(a) "Person" shall mean and include a natural person, a partnership, an organization, a corporation, a municipality and any agency of the state or federal government.
(b) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.
(c) "Domestic uses" means the use of water by any person or by a family unit or household for household purposes, or for the watering of livestock, poultry, farm and domestic animals used in operating a farm, and for the irrigation of lands not exceeding a total of two acres in area for the growing of gardens, orchards and lawns.
(d) "Vested right" means the right of a person under a common law or statutory claim to continue the use of water having actually been applied to any beneficial use, including domestic use, on or before June 28, 1945, to the extent of the maximum quantity and rate of diversion for the beneficial use made thereof, and shall include the right to take and use water for beneficial purposes where a person is engaged in the construction of works for the actual application of water to a beneficial use on June 28, 1945, provided such works shall be completed and water is actually applied for such use within a reasonable time thereafter by such person, such person's heirs, successors or assigns. Such a right does not include, however, those common law claims under which a person has not applied water to any beneficial use within the periods of time set out in this subsection.
(e) "Appropriator" means and includes a person who has an appropriation right that has been perfected in conformity with article 7 of chapter 82a of the Kansas Statutes Annotated and amendments thereto.
(f) "Appropriation right" is a right, acquired under the provisions of article 7 of chapter 82a of the Kansas Statutes Annotated and amendments thereto, to divert from a definite water supply a specific quantity of water at a specific rate of diversion, provided such water is available in excess of the requirements of all vested rights that relate to such supply and all appropriation rights of earlier date that relate to such supply, and to apply such water to a specific beneficial use or uses in preference to all appropriations right of later date.
(g) "Water right" means any vested right or appropriation right under which a person may lawfully divert and use water. It is a real property right appurtenant to and severable from the land on or in connection with which the water is used and such water right passes as an appurtenance with a conveyance of the land by deed, lease, mortgage, will, or other voluntary disposal, or by inheritance.
History: L. 1945, ch. 390, § 1; L. 1957, ch. 539, § 1; L. 1977, ch. 356, § 3; L. 2004, ch. 101, § 141; July 1.
History: L. 1945, ch. 390, § 2; June 28.
History: L. 1945, ch. 390, § 3; L. 1980, ch. 332, § 1; July 1.
History: L. 1980, ch. 332, § 2; L. 1984, ch. 379, § 21; L. 1985, ch. 338, § 1; July 1.
(b) All vested rights, water appropriation rights and applications for permits to appropriate water having a priority date on or before April 12, 1984, shall not be subject to any minimum desirable streamflow requirements established pursuant to law.
History: L. 1984, ch. 377, § 1; L. 1987, ch. 402, § 2; July 1.
Watercourse Month
Marais des J F M A(a) M(a) J(a) J A S O N D Cygnes Ottawa.... 15 15 15 15(40) 20(50) 25(50) 25 25 20 15 15 15 LaCygne... 20 20 20 20(50) 20(150) 25(150) 25 25 20 20 20 20
Neosho Americus.. 5 5 5 5(20) 5(30) 5(30) 5 5 5 5 5 5 Iola...... 40 40 40 40(60) 40(200) 40(200) 40 40 40 40 40 40 Parsons... 50 50 50 50(100) 50(300) 50(300) 50 50 50 50 50 50
Cottonwood Florence.. 10 10 10 10(30) 10(60) 10(60) 10 10 10 10 10 10 Plymouth.. 20 20 20 20(60) 20(150) 20(150) 20 20 20 20 20 20
Little Arkansas Alta Mills 8 8 8 8 8 8 8 8 8 8 8 8 Valley Center.. 20 20 20 20 20 20 20 20 20 20 20 20
Arkansas River Kinsley (b) 2 2 3 3 5 5 3 1 1 1 2 2 Great Bend (b) 3 3 3 3 10 10 5 3 2 2 2 3 Hutchinson 80 80 100 100 100 100 80 80 60 60 60 80
Rattlesnake Creek Macksville (b) 5 5 10 10 10 10 5 1 1 1 5 5 Zenith..... 15 15 15 15 15 15 5 3 3 3 10 15
North Fork Ninnescah Above Cheney.... 40 50 50 50 40 30 10 5 5 10 40 40
South Fork Ninnescah Pratt...... 10 10 10 8 8 8 5 5 5 5 10 10 Murdock.... 80 90 90 90 90 50 30 30 30 50 80 80
Ninnescah Peck...... 100 100 100 100 100 70 30 30 30 50 100 100
Saline Russell... 5 5 15 15 15 12 2 2 2 5 5 5
Smoky Hill Ellsworth(c)20 20 25 30 35 45 35 15 15 15 20 20
Medicine Lodge Kiowa...... 50 55 60 60 40 30 6 1 1 4 40 50
Chikaskia Corbin.... 30 45 50 45 40 30 16 5 5 8 30 30
Big Blue Marysville 100 100 125 150 150 (d) 150 (d) 80 90 65 80 80 80
Little Blue Barnes.... 100 100 125 150 150 (d) 150 (d) 75 80 60 80 80 80
Republican Concordia (e) 100 125 150 150 150 150 150 150 80 65 80 100 Clay Center 125 150 200 250 250 250 200 200 100 90 100 125
Mill Creek Paxico...... 8 8 8 25 30 35 10 5 5 2 5 8
Delaware Muscotah... 10 10 20 20 20 20 5 3 3 2 10 10
Walnut River Winfield... 30 35 40 65 100 100 30 25 20 20 20 30
Whitewater River Towanda.... 10 15 15 20 25 25 10 5 5 5 6 10
Spring River Baxter Springs (f) 175 200 250 300 450 350 200 160 120 120 150 175
Chapman Creek Chapman.... 10 15 15 15 15 15 10 10 10 10 10 10
Solomon River Niles...... 40 50 60 60 90 90 50 50 40 40 40 40
(a) Spawning flows to be managed if reservoirs in flood pool; otherwise use lower flows.
(b) Subject to subsequent assessment of lagged effects of extensive groundwater appropriations in regional aquifer.
(c) Subject to subsequent assessment of lagged effects of upstream depletions.
(d) Subject to the stateline flows contained in the Blue River Compact.
(e) Subject to subsequent assessment of Harlan County reservoir operations, development of compact stateline flows and lagged effects of upstream depletions.
(f) Flows measured at Quapah, Oklahoma; may need review if a new station is established.
History: L. 1985, ch. 338, § 2; L. 1987, ch. 402, § 1; L. 1989, ch. 309, § 1; April 13.
History: L. 1945, ch. 390, § 4; L. 1957, ch. 539, § 6; Repealed, L. 1978, ch. 434, § 4; July 1.
