reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1410 Appeals to district court.

82a-1410.
Appeals to district court.
Any aggrieved party may appeal to the district court as provided by the Kansas judicial review act.
History:
L. 1974, ch. 321, § 10; L. 1984, ch. 313, § 152; L. 2010, ch. 17, § 219; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1412 Same; conduct of operations under permit under supervision of licensee.

82a-1412.
Same; conduct of operations under permit under supervision of licensee.
Operations under weather modification permits may be executed only by or under the immediate direction and supervision of a licensee or licensees.
History:
L. 1974, ch. 321, § 12; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1413 Same; permit fees.

82a-1413.
Same; permit fees.
The fee for each weather modification permit under this act or any renewal thereof shall be $100, except for applicants exempt under subsection (b) of K.S.A. 82a-1406, and amendments thereto. All fees shall be paid to the director, who shall remit all such moneys 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 general fund.
History:
L. 1974, ch. 321, § 13; L. 1995, ch. 138, § 9; L. 2001, ch. 5, § 480; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1414 Same; permit term; emergency.

82a-1414.
Same; permit term; emergency.
(a) A separate weather modification permit shall be required annually on a calendar year basis for each weather modification project or program.
(b) The director may grant a weather modification permit on an emergency basis without prior publication of any required notice in instances of fire, frost, hail, sleet, smog, fog, drought or other natural cause creating an emergency condition. In such situations, publication of notice shall be made as soon as possible but shall not be subject to the time limits specified elsewhere in this act.
History:
L. 1974, ch. 321, § 14; L. 1995, ch. 138, § 10; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1415 Weather modification; permit; revision, suspension or modification of terms and conditions; procedure; licensee to notify director of emergencies.

82a-1415.
Weather modification; permit; revision, suspension or modification of terms and conditions; procedure; licensee to notify director of emergencies.
(a) The director may revise, suspend, or modify the terms and conditions of a permit in accordance with the provisions of the Kansas administrative procedure act when necessary to protect the health, safety, or property of any person or to protect the environment.
(b) Upon ordering revision, suspension or modification under this section in an emergency administrative proceeding under the Kansas administrative procedure act, the director shall conduct a hearing on the question of permanently revising, suspending, or modifying the terms and conditions of the permit within 10 days after entry of the order.
(c) It shall be the responsibility of the licensee conducting any weather modification activity to notify the director of any emergency that the licensee could be expected to reasonably foresee, including any existing emergency that might be grounds for revision, suspension or modification under this section in an emergency administrative proceeding and that might in any way be caused or affected by weather modification activities. Failure by the licensee to so notify the director of any such existing emergency, or any impending emergency that the licensee should have reasonably foreseen, may be grounds for revocation of the permit and the operator's license.
History:
L. 1974, ch. 321, § 15; L. 1984, ch. 313, § 154; July 1, 1985.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1416 Same; compliance with permit terms and conditions.

82a-1416.
Same; compliance with permit terms and conditions.
When a weather modification permit has been issued, the licensee shall confine the licensee's weather modification activities within the limits of time and area specified in the permit, except to the extent that the limits are modified by the director. The licensee shall also comply with any terms and conditions of the permit as originally issued or as subsequently revised or modified by the director.
History:
L. 1974, ch. 321, § 16; L. 1995, ch. 138, § 11; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1417 Same; reports of activities; form and content.

82a-1417.
Same; reports of activities; form and content.
(a) Any person conducting weather modification activities in Kansas or operations that affect conditions within Kansas shall file reports at such time or times and in the manner and form as the director requires.
(b) The licensee shall file, on a form prescribed by the director, an annual report of the methods employed, the type of equipment used, the kind and amount of each material used, the times and places the equipment was operated, the name and address of each individual other than the licensee who participated or assisted in the activities, any environmental effects that have or are believed to have occurred and any other data that the director requires.
History:
L. 1974, ch. 321, § 17; L. 1995, ch. 138, § 12; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1418 Same; suspension, revocation or denial of permit.

82a-1418.
Same; suspension, revocation or denial of permit.
(a) The director shall suspend or revoke a permit, after proceedings in accordance with the Kansas administrative procedure act, upon finding that the licensee no longer meets the qualifications or conditions of the original permit or has violated any provision of this act.
(b) At the direction of the authority, the director may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any provision of this act.
History:
L. 1974, ch. 321, § 18; L. 1984, ch. 313, § 155; L. 1995, ch. 138, § 13; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1419 Same; suspension or revocation of license or permit; notice and hearing.

