reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 19 - Administrative Matters › 82a-1905 Same; review of proposed rules and regulations by secretary of agriculture.

82a-1905.
Same; review of proposed rules and regulations by secretary of agriculture.
Before any proposed rules and regulations of the chief engineer of the division of water resources of the department of agriculture are submitted to the secretary of administration or the attorney general pursuant to K.S.A. 77-420, and amendments thereto:
(a) The chief engineer shall submit such rules and regulations to the secretary of agriculture; and
(b) the secretary of agriculture shall review and make recommendations to the chief engineer regarding such proposed rules and regulations.
History:
L. 1999, ch. 130, § 14; May 6.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 19 - Administrative Matters › 82a-1906 Notification and publication of certain applications and orders.

82a-1906. Notification and publication of certain applications and orders.
(a) The division of water resources of the Kansas department of agriculture shall post all complete applications and all orders issued by the division pursuant to K.S.A. 82a-706b, 82a-708a and 82a-708b, and amendments thereto, and K.S.A. 82a-745, and amendments thereto, on its official website.
(b) The division, in conjunction with the groundwater management district within which such water right is situated, shall notify all water right owners with a point of diversion within half a mile, or further if deemed necessary by a rule and regulation of the chief engineer, of a water right pending request or application pursuant to K.S.A. 82a-706b, 82a-708a and 82a-708b, and amendments thereto, and K.S.A. 82a-745, and amendments thereto, except for change applications requesting a point of diversion move 300 feet or less from the currently authorized location.
History:
L. 2016, ch. 71, § 2; L. 2017, ch. 55, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 20 - Classified Stream Segments › 82a-2002 Establishment of classified stream segments; use of such.

82a-2002.
Establishment of classified stream segments; use of such.
Notwithstanding any other provisions of law and in addition to the powers of the secretary pursuant to K.S.A. 65-171d, and amendments thereto, the secretary shall establish classified stream segments in Kansas and, following such classification, designate use of such classified stream segments pursuant to K.S.A. 82a-2003 and 82a-2004, and amendments thereto.
History:
L. 2001, ch. 100, § 2; September 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 20 - Classified Stream Segments › 82a-2003 Determination of which stream segments are listed as classified stream segments; duration of determination.

82a-2003.
Determination of which stream segments are listed as classified stream segments; duration of determination.
(a) Prior to December 31, 2002, the department shall review all stream segments listed on the 1999 Kansas surface water register and determine whether such stream segments meet the definitions of classified stream segments pursuant to paragraph (a)(1)(A) or (a)(1)(B) of K.S.A. 82a-2001, and amendments thereto. The department shall begin the review with stream segments listed on the 1999 Kansas surface water register west of the 98th longitude line and consider stream flow data or methodologies of extrapolating flow from the United States geological survey.
(b) Prior to December 31, 2005, the department shall review all stream segments listed on the 1999 Kansas surface water register which do not meet the definitions of classified stream segments pursuant to paragraph (a)(1)(A) or (a)(1)(B) of K.S.A. 82a-2001, and amendments thereto, and determine whether such stream segments meet the definitions of classified stream segments pursuant to paragraph (a)(1)(C), (a)(1)(D) or (a)(1)(E) of K.S.A. 82a-2001, and amendments thereto. The department shall establish a procedure, adopted in rules and regulations, requiring that all of the reviews and findings have been met pursuant to paragraph (a)(1)(D) of K.S.A. 82a-2001, and amendments thereto.
(c) All current stream classifications shall remain in effect until December 31, 2005, or as deleted or changed through the procedures set forth above.
History:
L. 2001, ch. 100, § 3; September 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 20 - Classified Stream Segments › 82a-2004 Listing of all currently classified stream segments; minimum action for unclassified stream segments; information available to public; duration of designation.