(1) The name and post-office address of the claimant;
(2) the source to which the claim relates;
(3) the amount of water claimed;
(4) the location of the works for the diversion and use of the claimed water;
(5) the dates of the beneficial use made; and
(6) any additional information the chief engineer may require.
(b) Upon receipt of a verified claim for a vested right for the beneficial use of water, the chief engineer shall investigate the same and shall conduct a hearing thereon. Such hearing shall be noticed by restricted mail to the claimant and to other known interested persons within a five (5) mile radius of the point of diversion of such claimed vested right at least thirty (30) days prior to the date set for the hearing. Notice shall also be given by publication in a newspaper of general circulation in the county wherein the vested right is claimed to exist at least once each week for three (3) consecutive weeks prior to the hearing. Such published notice shall contain the date and place of hearing and a general description of the area affected by the claimed vested right and shall be directed to all persons interested and concerned. At the hearing, the chief engineer shall take evidence of all persons interested and concerned and the same shall be considered in the determination of the existence of a vested right for beneficial use of water. As soon as possible thereafter the chief engineer shall make an order determining the existence or nonexistence of the claimed vested right and shall notify the claimant and contestants thereof as to the contents of such order. Service of such notice shall be deemed complete upon depositing such notice in the post office as restricted mail addressed to the vested right claimant and any contestant thereto whose address is known to the chief engineer, and upon the publication of an abstract of such order once each week for three (3) consecutive weeks in a newspaper of general circulation in the county wherein the vested right is claimed to exist.
(c) Any claimant of a vested right or person contesting the same who considers himself or herself aggrieved by the order of determination of a vested right may appeal to the district court in the manner prescribed by K.S.A. 82a-724.
(d) The order of determination of a vested right of the chief engineer shall be in full force and effect from the date of its entry in the records of his or her office unless and until its operation shall be stayed by an appeal therefrom by the claimant thereof or a contestant thereto in accordance with the provisions of K.S.A. 82a-724 except that no such determination shall be deemed an adjudication of the relation between any vested right holders with respect to the operation or exercise of their vested rights.
(e) The chief engineer shall file a copy of any order of determination of the existence of a vested right with the register of deeds of the county wherein the land is located to which such vested right is appurtenant. The register of deeds shall record the same as other instruments affecting real estate.
(f) No vested right for the beneficial use of water, other than for domestic use, shall be deemed to exist from and after July 1, 1980, unless the same has been determined to exist pursuant to the provisions of this act or pursuant to the provisions of K.S.A. 82a-704.
History: L. 1978, ch. 434, § 1; July 1.
History: L. 1978, ch. 434, § 2; July 1.
History: L. 1978, ch. 434, § 3; July 1.
History: L. 1945, ch. 390, § 5; L. 1957, ch. 539, § 7; June 29.
History: L. 1957, ch. 539, § 2; June 29.
History: L. 1945, ch. 390, § 6; L. 1957, ch. 539, § 8; June 29.
History: L. 1957, ch. 539, § 9; L. 1977, ch. 356, § 4; Jan. 1, 1978.
History: L. 1957, ch. 539, § 10; L. 1965, ch. 557, § 1; June 30.
History: L. 1957, ch. 539, § 11; June 29.
History: L. 1957, ch. 539, § 12; June 29.
History: L. 1957, ch. 539, § 13; L. 2004, ch. 101, § 142; July 1.
(b) Where uses of water for different purposes conflict, such uses shall conform to the following order of preference: Domestic, municipal, irrigation, industrial, recreational and water power uses. However, the date of priority of an appropriation right, and not the purpose of use, determines the right to divert and use water at any time when the supply is not sufficient to satisfy all water rights that attach to it. The holder of a water right for an inferior beneficial use of water shall not be deprived of the use of the water either temporarily or permanently as long as such holder is making proper use of it under the terms and conditions of such holder's water right and the laws of this state, other than through condemnation.
(c) As between persons with appropriation rights, the first in time is the first in right. The priority of the appropriation right to use water for any beneficial purpose except domestic purposes shall date from the time of the filing of the application therefor in the office of the chief engineer. The priority of the appropriation right to use water for domestic purposes shall date from the time of the filing of the application therefor in the office of the chief engineer or from the time the user makes actual use of water for domestic purposes, whichever is earlier.
(d) Any water right returned to the state under the provisions of K.S.A. 2-1915, and amendments thereto, shall be placed in the custodial care of the state. While in the custodial care of the state, the priority of the water right shall remain in effect and water available under the terms and conditions of the water right shall not be considered available for further appropriation. Any surface water right held in the custodial care of the state shall neither directly benefit nor impair any other surface water right within the stream reach designated for recovery. Any water right donated to the state shall be placed in the custodial care of the state or retired at the discretion of the chief engineer.
(e) Appropriation rights in excess of the reasonable needs of the appropriators shall not be allowed.
History: L. 1917, ch. 172, § 6; R.S. 1923, 24-903; L. 1945, ch. 390, § 7; L. 1957, ch. 539, § 14; L. 1988, ch. 396, § 3; July 1.
History: L. 1945, ch. 390, § 8; Repealed, L. 1957, ch. 539, § 26; June 29.
(b) Except as otherwise provided in subsections (d), (e) and (f), each
application for a permit to appropriate water, except applications for permits
for domestic use, shall be accompanied by an application fee fixed by this
section for the appropriate category of acre feet in accordance with the
following:
Acre Feet
Fee
0 to 100.................$100
101 to 320.................$150
More than 320.................$150 + $10
for each additional 100 acre feet or any part thereof
Commencing July 1, 2002, and ending June 30, 2010, the application fee shall be
fixed by this section for the appropriate category of acre feet in accordance
with the following:
Acre Feet
Fee
0 to 100................. $200
101 to 320................. $300
More than 320................. $300 + $20
for each additional 100 acre feet or any part thereof
The chief engineer shall render a decision on such permit applications within 150 days of receiving a complete application except when the application cannot be processed due to the standards established in K.A.R. 5-3-4c. Upon failure to render a decision within 150 days of receipt of a complete application, the application fee is subject to refund upon request.
