(a) "Director" means the director of the Kansas water office.
(b) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.
(c) "Authority" means the Kansas water authority.
(d) "Person" means and includes a natural person, partnership, organization, association, private corporation, public corporation, any taxing district or political subdivision of the state, and any department or agency of the state government.
(e) "Public corporation" means a body that has for its object the government of a political subdivision of this state and includes any county, township, city, district, authority, or other municipal corporation or political subdivision of this state.
(f) "Federal government" means the United States of America or any department or agency thereof.
(g) "Point of diversion for a reservoir" means the point where the longitudinal axis of the dam of a reservoir crosses the center of the streambed.
(h) "Point of rediversion" means the point where released water is taken for beneficial use from the watercourse by which it is transported.
(i) "Point of withdrawal from the reservoir" means the point at which water is taken from the reservoir by pump, siphon, canal or any other device or released through a dam by gates, conduits or any other means.
(j) "Capital cost" means all costs, including the principal and interest thereon, incurred by the state in the construction or acquisition of conservation storage water supply capacity in the reservoir system from which water may be contracted for sale.
(k) "Surplus waters" means waters within the conservation storage water supply capacity committed to the state, but not required to meet contractual requirements made pursuant to K.S.A. 82a-1305, and amendments thereto.
History: L. 1974, ch. 452, § 1; L. 1976, ch. 441, § 1; L. 1983, ch. 343, § 1; L. 1984, ch. 382, § 1; L. 1986, ch. 396, § 2; L. 2004, ch. 101, § 150; July 1.
History: L. 1974, ch. 452, § 2; L. 1986, ch. 396, § 3; July 1.
(b) Whenever the authority shall determine that it is in the public interest to acquire, reserve or purchase water located in another state for this state's conservation storage water supply capacity, it shall authorize the director to enter into contract negotiations to acquire, reserve or purchase such water. Any such contract shall be subject to final approval of the authority.
History: L. 1974, ch. 452, § 3; L. 1983, ch. 343, § 2; L. 1986, ch. 394, § 4; July 1.
(a) The name of the stream on which the reservoir is located;
(b) the reservoir on which a water reservation right is sought;
(c) the legal description of the point of diversion for the reservoir;
(d) the storage space in the reservoir for supply or for water quality described in terms of elevation and design capacity;
(e) for a water reservation right for waters flowing into the conservation storage water supply capacity of any reservoir, hydrologic calculations for a drought having a 2% chance of occurrence in any one year with the reservoir in operation, specifying the rate of flow of streams into the reservoir and the volume of waters impounded in the reservoir that will be necessary to insure a yield of water from the reservoir for beneficial use;
(f) for a water reservation right for waters flowing into the conservation storage water quality capacity of any reservoir, information on rates of flow into the reservoir; and
(g) such other information which the chief engineer may request in carrying out provisions of this act.
Upon receiving any such filing, the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof, or inform the director in writing that the notice does not comply with the above requirements in one or more ways, all of which shall be specified. Thereupon, the director shall modify the written notice as may be appropriate and return the notice to the chief engineer. When the written notice complies with the requirements of this section the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof. Upon receipt of the written acceptance of the chief engineer as provided in this section, the director shall file, as other instruments affecting real estate, copies of the accepted written notice in the office of the register of deeds of the county or counties wherein the point of diversion for the reservoir is located; and such water reservation right shall thereby be perfected as of the date of original filing.
Nothing in this section shall require the director to acquire an appropriation right, or approval of the chief engineer, under article 7 of chapter 82a of Kansas Statutes Annotated.
History: L. 1974, ch. 452, § 4; L. 1983, ch. 343, § 3; L. 1986, ch. 394, § 5; July 1.
