of natural resources,
division of water policy and planning 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 of natural resources,
division of water policy and planning, 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 of natural resources, division of water policy and
planning.
Sec. 112. K.S.A. 82a-1349 is hereby amended to read as follows:
82a-1349. (a) There is hereby created in the state treasury the water supply
storage assurance fund. The director of the Kansas water office of natural
resources, division of water policy and planning 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;
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(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
of natural resources, division of water policy and planning or by a person
designated by the director.
Sec. 113. K.S.A. 82a-1360 is hereby amended to read as follows:
82a-1360. As used in K.S.A. 82a-1360 to through 82a-1368, inclusive and
amendments thereto, unless the context otherwise requires:
(a) "Director" means the director of the Kansas water office of
natural resources, division of water policy and planning.
(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 that contains waters for conservation storage water supply.
Sec. 114. K.S.A. 82a-1361 is hereby amended to read as follows:
82a-1361. (a) The Kansas water office of natural resources, division of
water policy and planning 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 that the director deems necessary for such purposes.
(b) Prior to the issuance of the revenue bonds, the director shall adopt
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a resolution or resolutions in the name and on behalf of the Kansas water
office, which of natural resources, division of water policy and planning.
Such 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 of natural resources, division of water policy and
planning 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 of natural resources, division of water policy and
planning 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
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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.
Sec. 115. K.S.A. 82a-1362 is hereby amended to read as follows:
82a-1362. (a) Revenue bonds issued hereunder, including refunding
revenue bonds authorized hereunder, shall be special obligations of the
Kansas water office of natural resources, division of water policy and
planning in accordance with their terms and shall not constitute an
indebtedness of the state of Kansas or the Kansas water office of natural
resources, division of water policy and planning , 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 of natural resources, division of
water policy and planning, 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.
Sec. 116. K.S.A. 82a-1363 is hereby amended to read as follows:
82a-1363. The Kansas water office of natural resources, division of water
policy and planning 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.
Sec. 117. K.S.A. 82a-1364 is hereby amended to read as follows:
82a-1364. 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 of
natural resources, division of water policy and planning 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 that 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
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HB 2345 119
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.
Sec. 118. K.S.A. 82a-1367 is hereby amended to read as follows:
82a-1367. (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 of natural resources, division of water policy and planning 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.
Sec. 119. K.S.A. 82a-1368 is hereby amended to read as follows:
82a-1368. 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 of natural resources, division of water policy and planning 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 of natural resources,
division of water policy and planning prior to the date of such publication
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HB 2345 120
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.
Sec. 120. K.S.A. 82a-1370 is hereby amended to read as follows:
82a-1370. (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
of natural resources, division of water policy and planning , 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 of natural resources, division of water policy and
planning 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 10 th day of each
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HB 2345 121
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 of natural resources, division of water policy
and planning or by a person designated by the director.
Sec. 121. K.S.A. 82a-1402 is hereby amended to read as follows:
82a-1402. 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 of
natural resources, division of water policy and planning.
(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 that 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.
Sec. 122. K.S.A. 2024 Supp. 82a-1501 is hereby amended to read as
follows: 82a-1501. 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
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HB 2345 122
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 Kansas office of
natural resources, 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 of
natural resources, division of water policy and planning.
(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 of natural resources, division of water policy and planning ,
the Kansas water authority, the Kansas department of wildlife and parks
and the Kansas office of natural resources, 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
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pursuant to K.S.A. 65-163, and amendments thereto.
Sec. 123. K.S.A. 82a-1502 is hereby amended to read as follows:
82a-1502. (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 if such transfer 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 that
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 of natural resources, division of water policy and
planning 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 that 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:
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(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. Such 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 of natural resources, division of water policy and planning
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.
Sec. 124. K.S.A. 2024 Supp. 82a-1602 is hereby amended to read as
follows: 82a-1602. 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 executive director, shall adopt all rules and
regulations necessary to implement the provisions of this act.