82a-2004.
Listing of all currently classified stream segments; minimum action for unclassified stream segments; information available to public; duration of designation.
(a) Prior to October 15, 2001, the department shall make publicly available a listing of all currently classified stream segments for which: (1) Designated use attainability analyses for recreational use have been completed; (2) recreational use has been determined not attainable; or (3) designated use attainability analyses for recreational use have not been completed. For such classified stream segments for which designated use attainability analyses for recreational use have not been completed, the department, at a minimum, shall complete a designated use attainability analysis for recreational use according to the following schedule:
(A) An aggregate of at least 25% of such classified stream segments shall have a designated use attainability analyses for recreational use completed prior to October 31, 2002.
(B) An aggregate of at least 50% of such classified stream segments shall have a designated use attainability analyses for recreational use completed prior to October 31, 2003.
(C) An aggregate of at least 75% of such classified stream segments shall have a designated use attainability analyses for recreational use completed prior to October 31, 2004.
(D) All of such classified stream segments shall have designated use attainability analyses for recreational use completed prior to October 31, 2005.
(b) Prior to October 15, 2002, the department shall make publicly available a listing of all currently classified stream segments for which: (1) Designated use attainability analyses for use other than recreational use have been completed; (2) use other than recreational use has been determined not attainable; or (3) designated use attainability analyses for use other than recreational use have not been completed. For such classified stream segments for which designated use attainability analyses for use other than recreational use have not been completed, the department, at a minimum, shall complete a designated use attainability analysis for use other than recreational use according to a schedule adopted before June 1, 2004, by rules and regulations of the secretary.
(c) Barring flooding or acts of God, which would prevent the department from completing designated use attainability analyses, the schedules provided for pursuant to subsections (a) and (b) shall be accelerated to allow for completion of designated use attainability analyses for all designated uses on or before December 31, 2007.
(d) All current designated uses of classified stream segments listed on the Kansas surface water register 1999 shall remain in effect until December 31, 2007, or until deleted or changed through the procedures set forth above.
History:
L. 2001, ch. 100, § 4; September 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 20 - Classified Stream Segments › 82a-2006 Reports to the governor and legislature.

82a-2006. Reports to the governor and legislature.
(a) Annually, on or before the first day of the legislative session, the secretary shall prepare and submit a report to the governor and the chairperson, vice-chairperson and ranking minority member of the standing committees of the house of representatives and the senate on environment and natural resources regarding the status of completing the classification of streams as required in K.S.A. 82a-2003, and amendments thereto, and designated use attainability analyses as required in K.S.A. 82a-2004, and amendments thereto.
(b) On or before February 15, 2003, the secretary shall report to the governor and the chairperson, vice-chairperson and ranking minority member of the standing committees of the house of representatives and the senate on environment and natural resources regarding the status of new methodologies of measuring stream flow, in particular that under development by the United States geological survey.
History:
L. 2001, ch. 100, § 6; September 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 20 - Classified Stream Segments › 82a-2007 Additional employee authorized for division of conservation.

82a-2007. Additional employee authorized for division of conservation.
Subject to appropriations, there shall be an additional employee at the Kansas department of agriculture division of conservation to work on total maximum daily load compliance and to coordinate with the department and other appropriate federal and state agencies to further implement voluntary incentive based conservation programs to protect water quality.
History:
L. 2001, ch. 100, § 7; L. 2012, ch. 140, § 144; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 20 - Classified Stream Segments › 82a-2008 Limitations on secretary's actions.

82a-2008.
Limitations on secretary's actions.
Nothing in this act shall be construed to:
(1) Require the secretary to designate the use of any classified stream as secondary contact recreational use pursuant to subsection (c)(7)(A)(ii)(b) of K.S.A. 82a-2001, and amendments thereto; or
(2) authorize public access to private property unless such public access is otherwise authorized by law or by written permission of the landowner.
History:
L. 2001, ch. 100, § 8; September 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 20 - Classified Stream Segments › 82a-2009 Severability of act.

82a-2009.
Severability of act.
If any provisions of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History:
L. 2001, ch. 100, § 9; September 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 20 - Classified Stream Segments › 82a-2010 Rules and regulations.

82a-2010.
Rules and regulations.
The secretary of health and environment shall develop and publish proposed rules and regulations to incorporate the provisions of this act, in accordance with the rules and regulations filing act, on or before July 1, 2003.
History:
L. 2003, ch. 105, § 2; May 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2201 Horsethief reservoir benefits district; powers.