82a-1419.
Same; suspension or revocation of license or permit; notice and hearing.
(a) Except as provided in K.S.A. 82a-1415 relating to the director, the authority or the director shall not suspend or revoke a license or permit without first giving the licensee reasonable notice and a reasonable opportunity to be heard with respect to the ground for possible suspension or revocation.
(b) Hearings under this section shall be conducted by the authority or the director in the manner provided for in K.S.A. 82a-1409 and amendments thereto.
History:
L. 1974, ch. 321, § 19; L. 1995, ch. 138, § 14; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1420 Same; state and local officers immune from liability; issuance of permit not state endorsement.

82a-1420.
Same; state and local officers immune from liability; issuance of permit not state endorsement.
Officers and employees of the state or any department or agency thereof, and officers and employees of any county or municipality or other public agency of the state, shall be immune from liability resulting from any weather modification activity approved or conducted by them or under their authority under the provisions and limitations of this act. The issuance of a permit to conduct weather modification activities does not constitute state endorsement of any weather modification activities conducted with respect to that permit.
History:
L. 1974, ch. 321, § 20; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1421 Same; operation without license or permit; order to cease; enforcement.

82a-1421.
Same; operation without license or permit; order to cease; enforcement.
The director may order any person who is found to be conducting weather modification activity without a license and permit to cease and desist from said operation. Any such order shall be enforceable in any court of competent jurisdiction.
History:
L. 1974, ch. 321, § 21; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1422 Same; license or permit no defense in action for damages or injunctive relief.

82a-1422.
Same; license or permit no defense in action for damages or injunctive relief.
The fact that a person holds a license or a permit under this act, or that he or she has complied with all requirements established pursuant to this act, shall not be a defense in actions for damages or injunctive relief brought against him or her.
History:
L. 1974, ch. 321, § 22; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1423 Same; violations of act; misdemeanor.

82a-1423.
Same; violations of act; misdemeanor.
Any person conducting a weather modification activity without first having procured a required license and permit, or who shall knowingly make a false statement in an application for a license or permit, or who shall fail to file any report or reports as required by this act, or who shall conduct any weather modification activity after a revocation of his or her license or the denial, revocation, modification, or temporary suspension of his or her weather modification permit therefor, or who shall violate any other provisions of this act, shall be guilty of a class B misdemeanor. Each day that any such unauthorized weather modification activity is conducted shall constitute a separate offense.
History:
L. 1974, ch. 321, § 23; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1424 Severability of act.

82a-1424.
Severability of act.
If any word, phrase, sentence, or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History:
L. 1974, ch. 321, § 24; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1425 Weather modification programs; tax levy, use of proceeds; protest petition and election.

82a-1425.
Weather modification programs; tax levy, use of proceeds; protest petition and election.
(a) The board of county commissioners of any county may establish or participate in weather modification programs and, for the purpose of paying the costs thereof, may levy a tax of not to exceed two mills upon the assessed tangible valuation of property in the county and expend the revenues for weather modification purposes, except that counties having a population of more than 180,000 and not more than 220,000 and an assessed tangible valuation of more than $350,000,000 and not more than $365,000,000 shall be excluded. No such levy shall be made until: (1) A resolution authorizing the levy is adopted by the board of county commissioners and stating the specific purpose for which such levy is made, the amount of the proposed levy and the number of years that the levy will be made; and (2) such resolution has been published once each week for two consecutive weeks in the official county newspaper. There upon, the levy may be made unless a petition requesting an election upon the proposition of whether to make the levy is filed in accordance with this section. Such petition shall be signed by electors equal in number to not less than 5% of the qualified electors of the county and shall be filed in the office of the county election officer within 60 days following the last publication of the resolution. If a valid petition is filed, no levy shall be made until the levy is approved by a majority of the electors of the county voting at an election called and held thereon within 90 days after the last publication of the resolution or at the next general election, if held within 90 days. Notice of the election shall be given and the election shall be called and held in the manner provided for by the provisions of K.S.A. 10-120 and amendments thereto. Such tax levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to nor within the limitation upon the levy of taxes imposed by K.S.A. 79-5021 et seq., and amendments thereto.
(b) The board of county commissioners may expend any other funds of the county available for any such purpose and, in addition, receive and expend any and all funds which may be offered or become available for any such purpose.
History:
L. 1976, ch. 114, § 1; L. 1979, ch. 52, § 200; L. 1981, ch. 173, § 84; L. 1990, ch. 66, § 59; L. 1995, ch. 138, § 15; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 15 - Water Transfers › 82a-1501a Hearing panel; presiding officer appointed, when.