Sec. 125. K.S.A. 2024 Supp. 82a-1603 is hereby amended to read as
follows: 82a-1603. When used in this act:
(a) "Chief engineer" means the chief engineer of the Kansas office of
natural resources, 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
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HB 2345 125
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 office of natural resources.
(f) "Executive director" means the executive director of the Kansas
office of natural resources.
(g) "Flood control storage" means storage space in reservoirs to hold
flood waters.
(g)(h) "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)(i) "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)(j) "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)(k) "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)(l) "Public water supply" means a water supply for municipal,
industrial or domestic use.
(l)(m) "Public water supply storage" means storage of water for
municipal, industrial or domestic use.
(m)(n) "Recreation feature" means water storage and related facilities
for activities such as swimming, fishing, boating, camping or other related
activities.
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HB 2345 126
(n)(o) "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.
Sec. 126. K.S.A. 82a-1604 is hereby amended to read as follows:
82a-1604. (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 that 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 of
natural resources, division of water policy and planning 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 of natural resources, division of water policy and
planning shall apply for a water appropriation right sufficient to insure a
dependable yield from the public water supply storage. The Kansas water
office of natural resources, division of water policy and planning 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 of natural resources, division of water policy and planning 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
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HB 2345 127
storage in a renovation project unless the Kansas water office of natural
resources, division of water policy and planning 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 of natural resources, division of water
policy and planning 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.
Sec. 127. K.S.A. 82a-1605 is hereby amended to read as follows:
82a-1605. (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 that 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 of
natural resources, division of water policy and planning 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 of natural resources, division of water policy and
planning shall apply for a water appropriation right sufficient to insure a
dependable yield from public water supply storage. The Kansas water
office of natural resources, division of water policy and planning 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 of natural resources, division of water policy and planning 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
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HB 2345 128
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 of natural
resources, division of water policy and planning 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 of natural resources, division of water
policy and planning 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.
Sec. 128. K.S.A. 82a-1606 is hereby amended to read as follows:
82a-1606. (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 that 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 of natural resources,
division of water policy and planning 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 of natural resources,
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HB 2345 129
division of water policy and planning shall apply for a water appropriation
right sufficient to insure a dependable yield from public water supply
storage. The Kansas water office of natural resources, division of water
policy and planning 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 of natural resources, division of
water policy and planning 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 of natural
resources, division of water policy and planning 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 of natural resources, division of water
policy and planning 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.
Sec. 129. K.S.A. 2024 Supp. 82a-1607 is hereby amended to read as
follows: 82a-1607. 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 executive director of the Kansas office of
natural resources, 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.
Sec. 130. K.S.A. 82a-1608 is hereby amended to read as follows:
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82a-1608. (a) If state financial participation is approved for a multipurpose
small lake project, the Kansas department of agriculture office of natural
resources, 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 office of natural resources, 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).
Sec. 131. K.S.A. 82a-1609 is hereby amended to read as follows:
82a-1609. (a) Before the Kansas department of agriculture office of
natural resources, 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 a part of and supplemental to the
multipurpose small lakes program act.
Sec. 132. K.S.A. 2024 Supp. 82a-1702 is hereby amended to read as
follows: 82a-1702. (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
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HB 2345 131
development projects in the event the Kansas department of agriculture
office of natural resources, 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 executive
director.
(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
such corporation receives them or toward the reimbursement of those
accounts from which those legal obligations were satisfied, in whole or in
part, and it such corporation 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.
Sec. 133. K.S.A. 82a-1703 is hereby amended to read as follows:
82a-1703. 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 office
of natural resources, division of conservation in such form and manner as
the Kansas department of agriculture division of conservation may
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HB 2345 132
prescribe by its in 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 that the item relates, the county or counties in which where such
public corporation is located, the identification of the agreement or
resolution supporting the request, and the amount of state payment
requested therefor.
Sec. 134. K.S.A. 82a-1704 is hereby amended to read as follows:
82a-1704. 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 office of natural resources, 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.
Sec. 135. K.S.A. 82a-1803 is hereby amended to read as follows:
82a-1803. (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 of natural resources, division of water policy and
planning. 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
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HB 2345 133
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(a)(1), 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.