82a-2201.
Horsethief reservoir benefits district; powers.
(a) K.S.A. 82a-2201 through 82a-2211, and amendments thereto, shall be known and may be cited as the horsethief reservoir benefit district act.
(b) The powers conferred by this act are for public uses, economic development purposes or purposes for which public money may be expended.
(c) Powers granted pursuant to this act shall be in addition to any other power provided by law.
History:
L. 2004, ch. 65, § 1; April 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2202 Same; definitions.

82a-2202.
Same; definitions.
As used in K.S.A. 82a-2201 through 82a-2211, and amendments thereto: (a) "Act" means the provisions of K.S.A. 82a-2201 through 82a-2211, and amendments thereto;
(b) "bonds" mean special obligation bonds or special obligation notes payable from the sources described in this act, issued by the district in accordance with the provisions of this act;
(c) "district" means the horsethief reservoir benefit district created pursuant to this act, the boundaries of which shall include all property located within the boundaries of Finney, Ford, Gray and Hodgeman counties;
(d) "governing board" means the governing body of the horsethief reservoir benefit district created pursuant to this act;
(e) "project" means the construction of a dam and recreation facilities within the district; and
(f) "horsethief reservoir benefit district sales tax" means the tax authorized by this act.
History:
L. 2004, ch. 65, § 2; April 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2203 Same; creation.

82a-2203.
Same; creation.
There is hereby created the horsethief reservoir benefit district for the purposes provided by this act.
History:
L. 2004, ch. 65, § 3; April 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2204 Horsethief reservoir benefits district; governing board; membership; terms; powers and duties.

82a-2204. Horsethief reservoir benefits district; governing board; membership; terms; powers and duties.
(a) The governing board of the horsethief reservoir benefit district shall consist of eight members, as follows:
(1) Four members to be appointed one each by the board of county commissioners of the four counties in the district;
(2) one member to be appointed one each by the governing body of the cities of Dodge City and Garden City;
(3) one member appointed by the Pawnee watershed district; and
(4) the secretary of wildlife and parks or the secretary's designee.
(b) The member appointed by the Pawnee watershed district shall serve as chairperson of the governing board.
(c) The board shall meet upon call of the chairperson as necessary to carry out its duties under this act.
(d) The initial appointment for the members appointed by Finney and Gray counties and Dodge City shall be for a term of one year. The initial appointment for the members appointed by Ford and Hodgeman counties, Garden City and the Pawnee watershed district shall be for a term of two years. For each subsequent appointment, each appointed member of the board shall be appointed for a term of two years. Each member shall continue in such position until a successor is appointed and qualified. Members shall be eligible for reappointment. Whenever a vacancy occurs in the membership of the board, a successor shall be selected to fill such vacancy in the same manner as and for the unexpired term of the member such person is succeeding.
(e) The governing body shall have the following powers and duties:
(1) Authority to impose a district wide sales tax pursuant to the provisions of this act;
(2) authority to issue bonds pursuant to the provisions of this act; and
(3) authority to manage recreational facilities within the district.
(f) The governing body shall provide that any fee schedule imposed for users of recreational facilities within the district may be set at a reduced rate or schedule for residents of any county that is a part of the district.
History:
L. 2004, ch. 65, § 4; L. 2012, ch. 47, § 137; L. 2023, ch. 7, § 150; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2206 Same; suit to set aside creation of district, limitation.

82a-2206.
Same; suit to set aside creation of district, limitation.
No suit to set aside the creation of the district, the authorization or funding of the project or the horsethief reservoir benefit district sales tax shall be brought after the expiration of 30 days from the date of certification of canvass of the votes at an election which authorizes the imposition of a horsethief reservoir benefit district sales tax.
History:
L. 2004, ch. 65, § 6; April 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2207 Same; payment of costs of project.

