adopt regulations in order to discharge his or her duties but he or she is also required, pursuant to K.S.A. 82a-706, to "administer the laws of this state pertaining to the beneficial use of water."9 Initiating proceedings to designate certain areas as intensive groundwater use control areas definitely pertains to the "beneficial use of water."10
In addition, K.S.A. 82a-1039 which is part of the IGUCA statutes clearly states that "nothing in this act (i.e. the IGUCA statutes) shall be construed as limiting . . . any duty or power of the chief engineer granted pursuant to the Kansas water appropriation act." As previously stated, under the Water Appropriation Act, it is the Chief Engineer's duty to administer laws pertaining to the beneficial use of water. This duty includes determining whether an area should be designated as an IGUCA. Accordingly, we conclude that the Chief Engineer may adopt rules and regulations pursuant to the authority provided in K.S.A. 82a-706a in order to implement the statutes relating to IGUCA proceedings.
Sincerely,
Paul J. Morrison Attorney General
Rebecca E. Rand Assistant Attorney General
1 K.S.A. 82a-201 et seq.
2 Emphasis added.
3 K.S.A. 82a-730.
4 K.S.A. 82a-1036 through K.S.A. 82a-1040.
5 IGUCA statutes are part of the groundwater management district statutes. K.S.A. 82a-1036 through 82a-1040.
6 K.S.A. 82a-1036 through K.S.A. 82a-1040.
7 K.S.A. 82a-1036.
8 K.S.A. 82a-1037.
9 Emphasis added.
10 K.S.A. 82a-1036; K.S.A. 2006 Supp. 82a-1038.