82a-1702: Same; state financial assistance, conditions.
(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, which derive general benefits
to the state as a whole, or to a section thereof beyond the boundaries of
such public corporation.
(b) Any public corporation shall be eligible for state financial
assistance for a part of the costs it becomes actually and legally
obligated to pay for all lands, easements, and rights-of-way for the water
development projects in the event the state conservation
commission shall find that (1) such public
corporation has made application for approval of such financial assistance
with the state conservation commission in such form and manner as the
state conservation commission may require, which
application each public corporation is hereby authorized to make; (2)
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; (3) such works are
consistent with the state water plan; (4) such public corporation
will need such financial assistance for actual expenditures within the
fiscal year next following; and (5) the legislature has appropriated
funds for the payment of such sum. 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 which shall be adopted by the
state conservation commission.
(c) Any public corporation receiving financial assistance under this
section shall apply those sums toward the satisfaction of the legal
obligations for the specific lands, easements, and rights-of-way for which
it receives them or toward the reimbursement of those accounts from which
those legal obligations were satisfied, in whole or in part, and it shall
return to the state any sums that are not in fact so applied. In
ascertaining costs of lands, easements, and rights-of-way under this
section, the state conservation commission shall not
consider any costs which relate to land
treatment measures nor any costs for which federal aid for construction
costs is granted pursuant to the watershed protection and flood prevention
acts or pursuant to any other federal acts.
History: L. 1996, ch. 17, § 3; July 1.
82a-1703: Same; application for financial assistance; state conservation
commission, duties.
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 state
conservation commission in such form and
manner as the state conservation commission may prescribe
by its rules and regulations. Each year
the state conservation commission 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 state conservation commission 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 state conservation commission may
submit a request therefor as a part of its annual budget requests and
estimates. Each such request shall be separately stated and identified. The
budget item for each project shall contain the name of the project, the
name of the public corporation to which the item relates, the county or
counties in which such public corporation is located, the identification of
the agreement or resolution supporting the request, and the amount of state
payment requested therefor.
History: L. 1996, ch. 17, § 4; July 1.
82a-1704: Same; resolution of governing body seeking
financial assistance.
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
state conservation commission an appropriate resolution requesting the
state conservation commission to approve payment to
the requesting body of a sum or sums to be named within the limits of and
for the purposes defined in this act. The resolution shall show the total
cost allocated to the requesting body for providing the lands, easements,
and rights-of-way for the works of improvement of the requesting body
and shall pledge that all money received from the state under authority of
this act will be applied solely to the purposes specified in this act.
History: L. 1996, ch. 17, § 5; July 1.