82a-2207.
Same; payment of costs of project.
The costs of the project shall be paid from all or any of the following sources: (a) The revenue received from the horsethief reservoir benefit district sales tax authorized by this act;
(b) the proceeds of any bonds issued pursuant to this act; and
(c) any other funds made available to the district, including funds appropriated by the state or the Pawnee watershed district.
History:
L. 2004, ch. 65, § 7; April 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2208 Same; fund created by district.

82a-2208.
Same; fund created by district.
A fund shall be created by the district for the project and identified by a suitable title. The proceeds from the sale of bonds and any other moneys appropriated by the governing board for such purpose shall be credited to such fund. Such fund shall be used solely to pay the costs of the project. Upon payment of the principal and interest on the bonds, if any, the governing board shall have authority to spend any moneys remaining in the fund for the purpose of management and operation of the project.
History:
L. 2004, ch. 65, § 8; April 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2209 Same; issuance of bonds by districts; characteristics; procedures.

82a-2209. Same; issuance of bonds by districts; characteristics; procedures.
(a) The district may issue bonds in one or more series to finance the undertaking of the project in accordance with the provisions of this act. Such bonds shall be made payable, both as to principal and interest solely from a pledge of the sources of funds described in K.S.A. 82a-2205, and amendments thereto. The district may pledge such revenue to the repayment of such bonds prior to, simultaneously with or subsequent to the issuance of such bonds.
(b) Bonds issued pursuant to subsection (a) shall not be general obligations of the district, give rise to a charge against its general credit or taxing powers, or be payable out of any funds or properties other than any of those set forth in subsection (a) and such bonds shall so state on their face.
(c) Bonds issued pursuant to subsection (a) shall be special obligations of the district and are declared to be negotiable instruments. Such bonds shall be executed by the authorized representatives of the district and sealed with the corporate seal of the district. All details pertaining to the issuance of the bonds and terms and conditions thereof shall be determined by resolution of the district. The provisions of K.S.A. 10-106, and amendments thereto, requiring a public sale of bonds shall not apply to bonds issued under this act. All bonds issued pursuant to this act and all income or interest therefrom shall be exempt from all state taxes. Such bonds shall contain none of the recitals set forth in K.S.A. 10-112, and amendments thereto. Such bonds shall contain the following recitals: The authority under which such bonds are issued; that such bonds are in conformity with the provisions, restrictions and limitations thereof; and that such bonds and the interest thereon are to be paid from the money and revenue received as provided in subsection (a).
(d) Any district issuing bonds under the provisions of this act may refund all or part of such issue pursuant to the provisions of K.S.A. 10-116a, and amendments thereto.
(e) Bonds issued under the provisions of this act shall be in addition to and not subject to any statutory limitation of bonded indebtedness imposed on such district.
History:
L. 2004, ch. 65, § 9; L. 2010, ch. 44, § 39; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2210 Same; reports by secretary of revenue; responsibilities of bond trustee, escrow or paying agent.

82a-2210.
Same; reports by secretary of revenue; responsibilities of bond trustee, escrow or paying agent.
The secretary of revenue, in connection with the horsethief reservoir benefit district for which sales tax revenues are pledged or otherwise intended to be used in whole or in part for the payment of bonds issued to finance project costs in such district for which a horsethief reservoir benefit district sales tax has been imposed, shall provide reports identifying each retailer having a place of business in such district setting forth the tax liability and the amount of such tax remitted by each retailer during the preceding month and identifying each business location maintained by the retailer within the district. Such report shall be made available to the bond trustee, escrow agent or paying agent for such bonds within a reasonable time after it has been requested from the director of taxation. The bond trustee, escrow agent or paying agent shall keep such retailers' district sales tax returns and the information contained therein confidential, but may use such information for purposes of allocating and depositing such district sales tax revenues in connection with the bonds used to finance the costs of the project in the district. Except as otherwise provided, the sales tax returns received by the bond trustee, escrow agent or paying agent shall be subject to the provisions of K.S.A. 79-3614, and amendments thereto.
History:
L. 2004, ch. 65, § 10; April 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2211 Same; qualified sunset.