82a-1501a.
Hearing panel; presiding officer appointed, when.
(a) The water transfer hearing panel shall consist of the chief engineer, the director and the secretary. The chief engineer shall serve as chairperson of the panel. All actions of the panel shall be taken by a majority of the members. The panel shall have all powers necessary to implement the provisions of this act.
(b) The panel shall request a presiding officer from the office of administrative hearings to conduct a hearing in accordance with this act when: (1) An application for a water transfer is complete; or (2) the chief engineer, or the panel by a majority vote which includes the vote of the chief engineer, determines it to be in the best interest of the state to conduct a water transfer hearing on an application for a permit to appropriate water or an application for a change to an existing water right pursuant to the Kansas water appropriation act or on a proposed contract for the sale of water from the state's conservation storage water supply capacity, even though the appropriation or sale would not be a water transfer as defined by K.S.A. 82a-1501, and amendments thereto.
(c) The hearing officer shall be an independent person knowledgeable in water law, water issues and hearing procedures. The hearing officer shall be a presiding officer for the purposes of the Kansas administrative procedure act. Subject to approval by the panel, the hearing officer, on behalf of the state, may employ such personnel and contract for such services and facilities as necessary to carry out the hearing officer's duties under this act.
History:
L. 1993, ch. 219, § 2; L. 2004, ch. 145, § 46; July 1, 2005.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 15 - Water Transfers › 82a-1504 Order of presiding officer; review by panel, procedure; record of proceedings.

82a-1504.
Order of presiding officer; review by panel, procedure; record of proceedings.
(a) The presiding officer shall render an order either approving or disapproving the proposed water transfer. The presiding officer's order shall include findings of fact relating to each of the factors set forth in subsection (c) of K.S.A. 82a-1502, and amendments thereto. The presiding officer may order approval of a transfer of a smaller amount of water than requested upon such terms, conditions and limitations as the presiding officer deems necessary for the protection of the public interest of the state as a whole.
(b) An order of the presiding officer disapproving or approving a water transfer, in whole or in part, shall be deemed an initial order. The panel shall be deemed the agency head for the purpose of the Kansas administrative procedure act and shall review all initial orders of the presiding officer in accordance with the Kansas administrative procedure act. Review by the panel shall be in accordance with the standards provided by this act for the presiding officer's initial order and shall be based on the record of the hearing. The final order of the panel shall be entered not later than 90 days after entry of the presiding officer's initial order, except that the panel may extend the 90-day limit, but only with the written consent of all parties or for good cause shown.
(c) Any proceedings pursuant to this act and notice of such proceedings shall be in accordance with the provisions of the Kansas administrative procedure act except as specifically provided by this act.
(d) The record of any hearing or other proceeding held pursuant to this act shall be maintained and make [made] available for public examination in the office of the chief engineer.
History:
L. 1983, ch. 341, § 4; L. 1988, ch. 356, § 352; L. 1993, ch. 219, § 5; L. 2004, ch. 145, § 49; July 1, 2005.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 15 - Water Transfers › 82a-1505 Review and enforcement of panel action; precedence over other cases.

82a-1505.
Review and enforcement of panel action; precedence over other cases.
(a) Any action of the panel is subject to review in accordance with the Kansas judicial review act.
(b) The review proceedings shall have precedence in the district court. Appellate proceedings shall have precedence in the court of appeals and in the state supreme court under such terms and conditions as the supreme court may fix by rule.
History:
L. 1983, ch. 341, § 5; L. 1986, ch. 318, § 144; L. 1993, ch. 219, § 6; L. 2010, ch. 17, § 220; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 15 - Water Transfers › 82a-1506 Same; rules and regulations.

82a-1506.
Same; rules and regulations.
The chief engineer shall adopt all rules and regulations necessary to effectuate and administer the provisions of this act.
History:
L. 1983, ch. 341, § 6; May 12.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 15 - Water Transfers › 82a-1507 Title of act; application of other laws.

82a-1507.
Title of act; application of other laws.
(a) K.S.A. 82a-1501 through 82a-1506, K.S.A. 82a-1501a and this section shall be known and may be cited as the water transfer act.
(b) This act shall not be construed as to exempt the applicant from first complying with the provisions of: (1) Any applicable management program adopted by a groundwater management district pursuant to K.S.A. 82a-1020 and amendments thereto, if such management program (A) does not prohibit water transfers out of the district, (B) applies equally to water users both inside and outside the district and (C) does not have the effect of discriminating against users located outside the district; or (2) the Kansas water appropriation act or the state water plan storage act, whichever is applicable.
History:
L. 1993, ch. 219, § 7; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 15 - Water Transfers › 82a-1508 Severability.

