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HOUSE BILL No. 2477
AN ACT concerning water; relating to the Kansas department of agriculture; requiring the
department to publish a map on the department's official website that shows the
location of all applied-for diversions of water and requested changes of more than
300 feet; requiring any resulting orders to be posted on the department's official
website; expanding the current individual notice requirement to apply to all
landowners that are within half a mile of such applied-for diversions or changes;
removing the requirement for such individual notice to be made by the department in
conjunction with the applicable groundwater management district; amending K.S.A.
82a-745 and 82a-1906 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 82a-745 is hereby amended to read as follows:
82a-745. (a) Any water right owner or a group of water right owners in
a designated area may enter into a consent agreement and order with
the chief engineer to establish a water conservation area. The water
right owner or group of water right owners shall submit a management
plan to the chief engineer. Such management plan shall be the basis of
the consent agreement and order designating a water conservation area
and shall:
(1) Include clear geographic boundaries;
(2) include the written consent of all participating water right
owners within the geographic boundaries described in paragraph (1) to
enter into the consent agreement and order;
(3) include a finding or findings that one or more of the
circumstances specified in K.S.A. 82a-1036(a) through (d), and
amendments thereto, exist, or include a finding or findings that the area
within the geographic boundaries described in paragraph (1) has been
closed to new appropriations by rule, regulation or order of the chief
engineer;
(4) include provisions regarding the proposed duration of the
water conservation area and any process by which water right owners
may request to be added or removed from the water conservation area;
(5) include goals and one or more of the corrective control
provisions provided in subsection (b);
(6) give due consideration to water users who have previously
implemented reductions in water use resulting in voluntary
conservation measures;
(7) include compliance monitoring and enforcement; and
(8) be consistent with state law.
(b) A consent agreement and order of designation of a water
conservation area pursuant to this section shall define the boundaries of
the water conservation area and may include any of the following
corrective control provisions:
(1) Closing the water conservation area to any further
appropriation of groundwater. In which event, the chief engineer shall
thereafter refuse to accept any application for a permit to appropriate
groundwater located within such area;
(2) determining the permissible total withdrawal of groundwater
in the water conservation area each day, month or year, and
apportioning such permissible total withdrawal among the valid
groundwater right holders in such area in accordance with the relative
dates of priority of such rights;
(3) reducing the permissible withdrawal of groundwater by any
one or more appropriators thereof, or by wells in the water conservation
area;
(4) requiring and specifying a system of rotation of groundwater
use in the water conservation area; and
(5) any other provisions necessary to effectuate agreed-upon water
conservation goals consistent with the public interest.
The chief engineer shall be responsible for the monitoring and
enforcement of any corrective control provisions ordered for a water
conservation area.
(c) The order of designation shall be in full force and effect from
the date of its entry in the records of the chief engineer's office. The
chief engineer upon request shall deliver a copy of such order to any
interested person who is affected by such order and shall file a copy of
HOUSE BILL No. 2477—page 2
the same with the register of deeds of any county within which any part
of the water conservation area lies.
(d) If any corrective control provisions of a water conservation
area conflict with rules and regulations of a groundwater management
district or requirements of a local enhanced management plan or
intensive groundwater use control area that result in greater overall
conservation of water resources within which a participating water right
is situated, the chief engineer is authorized to amend the provisions of
the water conservation area to conform to any rules and regulations or
requirements that result in greater conservation of water resources, as
determined by the chief engineer.
(e) To provide flexibility in the management of water resources, as
part of the consent agreement and order of designation, the chief
engineer may authorize a management plan that allots water authorized
by existing water rights, subject to the following limitations:
(1) The management plan shall be limited to the term of the water
conservation area;
(2) the management plan may allow, in any given calendar year,
the water use of an individual water right or rights to exceed the annual
authorized quantity of the individual water right or rights participating
in the management plan, provided that the water use shall not exceed
the total annual authorized aggregate quantity and rate of all the water
rights participating in the management plan in any given calendar year;
(3) the authority granted through the management plan shall
supersede the participating water rights during the term of the water
conservation area or until the management plan is suspended by the
chief engineer in accordance with this subsection; and
(4) for purposes of determining priority, the management plan
shall be assigned the priority date of its effectuation.
(f) In addition to a management plan under subsection (e), as a
part of the consent agreement and order of designation, the chief
engineer may include the use of multi-year flex accounts as authorized
by K.S.A. 82a-736, and amendments thereto.
