reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-902 State water resource planning act; definitions.

82a-902.
State water resource planning act; definitions.
The following words when used in this act, shall have the meaning ascribed in this section, except where the context clearly indicates a different meaning:
(a) "Person" means and includes a natural person, partnership, organization, association, private corporation, public corporation, any taxing district or political subdivision of the state, and any department or agency of the state government.
(b) "Public corporation" means a body that has for its object the government of a political subdivision of this state and includes any county, township, city, district, authority, or other municipal corporation or political subdivision of this state.
(c) "Federal government" means the United States of America or any department or agency thereof.
(d) "Office" means the Kansas water office.
History:
L. 1963, ch. 514, § 2; L. 1981, ch. 398, § 2; L. 1984, ch. 379, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-903 State water resource planning act; formulation of state water plan; cooperation of state water agencies; advice of general public.

82a-903. State water resource planning act; formulation of state water plan; cooperation of state water agencies; advice of general public.
In accordance with the policies and long-range goals and objectives established by the legislature, the office shall formulate on a continuing basis a comprehensive state water plan for the management, conservation and development of the water resources of the state. Such state water plan shall include sections corresponding with water planning areas as determined by the office. The Kansas water office and the Kansas water authority shall seek advice from the general public and from committees consisting of individuals with knowledge of and interest in water issues in the water planning areas. The plan shall set forth the recommendations of the office for the management, conservation and development of the water resources of the state, including the general location, character, and extent of such existing and proposed projects, programs, and facilities as are necessary or desirable in the judgment of the office to accomplish such policies, goals and objectives. The plan shall specify standards for operation and management of such projects, programs, and facilities as are necessary or desirable. The plan shall be formulated and used for the general purpose of accomplishing the coordinated management, conservation and development of the water resources of the state. The division of water resources of the Kansas department of agriculture, state geological survey, the division of environment of the department of health and environment, department of wildlife and parks, Kansas department of agriculture division of conservation and all other interested state agencies shall cooperate with the office in formulation of such plan.
History:
L. 1963, ch. 514, § 3; L. 1975, ch. 462, § 129; L. 1981, ch. 398, § 3; L. 1984, ch. 379, § 2; L. 1985, ch. 340, § 1; L. 1989, ch. 118, § 193; L. 2004, ch. 101, § 146; L. 2012, ch. 140, § 135; L. 2023, ch. 7, § 147; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-905 Same; public hearings on state water plan or sections thereof, procedure; approval by Kansas water authority and submission to legislature and governor of plan or sections thereof.

82a-905.
Same; public hearings on state water plan or sections thereof, procedure; approval by Kansas water authority and submission to legislature and governor of plan or sections thereof.
Prior to the submission of the state water plan or any section thereof or any amendment thereto to the Kansas water authority, the legislature and the governor, the office shall hold public hearings at such place or places as may be convenient to the area affected, to consider the state water plan or one or more sections thereof or amendments thereto, and to hear protests or petitions of all interested persons. Notice of such hearing shall be published at least twice prior to such hearing in the Kansas register. The office shall send, by United States mail, a reasonable notice of hearing to (1) such agencies of the state as have an interest in the management, conservation and development of the water resources of the state, (2) the county clerk of each county affected by the proposed plan, (3) the agencies of the federal government having an interest in water resources management, conservation and development, and (4) such persons, public or private, as have requested notification in writing from the office. In addition, the office may send notice of a scheduled hearing to any person or persons it deems proper. The office shall furnish a summary of the proposed plan to those persons it is required by law to notify of a public hearing and to such other persons as request a summary. The records of hearings shall be public records and open for inspection at the Kansas water office. The office shall give due consideration to the matters presented at such public hearing and shall then present the plan to the Kansas water authority. Upon approval by the authority, the office shall submit the plan to the legislature and the governor. Provisions in this section concerning notice and summary shall be directive and not jurisdictional.
History:
L. 1963, ch. 514, § 5; L. 1967, ch. 420, § 2; L. 1981, ch. 398, § 5; L. 1981, ch. 324, § 35; L. 1984, ch. 379, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-906 State water resource planning act; submission of plan and recommendations to governor and legislature.