82a-1508.
Severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History:
L. 1993, ch. 219, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 16 - Multipurpose Small Lakes Program › 82a-1601 Citation of act.

82a-1601.
Citation of act.
This act shall be known and may be cited as the "multipurpose small lakes program act."
History:
L. 1985, ch. 342, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 16 - Multipurpose Small Lakes Program › 82a-1602 Multipurpose small lakes program established; duties of division of conservation; rules and regulations.

82a-1602. Multipurpose small lakes program established; duties of division of conservation; rules and regulations.
In order to provide public water supply storage and water related recreational facilities in the state, there is hereby established a multipurpose small lakes program. The program shall be administered by the division. Except as otherwise provided by this act, the division, with the approval of the secretary, shall adopt all rules and regulations necessary to implement the provisions of this act.
History:
L. 1985, ch. 342, § 2; L. 2001, ch. 71, § 1; L. 2012, ch. 140, § 136; L. 2021, ch. 74, § 24; May 6.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 16 - Multipurpose Small Lakes Program › 82a-1604 State participation in class I multipurpose small lake project; general plan required; duties of water office; duties of sponsor; costs; sale of water rights.

82a-1604. State participation in class I multipurpose small lake project; general plan required; duties of water office; duties of sponsor; costs; sale of water rights.
(a) The state may participate with a sponsor in the development, construction or renovation of a class I multipurpose small lake project if the sponsor has a general plan which has been submitted to and approved by the chief engineer in the manner provided by K.S.A. 24-1213 and 24-1214, and amendments thereto. If the Kansas water office determines that additional public water supply storage shall be needed in that area of the state within 20 years from the time such project is to be completed and a water user is not available to finance public water supply storage, the state may include future use public water supply storage in the project. The Kansas water office shall apply for a water appropriation right sufficient to insure a dependable yield from the public water supply storage. The Kansas water office shall be exempt from all applicable fees imposed pursuant to K.S.A. 82a-701 et seq., and amendments thereto, for such applications. The Kansas water office shall have authority to adopt rules and regulations relative to the inclusion of public water supply storage in proposed projects under this act and the disposition of state-owned water rights and associated public water supply storage space in such projects.
(b) The sponsor of such class I project shall be responsible for acquiring land rights and for the costs of operation and maintenance of such project. The state may provide up to 50% of the engineering and construction costs and up to 50% of the costs of land rights associated with recreation features. Subject to the provisions of subsections (a) and (c), the state may pay up to 100% of the engineering and construction costs of flood control and public water supply storage. All other costs of such project, including land, construction, operation and maintenance shall be paid by the sponsor.
(c) The state shall not participate in the costs of public water supply storage in a renovation project unless the Kansas water office determines that renovation is the most cost effective alternative for such storage. The state shall be authorized to pay only up to 50% of the engineering and construction costs of public water supply storage in such a renovation project.
(d) The Kansas water office may recover the state's costs incurred in providing public water supply storage in such class I project, and interest on such costs, by selling such storage and the associated water rights. Interest on such costs shall be computed at a rate per annum equal to the average of the monthly net earnings rate for the pooled money investment portfolio for the preceding calendar year for each year of storage.
History:
L. 1985, ch. 342, § 4; L. 1991, ch. 290, § 5; L. 2001, ch. 71, § 3; L. 2015, ch. 60, § 6; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 16 - Multipurpose Small Lakes Program › 82a-1607 Application for participation in program; review and approval by division of conservation; appropriation of funds.

82a-1607. Application for participation in program; review and approval by division of conservation; appropriation of funds.
Sponsors shall apply to the division for participation in the multipurpose small lakes program. The review and approval process of the division shall be established by rules and regulations that shall be consistent with the state water plan. Following review, the division, with the approval of the secretary, shall request appropriations for specific projects from the legislature. Any funds appropriated to carry out the provisions of this act shall be administered by the division.
History:
L. 1985, ch. 342, § 7; L. 2012, ch. 140, § 138; L. 2021, ch. 74, § 26; May 6.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 16 - Multipurpose Small Lakes Program › 82a-1608 Local nonpoint source management plan required; water conservation plan.