82a-2211.
Same; qualified sunset.
If the horsethief reservoir benefit district sales tax authorized pursuant to this act is not imposed by December 31, 2008, the provisions of this act shall expire.
History:
L. 2004, ch. 65, § 11; April 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 22 - Horsethief Reservoir Benefit District. › 82a-2212 Same; law enforcement officers.

82a-2212.
Same; law enforcement officers.
(a) The governing board of the horsethief reservoir benefit district is authorized to appoint a law enforcement manager and law enforcement officers to serve under the command of the law enforcement manager.
(b) Those employees of the horsethief reservoir benefit district that are appointed as law enforcement officers must meet the requirements of the Kansas law enforcement training act, K.S.A. 74-5601 through 74-5623, and amendments thereto.
(c) A law enforcement officer appointed under this section shall possess and exercise all general law enforcement powers, rights, privileges, protections and immunities in all counties where any horsethief reservoir benefit district property is located, as provided in K.S.A. 22-2401a, and amendments thereto. A law enforcement officer may book an arrested person at the jail in the jurisdiction of the arrest. Such law enforcement officer shall complete any required reports, arrest affidavits and other documents associated with the arrest. These reports shall be kept on file with the office of the law enforcement manager, unless a memorandum of agreement with a local law enforcement agency specifies otherwise.
(d) While on duty, law enforcement officers appointed under this section shall wear and publicly display a badge of office and a uniform. No such badge shall be required to be worn by any plain clothes investigator or department administrator, but any such officer shall present proper credentials and identification when required in the performance of such officer's duties.
History:
L. 2010, ch. 42, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2301 Lower Smoky Hill Water Supply Access Program; definitions.

82a-2301. Lower Smoky Hill Water Supply Access Program; definitions.
As used in K.S.A. 82a-2301 through 82a-2324, and amendments thereto, unless the context otherwise requires:
(a) "Access water" means water stored in water supply access storage of a reservoir under a water reservation right and provided as supplemental water to eligible water right holders.
(b) "Chief engineer" means the chief engineer of the Kansas department of agriculture, division of water resources.
(c) "District" means the lower smoky hill water supply access district.
(d) "Eligible water right holder" means a person holding a water right or permit, pursuant to K.S.A. 82a-701 et seq., and amendments thereto, to appropriate surface water from the program area for municipal, industrial, irrigation or recreation purposes as determined by the Kansas water office. Eligible water right holders for irrigation purposes shall be limited to the lower smoky hill river special irrigation district.
(e) "Landowner" means a person who is the record owner of any real estate within the boundaries of the district or who has an interest therein as contract purchaser of 40 or more contiguous acres in the district not within the corporate limits of any municipality. Owners of oil leases, gas leases, mineral rights, easements, or mortgages shall not be considered landowners by reason of such ownership.
(f) "Member" means an eligible water right holder who participates in and is subject to the rules and regulations of a water supply access district.
(g) "Person" means any natural person, private corporation, municipality or other public corporation.
(h) "Program" means the lower smoky hill water supply access program.
(i) "Program area" means the area of the smoky hill river below the kanopolis reservoir dam to the confluence of the smoky hill and saline rivers.
(j) "Special irrigation district" means the lower smoky hill water supply special irrigation district.
(k) "Water supply access storage" means water held by the Kansas water office in kanopolis reservoir under contract with the United States army corps of engineers and so designated by the Kansas water office as water supply access storage for the purposes of the lower smoky hill water supply access program.
History:
L. 2011, ch. 89, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2302 Same; program established; powers of Kansas Water Office.

82a-2302. Same; program established; powers of Kansas Water Office.
There is hereby established the lower smoky hill water supply access program within the Kansas water office. The Kansas water office, with approval of the Kansas water authority, may negotiate and enter into contracts for water supply access storage to be used for the purposes of this act. The water office may designate all or any portion of such water so held in the kanopolis reservoir to water supply access storage to meet the needs of the district.
History:
L. 2011, ch. 89, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2303 Same; access fund.