82a-906.
State water resource planning act; submission of plan and recommendations to governor and legislature.
The Kansas water office, with the approval of the Kansas water authority, annually shall submit to the legislature and to the governor an up-dated water plan containing recommendations which are necessary to achieve the long-range goals and objectives for the management, conservation and development of the waters of the state as set forth in K.S.A. 82a-927, and amendments thereto.
History:
L. 1963, ch. 514, § 6; L. 1967, ch. 420, § 3; L. 1974, ch. 451, § 1; L. 1981, ch. 398, § 6; L. 1984, ch. 379, § 4; L. 1985, ch. 341, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-907 State water resource planning act; considerations in formulation of state water plan.

82a-907.
State water resource planning act; considerations in formulation of state water plan.
In formulating the state water plan the office shall consider:
(a) The management, conservation and development of the water resources of the state for the benefit of the state as a whole;
(b) the benefits to be derived from development of reservoir sites for the combined purposes of flood control, water supply storage and recreation;
(c) the safeguards to public health, aquatic and animal life established by K.S.A. 65-161 to 65-171t, inclusive, and amendments thereto, and the Kansas water quality management plan approved and adopted as provided by chapter 351 of the 1979 Session Laws;
(d) the water development policies, whenever possible, consistent with the beneficial development of other natural resources;
(e) the public health and general welfare of the people of the state;
(f) all appropriation and other rights to the use of water that exist pursuant to the Kansas water appropriation act and the state water plan storage act;
(g) the interrelationship of groundwater and surface water supplies and the effects of evapotranspiration on water supply;
(h) the alternative plans, programs and projects in the interest of effective water resource management, conservation and development;
(i) the means and methods for the protection of aquatic and other wildlife;
(j) the use of waters to augment the flow of surface streams for the support of aquatic and other wildlife and to improve the water quality of the stream and to protect the public health;
(k) the inclusion of conservation storage in reservoir development and planning for the regulation of streamflow for the purpose of quality control, such inclusion not to serve as a substitute for methods of controlling wastes at their sources;
(l) the maintenance, preservation and protection of the sovereignty of the state over all the waters within the state;
(m) plans, projects and recommendations of public corporations, the federal government and state agencies prepared pursuant to statutory authority;
(n) plans, recommendations and projects of private associations or organizations as they relate to the water resources of the state;
(o) the need of the state to control storage in federal reservoirs by purchase or agreement; and
(p) such other matters as the office deems proper or desirable.
History:
L. 1963, ch. 514, § 7; L. 1981, ch. 398, § 7; L. 1984, ch. 379, § 5; L. 1986, ch. 394, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-910 Same; recommendations to federal agencies as to future water supply storage; agreements with federal government; petition concerning future water supply needs.

82a-910.
Same; recommendations to federal agencies as to future water supply storage; agreements with federal government; petition concerning future water supply needs.
(a) Subject to the approval of the Kansas water authority, the office may recommend to any agency of the federal government the inclusion in any proposed or authorized federal project of any conservation storage features for water supply that the office expects will be needed within the state in the future for the achievement of the purposes of this act and the office may extend to and procure for any agency of the federal government reasonable assurances and evidence that such expected future demands for the use of such storage will be made within a period of time which will permit payment of the costs allocated to such purposes within the life of the project, if such assurances have been authorized by the state water plan.
(b) When, in addition to actions taken under subsection (a), the office shall find it necessary or desirable for the achievement of the purposes of this act, the office may enter into agreements with the federal government for the repayment of costs for the inclusion of any conservation storage features for water supply that the office expects will be needed within the state in the future for achievement of such purposes if such agreements have been authorized by the state water plan and a person or persons have contracted for the use of a substantial portion of the recommended conservation storage and that such person or persons will use the water supply thereof within a period of time which will permit them to pay their proportionate share of the costs allocated to such needs within the life of the project.
(c) Any person wishing the office to make a recommendation for storage features for expected future water supply needs, as provided in subsection (a), may petition the office and show that it (1) has good reason to and does believe that it will have future needs for the use of the additional storage; (2) will request the use of such storage by a time and for a duration that will permit it to pay the costs allocated to such purposes within the life of the project; (3) will be able to repay to the state the costs of the requested storage features; and (4) will insure compliance with such maintenance and operational requirements in the use of the expected future water supply requested as the office shall direct for the achievement of the purposes of this act.
History:
L. 1963, ch. 514, § 10; L. 1984, ch. 379, § 8; L. 1986, ch. 395, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-911 Same; recommendations of water office for inclusion in state plan of storage features for water supply on federal projects; findings.