82a-1608. Local nonpoint source management plan required; water conservation plan.
(a) If state financial participation is approved for a multipurpose small lake project, the Kansas department of agriculture division of conservation shall require a local nonpoint source management plan for the watersheds draining into the proposed lake. Such plan shall be submitted to and approved by the Kansas department of agriculture division of conservation before any state funds may be used for the proposed project.
(b) If public water supply storage is included in such a project, the sponsor shall have a water conservation plan which has been submitted to and approved by the chief engineer.
(c) Any funding provided by the state shall include money necessary to pay for cost-sharing expenses incurred for nonpoint source management pursuant to the plan required by subsection (a).
History:
L. 1985, ch. 342, § 8; L. 1991, ch. 290, § 8; L. 2012, ch. 140, § 139; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 16 - Multipurpose Small Lakes Program › 82a-1609 Cost-benefit analysis of alternatives required prior to request for appropriation; state agency and public review and comment; duties of division of conservation.

82a-1609. Cost-benefit analysis of alternatives required prior to request for appropriation; state agency and public review and comment; duties of division of conservation.
(a) Before the Kansas department of agriculture division of conservation requests any appropriation for any multipurpose small lake project, the chief engineer shall review the cost-benefit analysis of alternatives to the project and shall:
(1) Submit the general plan to the appropriate state environmental review agencies pursuant to K.S.A. 82a-325, 82a-326 and 82a-327, and amendments thereto, for review and comment as provided by those sections; and
(2) publish notice of the review in the Kansas register, make the general plan available to the public and receive public comments on the proposed project for a period of 30 days following publication of the notice.
(b) If, in the review, a reasonable, less expensive alternative to the proposed project is identified and the Kansas department of agriculture division of conservation nevertheless requests an appropriation for the proposed project, the division shall submit its reasons for proceeding with participation in the project, together with substantiating documentation, with the budget estimate and program statement for such project.
(c) This section shall be part of and supplemental to the multipurpose small lakes program act.
History:
L. 1991, ch. 290, § 9; L. 2012, ch. 140, § 140; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 17 - Water Development Projects › 82a-1701 Water development projects; definitions.

82a-1701.
Water development projects; definitions.
The words and phrases used in K.S.A. 82a-1702 to 82a-1704, inclusive, and amendments thereto shall have the meaning ascribed to such words and phrases by K.S.A. 82a-902 and amendments thereto.
History:
L. 1996, ch. 17, § 6; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 17 - Water Development Projects › 82a-1702 State financial assistance, conditions.

82a-1702. State financial assistance, conditions.
(a) The state shall provide financial assistance to certain public corporations for part of the costs or reimbursement of part of the costs of installation of water development projects that derive general benefits to the state as a whole or to a section thereof beyond the boundaries of such public corporation.
(b) (1) Any public corporation shall be eligible for state financial assistance for a part of the costs it becomes actually and legally obligated to pay for all lands, easements and rights-of-way for the water development projects in the event the Kansas department of agriculture division of conservation shall find that:
(A) Such public corporation has made application for approval of such financial assistance with the Kansas department of agriculture division of conservation in such form and manner as the Kansas department of agriculture division of conservation may require, which application each public corporation is hereby authorized to make;
(B) such works will confer general flood control benefits beyond the boundaries of such public corporation in excess of 20% of the total flood control benefits of the works;
(C) such works are consistent with the state water plan;
(D) such public corporation will need such financial assistance for actual expenditures within the fiscal year next following; and
(E) the legislature has appropriated funds for the payment of such sum.
(2) The payment authorized hereunder shall be limited to an amount equal to the total costs the public corporation shall become actually and legally obligated to spend for lands, easements and rights-of-way for such water resource development works, multiplied by the ratio that the flood control benefits conferred beyond the boundaries of the public corporation bear to the total flood control benefits of the project. Such findings shall each be made at and in such manner as is provided by procedural rules and regulations that shall be adopted by the Kansas department of agriculture division of conservation with the approval of the secretary.
(c) Any public corporation receiving financial assistance under this section shall apply those sums toward the satisfaction of the legal obligations for the specific lands, easements and rights-of-way for which it receives them or toward the reimbursement of those accounts from which those legal obligations were satisfied, in whole or in part, and it shall return to the state any sums that are not in fact so applied. In ascertaining costs of lands, easements and rights-of-way under this section, the Kansas department of agriculture division of conservation shall not consider any costs that relate to land treatment measures or any costs for which federal aid for construction costs is granted pursuant to the watershed protection and flood prevention acts or pursuant to any other federal acts.
History:
L. 1996, ch. 17, § 3; L. 2012, ch. 140, § 141; L. 2021, ch. 74, § 27; May 6.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 17 - Water Development Projects › 82a-1703 Same; application for financial assistance; division of conservation, duties.