82a-2303. Same; access fund.
There is hereby established in the state treasury the lower smoky hill water supply access fund which shall be administered by the Kansas water office. All expenditures from the lower smoky hill water supply access fund shall be for the purposes of this act. All expenditures from the lower smoky hill water supply access fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports pursuant to vouchers approved by the director of the Kansas water office or the director's designee. All moneys received for the purposes of this act shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the lower smoky hill water supply access fund. The director of the Kansas water office may accept or receive moneys from the district into the lower smoky hill water supply access fund.
History:
L. 2011, ch. 89, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2304 Same; authorization of district; members; incorporating governing body.

82a-2304. Same; authorization of district; members; incorporating governing body.
(a) There is hereby authorized the lower smoky hill water supply access district.
(b) Upon receipt of an application for membership within the district, the director of the Kansas water office may determine the need to create an incorporating governing body for the district, and upon such determination, shall certify to the secretary of state and the members of the district that such district is eligible for formation and should be incorporated. The notice of certification should fix a date, time and place for an organizational meeting of such district.
(c) The members of the district shall meet on the date and time set by such director to form the incorporating governing body of such district.
(d) The incorporating governing body, if created, shall consist of five directors. Eligible water rights holders, or their representatives, who apply for membership, shall be the incorporating entities and shall determine the articles of incorporation. Such articles of incorporation shall provide the board of directors of the lower smoky hill water supply access district so formed, shall have an odd number of directors and shall include a provision that no less than one representative of the lower smoky hill special irrigation district serve as a member of the lower smoky hill water supply access district board, if such special irrigation district is formed under the provisions of this act. Upon incorporation of the district, such incorporating governing body shall dissolve and shall be replaced by the governing body as determined by the articles of incorporation and bylaws of the district.
(e) The directors of the incorporating governing body shall elect an incorporating chairperson. The chairperson, on behalf of the incorporating governing body, shall attest to all documents necessary for incorporation of the district by the secretary of state and for the business of the district. The secretary of state shall issue a certificate of incorporation for the district, which shall be filed of record in the office of the register of deeds of each county in which all or a portion of the district lies.
(f) Upon recordation of such certificate of incorporation, the district shall be authorized to function in accordance with the provision of this act and its certificate of incorporation. No action attacking the legal incorporation of any district organized under this section shall be maintained unless filed within 30 days after the issuance of such certificate of incorporation for such district by the secretary of state, nor shall the alleged illegality of the incorporation of any such district be interposed as a defense to any action brought after such time.
History:
L. 2011, ch. 89, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2305 Same; membership eligibility.

82a-2305. Same; membership eligibility.
(a) A prospective member may join the district if the prospective member:
(1) Applies to the Kansas water office for water supply access storage, for the purposes of this act; and
(2) has or applies for a water right eligible for membership under this act.
(b) Prospective members may be approved for membership by the director of the Kansas water office, after consultation with the chief engineer, if the director finds that:
(1) The proposed membership is in the public interest or has a public benefit sufficient for membership;
(2) there is adequate water supply access storage to meet the additional demand; and
(3) such other issues as may be determined by such director have been resolved.
History:
L. 2011, ch. 89, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2306 Same; board of directors.

82a-2306. Same; board of directors.
All powers granted to the district shall be exercised by the board of directors. A majority of the directors shall constitute a quorum for the transaction of business. A majority of those directors present and voting shall determine all actions taken by the governing body.
History:
L. 2011, ch. 89, § 6; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2307 Same; election of directors.

82a-2307. Same; election of directors.
After the initial meeting to elect the governing body, an annual meeting shall be held to elect such directors whose terms shall expire, to render a report on the financial condition and activities of the district and to adopt a budget in the manner provided by K.S.A. 79-2925 et seq., and amendments thereto. Notice of the annual meeting shall be given to all members of the district by first class mail, postage prepaid, at least 10 days prior to the date of the annual meeting.
History:
L. 2011, ch. 89, § 7; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2308 Same; board of directors; meetings.

82a-2308. Same; board of directors; meetings.
(a) Regular meetings of the board of directors shall be held no less than quarterly at a place, day and time established by the board of directors. Notice of such meetings shall be given to all members of the district by first class mail, postage prepaid, at least five days prior to the date of such meetings.
(b) Special meetings may be held at any time on the call of the chairperson of the district governing body. Notice shall be provided to each director at least one day prior to the time fixed for such special meeting. The notice of any special meeting may be accomplished by any means calculated to provide adequate notice to each director.
History:
L. 2011, ch. 89, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2309 Same; powers of district.