82a-911.
Same; recommendations of water office for inclusion in state plan of storage features for water supply on federal projects; findings.
In its discretion, either upon its own initiative or in response to a specific request, the office, subject to the approval of the Kansas water authority, may include in the state water plan recommendations for the inclusion at state expense of any conservation storage features for water supply in any proposed or authorized or constructed water development project of the federal government of any conservation storage features for water supply that in the opinion of the office will be needed within the state in the future to achieve the purposes of this act. Before making such recommendations the office shall find that (1) such recommended features are consistent with the state water plan; (2) the recommended features will achieve or tend to achieve the purposes of this act; (3) the federal government will not at its expense include those features for the purposes contemplated by the office under terms which would assure essential state control of the waters of the state or meeting of state objectives, which purposes may include maintenance and operational requirements in the use thereof that the office shall specify for achievement of the purposes of this act; and (4) in the future some responsible person or persons will have needs for the use of all or a portion of the recommended conservation storage and that such person or persons will request the use thereof within a period of time which will permit them to pay out their proportionate share of the costs allocated to such needs within the life of the project.
History:
L. 1963, ch. 514, § 11; L. 1984, ch. 379, § 9; L. 1986, ch. 395, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-913 Same; statement of state costs.

82a-913.
Same; statement of state costs.
When any recommendation is made pursuant to K.S.A. 82a-911, and amendments thereto, the same shall include a statement of (1) the portion of the state costs for which the state does not anticipate repayment of its expenditures; and (2) the part of the state costs for which the state does anticipate repayment for its expenditures.
History:
L. 1963, ch. 514, § 13; L. 1986, ch. 395, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-915 State water resource planning act; contracts with federal government relative to release of water from projects or reservoirs, when.

82a-915.
State water resource planning act; contracts with federal government relative to release of water from projects or reservoirs, when.
The office is hereby authorized to negotiate with the federal government relative to releases of water from projects or reservoirs and to enter into agreements with the federal government with respect to the operation of projects or reservoirs for the releases of water, if such agreements are recommended by the state water plan.
History:
L. 1963, ch. 514, § 15; L. 1984, ch. 379, § 11; L. 1986, ch. 394, § 2; L. 1986, ch. 395, § 5; L. 1986, ch. 396, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-920 Same; projected costs of water management projects.

82a-920.
Same; projected costs of water management projects.
The office shall maintain in continuous process and revision tentative projected costs of water management projects for the coming years covering a total period of not less than 25 years, which projected costs the office shall submit with its annual budget request. In preparing such projections, the office shall include all items for which payment is expected to be made from state funds and anticipated revenues expected to be paid to the state.
History:
L. 1963, ch. 514, § 20; L. 1984, ch. 379, § 14; L. 1986, ch. 395, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-922 Same; expenditures from appropriations for Kansas water office, procedure.

82a-922.
Same; expenditures from appropriations for Kansas water office, procedure.
All expenditures from appropriations for the office shall be made in accordance with the applicable appropriation act upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or by a person or persons designated by the director.
History: L. 1963, ch. 514, § 22; L. 1974, ch. 452, § 21; L. 1984, ch. 379, § 15; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-923 State water plan; rules and regulations.

82a-923.
State water plan; rules and regulations.
The office shall adopt, amend, promulgate, and enforce such rules and regulations as are necessary and proper to carry out the provisions of this act. Such rules and regulations shall be filed in the office of the secretary of state as provided by law. The Kansas water office may prepare and distribute, free or at cost, compilations of its rules and regulations.
History:
L. 1963, ch. 514, § 23; L. 1984, ch. 379, § 16; L. 1988, ch. 366, § 48; June 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-924 Same; liberal construction.

82a-924.
Same; liberal construction.
This act shall be construed liberally to effectuate the purposes hereof, and the enumeration of specific powers in this act shall not operate to restrict the meaning of any general grant of power contained in this act or to exclude other powers comprehended in such general grant.
History:
L. 1963, ch. 514, § 24; April 23.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-925 Same; invalidity of part.