(b) Whenever the authority finds that it is in the public's interest and will advance the purposes set forth in this act and in article 9 of chapter 82a of Kansas Statutes Annotated, and amendments thereto, the authority shall authorize the director to dispose of waters found by the authority to be surplus waters. Any arrangement for the disposition of any such surplus waters shall not be subject to the provisions of K.S.A. 82a-1306, 82a-1307 and 82a-1308a, and amendments thereto, relating to long-term contracts. No such arrangement shall be made for a period of time in excess of one year nor shall any such arrangement dispose of water from the conservation water supply capacity in excess of 10% of the yield capability as computed pursuant to subsection (a) unless the governor has declared that an emergency exists which affects the public health, safety or welfare. No charges shall be levied on the disposition of surplus waters when the purpose for such disposition is streamflow maintenance or reservoir pool management. A charge at a rate not to exceed the rate established pursuant to K.S.A. 82a-1306, and amendments thereto, shall be levied on the disposition of surplus waters when the purpose of such disposition is the maintenance of public health. A charge at a rate that may exceed the rate established pursuant to K.S.A. 82a-1306, and amendments thereto, shall be levied on the disposition of surplus waters when the purpose for such disposition is other than streamflow maintenance, reservoir pool management or maintenance of public health.
History: L. 1974, ch. 452, § 5; L. 1976, ch. 441, § 2; L. 1977, ch. 358, § 1; L. 1983, ch. 343, § 4; L. 1984, ch. 382, § 2; L. 1986, ch. 396, § 4; July 1.
(1) Provision for charges, which shall be set by the director, subject to approval by the authority, at a rate which the director shall fix per 1,000 gallons of water at the point of withdrawal from the reservoir as provided in K.S.A. 82a-1308a, and amendments thereto;
(2) except as provided in subsection (b), provisions for a minimum annual charge to be paid in either an annual lump sum or in 12 equal monthly installments, whether or not water is withdrawn during the calendar year. The minimum annual charge shall be the sum of 50% of the total amount of water contracted for that year multiplied by the rate fixed under paragraph (1), plus, the remaining 50% of the water reserved under contract for that year, an amount as interest computed at a rate per annum equal to the average of the monthly net earnings rates for the pooled money investment portfolio for the preceding calendar year on the net amount of moneys advanced from state funds for costs incurred and associated with that portion of the state's conservation water supply capacity. The amount of water contracted for during the term may be based upon either equal annual amounts or an agreed-upon graduated scale which would be the best estimate at the time of contracting for the purchaser's water needs during the term of the contract;
(3) provisions that the director shall review and may adjust the rate provided in paragraph (1) on July 15 of each year effective January 1 of the following year to reflect any change in experience by substituting the adjusted rate for the rate then stated in the contract;
(4) provisions that the director may adjust the total amount of water contracted for as provided under paragraph (2) on the sixth anniversary of the execution of the contract and each annual anniversary thereafter, if the contractor does not begin full payment for the water under contract and another water user is ready, willing and able to contract for such water;
(5) provisions that water may be withdrawn in any calendar year up to the quantity used to compute the minimum annual charge under paragraph (2) without additional charge;
(6) provisions that water may be withdrawn in any calendar year in excess of the quantity used to compute the minimum annual charge under paragraph (2) but not to exceed the full amount specified in the contract for each year, upon payment of a charge therefor which shall be computed at the rate fixed under paragraph (1) for all water actually withdrawn. In addition, an amount shall be paid, on the unused balance of the water reserved under contract that calendar year, as interest computed as a rate per annum equal to the average of interest earned the past calendar year on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board on the net amount of moneys advanced from state funds for costs incurred and associated with that portion of the state's conservation water supply capacity;
(7) provisions that if the total amount of waters contracted for withdrawal from any reservoir in any year is greater than the supply available from that reservoir, the director, subject to approval by the authority, will apportion the available waters among the persons having contracts therefor as may best provide for the health, safety and general welfare of the people of this state as determined by the authority, and neither the state nor the authority shall be responsible or have any legal liability for any insufficiency of water or apportionment thereof;
(8) additional provisions that the director finds reasonable and necessary to protect the public's interest and to achieve the purpose set forth in article 9 of chapter 82a of Kansas Statutes Annotated, and amendments thereto; and
(9) additional provisions, within the purview of this act, that the director finds reasonable and necessary to protect the health, safety and general welfare of the people of this state.