82a-1703. Same; application for financial assistance; division of conservation, duties.
The governing body of each public corporation eligible for state financial assistance under the provisions of this act shall make application for state payment each year to the Kansas department of agriculture division of conservation in such form and manner as the Kansas department of agriculture division of conservation may prescribe by its rules and regulations. Each year the Kansas department of agriculture division of conservation shall determine what persons are eligible to receive financial assistance from the state, and the amounts thereof, pursuant to this act. In the event the Kansas department of agriculture division of conservation shall determine that any such application, including the amounts thereof, is proper and in compliance with this act and is supported by a resolution as provided in K.S.A. 82a-1704, and amendments thereto, the Kansas department of agriculture division of conservation may submit a request therefor as a part of its annual budget requests and estimates. Each such request shall be separately stated and identified. The budget item for each project shall contain the name of the project, the name of the public corporation to which the item relates, the county or counties in which such public corporation is located, the identification of the agreement or resolution supporting the request, and the amount of state payment requested therefor.
History:
L. 1996, ch. 17, § 4; L. 2012, ch. 140, § 142; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 17 - Water Development Projects › 82a-1704 Same; resolution of governing body seeking financial assistance.

82a-1704. Same; resolution of governing body seeking financial assistance.
In order that any public corporation eligible for state payments under the provisions of this act may receive payment from the state, the governing body of the public corporation shall adopt and transmit to the Kansas department of agriculture division of conservation an appropriate resolution requesting the Kansas department of agriculture division of conservation to approve payment to the requesting body of a sum or sums to be named within the limits of and for the purposes defined in this act. The resolution shall show the total cost allocated to the requesting body for providing the lands, easements, and rights-of-way for the works of improvement of the requesting body and shall pledge that all money received from the state under authority of this act will be applied solely to the purposes specified in this act.
History:
L. 1996, ch. 17, § 5; L. 2012, ch. 140, § 143; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 18 - Water Litigation › 82a-1802 Same; interstate water litigation fund.

82a-1802. Same; interstate water litigation fund.
(a) There is hereby established in the state treasury the interstate water litigation fund, to be administered by the attorney general.
(b) Revenue from the following sources shall be credited to the interstate water litigation fund:
(1) Amounts provided for by K.S.A. 82a-1801, and amendments thereto; and
(2) moneys received from any source by the state in the form of gifts, grants, reimbursements or appropriations for use for the purposes of the fund.
(c) From the moneys first credited to the interstate water litigation fund, persons or entities that contributed moneys to the court cost fund account of the office of the attorney general for use in the litigation described in subsection (b)(1) shall be reimbursed the amount contributed. The balance of moneys credited to the fund shall be expended only for the purpose of paying expenses incurred by the state in:
(1) Current or future litigation or preparation for future litigation with another state, the federal government or an Indian nation to resolve a dispute concerning water; or
(2) monitoring or enforcing compliance with the terms of an interstate water compact or a settlement, judgment or decree in past or future litigation to resolve a dispute with another state, the federal government or an Indian nation concerning water.
(d) Interest attributable to moneys in the interstate water litigation fund shall be credited to the state general fund as provided by K.S.A. 75-4210a, and amendments thereto.
(e) All expenditures from the interstate water litigation fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or a person designated by the attorney general.
History:
L. 1996, ch. 217, § 1; L. 2011, ch. 74, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 18 - Water Litigation › 82a-1803 Same; water conservation projects fund redesignated Arkansas river water conservation projects fund; source of funds; projects.