(c) Except as otherwise provided in subsections (d), (e) and (f), each
application for a permit to appropriate water for storage, except applications
for permits for domestic use, shall be accompanied by an application fee fixed
by this section for the appropriate category of storage-acre feet in accordance
with the following:
Storage-Acre Feet
Fee
0 to 250.................$100
More than 250.................$100 + $10
for each additional 250 storage-acre feet or any part thereof
Commencing July 1, 2002, and ending June 30, 2010, the
application fee shall be
fixed by this section for the appropriate category of storage-acre feet in
accordance with the following:
Storage-Acre Feet
Fee
0 to 250................. $200
More than 250................. $200 + $20
for each additional 250 storage-acre feet or any part thereof
The chief engineer shall render a decision on such permit applications within 150 days of receiving a complete application except when the application cannot be processed due to the standards established in K.A.R. 5-3-4c. Upon failure to render a decision within 150 days of receipt of a complete application, the application fee is subject to refund upon request.
(d) Each application for a term permit pursuant to K.S.A. 2007 Supp. 82a-736, and amendments thereto, shall be accompanied by an application fee established by rules and regulations of the chief engineer in an amount not to exceed $400 for the five-year period covered by the permit.
(e) For any application for a permit to appropriate water, except applications for permits for domestic use, which proposes to appropriate by both direct flow and storage, the fee charged shall be the fee under subsection (b) or subsection (c), whichever is larger, but not both fees.
(f) Each application for a permit to appropriate water for water power or dewatering purposes shall be accompanied by an application fee of $100 plus $200 for each 100 cubic feet per second, or part thereof, of the diversion rate requested in the application for the proposed project.
(g) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731 and amendments thereto.
History: L. 1957, ch. 539, § 3; L. 1973, ch. 414, § 1; L. 1982, ch. 4, § 17; L. 1985, ch. 339, § 1; L. 1989, ch. 310, § 1; L. 2001, ch. 160, § 17; L. 2002, ch. 181, § 21; L. 2004, ch. 85, § 16; July 1.
(b) Each application to change the place of use, the point of diversion
or the use made of the water under this section shall be accompanied by the
application fee set forth in the schedule below:
(1) Application to change a point of diversion 300 feet or less.................$50
(2) Application to change a point of diversion more than 300 feet.................100
(3) Application to change the place of use.................100
(4) Application to change the use made of water.................150
Commencing July 1, 2002, and ending June 30, 2010, the
application fee shall be
set forth in the schedule below:
(1) Application to change a point of diversion 300 feet or less.................$100
(2) Application to change a point of diversion more than 300 feet.................200
(3) Application to change the place of use.................200
(4) Application to change the use made of the water.................300
The chief engineer shall render a decision on such permit applications within 150 days of receiving a complete application except when the application cannot be processed due to the standards established in K.A.R. 5-3-4c. Upon failure to render a decision within 150 days of receipt of a complete application, the application fee is subject to refund upon request. Any application submitted which requests two of the types of changes set forth above shall be accompanied by a fee of $150, or commencing July 1, 2002, and ending June 30, 2010, a fee of not to exceed $300. Any application which requests three types of changes shall be accompanied by a fee of $250, or commencing July 1, 2002, and ending June 30, 2010, a fee of not to exceed $500.
(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. 82a-731 and amendments thereto.
History: L. 1957, ch. 539, § 4; L. 1982, ch. 4, § 18; L. 1985, ch. 339, § 2; L. 1990, ch. 361, § 1; L. 1999, ch. 130, § 4; L. 2002, ch. 181, § 22; L. 2004, ch. 85, § 17; July 1.
(b) the source from which said appropriation shall be made;
(c) the maximum rate at which water is to be diverted or used and the total annual quantity of water sought;
(d) the location of the works or proposed works for the diversion and use of the water;
(e) the estimated time for the completion of any proposed works;
(f) the time of the first actual application of the water to the beneficial use involved, if there was such, and the estimated time for the first actual application of the water for the beneficial use proposed;
(g) if for irrigation use, a description of the land to be irrigated by designating the number of irrigable acres in each forty (40) acre tract or fractional portion thereof;
(h) if for municipal water supply, it shall give the present population to be served and estimated future requirements of the city;
(i) any additional factors which may be required by the chief engineer.
Such application shall be filed and approved before the commencement of any work in connection with the construction, enlargement or extension of any works for the diversion, storage, and use of water.
History: L. 1945, ch. 390, § 9; L. 1957, ch. 539, § 15; L. 1977, ch. 356, § 5; Jan. 1, 1978.
All maps, plats, plans and drawings shall conform to prescribed uniform standard as to materials, size, coloring and scale, and shall show: (a) The source from which the proposed appropriation is to be taken, (b) all proposed dams, dikes, reservoirs, canals, pipe lines, power houses and other structures for the purpose of storing, conveying or using water for the purpose approved and their positions or courses in connection with the boundary lines and corners of the lands which they occupy. Land listed for irrigation shall be shown in government subdivisions or fractions thereof. Default in the refiling of any application within the time limit specified shall constitute a forfeiture of priority date and the dismissal of the application.
History: L. 1945, ch. 390, § 10; June 28.
(b) In ascertaining whether a proposed use will prejudicially and unreasonably affect the public interest, the chief engineer shall take into consideration:
(1) Established minimum desirable streamflow requirements;
(2) the area, safe yield and recharge rate of the appropriate water supply;
(3) the priority of existing claims of all persons to use the water of the appropriate water supply;
(4) the amount of each claim to use water from the appropriate water supply; and
(5) all other matters pertaining to such question.
(c) With regard to whether a proposed use will impair a use under an existing water right, impairment shall include the unreasonable raising or lowering of the static water level or the unreasonable increase or decrease of the streamflow or the unreasonable deterioration of the water quality at the water user's point of diversion beyond a reasonable economic limit. Any person aggrieved by any order or decision by the chief engineer relating to that person's application for a permit to appropriate water may petition for review thereof in accordance with the provisions of K.S.A. 2007 Supp. 82a-1901 and amendments thereto.
History: L. 1945, ch. 390, § 11; L. 1957, ch. 539, § 16; L. 1977, ch. 356, § 6; L. 1980, ch. 332, § 3; L. 1986, ch. 392, § 3; L. 1991, ch. 292, § 3; L. 1999, ch. 130, § 5; July 1.
History: L. 1957, ch. 539, § 17; June 29.
History: L. 1945, ch. 390, § 12; L. 1957, ch. 539, § 18; June 29.
History: L. 1945, ch. 390, § 13; June 28.
(b) Not later than 60 days before the expiration of the time allowed in the permit to complete the construction of the appropriation diversion works or the time allowed in the permit to actually apply water to the proposed beneficial use, the chief engineer shall notify the permit holder by certified mail that any request for extension of such time must be filed with the chief engineer before the expiration of the time allowed in the permit.
