reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1035 Payment of expenses of defeated proposed district organization.

82a-1035.
Payment of expenses of defeated proposed district organization.
If the organization of a proposed district is defeated at the election or if the petition is disapproved by the secretary of state or the chief engineer, the steering committee named in the petition shall continue to function in a limited capacity for the purposes set out below. The steering committee shall determine the amount of money necessary to pay all of the costs and expenses incurred in the preparation and filing of the petition and in the conduct of the election and shall themselves assume the obligation for the first two hundred dollars ($200) of the costs. If the cost is more than that amount they shall certify a statement of the amount to the county clerk of each county in which the proposed district was to be located. The county clerks shall ascertain the total assessed valuation of all taxable tangible property in their respective counties within the proposed district and certify this amount to the county clerk of the county in which the chairman of the steering committee of the proposed district resides. The county clerk shall determine the levy necessary to be assessed against the taxable tangible property in the entire proposed district in order to raise funds sufficient to pay the amount set forth in the statement and shall certify the levy to the county clerks of the other counties in which a portion of the proposed district is located. Each of the county clerks shall then cause the levy to be made against the taxable tangible property lying within the boundaries of the proposed district within his or her county. The county treasurers of the respective counties involved shall remit the funds raised by the levy in their counties to the county treasurer of the county in which the chairman of the steering committee resides, who shall hold the funds and shall honor warrants drawn upon the funds by the chairman of the steering committee and countersigned by the secretary of the steering committee in payment of the costs and expenses incurred in the proposed organization of the district and shown on the statement of expenses.
History:
L. 1972, ch. 386, § 16; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1036 Initiation of proceedings for designation of intensive groundwater use control areas; duties of chief engineer; findings.

82a-1036.
Initiation of proceedings for designation of intensive groundwater use control areas; duties of chief engineer; findings.
Whenever a groundwater management district recommends the same or whenever a petition signed by not less than three hundred (300) or by not less than five percent (5%) of the eligible voters of a groundwater management district, whichever is less, is submitted to the chief engineer, the chief engineer shall initiate, as soon as practicable thereafter, proceedings for the designation of a specifically defined area within such district as an intensive groundwater use control area. The chief engineer upon his or her own investigation may initiate such proceedings whenever said chief engineer has reason to believe that any one or more of the following conditions exist in a groundwater use area which is located outside the boundaries of an existing groundwater management district: (a) Groundwater levels in the area in question are declining or have declined excessively; or (b) the rate of withdrawal of groundwater within the area in question equals or exceeds the rate of recharge in such area; or (c) preventable waste of water is occurring or may occur within the area in question; (d) unreasonable deterioration of the quality of water is occurring or may occur within the area in question; or (e) other conditions exist within the area in question which require regulation in the public interest.
History:
L. 1978, ch. 437, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1037 Same; hearings.

82a-1037.
Same; hearings.
In any case where proceedings for the designation of an intensive groundwater use control area are initiated, the chief engineer shall hold and conduct a public hearing on the question of designating such an area as an intensive groundwater use control area. Written notice of the hearing shall be given to every person holding a water right in the area in question and notice of the hearing shall be given by one publication in a newspaper or newspapers of general circulation within the area in question at least thirty (30) days prior to the date set for such hearing. The notice shall state the question and shall denote the time and place of the hearing. At the hearing, documentary and oral evidence shall be taken, and a full and complete record of the same shall be kept.
History:
L. 1978, ch. 437, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1039 No limitation of authority of chief engineer.

82a-1039.
No limitation of authority of chief engineer.
Nothing in this act shall be construed as limiting or affecting any duty or power of the chief engineer granted pursuant to the Kansas water appropriation act.
History:
L. 1978, ch. 437, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1040 Act supplemental to K.S.A. 82a-1020 through 82a-1035.

82a-1040.
Act supplemental to K.S.A. 82a-1020 through 82a-1035.
The provisions of K.S.A. 82a-1036 to 82a-1039, inclusive, of this act shall be part of and supplemental to the provisions of K.S.A. 82a-1020 to 82a-1035, inclusive, and acts amendatory thereof or supplemental thereto.
History:
L. 1978, ch. 437, § 6; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1042 Groundwater management program; impact of proposed rules and regulations.