82a-925.
Same; invalidity of part.
If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered, and it shall be presumed that the legislature would have enacted this law with the omission of the section, subsection, or clause held to be invalid.
History:
L. 1963, ch. 514, § 25; April 23.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-927 State water plan; long-range goals.

82a-927.
State water plan; long-range goals.
The long-range goals and objectives of the state of Kansas for management, conservation and development of the waters of the state, are hereby declared to be:
(a) The development, to meet the anticipated future needs of the people of the state, of sufficient supplies of water for beneficial purposes;
(b) the reduction of damaging floods and of losses resulting from floods;
(c) the protection and the improvement of the quality of the water supplies of the state;
(d) the sound management, both public and private, of the atmospheric, surface, and groundwater supplies of the state;
(e) the prevention of the waste of the water supplies of the state;
(f) the prevention of the pollution of the water supplies of the state;
(g) the efficient, economic distribution of the water supplies of the state;
(h) the sound coordination of the development of the water resources of the state with the development of the other resources of the state; and
(i) the protection of the public interest through the conservation of the water resources of the state in a technologically and economically feasible manner.
History:
L. 1965, ch. 558, § 1; L. 1981, ch. 398, § 9; L. 1986, ch. 392, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-929 Same; state responsibility for water.

82a-929.
Same; state responsibility for water.
The state of Kansas hereby recognizes its responsibility and jurisdiction to protect, conserve, and control all waters affecting the people of the state, including those waters impounded in projects constructed pursuant to programs of the federal government.
History:
L. 1965, ch. 558, § 3; May 12.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-930 Same; state responsibility to manage water conservation.

82a-930.
Same; state responsibility to manage water conservation.
The state of Kansas hereby recognizes its responsibility and jurisdiction to operate and to manage those water conservation features financed by the state, and it recognizes its duty to fulfill its responsibility and to exercise its jurisdiction through either direct action or contractual delegation and in accordance with any agreements made between the state and any operating person or agency: Provided, however, That the provisions of this section shall not be deemed to apply to flood control features.
History:
L. 1965, ch. 558, § 4; May 12.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-931 Same; intergovernmental coordination of planning.

82a-931.
Same; intergovernmental coordination of planning.
As a matter of basic policy concerning the water resources of the state, the state of Kansas hereby declares its intention to coordinate state planning with local and national planning and, in safeguarding the interests of the state and its people, to undertake the resolution of any conflicts that may arise between the water policies, plans, and projects of the federal government and the water policies, plans, and projects of the state and its people.
History:
L. 1965, ch. 558, § 5; May 12.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-932 Same; Kansas water office to negotiate with federal government, when.

82a-932.
Same; Kansas water office to negotiate with federal government, when.
The office shall enter into negotiations and agreements with the federal government relative to the operation of, or the release of water from, any project that has been authorized or constructed by the federal government when the Kansas water authority shall deem such negotiations and agreements to be necessary for the achievement of the policies of the state of Kansas relative to the water resources thereof.
History:
L. 1965, ch. 558, § 6; L. 1984, ch. 379, § 17; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-933 Same; providing evidence of need to include storage features.

82a-933.
Same; providing evidence of need to include storage features.
The office may provide evidence of need to any agency of the federal government relative to the inclusion in any proposed or authorized water resource project of any conservation storage features for water supply that the office anticipates will be needed in the future.
History:
L. 1965, ch. 558, § 7; L. 1984, ch. 379, § 18; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-934 State water plan; agreements with federal government to pay for conservation storage features for water supply; limitations; reimbursement of costs.