(g) No management plan authorized under a water conservation
area shall be allowed to impair any water right. At any time during the
term of a water conservation area, if the chief engineer determines that
impairment may be occurring, following a complaint and preliminary
investigation into relevant physical facts, the chief engineer may
suspend operation of the water conservation area. In the event of such
suspension, each participating water right may be operated in
accordance with its permitted terms and conditions as in effect prior to
operation of the water conservation area. Upon conclusion of an
investigation by the chief engineer and a finding of impairment, the
chief engineer may terminate the water conservation area, or may
modify the water conservation area subject to consent of the
participating water right owners, to alleviate any impairment.
(h) Prior to execution of a proposed water conservation area
consent agreement and order of designation pursuant to this section, the
chief engineer shall notify in writing the groundwater management
district within which any participating water right is situated. Such
groundwater management district shall be given an opportunity to
provide a written recommendation regarding the proposed water
conservation area and management plan within 45 days of notification
by the chief engineer. The review period may be extended by up to 30
days upon approval by the chief engineer. Subject to subsection (d),
any participating water right in a water conservation area shall continue
to be subject to all applicable rules and regulations and management
plans of the groundwater management district in which the water right
is situated.
(i) The chief engineer shall provide notification, as specified in
K.S.A. 82a-1906, and amendments thereto, to all water right owners
with a point of diversion within 1/2 a mile, or farther if deemed
necessary by a rule and regulation of the chief engineer, of the
boundaries of a water conservation area. Notification shall include a
HOUSE BILL No. 2477—page 3
reference to an electronic publication of the management plan and any
relevant technical analysis.
(j) The consent agreement and order of designation shall provide
for periodic review of the consent agreement and order, which may be
initiated by the chief engineer or upon request of the water right owners
in the water conservation area. The consent agreement and order shall
specify the frequency of such periodic review, but a review shall be
conducted at least once every 10 years.
(k)(j) (1) The chief engineer may, with the consent of all
participating water right owners, amend a consent agreement and order
of designation in order to:
(A) Modify corrective control provisions or the boundaries of the
designated area;
(B) add or remove water rights upon request of such water right
owners;
(C) terminate a water conservation area upon the request of the
water right owners in the designated area; or
(D) make other changes the water right owners may request.
(2) Any amendments to a consent agreement and order of
designation, except amendments that remove a water right upon request
of the owner so long as the consent of all participating water right
owners is not required pursuant to the management plan, shall be
consented to by all participating water right owners within the
designated area and the chief engineer and shall be based upon a
revised management plan submitted by the participating water right
owners.
(l)(k) No water right shall be perfected pursuant to a water
conservation area.
(m)(l) Notwithstanding K.S.A. 82a-1039, and amendments
thereto, nothing in this section shall be construed as limiting or
affecting any duty or power of a groundwater management district
granted to such district by the Kansas groundwater management district
act.
(n)(m) The chief engineer shall adopt rules and regulations to
effectuate and administer the provisions of this section.
(o)(n) The provisions of this section shall be a part of and
supplemental to the Kansas water appropriation act.
Sec. 2. K.S.A. 82a-1906 is hereby amended to read as follows:
82a-1906. (a) The division of water resources of the Kansas department
of agriculture shall post all complete applications and all orders issued
by the division pursuant to K.S.A. 82a-706b, 82a-708a and 82a-708b,
and amendments thereto, and K.S.A. 82a-745, and amendments thereto,
publish a map on its the department's official website showing the
location of, and any other pertinent information related to, all
diversions of water sought by all applications filed with the division:
(1) Pursuant to K.S.A. 82a-711, and amendments thereto; and
(2) that request a change in the point of diversion of a water right
of more than 300 feet pursuant to K.S.A. 82a-708b, and amendments
thereto.
(b) The division shall post all orders on the department's official
website that:
(1) Are issued pursuant to K.S.A. 82a-711, and amendments
thereto; and
(2) allow a change in the point of diversion of a water right of
more than 300 feet issued pursuant to K.S.A. 82a-708b, and
amendments thereto.
(c) The division , in conjunction with the groundwater
management district within which such water right is situated, shall
notify all water right owners with a point of diversion landowners
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
HOUSE BILL No. 2477—page 4
300 feet or less from the currently authorized location all applications
filed with the division:
(1) Pursuant to K.S.A. 82a-711, and amendments thereto; and
(2) that seek a change in the point of diversion of a water right of
more than 300 feet pursuant to K.S.A. 82a-708b, and amendments
thereto.
Sec. 3. K.S.A. 82a-745 and 82a-1906 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and passed that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.