(b) Every contract entered into under the authority of K.S.A. 82a-1305, and amendments thereto, may provide, if the parties agree, that the beginning of the payment period be deferred until water is available and whenever, in order to use such water, bonds are required to be issued or the construction of transmission or treatment facilities is required as follows: If water is not available at the time of contracting, for a maximum of three years from the date the water first becomes available, or until actual use of the water commences, whichever occurs first. If water is available at the time of contracting, the beginning of the payment period may be deferred to a date three years from the date of the contract, or until actual use of the water commences, whichever occurs first.
History: L. 1974, ch. 452, § 6; L. 1976, ch. 441, § 3; L. 1983, ch. 343, § 5; L. 1984, ch. 382, § 3; L. 1986, ch. 396, § 5; L. 1998, ch. 123, § 5; July 1.
History: L. 1974, ch. 452, § 7; L. 1976, ch. 441, § 4; L. 1982, ch. 438, § 1; L. 1983, ch. 343, § 6; L. 1986, ch. 396, § 6; July 1.
History: L. 1974, ch. 452, § 8; L. 1976, ch. 441, § 5; Repealed, L. 1983, ch. 343, § 19; March 17.
(1) An amount necessary to repay the amortized capital costs associated with the state's conservation water supply capacity;
(2) an amount as interest computed at a rate per annum equal to the average of the monthly net earnings rate of the pooled money investment board for the preceding calendar year on the net amount of moneys advanced from the state general fund for payment of the amortized capital costs incurred and associated with the state's conservation water supply capacity divided by the greater of: (A) Fifty percent of the total amount of water under each contract from the state's conservation storage water supply capacity in the preceding year; or (B) the total amount of water withdrawn under each contract from the state's conservation storage water supply capacity in the preceding year;
(3) the amount necessary to reimburse the state for the administration and enforcement of this act based on the actual costs of administration and enforcement in the preceding year divided by the greater of: (A) Fifty percent of the total amount of water under each contract from the state's conservation storage water supply capacity in the preceding year; or (B) the total amount of water withdrawn under each contract from the state's conservation storage water supply capacity in the preceding year; and
(4) the amount necessary to pay the operation, maintenance and repair costs associated with the state's conservation water supply capacity based on the estimated costs for the upcoming year divided by the greater of: (A) Fifty percent of the total amount of water under each contract from the state's conservation storage water supply capacity in the preceding year; or (B) the total amount of water withdrawn under each contract from the state's conservation storage water supply capacity in the preceding year; and
(5) an amount as a depreciation reserve cost to be dedicated for the purposes provided for in K.S.A. 82a-1315b, and amendments thereto, as follows: (A) For calendar years prior to 2007, an amount equal to $.025; and (B) for calendar year 2007 and subsequent years, an amount which is equal to the amount necessary to meet the needs of the water marketing program capital development and storage maintenance plan, as approved by the Kansas water authority.
(b) In computing such rates, the director shall consider the state's conservation water supply capacity from all sources as though impounded in one single reservoir. No water supply capacity of a reservoir shall be considered to be in such capacity until the year in which the state incurs contract obligations for the project. The rate so fixed for each year shall be the same for each contract under K.S.A. 82a-1305, and amendments thereto, for withdrawal from every reservoir. The rate fixed for each twelve-month period from January 1 to December 31 shall be the same for every contract under K.S.A. 82a-1305, and amendments thereto.
History: L. 1983, ch. 343, § 7; L. 1984, ch. 382, § 4; L. 1986, ch. 396, § 7; L. 1998, ch. 123, § 6; L. 2005, ch. 180, § 1; July 1.
History: L. 1974, ch. 452, § 9; L. 1983, ch. 343, § 8; March 17.
History: L. 1974, ch. 452, § 10; Repealed, L. 1983, ch. 343, § 19; March 17.
History: L. 1983, ch. 343, § 9; L. 1986, ch. 396, § 8; July 1.
History: L. 1974, ch. 452, § 11; Repealed, L. 1983, ch. 343, § 19; March 17.