82a-934.
State water plan; agreements with federal government to pay for conservation storage features for water supply; limitations; reimbursement of costs.
The office, on behalf of the state, shall enter into negotiations and agreements with the federal government relative to the inclusion or the purchase of, and the payment for, conservation storage features for water supply in any project that has been planned, authorized or constructed by the federal government when the Kansas water authority shall deem such negotiations and agreements to be necessary for the achievement of the policies of the state of Kansas relative to the water resources thereof. Such agreements shall be binding upon the state to the extent that future appropriations are made in support thereof. Subject to the foregoing, any agreement made under this section may provide that a portion of the reimbursement cost shall include any payment made by the United States to third parties as a result of the finding of liability by a court of competent jurisdiction or by settlement arising out of the use of the water storage space and the release therefrom, except that no reimbursement shall be made to the extent that the liability arises from the sole fault of the United States.
History:
L. 1965, ch. 558, § 8; L. 1973, ch. 416, § 1; L. 1979, ch. 186, § 32; L. 1984, ch. 379, § 19; L. 1985, ch. 342, § 11; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-941 Same; agencies to perform research related to water resources.

82a-941.
Same; agencies to perform research related to water resources.
It is hereby declared to be a policy of the state of Kansas that all agencies of the state having responsibilities affecting the water resources of the state shall, insofar as circumstances permit, carry on basic data collection, research, and analyses concerning climate, streamflow, water quality, groundwater levels, character and geographical extent of groundwater reservoirs and their relation to both surface and underground waters, interrelation of surface and groundwaters, methods and techniques for recharging groundwater reservoirs, probable yields from surface and groundwater reservoirs, seepage and evapotranspiration losses, and such other matters that relate to the water resources of the state, and those agencies shall direct their attention to the problems of water distribution, quality, pollution, supply variability, floods, and supply in relation to demand.
History:
L. 1965, ch. 558, § 15; May 12.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-942 Same; United States powers not affected.

82a-942.
Same; United States powers not affected.
Nothing in this act shall be deemed as an addition to, or an impairment of, any rights, powers, or jurisdiction of the United States, or those acting by or under its authority, with respect to the water resources of the state.
History:
L. 1965, ch. 558, § 16; May 12.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-944 Same; severability.

82a-944.
Same; severability.
If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been entered, and it shall be presumed that the legislature would have enacted this law with the omission of the section, subsection, or clause held to be invalid.
History:
L. 1965, ch. 558, § 18; May 12.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-947 Citation of act.

82a-947.
Citation of act.
The provisions of sections 1 to 20, inclusive, of this act and of K.S.A. 82a-901 to 82a-945, inclusive, and any acts amendatory thereof or supplemental thereto, shall be known and may be cited as the "state water resource planning act."
History:
L. 1984, ch. 379, § 20; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-951 State water plan fund; expenditures from fund; reports accounting for expenditures from the state water plan fund, the water technical assistance fund and the water projects grant fund.

82a-951. State water plan fund; expenditures from fund; reports accounting for expenditures from the state water plan fund, the water technical assistance fund and the water projects grant fund.
(a) There is hereby created, in the state treasury, the state water plan fund. All moneys in the state water plan fund shall be expended in accordance with appropriations acts for implementation of the state water plan formulated pursuant to K.S.A. 82a-903 et seq., and amendments thereto. Except as provided in K.S.A. 2023 Supp. 82a-955, and amendments thereto, such moneys shall be used only for the establishment and implementation of water-related projects or programs, and related technical assistance, and shall not be used for: (1) Replacing full time equivalent positions of any state agency; or (2) recreational projects which do not meet one or more of the long-range goals, objectives and considerations set forth in the state water resource planning act.
(b) On or before December 1 of each year, the Kansas water authority shall submit to the governor and the legislature a report setting out: (1) An account of all moneys expended from the state water plan fund, the water technical assistance fund and the water projects grant fund during each such fiscal year; and (2) a five-year capital development plan for state water plan projects.
History:
L. 1989, ch. 186, § 34; L. 2023, ch. 59, § 6; April 27.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-952 Penalties imposed by K.S.A. 65-170d, 65-171s, 65-3419 and 65-3446 deposited in state water plan fund.

82a-952.
Penalties imposed by K.S.A. 65-170d, 65-171s, 65-3419 and 65-3446 deposited in state water plan fund.
On and after July 1, 1989, all moneys collected from penalties imposed pursuant to K.S.A. 65-170d, 65-171s, 65-3419 or 65-3446, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state water plan fund created by K.S.A. 82a-951, and amendments thereto.
History:
L. 1989, ch. 186, § 29; L. 2001, ch. 5, § 472; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-953a Transfers from state general fund to state water plan fund; reductions.