Sec. 136. K.S.A. 82a-1804 is hereby amended to read as follows:
82a-1804. (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 of natural
resources, division of water policy and planning.
(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
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HB 2345 134
river water conservation projects — Colorado moneys fund to be
administered by the director of the Kansas water office of natural
resources, division of water policy and planning.
(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 (a)(2) and (3) , 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.
Sec. 137. K.S.A. 82a-1805 is hereby amended to read as follows:
82a-1805. (a) (1) Any person or entity may apply to the director of the
Kansas water office of natural resources, division of water policy and
planning for expenditure of moneys in the Arkansas river water
conservation projects fund for the purposes set forth in paragraph (1) of
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subsection (a) of K.S.A. 82a-1801(a)(1), 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(a)(2)
and (3), and amendments thereto.
(b) The director of the Kansas water office of natural resources,
division of water policy and planning 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 of natural resources, division of water policy and planning
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 of natural
resources, division of water policy and planning or a designee of the
director of the Kansas water office.
Sec. 138. K.S.A. 82a-1904 is hereby amended to read as follows:
82a-1904. The chief engineer of the Kansas office of natural resources,
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
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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.
Sec. 139. K.S.A. 82a-1905 is hereby amended to read as follows:
82a-1905. Before any proposed rules and regulations of the chief engineer
of the Kansas office of natural resources, 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 executive director of the office of natural
resources; and
(b) the secretary of agriculture executive director shall review and
make recommendations to the chief engineer regarding such proposed
rules and regulations.
Sec. 140. K.S.A. 82a-1906 is hereby amended to read as follows:
82a-1906. (a) The Kansas office of natural resources, 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 where 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.
Sec. 141. K.S.A. 82a-2007 is hereby amended to read as follows:
82a-2007. Subject to appropriations, there shall be an additional employee
at the Kansas department of agriculture office of natural resources,
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.
Sec. 142. K.S.A. 82a-2101 is hereby amended to read as follows:
82a-2101. (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(a)(1), and amendments thereto. The price to the consumer of
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HB 2345 137
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 of natural resources, division of water policy and planning
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 that 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 office of natural resources,
division of conservation shall promulgate rules and regulations in
coordination with the Kansas water office division of water policy and
planning establishing the project application evaluation criteria for the use
of such moneys under subsection (c)(2)(B).
Sec. 143. K.S.A. 82a-2302 is hereby amended to read as follows:
82a-2302. There is hereby established the lower smoky hill water supply
access program within the Kansas water office of natural resources,
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HB 2345 138
division of water policy and planning . The Kansas water office division,
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 division 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.
Sec. 144. K.S.A. 82a-2303 is hereby amended to read as follows:
82a-2303. 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 of natural resources, division of water policy and
planning. 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
division of water policy and planning 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 division of
water policy and planning may accept or receive moneys from the district
into the lower smoky hill water supply access fund.
Sec. 145. K.S.A. 82a-2304 is hereby amended to read as follows:
82a-2304. (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 of natural resources, division of
water policy and planning 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
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HB 2345 139
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 where 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.
Sec. 146. K.S.A. 82a-2305 is hereby amended to read as follows:
82a-2305. (a) A prospective member may join the district if the
prospective member:
(1) Applies to the Kansas water office of natural resources, division
of water policy and planning 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 of natural resources, division of water
policy and planning, 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.
Sec. 147. K.S.A. 82a-2310 is hereby amended to read as follows:
82a-2310. (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 of natural resources, division of water
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HB 2345 140
policy and planning the full annual amortized cost incurred by the Kansas
water office division 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 of natural resources, division of water policy and planning
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 of
natural resources, division of water policy and planning 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 of natural resources,
division of water policy and planning 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 of
natural resources, division of water policy and planning 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 of natural resources, division of water policy and
planning 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 of natural resources, division of water policy and
planning 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
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under a claim for implied contract, negligence or any other tort. The
director of the Kansas water office of natural resources, division of water
policy and planning 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 of natural resources,
division of water policy and planning.