(c) Unless the applicant requests an extension or the certificate has not been issued due to the applicant's failure to comply with reasonable requests for information or to allow the opportunity to examine and inspect the appropriation diversion works, as necessary for certification, the chief engineer shall certify an appropriation:
(1) Before July 1, 2004, if the time allowed in the permit to perfect the water right expired before July 1, 1999, except in those cases in which abandonment proceedings pursuant to K.S.A. 82a-718, and amendments thereto, are pending on July 1, 2004;
(2) before July 1, 2006, in such cases in which an abandonment proceeding was pending pursuant to K.S.A. 82a-718, and amendments thereto, on July 1, 2004; or
(3) not later than five years after the date the applicant notifies the chief engineer of the completion of construction of the works and the actual application of water to the proposed beneficial use within the time allowed, in all other cases.
If the chief engineer fails to issue a certificate within the time provided by this subsection, the applicant may request review, pursuant to K.S.A. 2007 Supp. 82a-1901 and amendments thereto, of the chief engineer's failure to act.
(d) Except for works constructed to appropriate water for domestic use, each notification to the chief engineer under subsection (a) shall be accompanied by a field inspection fee of $200, or commencing July 1, 2002, and ending June 30, 2010, a fee of $400. Failure to pay the field inspection fee, after reasonable notice by the chief engineer of such failure, shall result in the permit to appropriate water being revoked, forfeiture of the priority date and revocation of any appropriation right that may exist.
(e) A request for an extension of time to: (1) Complete the diversion works; or (2) perfect the water right, shall be accompanied by a fee of $50, or commencing July 1, 2002, and ending June 30, 2010, a fee of $100.
(f) A request to reinstate a water right or a permit to appropriate water which has been dismissed shall be filed with the chief engineer within 60 days of the date dismissed and shall be accompanied by a fee of $100, or commencing July 1, 2002, and ending June 30, 2010, a fee of $200.
(g) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
History: L. 1945, ch. 390, § 14; L. 1957, ch. 539, § 20; L. 1985, ch. 339, § 3; L. 1990, ch. 362, § 1; L. 1999, ch. 130, § 6; L. 2002, ch. 181, § 23; L. 2004, ch. 165, § 2; May 27.
History: L. 1945, ch. 390, § 14; L. 1957, ch. 539, § 20; L. 1985, ch. 339, § 3; L. 1990, ch. 362, § 1; L. 1999, ch. 130, § 6; L. 2002, ch. 181, § 23; L. 2004, ch. 85, § 18; Repealed, L. 2005, ch. 186, § 22; May 12.
History: L. 1945, ch. 390, § 15; June 28.
History: L. 1945, ch. 390, § 16; L. 1957, ch. 539, § 21; June 29.
History: L. 1945, ch. 390, § 17; Repealed, L. 1957, ch. 539, § 26; June 29.
History: L. 1957, ch. 539, § 19; June 29.
The verified report of the chief engineer or such engineer's authorized representative shall be prima facie evidence of the abandonment and termination of any water right.
(b) When no lawful, beneficial use of water under a water right has been reported for three successive years, the chief engineer shall notify the user, by certified mail, return receipt requested, that: (1) No lawful, beneficial use of the water has been reported for three successive years; (2) if no lawful, beneficial use is made of the water for five successive years, the right may be terminated; and (3) the right will not be terminated if the user shows that for one or more of the five consecutive years the beneficial use of the water was prevented or made unnecessary by circumstances that are due and sufficient cause for nonuse, which circumstances shall be included in the notice.
(c) The provisions of subsection (a) shall not apply to a water right that has not been declared abandoned and terminated before the effective date of this act if the five years of successive nonuse occurred exclusively and entirely before January 1, 1990. However, the provisions of subsection (a) shall apply if the period of five successive years of nonuse began before January 1, 1990, and continued after that date.
History: L. 1945, ch. 390, § 19; L. 1957, ch. 539, § 23; L. 1988, ch. 356, § 350; L. 1999, ch. 122, § 1; L. 1999, ch. 149, § 13; July 1.
History: L. 1933, ch. 206, § 2; L. 1945, ch. 390, § 20; June 28.
History: L. 1933, ch. 206, § 4; L. 1945, ch. 390, § 21; June 28.
History: L. 1945, ch. 390, § 23; June 28.
History: L. 1957, ch. 539, § 22; June 29.
History: L. 1945, ch. 390, § 24; June 28.
History: L. 1955, ch. 449, § 1; Repealed, L. 1957, ch. 539, § 26; June 29.
History: L. 1957, ch. 539, § 24; L. 1978, ch. 435, § 1; L. 1986, ch. 318, § 143; L. 1999, ch. 130, § 8; July 1.
Within thirty (30) days from the date of the mailing of the copy of the report, any party may file objections to it with the division of water resources or its chief engineer. After the division, or its chief engineer, has considered the objections, it shall file its report, as referee, with the clerk of the court and give notice by registered or certified mail of the filing of its report to the parties or their attorneys. The court shall review the report upon exceptions thereto filed with the clerk of the court within thirty (30) days after date of mailing registered notice of the filing of the report. Except in its discretion or for good cause shown, the court shall not consider any exception to the report unless it appears that the excepting party presented the matter of the exception to the division or its chief engineer in the form of an objection. The report shall be evidence of the physical facts found therein, but the court shall hear such evidence as may be offered by any party to rebut the report or the evidence. If suit is brought in a federal court for determination of rights to water within, or partially within, the state, the division or its chief engineer may accept a reference of such suit as master or referee for the court.
History: L. 1957, ch. 539, § 25; June 29.
(b) The chief engineer shall approve an application pursuant to this section only if the chief engineer finds that:
(1) The diversion and transportation of such water complies with the Kansas water appropriation act, the water transfer act and any other state law pertaining to such diversion, transportation and use of water;
(2) the statutes and common law of the state where such water will be used do not prohibit the use of water at the proposed place of use or for the proposed type of use, or both, if the water were to be diverted in that state; and
(3) the proposed diversion and transportation of water will not allow water apportioned to the state of Kansas by an interstate water compact to be used in another state.
(c) In order to make the finding required by subsection (b)(2), the chief engineer shall rely on a determination by the attorney general of the other state of whether the proposed use would be prohibited in that state.
History: L. 1976, ch. 435, § 1; L. 1984, ch. 380, § 1; L. 2000, ch. 98, § 1; July 1.
(b) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section.
(c) Nothing in this section shall be deemed to vest in the holder of any permit granted pursuant to provisions of this section any permanent right to appropriate water except as is provided by such permit.
(d) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731 and amendments thereto.