82a-953a. Transfers from state general fund to state water plan fund; reductions.
During each fiscal year, the director of accounts and reports shall transfer $6,000,000 from the state general fund to the state water plan fund created by K.S.A. 82a-951, and amendments thereto, 1/2 of such amount to be transferred on July 15 and 1/2 to be transferred on January 15. During the fiscal year ending June 30, 2022, the transfer shall not exceed $4,005,632.
History:
L. 1989, ch. 186, § 33; L. 1990, ch. 28, § 19; L. 1990, ch. 350, § 12; L. 1993, ch. 292, § 76; L. 1994, ch. 297, § 11; L. 2000, ch. 130, § 107; L. 2002, ch. 204, § 165; L. 2003, ch. 138, § 131; L. 2004, ch. 165, § 3; L. 2005, ch. 206, § 88; L. 2006, ch. 142, § 164; L. 2007, ch. 167, § 201; L. 2009, ch. 2, § 93; L. 2009, ch. 124, § 146; L. 2010, ch. 165, § 158; L. 2011, ch. 118, § 190; L. 2012, ch. 175, § 168; L. 2013, ch. 136, § 281; L. 2015, ch. 104, § 250; L. 2017, ch. 104, § 243; L. 2018, ch. 109, § 128; L. 2019, ch. 68, § 182; L. 2020, ch. 5, § 172; L. 2021, ch. 98, § 190; May 17.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1020 Legislative declaration.

82a-1020.
Legislative declaration.
It is hereby recognized that a need exists for the creation of special districts for the proper management of the groundwater resources of the state; for the conservation of groundwater resources; for the prevention of economic deterioration; for associated endeavors within the state of Kansas through the stabilization of agriculture; and to secure for Kansas the benefit of its fertile soils and favorable location with respect to national and world markets. It is the policy of this act to preserve basic water use doctrine and to establish the right of local water users to determine their destiny with respect to the use of the groundwater insofar as it does not conflict with the basic laws and policies of the state of Kansas. It is, therefore, declared that in the public interest it is necessary and advisable to permit the establishment of groundwater management districts.
History:
L. 1972, ch. 386, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1022 Organization of district; steering committee; declaration of intent filing; map of proposed district, submission and approval by chief engineer.

82a-1022.
Organization of district; steering committee; declaration of intent filing; map of proposed district, submission and approval by chief engineer.
Proceedings to organize a groundwater management district shall be commenced by filing with the chief engineer a declaration of intent to form a district, signed by not less than fifteen (15) eligible voters of the proposed district. The seven (7) eligible voters first signing the declaration shall be the steering committee of the proposed district. The person first signing the declaration shall be chairman of the steering committee, and the second signer shall be the secretary. At the time of filing the declaration of intent, the steering committee shall also submit to the chief engineer a map of the proposed district. The chief engineer shall, in consultation with the steering committee, make any necessary modifications in the map of the proposed district so that, in the opinion of the chief engineer, a manageable area will result. After such modifications are made, the chief engineer shall certify to the steering committee, a description of the lands to be included within the proposed district.
History:
L. 1972, ch. 386, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1024 Same; determination of sufficiency of petition; approval by chief engineer; criteria for approval.

82a-1024.
Same; determination of sufficiency of petition; approval by chief engineer; criteria for approval.
(a) If the secretary of state finds the petition to be sufficient as to form and substance and executed in accordance with the requirements of this act he or she shall transmit a certified copy of the petition to the chief engineer within five (5) days from the date of his or her determination of sufficiency. Upon receipt of the certified copy, the chief engineer shall review the petition and shall within ninety (90) days after receipt of the copy transmit a written report of his or her findings on the petition, together with his or her written approval or disapproval of the petition, to the secretary of state and the chairman of the steering committee named in the petition.
(b) The chief engineer shall approve such petition if he or she finds that:
(1) The lands proposed to be included in the district substantially comprise a hydrologic community of interest.
(2) The proposed district would not include any of the lands of an existing groundwater management district.
(3) The statement of purposes contained in the petition conforms with the intent and purposes of this act.
(4) The lands within the proposed district or part thereof overlie an aquifer or aquifers subject to management.
(5) The map attached to the petition is substantially correct.
(6) The area of the district and existing and prospective uses of groundwater within the district are sufficient to support a groundwater management program.
(7) The public interest will be served by the creation of the proposed district.
(c) The chief engineer in his or her findings may make minor corrections with respect to the map and the corrections shall become a part of the petition and shall be deemed effective without a recirculation of the corrected petition.
(d) If the chief engineer approves the petition, he or she shall transmit a certified copy of his or her report to the secretary of state and to the chairman of the steering committee of the district.
History:
L. 1972, ch. 386, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1025 Same; election for approval of organization of district; secretary of state to issue certificate of incorporation, when; action to attack legality.