Sec. 148. K.S.A. 82a-2311 is hereby amended to read as follows:
82a-2311. 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 of natural resources, division
of water policy and planning shall conduct such negotiations on a timely
basis and on the provisions for which negotiations are requested.
Sec. 149. K.S.A. 82a-2312 is hereby amended to read as follows:
82a-2312. (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 division of water policy and planning
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.
Sec. 150. K.S.A. 82a-2313 is hereby amended to read as follows:
82a-2313. 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 of natural resources, division of
water policy and planning 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 division of water policy and planning ,
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 division of water policy and
planning.
Sec. 151. K.S.A. 82a-2314 is hereby amended to read as follows:
82a-2314. (a) The Kansas water office of natural resources, division of
water policy and planning 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
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HB 2345 142
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.
Sec. 152. K.S.A. 82a-2317 is hereby amended to read as follows:
82a-2317. (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 of natural resources, division of water
policy and planning , 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 of natural resources, division of water policy and
planning may request additional information from each person signing
such petition.
(b) The director of the Kansas water office of natural resources,
division of water policy and planning, 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 of natural resources, division of water policy and
planning may deem necessary. Upon verification of the eligibility of those
signing such petition the director of the Kansas water office of natural
resources, division of water policy and planning 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.
Sec. 153. K.S.A. 82a-2324 is hereby amended to read as follows:
82a-2324. The Kansas water office of natural resources, division of water
policy and planning shall adopt rules and regulations to implement the
lower smoky hill water supply access program.
Sec. 154. K.S.A. 82a-2402 is hereby amended to read as follows:
82a-2402. 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:
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(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
"General plan" includes 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 of natural resources, division of water
policy and planning 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 means the same as
defined 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.
Sec. 155. K.S.A. 82a-2403 is hereby amended to read as follows:
82a-2403. 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 of natural resources, division of water
policy and planning . A verified copy of the enumeration shall be attached
to and filed with the petition in the office of the secretary of state.
Sec. 156. K.S.A. 82a-2404 is hereby amended to read as follows:
82a-2404. (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
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HB 2345 144
water office of natural resources, division of water policy and planning, 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 of natural resources, division of water
policy and planning 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 __________,
____.
Sec. 157. K.S.A. 82a-2406 is hereby amended to read as follows:
82a-2406. (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 of natural resources, division of water
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policy and planning 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 of natural resources,
division of water policy and planning 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.
Sec. 158. K.S.A. 82a-2407 is hereby amended to read as follows:
82a-2407. (a) Within 10 days after receipt of a certified copy of the report
from the director of the Kansas water office of natural resources, division
of water policy and planning 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 of natural resources,
division of water policy and planning.
(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
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HB 2345 146
register of deeds of each county in which where 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.
Sec. 159. K.S.A. 82a-2408 is hereby amended to read as follows:
82a-2408. 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 of natural resources, division of water
policy and planning , 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.
Sec. 160. K.S.A. 82a-2411 is hereby amended to read as follows:
82a-2411. (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
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HB 2345 147
eligible water right holders of the district and the Kansas water office of
natural resources, division of water policy and planning.
Sec. 161. K.S.A. 82a-2412 is hereby amended to read as follows:
82a-2412. 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 of natural resources, division of water policy and planning.
Sec. 162. K.S.A. 82a-2414 is hereby amended to read as follows:
82a-2414. (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 board approves the general plan and estimate of
cost, they the board shall transmit a complete copy of the general plan to
the director of the Kansas water office of natural resources, division of
water policy and planning and additional copies shall be made available
upon request by the director of the Kansas water office division. Copies of
such plans, estimates and information in the Kansas water office of natural
resources, division of water policy and planning shall be open to
inspection by the public at all reasonable times.
(b) The director of the Kansas water office division 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 of natural resources,
division of water policy and planning shall transmit a written report of the
results of such study and investigation to the board of directors, which that
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HB 2345 148
shall include any changes or modifications which that have been deemed
necessary and which shall include a specific approval or disapproval of the
general plan.