(b) Upon request of the chairperson of the authority, the director shall transmit all available information necessary to determine whether or not to approve a contract to purchase water from the state's conservation water supply capacity or to use surplus waters for minimum streamflow requirements, unless an emergency exists.
(c) In order to determine whether a proposed contract for the sale of water from the state's conservation water supply capacity is in the interest of the people of the state of Kansas and whether the benefits to the state for approving the contract outweigh the benefits to the state for not approving the contract, the authority shall consider all matters pertaining to such questions, including:
(1) The present and future water supply needs of the applicant;
(2) any current beneficial uses being made of the noncontracted water proposed to be diverted;
(3) any reasonably foreseeable future beneficial uses of the water;
(4) the economic, environmental, public health and welfare and other benefits or adverse impact of approving the contract;
(5) alternative sources of water available to the applicant;
(6) the preliminary plan of design, construction and operation of any works or facilities used in conjunction with carrying the water to its point of use;
(7) whether the proposed purchase is consistent with the state water plan approved by the legislature;
(8) the date of receipt of the application to contract for withdrawal and use of water;
(9) minimum streamflow requirements; and
(10) whether the applicant has adopted and implemented a water conservation plan.
(d) The authority may require an applicant for a contract for the sale of water from the state's conservation water supply capacity to adopt and implement conservation plans and practices. Such plans and practices shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office pursuant to subsection (c) of K.S.A. 74-2608, and amendments thereto. Prior to approval of an application, the director of the Kansas water office, in consultation with the chief engineer, shall determine whether such plans and practices are consistent with the guidelines adopted by the Kansas water office.
(e) The authority may approve or reject the proposed contract and may recommend purchase of water from an alternative source. The authority may approve a contract for a smaller amount of water than requested and may approve a contract upon such terms, conditions and limitations as it deems necessary for the protection of the public interest of the state as a whole.
History: L. 1983, ch. 343, § 10; L. 1986, ch. 392, § 5; L. 1986, ch. 396, § 9; July 1.
History: L. 1974, ch. 452, § 12; L. 1983, ch. 343, § 11; March 17.
History: L. 1974, ch. 452, § 13; March 22.
History: L. 1974, ch. 452, § 14; L. 1983, ch. 343, § 12; L. 1984, ch. 382, § 5; L. 1986, ch. 396, § 11; July 1.
History: L. 1974, ch. 452, § 15; Repealed, L. 1983, ch. 343, § 19; March 17.
History: L. 1983, ch. 343, § 13; L. 1991, ch. 290, § 2; L. 2001, ch. 5, § 476; July 1.
(b) That portion of all moneys received by the state treasurer pursuant to K.S.A. 82a-1315a, and amendments thereto, which is not attributable to: (1) The annual repayment on water storage costs in federal reservoirs as computed under subsection (a)(1) of K.S.A. 82a-1308a, and amendments thereto; (2) the operation, maintenance and repair costs associated with the state's conservation water supply capacity; and (3) the costs in administering and enforcing the provisions of this act, shall be deposited in the state treasury to the credit of the state conservation storage water supply fund which is hereby established. The director shall provide the treasurer with an accounting of the total remittances and shall deposit money only to the credit of the state conservation storage water supply fund after the full amount of the costs attributable to the water marketing fund from the preceding calendar year have been repaid. For purposes of calculating the rate in K.S.A. 82a-1308a, and amendments thereto, effective beginning calendar year 1986, all moneys received pursuant to this act since 1975 shall be credited for repayment of the components in the following order: paragraphs (1), (4), (3), (2), (5) of subsection (a) of K.S.A. 82a-1308a, and amendments thereto.
(c) The state conservation storage water supply fund shall serve in part as a savings fund to further the purpose of this act and the fund shall be credited amounts for interest earned thereon in accordance with subsection (e). The director may accept or receive moneys from any source, governmental or private, for the purposes for which expenditures may be made from this fund. The director shall remit all such moneys to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state conservation storage water supply fund.