History: L. 1977, ch. 356, § 1; L. 1982, ch. 4, § 19; L. 1985, ch. 339, § 4; L. 2002, ch. 181, § 24; L. 2004, ch. 85, § 19; July 1.
(b) (1) The violation of any provision of this section by any person is a class C misdemeanor. (2) Each day that any such violation occurs after notice of the original violation is given by the chief engineer to any such violator by restricted mail shall constitute a separate offense.
History: L. 1977, ch. 356, § 2; L. 1981, ch. 397, § 2; July 1.
History: L. 1977, ch. 356, § 7; Jan. 1, 1978.
History: L. 1977, ch. 356, § 8; L. 1984, ch. 380, § 2; July 1.
History: L. 1982, ch. 4, § 21; L. 2001, ch. 5, § 471; L. 2004, ch. 101, § 143; July 1.
(b) Any person failing to file a water use report or other documents required under the provisions of subsection (a) shall be subject to a civil penalty in an amount not to exceed $250. The chief engineer upon a finding that the owner of a water right or permit to appropriate water for beneficial use has failed to file such a report may impose a civil penalty as provided in this section. Any person filing a document knowing it to contain any false information as to a material matter shall be guilty of a class C misdemeanor. All fines collected by the chief engineer pursuant to this subsection shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
History: L. 1988, ch. 395, § 1; L. 1991, ch. 292, § 4; L. 2004, ch. 101, § 144; July 1.
(b) The chief engineer shall allow the owner of a water right or permit to appropriate water for beneficial use or the applicant for such a permit a minimum of 60 days to prepare a required conservation plan. The time allowed to prepare the required conservation plan may be extended by the chief engineer for good cause shown by the applicant. The chief engineer shall provide the owner of the water right or permit to appropriate water for beneficial use or the applicant for such a permit a reasonable time to implement the conservation plan and, for good cause shown, such as the need to apply extensive land treatment practices, the chief engineer may extend the time for implementation for a period of up to five years.
(c) Plans and practices required pursuant to this section 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. If requested by the owner of the water right or permit to appropriate water for beneficial use or the applicant for such a permit, the chief engineer, in consultation with the director of the Kansas water office, shall determine whether such plans and practices are consistent with the guidelines adopted by the Kansas water office. The Kansas water office shall provide, or arrange to provide, technical assistance for water users required to adopt and implement conservation plans and practices pursuant to this section.
(d) Before any state agency makes any loan or grant, or provides any cost-share funds, for any water-related projects to any person or entity, the state agency may require the person or entity to submit to, and have approved by, the chief engineer a water conservation plan 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.
(e) As used in this section, "water-related projects" shall include, but not be limited to, the following: Interconnections between water supply systems; development of new water supply and delivery systems; improvements or repairs to an existing water supply system, sanitary sewer system or water treatment system, which would significantly increase the amount of water used; small lakes development, improvement or repair; and development of other small impoundments for public water supply or irrigation.
(f) The chief engineer may approve the conservation plans and practices required pursuant to the provisions of this section on such terms, conditions and limitations as deemed necessary to carry out the provisions of this section. The implementation of the conservation plan and practices as approved or any subsequent approved modification shall constitute a condition of the water right or permit to appropriate water for beneficial use.
(g) Any conservation plans and practices required pursuant to this section with regard to any groundwater right or permit to appropriate groundwater from within the boundaries of a groundwater management district shall be subject to approval by both the chief engineer and the board of directors of the groundwater management district unless such plans and practices are incorporated in the groundwater management district's management program which has been approved by the chief engineer pursuant to K.S.A. 82a-1029 and amendments thereto.
(h) The chief engineer may delegate authority to implement and enforce any of the provisions of this section to a groundwater management district on such terms as may be appropriate and necessary to carry out the provisions of this section within the boundaries of such district.
(i) The chief engineer may delegate to any city which has conservation plans meeting state guidelines the authority to require domestic water users within such city to adopt and implement conservation plans and practices so that such city can require compliance from private domestic well owners within the city limits.
(j) This section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 1991, ch. 292, § 5; July 1.
(b) The net evaporation of water exposed as the result of the opening or operation of sand and gravel pits shall be construed to be a beneficial use or diversion of water for the purposes of the Kansas water appropriation act, K.S.A. 82a-701 et seq., and amendments thereto, if the sand and gravel pit is opened or operated in a township where the average annual potential net evaporation is greater than 18 inches per year, as determined by the chief engineer.
(c) If the chief engineer determines that an existing or proposed sand and gravel pit operation is a beneficial use of water, the operator shall apply to the chief engineer for a permit to appropriate water in accordance with the Kansas water appropriation act or otherwise acquire ownership or control of sufficient water rights, or by other methods pursuant to rules and regulations adopted by the chief engineer, or both, to offset net evaporation for the operation.
(d) (1) The period of time allowed to complete construction of diversion works pursuant to an approved application to appropriate water for the purpose of net evaporation from a sand and gravel pit operation shall be reasonable and consistent with the proposed use, but not less than five years. The chief engineer may allow extension of such period by not to exceed two five-year extensions if it can be shown that the operation requires the additional time for the operator to satisfy the operator's market demand in the area. The two five-year extensions may be granted at the same time, to run consecutively, if the applicant submits to the chief engineer a written development plan.
(2) The period of time allowed to perfect an approved application to appropriate water for the purpose of net evaporation from a sand and gravel pit operation shall be not less than 20 years and, for good cause shown, the chief engineer may allow one or more 10-year extensions of such period. The chief engineer shall consider the time needed until exhaustion of proven reserves, closure in accordance with the surface land reclamation and mining act, K.S.A. 49-601 et seq., and amendments thereto, and the availability of water for the proposed use, but in no case shall allow longer than 60 years for perfection.
(3) Nothing herein shall require an extension of time to construct diversion works or to perfect a water right if there is demonstrable impairment of a use under an existing water right from the same source of supply, as determined pursuant to K.S.A. 82a-711, and amendments thereto.
(4) Upon examination of the diversion works for sand and gravel operations, the chief engineer or the chief engineer's duly authorized representative shall, within 90 days of the examination, notify the applicant if there was a failure to construct the diversion works at the authorized location or any deficiency of the terms and conditions of the permit. This notice will provide steps necessary to gain compliance with state law. If the chief engineer fails to examine the diversion works within two years of the notice of completion for any sand and gravel operation diversion works, the applicant shall not be required to forfeit priority date as a result of failure to construct a diversion works at the authorized location or any deficiency of the terms and conditions of the permit.
(e) Evaporation from sand and gravel pits, as calculated by the chief engineer, will be reported as an industrial use to the director of taxation for the purpose of assessing the water protection fee pursuant to K.S.A. 82a-954, and amendments thereto.