82a-2309. Same; powers of district.
The district incorporated under the provisions of this act shall be a body politic and corporate and shall have the power to:
(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 it was 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 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 program area as may be designated by the board of directors; and
(h) take any other action necessary to achieve the purposes of the district.
History:
L. 2011, ch. 89, § 9; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2311 Same; negotiation of contracts.

82a-2311. Same; negotiation of contracts.
If any member of the district requests an opportunity to renegotiate any existing contracts for the purchase of water supply, as described in K.S.A. 82a-1301 et seq., and amendments thereto, the Kansas water authority and the Kansas water office shall conduct such negotiations on a timely basis and on the provisions for which negotiations are requested.
History:
L. 2011, ch. 89, § 11; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2312 Same; releases of water.

82a-2312. Same; releases of water.
(a) The chief engineer shall protect releases of water from the kanopolis reservoir for water supply access storage as may be necessary to effectuate the purposes of the releases made pursuant to this act and for the benefit of the district members for whom such releases are made.
(b) The Kansas water office shall communicate to the chief engineer the date and quantity of such release, the district member or members for whom such release is made and such other information as the chief engineer may request to insure protection of the release.
History:
L. 2011, ch. 89, § 12; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2313 Same; conservation plans.

82a-2313. Same; conservation plans.
Each member of the district shall adopt conservation plans and practices for such member. Such plans and practices shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office as provided in K.S.A. 74-2608, and amendments thereto. Prior to entering into a contract the district and 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 for conservation plans and practices adopted by the Kansas water office.
History:
L. 2011, ch. 89, § 13; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2314 Same; bonds.

82a-2314. Same; bonds.
(a) The Kansas water office is hereby authorized to issue and sell revenue bonds for the purpose of paying all or part of the cost of acquiring a site or sites, constructing, reconstructing, improving and expanding projects within the program area or to finance the purchase of storage in the reservoir using procedures established for issuing such bonds as described in K.S.A. 82a-1360 et seq., and amendments thereto.
(b) The district may negotiate to make annual payments over a period of not to exceed 20 years for any access storage water purchased under this act.
History:
L. 2011, ch. 89, § 14; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2315 Same; expiration of provisions.

82a-2315. Same; expiration of provisions.
If the district authorized pursuant to this act is not formed by December 31, 2020, the provisions of this act shall expire.
History:
L. 2011, ch. 89, § 15; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2316 Same; lower smoky hill special irrigation district; authorization.

82a-2316. Same; lower smoky hill special irrigation district; authorization.
There is hereby authorized the lower smoky hill special irrigation district for the purpose of participating in the lower smoky hill water supply access program. Such special irrigation district shall be a single member of the lower smoky hill water supply access district.
History:
L. 2011, ch. 89, § 16; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2317 Same; special irrigation district; formation and petition.

82a-2317. Same; special irrigation district; formation and petition.
(a) The lower smoky hill special irrigation district shall be formed upon petition by eligible irrigation water right holders to the director of the Kansas water office, demonstrating a need for and requesting purchase of 500 acre feet or more for water supply access storage for the proposed special irrigation district. The petition shall provide contact information for each person signing, information on the land proposed for membership in the district, information necessary for verification of the water rights held on the eligible land and the amount of water requested from kanopolis reservoir water supply access storage by each person so signing. The Kansas water office may request additional information from each person signing such petition.
(b) The director of the Kansas water office, in consultation with the chief engineer, shall verify the ownership of subject land within the proposed special irrigation district for the lands noted in the petition, the water rights held for subject land by each person so signing and other matters the Kansas water office may deem necessary. Upon verification of the eligibility of those signing such petition the director of the Kansas water office shall set a date, time and place for the first meeting of such district for the purposes of electing a governing board for the special irrigation district.
History:
L. 2011, ch. 89, § 17; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2318 Same; special irrigation district; membership.