(d) All expenditures from the state conservation storage water supply fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or by a person or persons designated by the director and shall be used solely for the purpose of acquisition, development or maintenance of conservation storage water supply in impoundments deemed necessary to implement the state water plan, including expenditures related to the issuance of revenue bonds for such purposes and nonwater supply benefits associated with such purposes.
(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the conservation storage water supply fund interest earnings based on:
(1) The average daily balance of moneys in the conservation storage water supply fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 1983, ch. 343, § 14; L. 1986, ch. 396, § 12; L. 1991, ch. 290, § 3; L. 1998, ch. 123, § 7; L. 2001, ch. 5, § 477; L. 2005, ch. 180, § 2; July 1.
(b) Moneys credited to the water marketing fund shall be used for the following purposes:
(1) Payment to the federal government of annual capital costs associated with water supply storage space in reservoirs under the state water plan storage act;
(2) repayment to the state general fund for moneys advanced to make annual capital cost payments for water supply storage space in reservoirs under the state water plan storage act;
(3) payment to the federal government of annual operation, maintenance and repair costs associated with the water supply storage space under the state water plan storage act;
(4) payment of administration and enforcement costs of the state associated with the state water plan storage act;
(5) an annual set-aside to a reserve account which is hereby created as part of this fund of an amount specified by the director of the Kansas water office but not more than 1[ per 1,000 gallons of water sold, such reserve to be used to meet any shortfall in revenue or unusual expenses relating to operation, maintenance and repair costs; and
(6) deposit of receipts as required under K.S.A. 82a-1315b, and amendments thereto.
(c) All expenditures from the water marketing fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or by a person designated by the director.
History: L. 1991, ch. 290, § 1; L. 2001, ch. 5, § 478; L. 2005, ch. 180, § 3; July 1.
Every such contract amendment shall be transmitted as provided in K.S.A. 82a-1307, and amendments thereto for original contracts, and shall be subject to revocation as provided in K.S.A. 82a-1307, and amendments thereto. Whenever a contract amendment is so revoked, the contract to which the amendment applied shall remain valid and unchanged, as though such amendment had never been agreed upon.
History: L. 1974, ch. 452, § 16; L. 1983, ch. 343, § 15; March 17.
History: L. 1974, ch. 452, § 17; L. 1983, ch. 343, § 16; L. 1984, ch. 382, § 6; L. 1986, ch. 396, § 13; July 1.
History: L. 1974, ch. 452, § 18; L. 1983, ch. 343, § 17; March 17.
History: L. 1974, ch. 452, § 19; L. 1983, ch. 343, § 18; March 17.
History: L. 1974, ch. 452, § 20; March 22.
History: L. 1986, ch. 391, § 1; July 1.
(a) "Assurance storage" means that part of the conservation storage water supply capacity of any reservoir devoted to the storage water for the water assurance program;
(b) "assurance water" means water stored in assurance storage of a reservoir under a water reservation right and provided as supplemental water to eligible water right holders;
(c) "water assurance district" means an organization of eligible water right holders;
(d) "assurance reservoir" means any reservoir containing assurance storage;
(e) "eligible water right holder" means any entity holding a water right or permit, pursuant to K.S.A. 82a-701 et seq., and amendments thereto, to appropriate water from a stream or water from the alluvium of the stream downstream from an assurance reservoir for municipal or industrial purposes as determined by the chief engineer pursuant to K.S.A. 82a-1333; and
(f) "member" means an eligible water right holder who, because of a determination of benefit by the chief engineer, is required to participate in and is subject to the rules of a water assurance district. An eligible water right holder who withdraws water from the alluvium of a stream supplemented by an assurance reservoir shall be a member if the chief engineer determines there is a significant benefit to such holder from supplementing the stream by assurance reservoir releases.
History: L. 1986, ch. 391, § 2; July 1.
History: L. 1986, ch. 391, § 3; July 1.
(a) The annual quantity and rate of diversion authorized by the water right and the frequency and the distribution of such use with time;
(b) the consumptive use, location and source of the water right; and
(c) such other factors as may be necessary to fully determine and understand the degree of such benefits.
History: L. 1986, ch. 391, § 4; July 1.
History: L. 1986, ch. 391, § 5; July 1.