(f) This section shall be part of and supplemental to the Kansas water appropriations act.
History: L. 1995, ch. 72, § 1; L. 2004, ch. 100, § 1; L. 2006, ch. 72, § 1; July 1.
(1) The return of such water rights to the state, in which case the rights shall be terminated and their priority forfeited; or
(2) the acquisition of such water rights by the state.
(b) Any agreement or contract entered into pursuant to this section shall be binding on the state only upon adoption by the legislature of a concurrent resolution approving such agreement or contract.
(c) If water rights are acquired by the state pursuant to this section:
(1) The Kansas water office, on behalf of the state, shall accept and hold such water rights in trust;
(2) the Kansas water office shall have no authority to assign, transfer or otherwise dispose of such water rights;
(3) all contractual agreements associated with such water rights shall remain in effect and the provisions of K.S.A. 82a-718 and amendments thereto shall not apply to such water rights while held by the Kansas water office; and
(4) the Kansas water office shall make all annual payments associated with such acquired water rights to any water assurance district under the provisions of the water assurance program act until such time as such water rights are transferred to another person or entity.
(d) Changes to any water rights acquired by the state pursuant to this section shall be in accordance with the Kansas water appropriation act, including the provisions of K.S.A. 82a-708b and amendments thereto.
History: L. 1999, ch. 122, § 2; July 1.
(1) "Base average usage" means: (A) The average amount of water actually used for a beneficial use under a groundwater water right during calendar years 1992 through 2002, excluding any amount used in any such year in excess of the amount authorized by such water right; or (B) if the holder of a groundwater water right shows to the satisfaction of the chief engineer that the holder has implemented significant water conservation measures during calendar years 1992 through 2002, the average amount of water actually used for a beneficial use under such right during the five calendar years immediately before the calendar year when such measures were implemented, excluding any amount used in any such year in excess of the amount authorized by such water right.
(2) "Chief engineer" means the chief engineer of the division of water resources of the department of agriculture.
(b) Any holder of a groundwater water right which has not been deposited or placed in a safe deposit account in a chartered water bank may establish a flex account where the holder may deposit, in advance, water from such water right for any five consecutive calendar years, subject to the following:
(1) The water right must be vested or shall have been issued a certificate of appropriation;
(2) the withdrawal of water pursuant to the water right shall be properly and adequately metered;
(3) the water right shall not have been abandoned and shall be in good standing, based on past water usage and compliance with the terms of the holder's permit and all applicable provisions of law and orders of the chief engineer; and
(4) the amount of water that shall be deposited in the account shall not exceed 90% of the amount of the holder's base average usage times five.
(c) The chief engineer shall implement a program providing for the issuance of term permits to holders of groundwater water rights who have established flex accounts in accordance with this section. Such term permits shall authorize the use of water in a flex account at any time during the five consecutive calendar years for which the application for the term permit is made, without annual limits on such use. Application for any such term permit shall be filed not later than October 10, of the year preceding the first year for which the application is made.
(d) Term permits provided for by this section shall be subject to the following:
(1) A separate term permit shall be required for each point of diversion.
(2) The quantity of water authorized for diversion shall be limited to the amount deposited pursuant to subsection (b)(4).
(3) The authorized place of use for the term permit shall not be greater than that authorized by the existing groundwater right.
(4) The chief engineer may establish, by rules and regulations, criteria for such term permits when the water right authorizes multiple points of diversion or multiple water rights authorize a single point of diversion or overlapping places of use.
(5) Except as explicitly provided for by this section, such term permits shall be subject to all provisions of the Kansas water appropriation act, and rules and regulations adopted under such act, and nothing in this section shall authorize impairment of any vested right or prior appropriation right by the exercise of such term permit.
(e) All costs of administration of this section shall be paid from fees for term permits provided for by this section. Any appropriation or transfer from any fund other than the water appropriation certification fund for the purpose of paying such costs shall be repaid to the fund from which such appropriation or transfer is made. At the time of repayment, the secretary of agriculture shall certify to the director of accounts and reports the amount to be repaid and the fund to be repaid. Upon receipt of such certification, the director of accounts and reports shall promptly transfer the amount certified to the specified fund.
(f) The chief engineer shall submit a written report on the implementation of this section to the house standing committee on environment and the senate standing committee on natural resources on or before February 1 of each year.
(g) This section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 2001, ch. 160, § 16; L. 2005, ch. 142, § 3; Apr. 21.
(1) "Chief engineer" means the chief engineer of the division of water resources of the department of agriculture.
(2) "Secretary" means the secretary of agriculture.
(b) Any person who commits any of the following may incur a civil penalty as provided by this section:
(1) Any violation of the Kansas water appropriation act (K.S.A. 82a-701 et seq., and amendments thereto) or any rule and regulation adopted thereunder;
(2) any violation of an order issued pursuant to K.S.A. 82a-1038, and amendments thereto, relating to an intensive groundwater use control area; or
(3) any violation of a term, condition or limitation imposed by the chief engineer as authorized by law, including, but not limited to: (A) Diversion of water from an unauthorized point of diversion; (B) failure to limit the use of water to the authorized place of use; (C) failure to submit or comply with the terms of conservation plans as required pursuant to K.S.A. 82a-733, and amendments thereto; (D) failure to comply with the maximum annual quantity or rate of diversion authorized; (E) failure to properly install, maintain or assure the accuracy of acceptable water measurement devices; (F) failure to comply with orders related to minimum desirable stream flow, unlawful diversion, impairment of senior water rights or waste of water; or (G) failure to limit the use of water to an authorized type of use.
(c) The amount of the civil penalty provided for by this section shall be not less than $100 nor more than $1,000 per violation. In the case of a continuing violation, each day such violation continues may be deemed a separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law.
(d) The chief engineer or the chief engineer's duly authorized agent, upon a finding that a person has committed a violation specified in subsection (b), may order the modification or suspension of the person's water right or use of water, in addition to any other penalty provided by law.
(e) No civil penalty or suspension or modification of a water right or use of water shall be imposed pursuant to this section except on the written order of the chief engineer or duly authorized agent of the chief engineer. Such order shall state the nature of the violation, the factual basis for the finding, the penalty to be imposed and the appropriate procedure for appeal of the order to the chief engineer or the secretary, as established by K.S.A. 2007 Supp. 82a-1901, and amendments thereto. Upon review, the order shall be affirmed, reversed or modified and the reasons therefor shall be specified.