82a-1025.
Same; election for approval of organization of district; secretary of state to issue certificate of incorporation, when; action to attack legality.
(a) Within ten (10) days after receipt of a certified copy of the chief engineer's report approving the petition, or the petition as amended, the chairman of the steering committee shall call a meeting of the committee. The committee shall meet at the time and place fixed in the notice and shall provide by resolution for the calling of an election at which all eligible voters of the district shall be entitled to vote on the question of whether the district should be organized in accordance with the petition as approved by the chief engineer. The steering committee shall cause a notice of the election to be published once each week for three (3) consecutive weeks in a newspaper or newspapers of general circulation within the proposed district, the first publication to be not less than twenty-eight (28) days prior to such election. If the proposed district lies in more than one county, a similar notice shall be published in a newspaper of general circulation in each of the counties in which a part of the proposed district is located. The notice shall set forth when and where the election shall be held and the proposition to be voted on. It shall contain a copy of the petition as approved by the chief engineer (omitting the map attached as an exhibit) and shall be signed by the chairman and attested by the secretary of the steering committee. The steering committee shall conduct the election, canvass the vote, and certify the results to the secretary of state.
(b) If a majority of the votes cast are in favor of the organization and creation of the district, the secretary of state shall issue to the steering committee 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. Upon such recordation, the district shall be authorized to function in accordance with the provisions of this act.
(c) If a majority of those voting on the proposition vote against the organization and creation of the district, the secretary of state shall endorse that fact on the face of the petition and the proceedings shall be closed.
(d) No action attacking the legality of the incorporation of any groundwater management district organized under this act shall be maintained unless commenced within ninety (90) days after the issuance of the certificate of incorporation for a district by the secretary of state, and any alleged illegality of the incorporation of any district shall not be interposed as a defense to any action brought after that time.
History:
L. 1972, ch. 386, § 6; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1026 Annual meetings of eligible voters; organization meeting to elect initial board of directors.

82a-1026.
Annual meetings of eligible voters; organization meeting to elect initial board of directors.
(a) Within not more than ninety (90) days after the recording of the certificate of incorporation, a meeting open to all eligible voters of the district shall be held by the steering committee for the election of the initial board of directors of the district. A notice of the meeting shall be given by the steering committee at least ten (10) days prior to the date thereof by one publication in a newspaper of general circulation in each of the counties of which the groundwater management district is a part. Each eligible voter of the district shall be entitled to vote for as many candidates as the number of directors that are to be elected, but may not cast more than one vote for any one candidate. The candidates receiving the greatest number of votes cast shall respectively be declared elected.
(b) In not more than twelve (12) months after the initial meeting, and annually thereafter, a meeting shall be held for the election of directors whose terms expire, to report on the financial condition and activities of the district and to adopt a proposed budget covering the anticipated expenses of the district for the ensuing year.
(c) The number of directors of a district, or the date of the annual meeting, may be changed at any annual meeting if notice of the proposition or propositions is included in the notice of the annual meeting at which the changes are to be considered.
History:
L. 1972, ch. 386, § 7; L. 1978, ch. 436, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1027 Board of directors; terms of members; expenses; officers; quorum; vote for actions; filling vacancies.