82a-2318. Same; special irrigation district; membership.
(a) Membership of the special irrigation district shall consist of all landowners holding eligible irrigation water rights participating in the petition as described in K.S.A. 82a-2317, and amendments thereto. Additional interested eligible landowners with irrigation surface water rights within the program area may apply for membership in accordance with rules and procedures to be determined by the governing board as provided in K.S.A. 82a-2319, and amendments thereto.
(b) All qualified applicants for membership in the special irrigation district shall become members and shall be able to use water supply access storage under the rules and by-laws of the lower smoky hill water access supply district and the special irrigation district. All members shall be liable to the district and the special irrigation district for costs, fees, assessments and charges.
History:
L. 2011, ch. 89, § 18; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2319 Same; special irrigation district; governing board; authorities; duties.

82a-2319. Same; special irrigation district; governing board; authorities; duties.
(a) There shall be created a governing board of the special irrigation district. Such governing board shall have the authority to:
(1) Purchase, allocate, determine, charge fees and assessments for and allow the use, for the benefit of members of the special irrigation district, of water supply access storage;
(2) contract for real and personal, property;
(3) contract with employees and consultants; and
(4) buy, sell, lease, rent and purchase water supply access storage pursuant to the provisions of this act.
(b) The governing board of the special irrigation district shall:
(1) Designate one or more members, as described in the articles of incorporation of the lower smoky hill water supply access district, to serve on the governing board of the lower smoky hill water supply access district. Such member shall speak for the special irrigation district on matters before the directors of the lower smoky hill water supply access district;
(2) provide for a fee structure sufficient to pay for such water supply access storage and any additional costs as determined by the special irrigation district and set a fee schedule for all members of the special irrigation district; and
(3) create an agreement to be entered into with each person who desires to become a member of the special irrigation district, with the requirements for membership, duties, payment obligations, provisions for withdrawal or transfer of any single membership and any other matters as the governing board of the special irrigation district may deem necessary and prudent.
(c) In the event of extraordinary, special or emergency costs associated with membership in the district or special irrigation district, the governing board may assess additional costs to such members at a rate to be determined by the board, in any year. Notice of such assessment shall be provided to members by first class mail, postage prepaid by the special irrigation district.
History:
L. 2011, ch. 89, § 19; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2320 Same; special irrigation district; governing board; elections; meetings.

82a-2320. Same; special irrigation district; governing board; elections; meetings.
(a) All powers granted to the special irrigation district under the provisions of this act shall be exercised by an elected governing board. Such governing board shall consist of an odd number of no less than three and no more than nine directors. Elections for board members by the members of the special irrigation district shall be held at a meeting held each calendar year.
(b) At the initial election of the governing board, half of the board members of the special irrigation district, rounded down, shall be elected for a term of one year, and the remaining board members shall be elected for a term of two years. For each subsequent appointment, each board member shall be elected for a term of two years.
(c) The governing board of the special irrigation district, after being duly elected, shall elect from its number a president, vice-president, secretary, and treasurer. If the special irrigation district has three board members, such board shall elect one board member to hold the offices of both secretary and treasurer.
(d) Each member of the governing board of the special irrigation district shall continue in such position until a successor is elected and qualified. Members of such board shall have no term limits. Whenever the vacancy of a board member position occurs before the expiration of such board member's term, a successor shall be elected by such governing board to fill such vacancy for the unexpired term, except that such governing board may elect to call a special meeting of the membership for purposes of electing a board member to serve an unexpired term.
(e) The governing board of the special irrigation district shall meet no less than quarterly during any calendar year and shall meet upon call of the president as necessary to carry out its duties under this act.
(f) The governing board of the special irrigation district shall set an annual meeting for the district, and provide notice of the same to all members. At such annual meeting the membership may consider any matters such governing board may wish to present for consideration.
(g) A majority of the governing board of the special irrigation district shall constitute a quorum for the transaction of business. A majority of those board members present and voting shall determine all actions taken by such governing board.
History:
L. 2011, ch. 89, § 20; July 1.