(f) Any person aggrieved by an order of the chief engineer, or the chief engineer's duly authorized agent, pursuant to this section may request review by the secretary as provided by K.S.A. 2007 Supp. 82a-1901, and amendments thereto, and, upon exhaustion of administrative remedies, may appeal to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(g) The provisions of this section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 2001, ch. 160, § 14; July 1.
History: L. 2004, ch. 100, § 2; July 1.
History: L. 2006, ch. 198, § 2; July 1.
(b) Implementation of the provisions of the water banking act shall be subject to the availability of appropriations for that purpose.
History: L. 2001, ch. 160, § 1; July 1.
(a) "Bank boundary" means the geographic area where a water bank operates and conducts the functions of a water bank and may encompass more than one hydrologic unit.
(b) "Bank charter" means a document that sets out the articles of incorporation and principal functions of a water bank.
(c) "Bankable water right" means a water right that has been determined pursuant to K.S.A. 2007 Supp. 82a-764, and amendments thereto, to be bankable.
(d) "Chief engineer" means the chief engineer of the division.
(e) "Conservation element" means the portion of a deposit that is taken out of use for the duration of the deposit and is not allowed to be withdrawn and used by subsequent users.
(f) "Deposit," other than as used in "safe deposit account," refers to the deposit of a water right, or portion of a water right, in a water bank for the purpose of having the bank lease water from such water right, or portion of a water right, to another person or entity.
(g) "Division" means the division of water resources of the Kansas department of agriculture.
(h) "Hydrologic unit" means a defined area from which water rights authorizing diversion of water from a source of supply may be deposited and from which water from the same source of supply may be leased, in accordance with the provisions of this act, without causing impairment of existing water rights or a significantly different hydrological effect to other users of water from the same source or hydraulically connected sources of supply.
(i) "Linked water rights" means two or more water rights that authorize common points of diversion or a common place of use, or both.
(j) "Safe deposit account" means a personal account held in a water bank where unused water from a bankable water right is placed for use in future years.
(k) "Term permit" means a permit to appropriate water for a specified period of time.
(l) "Water bank" means a private not-for-profit corporation that: (1) Leases water from water rights that have been deposited in the bank; and (2) provides safe deposit accounts. A water bank may be a groundwater bank or a surface water bank, or both.
History: L. 2001, ch. 160, § 2; July 1.
(1) The bank shall accept for deposit only a water right, or portion of a water right, that has been determined to be a bankable water right under K.S.A. 2007 Supp. 82a-764, and amendments thereto;
(2) a deposit of a groundwater water right shall be for a period of not more than five years;
(3) a deposit shall be subject to such terms and conditions as provided by the contract between the bank and the depositor, including penalty provisions for breach of any contract conditions; and
(4) a deposit shall be subject to such terms and conditions, and such approval by the chief engineer, as provided by rules and regulations of the chief engineer.
(b) A water bank shall be authorized to lease water from any water right, or portion of a water right, that has been deposited in the bank, subject to the following:
(1) Any water leased must be used within the bank boundary and in the same hydrologic unit from which the water right authorizing diversion of the water is deposited;
(2) use of leased water shall be subject to all provisions of the Kansas water appropriation act, including but not limited to all requirements relating to term permits;
(3) a lease shall be subject to such terms and conditions as provided by the contract between the bank and the lessor, including penalty provisions for breach of any contract conditions;
(4) a lease shall be subject to such terms and conditions, and such approval by the chief engineer, as provided by rules and regulations of the chief engineer; and
(5) a water bank's decision of whether or not to lease water shall not be based on the proposed use of the water.
(c) A water bank shall provide safe deposit accounts where a holder of a water right may place unused water from the water right for future withdrawal, subject to the following:
(1) A water right holder shall place in a safe deposit account only water from a water right that has been determined to be a bankable water right under K.S.A. 2007 Supp. 82a-764 and amendments thereto;
(2) only water that was unused in the immediate past calendar year may be placed in a safe deposit account and the amount that shall be placed in such account shall be less than the total amount of unused water from the bankable water right in that year;
(3) only water from one water right shall be placed in a safe deposit account and water from a water right shall not be placed in more than one safe deposit account, except that water from linked water rights may be placed in a single safe deposit account;
(4) each calendar year that water remains in a safe deposit account, the amount of water held in the account shall decrease by a percentage established by the charter of the bank but in no case less than 10% annually of all amounts placed in the account;
(5) the total amount of water accumulated in a safe deposit account shall not exceed the maximum annual quantity authorized to be diverted under the water right or the aggregate maximum quantity authorized to be diverted under all linked water rights from which water is deposited in the account;
(6) use of water withdrawn from a safe deposit account shall be subject to all provisions of the Kansas water appropriation act, including but not limited to all requirements relating to term permits;
(7) a safe deposit account shall be subject to such terms and conditions as provided by the contract between the bank and the account holder, including penalty provisions for breach of any contract conditions;
(8) a safe deposit account shall be subject to such terms and conditions, and such approval by the chief engineer, as provided by rules and regulations of the chief engineer; and
(9) the operation of safe deposit accounts by the bank shall not result in an increase in the amount of net consumptive use of water in any hydrologic unit, computed on a long-term rolling average compared to a representative past period.
(d) A water bank may provide services to facilitate the sale or lease of water rights.
(e) A water bank shall not own, buy or sell water rights.
History: L. 2001, ch. 160, § 3; July 1.
History: L. 2001, ch. 160, § 4; July 1.
(b) The chief engineer shall approve the charter of a water bank only if the chief engineer determines that:
(1) The charter ensures that the operations and policies of the bank will be consistent with the provisions of this act, the state water plan and all applicable statutes, rules and regulations, findings and orders of the chief engineer, groundwater management district policies and water assurance district operations plans;
(2) there is sufficient participation by water right holders and water users to make the operations of the bank practical and feasible;
(3) the governing body of the bank has at least five members and is reasonably representative of public and private interests in water within the bank boundary;
(4) the bank would not lease or accept for placement in a safe deposit account water from the same hydrologic unit as another chartered bank or accept for deposit a water right that authorizes diversion of water from the same hydrologic unit as another chartered water bank;
(5) the charter ensures that, for each calendar year, the aggregate amount of all bank deposits (determined by multiplying the amount of each water right deposited by the length of time of the deposit and then adding together the resulting amounts for all deposits) will equal or exceed the sum of the aggregate amount of water leased by the bank (determined by multiplying the amount of each lease by the length of time of the lease and then adding together the resulting amounts for all leases) plus the aggregate conservation element of all leases (determined by multiplying the conservation element of each lease by the length of the lease and then adding together the resulting amounts for all leases);
(6) the charter ensures that the operations of the bank will not result in impairment of existing water rights or an increase in depletion of severely depleted groundwater aquifers or stream courses;
(7) the charter ensures that the operations of the bank will result in a savings of 10% or more in the total amount of groundwater consumed for a representative past period pursuant to water rights deposited in the bank, excluding groundwater located in an intensive groundwater use control area where corrective control provisions have reduced the allocation of groundwater to less than the quantity previously authorized by water rights in the area;
(8) the charter provides a procedure for resolution of complaints by bank participants and others impacted by the bank policies, practices and operations;
(9) the charter ensures that the determination of the portion of a water right that is bankable shall be subject to the following:
(A) The determination shall be primarily based on a representative period of average water consumption for the hydrologic unit from which water is authorized to be diverted under the water right; and
(B) the method of determination shall not penalize past implementation of water conservation practices;
(10) the charter ensures that the total amount of groundwater leased each year from each hydrologic unit does not exceed 90% of the historic average annual amount collectively diverted pursuant to all deposited water rights or portions of water rights from such unit for a representative past period; and
(11) the charter provides a procedure for the dissolution of the bank, specifically stating how the remaining deposits and safe deposit accounts will be distributed.