Sec. 163. K.S.A. 82a-2415 is hereby amended to read as follows:
82a-2415. (a) When the general plan is approved by the director of the
Kansas water office of natural resources, division of water policy and
planning, 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 of natural
resources, division of water policy and planning. The director of the
Kansas water office or the director of the Kansas water office's director'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
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HB 2345 149
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 of natural resources,
division of water policy and planning 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 director'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 of natural resources, division of water policy and
planning, 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 the board
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.
Sec. 164. K.S.A. 82a-2416 is hereby amended to read as follows:
82a-2416. (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 . Such 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 of natural
resources, division of water policy and planning , who shall examine and
study the plans and specifications as to conformance to the general plan
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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 . Such report shall include any changes or modifications,
which that the director deems necessary, and which shall include includes
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 of natural resources, division of
water policy and planning in the manner provided by K.S.A. 82a-2414,
and amendments thereto.
Sec. 165. K.S.A. 82a-2419 is hereby amended to read as follows:
82a-2419. (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 of natural resources, division of water policy and planning 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.
Sec. 166. K.S.A. 2-1903, 2-1904, 2-1907, 2-1915, 2-1930, 2-1933,
12-541, 12-636, 12-761, 12-766, 12-2713, 19-2963, 24-407, 24-418, 24-
656, 24-659, 24-1202, 24-1204, 24-1211, 24-1212, 42-701, 42-703, 42-
722, 42-722a, 42-725, 68-1414, 68-2203, 74-506a, 74-506b, 74-5,121, 74-
5,126, 74-5,127, 74-5,128, 74-5,129, 74-5,130, 74-5,131, 74-5,132, 74-
5,132a, 74-2608, 74-2609, 74-2613, 74-99f04, 82a-301, 82a-301a, 82a-
303a, 82a-328, 82a-405, 82a-603, 82a-612, 82a-701, 82a-711, 82a-718,
82a-724, 82a-731, 82a-732, 82a-733, 82a-737, 82a-738, 82a-739, 82a-762,
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82a-767, 82a-770, 82a-771, 82a-773, 82a-902, 82a-905, 82a-906, 82a-907,
82a-910, 82a-911, 82a-915, 82a-920, 82a-922, 82a-923, 82a-932, 82a-933,
82a-934, 82a-954, 82a-1021, 82a-1023, 82a-1042, 82a-1301, 82a-1303,
82a-1311a, 82a-1315b, 82a-1315c, 82a-1332, 82a-1333, 82a-1335, 82a-
1345, 82a-1347, 82a-1348, 82a-1349, 82a-1360, 82a-1361, 82a-1362, 82a-
1363, 82a-1364, 82a-1367, 82a-1368, 82a-1370, 82a-1402, 82a-1502, 82a-
1604, 82a-1605, 82a-1606, 82a-1608, 82a-1609, 82a-1703, 82a-1704, 82a-
1803, 82a-1804, 82a-1805, 82a-1901, 82a-1904, 82a-1905, 82a-1906, 82a-
2007, 82a-2101, 82a-2302, 82a-2303, 82a-2304, 82a-2305, 82a-2310, 82a-
2311, 82a-2312, 82a-2313, 82a-2314, 82a-2317, 82a-2324, 82a-2402, 82a-
2403, 82a-2404, 82a-2406, 82a-2407, 82a-2408, 82a-2411, 82a-2412, 82a-
2414, 82a-2415, 82a-2416 and 82a-2419 and K.S.A. 2024 Supp. 32-1403,
49-603, 49-606, 49-611, 49-613, 49-618, 49-620, 49-621, 49-623, 55-153,
74-2622, 75-3036, 75-37,121, 75-5133, 82a-220, 82a-326, 82a-708b, 82a-
714, 82a-736, 82a-903, 82a-1038, 82a-1041, 82a-1501, 82a-1602, 82a-
1603, 82a-1607 and 82a-1702 are hereby repealed.
Sec. 167. This act shall take effect and be in force from and after July
1, 2026 and its publication in the statute book.
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