(b) As used in K.S.A. 82a-301 et seq., and amendments thereto, "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 also has the capacity to impound 50 or more acre feet. The height of a dam or barrier shall be determined as follows: (1) A barrier or dam that extends across the natural bed of a stream or watercourse shall be measured from the down stream toe of the barrier or dam to the top of the barrier or dam; or (2) a barrier or dam that does not extend across a stream or watercourse shall be measured from the lowest elevation of the outside limit of the barrier or dam to the top of the barrier or dam.
History: L. 1929, ch. 203, § 1; L. 1978, ch. 431, § 6; L. 2002, ch. 138, § 2; July 1.
History: L. 1978, ch. 431, § 1; L. 2004, ch. 101, § 135; July 1.
(b) (1) The application
shall be based upon the stage of construction at the time that a complete
application has been submitted. The construction in progress fee shall be
applicable for construction begun prior to approval by the chief engineer. Such
fee shall be in addition to any other penalty for an unpermitted structure.
Such fees shall be as follows:
(2) Permit fees for stream obstructions/channel changes application fee is
based upon two criteria and are as follows:
(A) The drainage area category; and
(B) the stage of construction when the application is submitted.
(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. 2007 Supp.
82a-328, and amendments thereto.
History: L. 1929, ch. 203, § 2;
L. 1978, ch. 431, § 7;
L. 2002, ch. 138, § 3; July 1.
History: L. 1929, ch. 203, § 3; L. 1978, ch. 431, § 8; April 11.
History: L. 1978, ch. 431, § 2;
L. 2004, ch. 101, § 136; July 1.
(2) Each hazard class C dam shall be
required to have a safety inspection conducted by a licensed professional
engineer qualified in design, construction, maintenance and operation of dams
once every three years, unless otherwise ordered by the chief engineer.
(3) Each hazard class B dam shall be
required to have a safety inspection conducted by a licensed professional
engineer qualified in design, construction, maintenance and operation of dams
once every five years unless otherwise ordered by the chief engineer.
(4) Within 60 days of the date of inspection, a report of the inspection
shall be provided to the chief engineer by the licensed professional engineer
who conducted the inspection. The report shall document the physical condition
of the dam, describing any deficiencies observed, an analysis of the capacity
of the dam and its spillway works, compliance of the dam with approved plans
and permit conditions, changes observed in the condition of the dam since the
previous inspection, an assessment of the hazard classification of the dam
including a statement that the engineer either agrees or disagrees with the
current classification, and any other information relevant to the safety of the
dam or specifically requested by the chief engineer.
(5) Upon failure of a dam owner to comply with the applicable inspection
interval, the chief engineer or such chief engineer's authorized representative
shall conduct a mandatory inspection of the dam and the costs as established by
this act for the inspection shall be paid by the owner, in addition to any
other remedies provided for violations of this act.
(6) The failure to file a complete and timely report as required by the
provisions of this act, or the failure to submit the fees assessed for
inspections conducted by the chief engineer or such chief engineer's authorized
representative shall be deemed a violation of this act and subject to the
penalties provided by K.S.A. 82a-305a, and amendments thereto.
(b) For the purpose of inspecting any dam or other water
obstruction, the chief
engineer or an authorized representative of the chief engineer shall have
the right of access to private property. Costs for any work which may be
required by the chief engineer or the authorized representative prior to
or as a result of the inspection of a dam or other water obstruction shall
be paid by the owner, governmental agency or operator of such
dam or other water obstruction.
(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. 2007 Supp.
82a-328, and amendments thereto.
History: L. 1978, ch. 431, § 3;
L. 2002, ch. 138, § 4; July 1.
(b) Whenever the condition of any dam or other water obstruction is so
dangerous to the safety of life or property as not to permit time for the
issuance and enforcement of an order relative to construction, modification,
maintenance or operation thereof, or, the passing of imminent floods threaten
the safety of any dam or other water obstruction, the chief engineer shall
immediately employ any remedial means necessary to protect the safety of
life or property. The chief engineer shall continue in full charge and control
of any such dam or other water obstruction until the same is rendered safe
or the emergency occasioning the remedial action has ceased.
History: L. 1978, ch. 431, § 4; April 11.
History: L. 1929, ch. 203, § 4; L. 1933, ch. 330, § 1; L. 1978,
ch. 431, § 9;
Repealed, L. 2002, ch. 138, § 8; July 1.
History: L. 1929, ch. 203, §
5; L. 1945, ch. 389, §
1; Repealed, L. 1978, ch. 431, §
10; April 11.
(b) Upon request of the chief engineer, the attorney general shall bring
suit in the name of the state of Kansas in any court of competent jurisdiction
to enjoin (1) the unlawful construction, modification, operation or maintenance
of any dam or other water obstruction, or (2) the unlawful change or diminution
of the course, current or cross section of a river or stream. Such court
may require the removal or modification of any such dam or other water obstruction
by mandatory injunction.
History: L. 1978, ch. 431, § 5; April 11.