(b) Every petition filed pursuant to subsection (a) shall state:
(1) The name of the proposed district, which name shall end with the words "water assurance district number ____________." It shall be the duty of the secretary of state to assign a number to each such district in the order in which petitions for their organization are received by the secretary's office;
(2) a list of the water rights, by file number as recorded in the office of the chief engineer, to be included within the proposed district;
(3) a statement of the purposes for which the district is to be organized;
(4) a statement of the number of persons that will constitute the board of directors of the district, which shall be an uneven number of not less than three nor more than nine, together with the names and addresses of the persons who will constitute the original steering committee;
(5) any other matter deemed essential; and
(6) a prayer for the organization of the district as a nonprofit corporation.
The petition shall be in substantially the following form:
In the Matter of __________ Water Assurance District Number ____,
__________ and __________ counties, Kansas.
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:
The governing body of the district shall be constituted in a board of directors composed of (number) qualified members.
Wherefore, the undersigned, individually and collectively, pray that a water assurance district be organized in the manner provided by law, for the purposes set forth herein, and that the secretary of state and the chief engineer of the division of water resources of the Kansas department of agriculture proceed diligently in the performance of their duties so that the organization of this proposed district may be completed and approved at the earliest possible time.
Submitted to the secretary of state this ______ day of __________, ____.
History: L. 1986, ch. 391, § 6; L. 2004, ch. 101, § 151; July 1.
History: L. 1986, ch. 391, § 7; July 1.
The chief engineer shall approve such petition if the chief engineer finds:
(a) That the proposed district would not include water rights in any existing water assurance district; and
(b) that the statement of purposes contained in the petition conforms with the intents and purposes of this act.
If the chief engineer approves such petition, the chief engineer shall transmit a certified copy of the report containing all findings to the secretary of state and to the chairperson of the steering committee of the district.
History: L. 1986, ch. 391, § 8; July 1.
History: L. 1986, ch. 391, § 9; July 1.
History: L. 1986, ch. 391, § 10; July 1.
History: L. 1986, ch. 391, § 11; July 1.
History: L. 1986, ch. 391, § 12; July 1.
The number of directors of a district or the date of the annual meeting, or both, may be changed at an annual meeting if notice of the proposed changes is included in the notice for the annual meeting at which such changes are to be considered.
History: L. 1986, ch. 391, § 13; July 1.
History: L. 1986, ch. 391, § 14; July 1.
(a) Adopt a seal;
(b) sue and be sued by its corporate name;
(c) purchase, hold, sell and convey land and personal property and to execute such contracts as the board of directors, deems necessary or convenient to enable it to carry out the purpose for which organized;
(d) employ such professional, technical and clerical services and other assistance as deemed necessary by the board of directors;
(e) acquire personal property by gift or purchase;
(f) impose charges as provided by this act;
(g) select a residence or home office for the water assurance district, which shall be at a place in a county in which the district or any part thereof is located and may be either within or without the district as may be designated by the board of directors; and
(h) take any other action necessary to achieve the purposes of the state water assurance program.
History: L. 1986, ch. 391, § 15; July 1.
(b) The director of the Kansas water office shall request releases of assurance water by the federal government under the agreements with the federal government that govern operations of reservoirs containing assurance storage.
(c) No member below a reservoir shall divert water from releases of assurance water unless the member has a conservation plan which has been approved in the manner provided by K.S.A. 82a-1348 and which is in effect at the time of the desired diversion.
(d) An entity which becomes a holder of a water right in a river basin after an assurance program is in place for that basin shall become a member if the chief engineer determines that sufficient additional water may be yielded from assurance reservoirs to benefit the potential new member.
(e) The director of the Kansas water office and the chief engineer each shall adopt any rules and regulations necessary to carry out the purposes and procedures of this act. The director and the chief engineer shall consider the advice of any existing assurance districts in the preparation of any rules and regulations adopted pursuant to this subsection.
(f) Any holder of a water right below a reservoir aggrieved by a decision of the chief engineer under this act by being either included or excluded as a member in the assurance program may appeal to the district court under K.S.A. 82a-724, and amendments thereto.
