History: L. 1973, ch. 417, § 1; July 1.
In order to achieve these objectives, this act requires licensing of water well contractors; provides for the establishment of standards for well construction, reconstruction, treatment and plugging; requires each licensed water well contractor to keep and transmit to the state, upon request, a copy of the log of the well, pump test data if available, and water quality samples; and maintains within the state geological survey of Kansas a record system of well logs and water quality data which will be available to the public.
History: L. 1973, ch. 417, § 2; L. 1979, ch. 334, § 1; July 1.
(a) "Construction of water wells" means all acts necessary to obtaining groundwater by any method for any use including, without limitation, the location of and excavation for the well.
(b) "Person" means any individual, association, firm, partnership, corporation or governmental entity.
(c) "Sand point" or "well point" means any driven well which is 25 feet or less in depth and is constructed by manually driving into the ground a drive point fitted to the lower end of tightly connected sections of pipe that are 2 inches or less in diameter.
(d) "Domestic uses" means the use of water by any person, family unit or household for household purposes, the watering of livestock, poultry, farm and domestic animals used in operating a farm or the irrigation of lands not exceeding a total of two acres in area for the growing of gardens, orchards or lawns.
(e) "Secretary" means the secretary of health and environment.
(f) "Water well" means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed, when the intended use of such excavation is for the location, diversion, artificial recharge or acquisition of groundwater.
(g) "Water well contractor" or "contractor" means any person who constructs, reconstructs or treats a water well. The term shall not include:
(1) An individual while in the act of constructing a water well on land which is owned by such individual and is used by such individual for domestic purposes at such individual's place of abode, but only when the well is constructed in compliance with prescribed minimum well standards as provided in this act; or
(2) an individual who performs labor or services for a licensed water well contractor at such contractor's direction and under such contractor's supervision.
History: L. 1973, ch. 417, § 3; L. 1974, ch. 352, § 172; L. 1989, ch. 311, § 1; July 1.
History: L. 1973, ch. 417, § 4; L. 1974, ch. 348, § 100; Repealed, L. 1974, ch. 352, § 189; July 1.
(b) The secretary shall fix by rules and regulations reasonable license fees annually for each contractor and for each drill rig operated by or for such contractor. The secretary shall fix by rules and regulations an additional fee for each water well drilled except as provided in paragraphs (1) and (2) of subsection (c) of K.S.A. 82a-1203 and amendments thereto. Such fees shall be in an amount, which, together with any other funds available therefor, will produce an amount, which will properly administer the provisions of this act. Any nonresident may secure a water well contractor's license in Kansas upon approval of an application therefor by the secretary and the payment of a fee equal to the fee charged for a similar nonresident license by the state in which the applicant is a resident, but in no case shall the fee be less than that charged a Kansas resident.
(c) The secretary shall have the power and authority and may cause to be inspected water wells in all phases of construction, reconstruction, treatment or plugging, and shall have access to such wells at all reasonable times. The secretary shall have general supervision and authority over the construction, reconstruction and treatment of all water wells and the plugging of holes drilled and abandoned in search of a groundwater supply or hydrogeological information.
(d) The secretary may employ within funds available such engineering, geological, legal, clerical and other personnel as may be necessary for the proper performance of responsibilities under this act. Such employees shall be within the classified service under the Kansas civil service act.
(e) The secretary is authorized and directed to cause examination to be made of applicants for licensing; to renew such licenses; to adopt rules and regulations necessary to establish continuing educational requirements for persons licensed under this act; to issue licenses to qualified water well contractors in this state; to revoke or suspend licenses after their issuance is hereafter determined, after notice to the person affected and an opportunity for hearing; and to reinstate licenses previously revoked when justification therefor is shown.
(f) The secretary shall prepare, in the form and manner prescribed by law, a report on the administration of this act.
History: L. 1973, ch. 417, § 5; L. 1974, ch. 352, § 173; L. 1979, ch. 334, § 2; L. 1983, ch. 286, § 8; L. 1991, ch. 293, § 1; July 1.
(b) All application fees and license fees collected hereunder shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. On July 1, 1983, the director of accounts and reports shall transfer all moneys in the water well contractors licensing fund to the state general fund. All liabilities of the water well contractors licensing fund are hereby transferred to and imposed upon the state general fund. The water well contractors licensing fund is hereby abolished.
(c) A license to construct water wells shall be issued to any applicant if, under the standards set forth in K.S.A. 82a-1207, and amendments thereto, the secretary shall determine such applicant is qualified to conduct water well construction operations. In the granting of such licenses due regard shall be given to the interest of the state of Kansas in the protection of its underground water resources. Application fees paid hereunder shall be retained by the secretary whether such initial license is issued or denied, but if denied, the license fee shall be refunded.
(d) Applicants for licenses hereunder who are engaged in business as water well contractors in this state, if incorporated, shall submit evidence of current good standing with the registration requirements for corporations of the secretary of state.
History: L. 1973, ch. 417, § 6; L. 1974, ch. 352, § 174; L. 1979, ch. 334, § 3; L. 1983, ch. 286, § 14; L. 2001, ch. 5, § 474; July 1.