82a-1027.
Board of directors; terms of members; expenses; officers; quorum; vote for actions; filling vacancies.
(a) All powers granted to a groundwater management district under the provisions of this act shall be exercised by an elected board of directors which shall be composed of the number of persons specified in the petition. Each director shall serve for a period of three (3) years and until his or her successor is duly elected and qualified, except that as nearly as possible one-third of the original directors shall serve for a term of one (1) year, one-third shall serve for a term of two (2) years, and one-third shall serve for a term of three (3) years. The directors shall serve without compensation but shall be allowed actual and necessary expenses incurred in the performance of their official duties.
(b) The board of directors, after being duly elected, shall elect from its number a president, a vice-president, a secretary, and a treasurer. In districts having only three (3) directors, the board shall elect one director to hold the offices of secretary and treasurer.
(c) A majority of the directors shall constitute a quorum for the transaction of business and a majority of those voting shall determine all actions taken by the board. In the absence of any of the duly elected officers, those directors present at any meeting may select a director to act as an officer pro tem.
(d) The elected board shall fill any vacancy occurring on the board prior to the expiration of the term of any director by selecting a replacement from among the eligible voters of the district to serve for the unexpired term.
History:
L. 1972, ch. 386, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1031 General improvement bonds; special assessment improvement bonds; combination improvement bonds; elections for approval of issuance of bonds.

82a-1031.
General improvement bonds; special assessment improvement bonds; combination improvement bonds; elections for approval of issuance of bonds.
(a) If the board by resolution provides that all or any part of the capital cost of works of improvement within the district is to be paid by the issuance of general improvement bonds of the entire district, it shall be the duty of the board to submit the question of approval of the bond issue to the eligible voters of the district. Notice of the time, place and purpose for which the election is to be held shall be given by one publication in a newspaper or newspapers of general distribution within the district at least twenty-eight (28) days prior to the date fixed for the election. Except as hereinbefore provided, the election shall be held and conducted by the board in the manner prescribed for conducting and holding the election for the organization of the district.
(b) If the board by resolution provides that all or any part of the capital cost of works of improvement is to be paid by the issuance of improvement bonds to be funded by special assessment against the lands specially benefited by a project, the board shall proceed to determine the particular lands within the district upon which special assessments are to be levied and it shall be the duty of the board to submit the question of approval of the bond issue to an election of the owners of those lands. Notice of the time and place and the purpose for which the election is to be held shall be given by one publication in a newspaper or newspapers of general circulation within the district at least twenty-eight (28) days prior to the date of the election. Except as hereinbefore provided, the election shall be held and conducted in the manner prescribed in subsection (a) of this section. If it is proposed to issue improvement bonds to be paid partially by the entire district and partially by lands specially benefited, it shall be the duty of the board of directors to submit each question for approval separately.
History:
L. 1972, ch. 386, § 12; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1033 Extension or reduction of district territory by chief engineer, upon petition; hearing; filing of order.

82a-1033.
Extension or reduction of district territory by chief engineer, upon petition; hearing; filing of order.
(a) The chief engineer shall have the power, upon proper petition being presented by the board for that purpose, to extend or reduce the territory of any groundwater management district organized and incorporated under the provisions of this act. The petition to extend or reduce the territory of any groundwater management district shall be addressed to the chief engineer and shall:
(1) Describe the territory to be annexed or removed by township, range and section numbers and fraction thereof and other platted areas as appropriate.
(2) Have a map attached thereto as an exhibit, and incorporated therein by reference, showing the district and the lands proposed to be annexed or removed.
(3) Show that the proposed extension or reduction of territory has been recommended by the district concerned by resolution duly adopted by its board.
(b) The chief engineer shall fix a time for a hearing upon the petition and the district shall give notice thereof for three (3) consecutive weeks in a newspaper or newspapers of general circulation within the district, the first publication to be at least twenty-eight (28) days before the day fixed for the hearing. The notice shall state the name and general location of the district and describe the lands proposed to be annexed or removed. It shall state that a hearing will be held on whether the petition of the district should be approved. It shall state the day, hour, and place of the hearing, which shall be at a suitable location, and that all persons may appear before the chief engineer at the hearing and be heard. If, after the hearing, the chief engineer finds that the area proposed to be annexed or removed meets other requirements as prescribed for the organization of a district, he or she shall approve the petition and fix the time when the annexation or reduction of territory shall become effective. A certified copy of his or her order approving the petition shall be sent to the board of directors and to the secretary of state. The board of directors shall file a copy of the order for record in the office of the register of deeds of each county in which the district, as modified, or any part thereof lies.
History:
L. 1972, ch. 386, § 14; July 1.