(g) Payments required under a contract between a water assurance district and the Kansas water office shall be for storage capacity contracted in federal reservoirs. Nothing in this act shall be deemed to authorize any suit against the state or any agency of the state or person employed by the state on an implied contract or for negligence or any other tort. The director of the Kansas water office may sue to enforce any claim arising out of a contract. Payment of the assessment shall be a condition imposed on every member and the chief engineer is authorized to declare the suspension of any use of assurance water where a payment is not made.
(h) Rights of members to receive assurance water may not be transferred separately from their water rights.
History: L. 1986, ch. 391, § 16; July 1.
History: L. 1986, ch. 391, § 17; July 1.
History: L. 1986, ch. 391, § 18; July 1.
History: L. 1986, ch. 392, § 7; July 1.
(b) Moneys in such subaccounts may be expended for the following purposes:
(1) Payment to the federal government of annual capital costs of water supply storage in federal reservoirs under the water assurance program act;
(2) payment and reimbursement to the water marketing fund for water supply storage space previously paid for with revenue from the water marketing fund, if such storage space has been transferred to the water assurance program;
(3) payment and reimbursement to the state general fund for water supply storage space previously paid for with revenue from the state general fund, if such storage space has been transferred to the water assurance program;
(4) payment and reimbursement to the state water plan fund for water supply storage space previously paid for with revenue from the state water plan fund, if such storage space has been transferred to the water assurance program;
(5) payment to the federal government of annual operation, maintenance and repair costs associated with the water supply storage space dedicated for the use of water assurance districts; and
(6) payment and reimbursement to the water marketing fund and the state general fund for costs incurred by the state for the administration and enforcement of applicable state laws governing the operations and management of the water assurance program as provided in contracts with water assurance districts.
(c) All expenditures from the water supply storage assurance fund shall be made in accordance with appropriation acts upon warrants issued pursuant to vouchers approved by the director of the Kansas water office or by a person designated by the director.
History: L. 2006, ch. 198, § 1; July 1.
(a) "Director" means the director of the Kansas water office.
(b) "Revenue bonds" means bonds issued pursuant to this act and payable as to both principal and interest from (1) the revenue derived from water supply contracts with water users who will derive benefits from the construction of a large reservoir project or from the purchase of space in existing reservoirs; (2) the revenue from participants in water assurance programs; (3) in the discretion of the director, the proceeds of any grant-in-aid which may be received from any source; or (4) any one or more of the foregoing.
(c) "Large reservoir project" means a structure that has been planned, authorized and constructed by the federal government or the state of Kansas which contains waters for conservation storage water supply.
History: L. 1986, ch. 394, § 7; July 1.
(b) Prior to the issuance of the revenue bonds, the director shall adopt a resolution or resolutions in the name and on behalf of the Kansas water office, which resolution or resolutions, unless otherwise provided therein, shall take effect immediately and:
(1) Determine an interest rate or rates to be paid on the principal of the revenue bonds not in excess of the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto;
(2) determine that the revenue bonds will be term or serial bonds or any combination thereof maturing not later than 40 years from the date of issuance;
(3) make provision for charges in water supply contracts with water users who will derive benefits from the construction of a large reservoir project or from the purchase of space in existing reservoirs and fix charges to participants in water assurance programs in an amount necessary to assure the prompt payment of the principal of and interest on the revenue bonds as they become due, to maintain any required reserves and to provide for any deficits resulting from failure to receive sums payable to the Kansas water office by such water users or participants in water assurance programs or resulting from any other cause, and shall sell the revenue bonds in the manner provided by K.S.A. 10-106, and amendments thereto, at a price of not less than 90% of the par value thereof; and
(4) register the revenue bonds with the state treasurer.