(a) Familiarity with Kansas water laws, sanitary standards for water well drilling and construction of water wells and rules and regulations relating to water well construction, reconstruction, treatment and plugging as adopted by the secretary;
(b) Knowledge of groundwater and subsurface geology in its relation to well construction.
The examinations conducted by the secretary shall be held at such times and places as he may determine. Failure of an applicant to pass such examination shall disqualify him from making further application for a period of one (1) month. The secretary shall act within a reasonable time upon all applications for licenses hereunder.
History: L. 1973, ch. 417, § 7; L. 1974, ch. 352, § 175; L. 1979, ch. 334, § 4; July 1.
History: L. 1973, ch. 417, § 8; L. 1974, ch. 352, § 176; Repealed, L. 1979, ch. 334, § 10; July 1.
Any contractor licensed under the provisions of this act may, on or before July 1, each year, renew such license by paying the annual fee as determined by the secretary and complying with continuing education requirements established by the secretary. If the licensee has not met the requirements for renewal of the license on or before July 1, the license shall be revoked by the secretary. Prior to such revocation, however, the secretary shall notify the applicant of the secretary's intention to revoke at least 10 days prior to the time set for action to be taken, by notice to the applicant at the address appearing on such license in the records and files of the secretary and compliance with the provisions of the Kansas administrative procedure act. A license, once revoked, may not be reinstated unless the revocation resulted because of an error of the secretary or other reason not the fault of the licensee. A person whose license has been revoked and who desires to continue to engage in the business of water well construction in this state, must make application as provided for in K.S.A. 82a-1207, and amendments thereto. Such applicant may be required to retake the examination.
History: L. 1973, ch. 417, § 9; L. 1974, ch. 352, § 177; L. 1979, ch. 334, § 5; L. 1984, ch. 313, § 147; L. 1991, ch. 293, § 2; July 1.
History: L. 1973, ch. 417, § 10; L. 1974, ch. 352, § 178; L. 1979, ch. 334, § 6; L. 1984, ch. 313, § 148; July 1, 1985.
History: L. 1973, ch. 417, § 11; L. 1974, ch. 352, § 179; L. 1984, ch. 313, § 149; July 1, 1985.
(a) The name and address of the landowner and the legal description of the location of the well;
(b) The character and depth of the formation passed through or encountered;
(c) The depth at which water is encountered;
(d) The static water level of the completed well;
(e) A copy of the record of pumping tests, if any; and
(f) The construction or reconstruction details of the completed water well including lengths and sizes of casing, length and size of perforations or screens, and length and size of gravel packing; [and]
(g) The amount, type and placement of plug materials used in plugging a water well.
A water sample shall be furnished to the secretary, upon request, within thirty (30) days after completion of such well unless an extension of time is granted by the secretary, in which case, the sample shall be furnished to the secretary within such extended period of time. The well logs and a copy of the water quality analysis shall be transmitted by the secretary to the state geological survey and kept on file by the survey and be available to the public.
History: L. 1973, ch. 417, § 12; L. 1974, ch. 352, § 180; L. 1979, ch. 334, § 7; July 1.
History: L. 1973, ch. 417, § 13; L. 1974, ch. 352, § 181; L. 1979, ch. 334, § 8; July 1.
History: L. 1973, ch. 417, § 14; L. 1974, ch. 352, § 182; L. 1979, ch. 335, § 1; L. 1984, ch. 313, § 150; July 1, 1985.
History: L. 1973, ch. 417, § 15; July 1.
(b) The secretary of the department of health and environment or the director of the division of environment, if designated by the secretary, upon a finding that a person has violated any provision of the Kansas groundwater exploration and protection act, or any order issued or rule and regulation adopted thereunder, may: (1) Issue a written order requiring that necessary remedial or preventive action be taken within a reasonable time period; (2) assess a civil penalty for each violation within the limits provided in this section which shall constitute an actual and substantial economic deterrent to the violation for which assessed; or (3) both issue such order and assess such penalty. The order shall specify the provisions of the act or rules and regulations alleged to be violated and the facts constituting each violation. Such order shall include the right to a hearing. Any such order shall become final unless, within 15 days after service of the order, the person named therein shall request in writing a hearing by the secretary. If a hearing is requested, the secretary shall notify the alleged violator or violators of the date, place and time of the hearing.
(c) No civil penalty shall be imposed under this section except after notification by issuance and service of the written order and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.
(d) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(e) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(f) Nothing in this act shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor.
History: L. 1989, ch. 311, § 2; L. 2001, ch. 5, § 475; July 1.
(b) In any civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction or permanent injunction is sought, it shall be sufficient to show that a violation of the provisions of this act or the rules and regulations adopted thereunder has occurred or is imminent. It shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued or that the remedy at law is inadequate.
History: L. 1989, ch. 311, § 3; July 1.
History: L. 1989, ch. 311, § 4; July 1.
History: L. 1989, ch. 311, § 5; July 1.