82a-1803. Same; water conservation projects fund redesignated Arkansas river water conservation projects fund; source of funds; projects.
(a) There is hereby established in the state treasury the water conservation projects fund, to be administered by the director of the Kansas water office. The water conservation projects fund is hereby redesignated as the Arkansas river water conservation projects fund.
(b) Revenue from the following sources shall be credited to the Arkansas river water conservation projects fund:
(1) Amounts provided for by K.S.A. 82a-1801, and amendments thereto; and
(2) moneys received from any source by the state in the form of gifts, grants, reimbursements or appropriations for use for the purposes of the fund.
(c) Moneys credited to the Arkansas river water conservation projects fund shall be expended only [for] conservation projects, utilization efficiency, administrative requirements and delivery projects, and similar types of projects, in those areas of the state lying in the upper Arkansas river basin and directly impacted by the provisions of the Arkansas river compact between this state and the state of Colorado.
(d) The types of projects that may be funded under subsection (a)(1) of K.S.A. 82a-1801, and amendments thereto, include:
(1) Efficiency improvements to canals or laterals owned by a ditch company or projects to improve the operational efficiency or management of such canals or laterals;
(2) water use efficiency devices, tailwater systems or irrigation system efficiency upgrades;
(3) water measurement flumes, meters, gauges, data collection platforms or related monitoring equipment;
(4) artificial recharge or purchase of water rights for stream recovery or aquifer restoration;
(5) maintenance of the Arkansas river channel; or
(6) monitoring and enforcement of Colorado's compliance with the Arkansas river compact.
Moneys credited to the fund may be expended to reimburse costs of projects described by this subsection that were required by the division of water resources and commenced on or after July 1, 1994.
History:
L. 1996, ch. 217, § 2; L. 2004, ch. 101, § 181; L. 2011, ch. 74, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 18 - Water Litigation › 82a-1805 Arkansas river water conservation projects fund; Republican river water conservation projects — Nebraska moneys fund; Republican river water conservation projects — Colorado moneys fund; expenditures; interest.

82a-1805. Arkansas river water conservation projects fund; Republican river water conservation projects — Nebraska moneys fund; Republican river water conservation projects — Colorado moneys fund; expenditures; interest.
(a) (1) Any person or entity may apply to the director of the Kansas water office for expenditure of moneys in the Arkansas river water conservation projects fund for the purposes set forth in paragraph (1) of subsection (a) of K.S.A. 82a-1801, and amendments thereto.
(2) Any person or entity may apply to the director of the Kansas water office for expenditure of moneys in the Republican river water conservation projects — Nebraska moneys fund and the Republican river water conservation projects — Colorado moneys fund for the purposes set forth in paragraphs (2) and (3) of subsection (a) of K.S.A. 82a-1801, and amendments thereto.
(b) The director of the Kansas water office and the chief engineer of the Kansas department of agriculture, division of water resources shall review and approve each proposed project for which moneys in either fund will be expended. In reviewing and approving proposed projects the director and the chief engineer shall give priority to: (1) Projects needed to achieve or maintain compliance with the Arkansas river compact or the Republican river compact; (2) projects that achieve greatest water conservation efficiency for the general good; and (3) projects that have been required by the division of water resources. Upon such review and approval, the director of the Kansas water office shall request the legislature to appropriate, as a line item, moneys from either fund to pay all or a portion of the costs for a specific project, except that any project which an aggregate of less than $10,000 will be expended from either fund shall not require a line item appropriation.
(c) Interest attributable to moneys in the Arkansas river water conservation projects fund, Republican river water conservation projects — Nebraska moneys fund and the Republican river water conservation projects — Colorado moneys fund shall be credited to the state general fund as provided by K.S.A. 75-4210a, and amendments thereto.
(d) All expenditures from the Arkansas river water conservation projects fund, Republican river water conservation projects — Nebraska moneys fund and the Republican river water conservation projects — Colorado moneys fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office or a designee of the director of the Kansas water office.
History:
L. 2008, ch. 40, § 2; L. 2011, ch. 74, § 6; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 19 - Administrative Matters › 82a-1901 Orders of chief engineer; review.