(c) Prior to the issuance of the revenue bonds, the director may:
(1) Pledge to the payment of the principal and interest on the revenue bonds the gross revenues derived from water supply contracts with water users from revenue from participants in water assurance programs or from any one or more or all of such sources;
(2) pledge to the payment of the principal of and interest on the revenue bonds the proceeds of any grant-in-aid, gift, donation, bequest or other such fund, or the income from any of such sources obtained by the Kansas water office directly or in trust;
(3) pledge to the payment of the principal of and interest on any revenue bonds issued to acquire conservation water supply storage capacity in federal reservoirs, if moneys otherwise authorized to be pledged are insufficient, moneys appropriated from the following, in descending order of priority: The state water plan fund created by K.S.A. 82a-951 and amendments thereto, the state economic development initiatives fund created by K.S.A. 79-4804 and amendments thereto or the state general fund;
(4) create and maintain (A) revenue bond funds adequate to promptly pay both the principal of and interest on the revenue bonds when they become due and (B) a reasonable reserve fund; and
(5) covenant or contract with respect to any and all matters consistent with the authority granted herein necessary and convenient in the determination of the director to sell the revenue bonds and obtain the most favorable interest rate thereon, including, but not limited to, maturities, priority of liens, number of issuances, special funds for security, redemption privileges, investments of the proceeds of the revenue bonds and any other funds pledged to the payment thereof or held as security therefor, security agreements, trust indentures, paying agencies, registration provisions and conversion privileges.
History: L. 1986, ch. 394, § 8; L. 1994, ch. 175, § 1; July 1.
(b) All contracts, agreements and covenants contained in the resolution authorizing the issuance of revenue bonds shall be binding in all respects upon the Kansas water office, its officials, agents, employees and successors. Such agreements, contracts and covenants shall be enforceable by appropriate legal action brought pursuant to the terms of the resolution authorizing the issuance of revenue bonds.
History: L. 1986, ch. 394, § 9; July 1.
History: L. 1986, ch. 394, § 10; July 1.
History: L. 1986, ch. 394, § 11; July 1.
History: L. 1986, ch. 394, § 12; July 1.
History: L. 1986, ch. 394, § 13; July 1.
(b) The provisions of this act are severable, and if any provision, section, subsection, sentence, clause or phrase of this act, including, but not limited to, the provisions relating to any of the sources of revenues for payment of bonds authorized pursuant to this act are for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each provision, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more of the same are declared invalid.
History: L. 1986, ch. 394, § 14; July 1.
History: L. 1986, ch. 394, § 15; July 1.
History: L. 1987, ch. 359, § 1; L. 1989, ch. 48, § 103; L. 1992, ch. 146, § 23; L. 1992, ch. 272, § 17; L. 1994, ch. 175, § 3; Repealed, L. 1998, ch. 21, § 1; July 1.
(b) Such loan shall bear interest from the date of the loan at an annual rate of interest which is not less than the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills in effect on January 1 of such year. The principal and interest thereon shall be payable in accordance with subsection (c). Such loan shall not be deemed to be an indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of the Constitution of the state of Kansas.
(c) The principal and interest on any loan made under this section, shall be payable in accordance with appropriations acts from the following sources, in descending order of priority:
(1) Amounts received under contracts entered into pursuant to the state water plan storage act or the water assurance program act, if the water supply storage capacity purchased with the loan proceeds is to be used to service such contracts;
(2) state water plan fund created by K.S.A. 82a-951 and amendments thereto;
(3) the state economic development initiatives fund created by K.S.A. 79-4804 and amendments thereto; and
(4) the state general fund.
(d) There is hereby created in the state treasury the water supply storage acquisition financing fund. On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the water supply storage acquisition financing fund interest earnings based on:
(1) The average daily balance of moneys in the water supply storage acquisition financing fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the water supply storage acquisition financing fund shall be made for the purpose of financing the acquisition of water supply storage in federal reservoirs and for the purpose of paying the principal and interest on the loan received under this section in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or by a person designated by the director.
History: L. 1994, ch. 175, § 2; L. 1998, ch. 123, § 8; July 1.
History: L. 1993, ch. 148, § 1; Repealed, L. 1998, ch. 21, § 1; July 1.
History: L. 1993, ch. 114, § 1; Repealed, L. 1998, ch. 21, § 1; July 1.