(c) Prior to July 1, 2002, not more than one water bank shall be chartered to operate in the state. Such water bank shall be a groundwater bank. On or after July 1, 2002, one additional water bank may be chartered to operate in the state. Such water bank shall be a surface water bank or a surface water and groundwater bank.
(d) A water bank shall be chartered for a period of not more than seven years, at which time the bank shall be subject to review in accordance with K.S.A. 2007 Supp. 82a-767, and amendments thereto, to determine whether the bank's charter shall be extended.
(e) Any amendment to the charter of a water bank must be approved by the chief engineer prior to adoption of the amendment.
History: L. 2001, ch. 160, § 5; July 1.
(1) With regard to water rights or portions of water rights on deposit in the bank during the last year: (A) The total quantity of water authorized to be diverted annually pursuant to each such water right or portion of a water right; (B) the total quantity of water used, by purpose of use, and acres irrigated for the portion authorized to be used for irrigation, during the last year as a result of leases of such water rights or portions of water rights; and (C) the total quantity of water used, by purpose of use, and acres irrigated for the portion authorized for irrigation pursuant to such water rights or portions of water rights during the two years preceding the last year; and
(2) with regard to water in each safe deposit account in the bank: (A) An accounting of the total quantity of water placed in such accounts during the past year and a balance at year end; (B) the total quantity of water used during the past year, and acres irrigated if an irrigation water right, from the account; (C) the total quantity of water authorized to be diverted annually, the quantity actually used and the acres irrigated, if an irrigation water right, during the past year pursuant to the water rights or linked water rights related to such account; and (D) the total quantity of water used and acres irrigated pursuant to such water rights during the two years preceding the last year.
(b) The chief engineer may require owners of water rights deposited in a water bank, owners of water rights that have placed water in safety deposit accounts in a water bank and persons leasing water from a water bank to file annual water use reports at a date earlier than that provided by K.S.A. 82a-732, and amendments thereto.
(c) The report required by this section shall be in the form prescribed by the chief engineer.
History: L. 2001, ch. 160, § 6; July 1.
(1) The director of the Kansas water office, or the director's designee, who shall serve as chairperson of the team;
(2) the director of the Kansas geological survey, or the director's designee;
(3) two members who represent water right holders and water users who have used the bank's services, which members shall be selected by the governing body of the bank;
(4) members selected by the chief engineer as follows: (A) Two members engaged in teaching or research at institutions of postsecondary education in subjects involving water resources, including but not limited to water resources engineering and hydrology; (B) a member who is an economist with knowledge and experience in water resources; (C) one member having knowledge and experience in water law; and (D) two members having knowledge and experience in water policy issues and residing outside the bank boundary, who shall represent the public interest;
(5) one representative of each groundwater management district located in whole or in part within the bank boundary selected by the board of directors of such district; and
(6) one representative of each water assurance district located in whole or in part within the bank boundary selected by the board of directors of such district.
(b) The staff of the Kansas water office shall provide staff assistance to the evaluation team.
(c) Not more than one year after a team is convened pursuant to this section, the team shall submit a report of its evaluation and recommendations to the governor, the Kansas water office, the Kansas water authority, the secretary of agriculture, the chief engineer and the senate standing committee on natural resources and the house standing committee on environment, or the successors to such committees regarding:
(1) The operations and policies of the bank and whether they are consistent with the provisions of this act, the state water plan and all applicable statutes, rules and regulations, findings and orders of the chief engineer, groundwater management district policies and water assurance district operations plans;
(2) whether the operations of the bank are achieving the goals and objectives of water banking as set out in the state water plan and whether changes could be made to further those goals and objectives;
(3) whether the charter of the bank should be extended;
(4) the terms under which the bank's charter should be allowed to lapse, if the team recommends that the charter not be extended;
(5) the bank's impact on the entire area of all hydrologic units any parts of which are encompassed in the bank's boundary; and
(6) any other matters that the team determines relevant to the future of water banking in the state.
(d) Unless otherwise provided by law, the chief engineer, in accordance with the recommendations of the team, may extend the charter of the bank for an additional period not to exceed seven years or may allow the bank charter to lapse under the terms recommended by the team.
History: L. 2001, ch. 160, § 7; July 1.
History: L. 2001, ch. 160, § 8; July 1.
History: L. 2001, ch. 160, § 9; July 1.
(b) The chief engineer shall suspend the use of water under a permit or water right pursuant to subsection (a) only upon notice and hearing in accordance with the provisions of the Kansas administrative procedure act.
(c) Orders of the chief engineer issued pursuant to this section are subject to review in accordance with the provisions of K.S.A. 2007 Supp. 82a-1901, and amendments thereto.
History: L. 2001, ch. 160, § 10; July 1.
History: L. 2001, ch. 160, § 11; July 1.
(b) Moneys in the water resources cost fund shall be expended only for the division's costs of providing assistance and services as provided by this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the water resources cost fund interest earnings based on:
(1) The average daily balance of moneys in the water resources cost fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the water resources cost 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 chief engineer for the purposes set forth in this section.
History: L. 2001, ch. 160, § 12; July 1.
(b) Moneys in the water office cost fund shall be expended only for the Kansas water office's costs of providing assistance and services as provided by this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the water office cost fund interest earnings based on:
(1) The average daily balance of moneys in the water office cost fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the water office cost 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 for the purposes set forth in this section.
History: L. 2001, ch. 160, § 13; July 1.