82a-1901. Orders of chief engineer; review.
(a) Orders of the chief engineer of the division of water resources of the department of agriculture pursuant to K.S.A. 82a-708b and 82a-711, and amendments thereto, and K.S.A. 82a-737 and 82a-770, and amendments thereto, and failure of the chief engineer to act pursuant to K.S.A. 82a-714, and amendments thereto, shall be subject, upon timely request within 15 days of service of the order pursuant to K.S.A. 77-531, and amendments thereto, or the chief engineer's failure to act timely pursuant to K.S.A. 82a-714, and amendments thereto, to an administrative hearing by a hearing officer designated according to subsection (b) and otherwise in accordance with the provisions of the Kansas administrative procedure act.
(b) The chief engineer shall provide an opportunity for a hearing to be conducted before the chief engineer or before a hearing officer appointed by the chief engineer. Such hearing officer shall not be a current employee of the department of agriculture, shall be licensed as an attorney in this state and shall be knowledgeable in the areas of water policies and administrative procedure. Such hearing officer, as directed by the chief engineer, shall either provide recommendations to the chief engineer for issuance of an initial order or issue an initial order.
(c) Orders of the chief engineer of the division of water resources of the department of agriculture issued pursuant to K.S.A. 42-703, 42-722, 42-722a, 82a-708b, 82a-711 and 82a-718, and amendments thereto, and K.S.A. 82a-737, 82a-770, 82a-1038 and 82a-1041, and amendments thereto, regardless of whether the order is deemed an initial order pursuant to K.S.A. 77-526, and amendments thereto, and failure of the chief engineer to act pursuant to K.S.A. 82a-714, and amendments thereto, and any order issued pursuant to subsection (b), shall be subject, upon timely request within 30 days of service of the order pursuant to K.S.A. 77-531, and amendments thereto, or the chief engineer's failure to act timely pursuant to K.S.A. 82a-714, and amendments thereto, to review by the secretary of agriculture pursuant to K.S.A. 77-527, and amendments thereto, and otherwise in accordance with the provisions of the Kansas administrative procedure act.
(d) Any final order of the department of agriculture issued pursuant to this section shall not be subject to reconsideration pursuant to K.S.A. 77-529, and amendments thereto.
(e) This act shall not affect any administrative proceeding pending before the chief engineer of the division of water resources of the department of agriculture, the secretary of agriculture or any administrative hearing officer on July 1, 2017, and such matter shall proceed as though no change in the law had been made with regard to such proceeding.
History:
L. 1999, ch. 130, § 10; L. 2004, ch. 145, § 50; L. 2010, ch. 17, § 221; L. 2013, ch. 111, § 9; L. 2017, ch. 23, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 19 - Administrative Matters › 82a-1903 Rules and regulations; adoption of certain measures as rules and regulations.

82a-1903.
Rules and regulations; adoption of certain measures as rules and regulations.
(a) (1) On or before November 15, 1999, the chief engineer of the division of water resources of the Kansas department of agriculture, in accordance with K.S.A. 77-420, and amendments thereto, shall submit to the secretary of administration and the attorney general proposed rules and regulations containing all current standards, statements of policy and general orders that: (A) Have been issued or adopted by the chief engineer; (B) are of general application and have the effect of law; and (C) are not contained in current rules and regulations adopted by the chief engineer.
(2) If any standard, statement of policy or general order described in subsection (a)(1) is not submitted as required by subsection (a), such standard, statement of policy or general order shall be void and of no effect after November 15, 1999, until adopted by rules and regulations.
(b) (1) On or before March 1, 2000, each groundwater management district shall submit to the chief engineer of the division of water resources of the Kansas department of agriculture recommended rules and regulations containing all current standards, statements of policy and general orders that: (A) Have been issued or adopted by such district; (B) are of general application within the district and have the effect of law; and (C) are not contained in current rules and regulations adopted by the chief engineer.
(2) If any standard, statement of policy or general order described in subsection (b)(1) is not submitted as required by that subsection, such standard, statement of policy or general order shall be void and of no effect after March 1, 2000, until adopted by rules and regulations.
(c) Any standard, policy or order of a groundwater management district which is within the authority of the chief engineer, other than an administrative standard or policy relating to management of the district, shall be void and of no effect after January 1, 2003, unless adopted by rules and regulations of the chief engineer as provided by subsection (o) of K.S.A. 82a-1028, and amendments thereto. Any standard, policy or order of a groundwater management district which is within the authority of another state agency, other than an administrative standard or policy relating to management of the district, shall be void and of no effect after January 1, 2004, unless adopted by rules and regulations of such agency as provided by subsection (p) of K.S.A. 82a-1028, and amendments thereto.
History:
L. 1999, ch. 130, § 12; L. 2002, ch. 137, § 7; L. 2004, ch. 101, § 182; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 19 - Administrative Matters › 82a-1904 Same; exemption from or waiver of rule and regulation.

82a-1904.
Same; exemption from or waiver of rule and regulation.
The chief engineer of the division of water resources of the Kansas department of agriculture, for good cause shown, may grant an exemption from or waiver of a rule and regulation adopted by the chief engineer if the chief engineer determines that the exemption or waiver will not prejudicially or unreasonably affect the public interest and will not impair any existing water right. The exemption or waiver shall be in writing and shall include the reason for the exemption or waiver.
History:
L. 1999, ch. 130, § 13; L. 2004, ch. 101, § 183; July 1.