History: L. 1929, ch. 143, § 1; Repealed, L. 1931, ch. 318, §
6; March 12.
History: L. 1929, ch. 143, § 2; L. 1931, ch. 318, § 1; L. 1951, ch. 527, § 1;
June 30.
History: L. 1931, ch. 318, § 2;
L. 2004, ch. 101, § 137; July 1.
History: L. 1929, ch. 143, § 3; L. 1931, ch. 318, § 3; L.
1970, ch. 100, § 44; L. 1980, ch. 65, § 8;
L. 1999, ch. 154, § 47; May 27.
(1) If the sand products are taken from the bed
of the river at a location which is within the boundaries of a drainage
district, the board of directors of the district from which the sand products
were taken shall be entitled to receive 2/3 of the amount returned
and the remaining 1/3 shall be divided among the remaining
drainage
districts in the county,
to be used for bank stabilization, soil conservation, or maintenance
and operation of flood control systems,
in proportion to the frontage on such
river.
(2) If the sand products are taken from the bed of the river at a location
which is not within the boundaries of a drainage district, the proceeds
attributable to such sand products shall be returned to the counties which have
adopted this act and have notified, prior to July 1 following the adoption of
this act, the director of taxation of such adoption, and through which such
river flows, in proportion to the mileage of the river bank in such county.
Moneys paid to a county pursuant to this paragraph shall be disbursed or used
as follows:
(A) If there are one or more drainage districts organized under the laws of
this state which are located in such county along a river that is the property
of the state of Kansas and which operate and maintain river flood control
improvements in or along such river, the county shall disburse such moneys to
each such drainage district,
to be used for bank
stabilization, soil conservation, or maintenance and operation of flood control
systems, in proportion to each district's frontage on such a river.
(B) If there is no drainage district organized under the laws of this state
which is located in such county along a river that is the property of the state
of Kansas, the county may use the moneys for construction, operation and
maintenance of public improvements located along, in or over such a river
or for the preservation of land
and development and maintenance of public areas
along such river or tributaries adjacent to such river.
(b) The unencumbered balance of any moneys which were distributed to a
county pursuant to this section as it existed before its amendment on July 1,
1995, and which remain in the county treasury on July 1, 1995, shall be
distributed in the manner provided by this section as amended on July 1,
1995.
History: L. 1929, ch. 143, § 4; L. 1931, ch. 318, § 4; L. 1933, ch. 331, § 1;
L. 1933, ch. 249, § 6; L. 1937, ch. 387, § 1; L. 1961, ch. 311, § 7;
L. 1992, ch. 109, § 2;
L. 1995, ch. 238, § 2;
L. 1996, ch. 144, § 2; July 1.
History: L. 1931, ch. 318, § 5;
Repealed, L. 1995, ch. 238, § 3; July 1.
History: L. 1937, ch. 387, § 2; March 31.
History: L. 1939, ch. 354, § 1; March 14.
History: L. 1939, ch. 354, § 2; March 14.
History: L. 1939, ch. 354, § 3; March 14.
(b) In order to protect the environment while facilitating the use,
enjoyment, health and welfare of the people of the state of Kansas, it is
necessary that the environmental effect of any water development project be
considered before such water development project is approved or permitted.
History: L. 1987, ch. 400, § 1; July 1.
(a) "Water development project" means any project or plan which may be
allowed or permitted pursuant to K.S.A. 24-126, 24-1213, 82a-301
et seq., and amendments thereto, or the multipurpose small lakes program
act, and amendments
thereto;
(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) state conservation commission; and
(7) state corporation commission.
History: L. 1987, ch. 400, § 2; L. 1989, ch. 118, § 192;
L. 1991, ch. 290, § 10;
L. 1997, ch. 49, § 5; July 1.
(b) In reviewing a proposed water development project, the environmental
review agency shall consider:
(1) The beneficial and adverse environmental effects of a proposed
project on water quality, fish and wildlife, forest and natural vegetation,
historic, cultural, recreational, aesthetic, agricultural and other natural resources;
(2) the means and methods to reduce adverse environmental effects of a
proposed project; and
(3) alternatives to a proposed project with significant adverse environmental effects.
(c) Each environmental review agency shall send its written comments on
the proposed project within 30 days of receipt of the proposal from the permitting agency.
(d) Nothing in this act shall be construed as prohibiting a permitting
agency from approving or issuing a permit if an environmental review agency
determines adverse environmental effects will result if the project is
approved or permitted. Nothing in this act shall be construed as preempting or
duplicating any existing environmental review process otherwise provided or
authorized by law.
History: L. 1987, ch. 400, § 3; July 1.
History: L. 2002, ch. 138, § 5; July 1.
Drainage Area Category Pre-Construction Construction In Progress
Major (Drainage area greater than 50 square
miles)
Moderate (Drainage area 5 to 50 square miles)
Minor (Drainage area less than 5 square miles)
General Permit
Size of Dam Inspection fee
Class 1 $1,500
Class 2 $1,500
Class 3 $2,500
Class 4 $4,000.