82a-1042. Groundwater management program; impact of proposed rules and regulations.
To further implement the provisions of the groundwater management district act, if the secretary of agriculture or the chief engineer of the division of water resources of the Kansas department of agriculture propose rules and regulations that may change an adopted local groundwater management program or impact water use in a groundwater management district, the secretary or chief engineer shall notify the groundwater management district board of directors of such requested management program change or proposed rules and regulations and provide a copy of such requested management program change or proposed rules and regulations to the board. Upon such notice, the board of directors shall prepare a response of intended board actions. The board of directors shall follow the provisions of K.S.A. 82a-1029, and amendments thereto, for revising active groundwater management programs.
History:
L. 2016, ch. 71, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1043 Annual report to the legislature.

82a-1043. Annual report to the legislature.
(a) Not later than January 25 of each year, the board of each district shall submit to the house of representatives standing committee on water, the house of representatives standing committee on agriculture and natural resources, the senate standing committee on agriculture and natural resources and any other appropriate committees, and any successor committees, a written report on the budget, finances and activities of the district. A representative of the board shall appear before the committee upon request.
(b) The annual report shall include, but not be limited to:
(1) An itemized list of all income and the source from which the income was received, including any grants and interest income earned;
(2) an itemized list of all expenditures by the board;
(3) an accounting of all assets currently held by the board;
(4) the most recent approved audit prepared in accordance with K.S.A. 75-1120a, and amendments thereto;
(5) the budget adopted for the current year pursuant to K.S.A. 82a-1026, and amendments thereto;
(6) a detailed description of the activities of the district; and
(7) a detailed statement that explains how the expenditures by the board served to further the conservation and reduced consumptive use of groundwater, the prevention of economic deterioration and the stabilization of agriculture or otherwise supported implementation of the district's management program.
(c) Beginning in January 2025, the report shall summarize the action plans and activities undertaken pursuant to K.S.A. 82a-1044, and amendments thereto.
(d) Each year, each district shall publish the annual written report required by subsection (a) on the district's website.
(e) This section shall be a part of and supplemental to article 10 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2023, ch. 56, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 10 - Groundwater Management Districts › 82a-1045 Prohibition against board member farming land owned, purchased or acquired by a district; exception when request for proposal for farming such land has been issued.

82a-1045. Prohibition against board member farming land owned, purchased or acquired by a district; exception when request for proposal for farming such land has been issued.
(a) If a district owns, purchases or otherwise acquires land, no member of the board of such district shall farm such land for profit unless the board issues a request for proposal for farming such land.
(b) This section shall be a part of and supplemental to article 10 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2023, ch. 56, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 11 - Bank Stabilization Projects › 82a-1101 Bank stabilization; water resources board designated as state agency; projects involving more than one political subdivision; approval and inclusion in state water plan; cooperation with federal agencies.

82a-1101.
Bank stabilization; water resources board designated as state agency; projects involving more than one political subdivision; approval and inclusion in state water plan; cooperation with federal agencies.
The state water resources board established pursuant to K.S.A. 1977 Supp. 74-2605 et seq., is hereby designated as the state agency for bank stabilization projects. From and after the effective date of this act, all bank stabilization projects which involve more than one political subdivision of the state, shall receive approval of the state board and be included in the state water plan before work shall commence thereon, but this provision shall not affect any project which has been approved or on which work was commenced prior thereto. The designated state agency shall cooperate with federal agencies on any projects initiated and shall aid in initiation of projects it shall approve.
History:
L. 1969, ch. 483, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 11 - Bank Stabilization Projects › 82a-1102 Same; state participation only if federal funds available; approval of projects, basis.

82a-1102.
Same; state participation only if federal funds available; approval of projects, basis.
The state shall not participate in any project unless it shall first be determined that federal funds will be available, and unless appropriations are available therefor. Any procedure established for approval of projects should emphasize local responsibility and each project shall be handled on a separate basis with approval or disapproval after considering the merits of the individual project.
History:
L. 1969, ch. 483, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 11 - Bank Stabilization Projects › 82a-1103 Authority of water resources board; administrative costs.

82a-1103.
Authority of water resources board; administrative costs.
The state water resources board shall be responsible for administrative costs incurred in connection with applications for approval of bank stabilization projects, and shall have authority to plan, contract, acquire land and easements, apportion costs and provide assurances that project operation and maintenance funds will be available, but not obligate the state of Kansas, in any case, beyond available appropriations made therefor by the legislature.
History:
L. 1969, ch. 483, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1202 Declaration of purpose.

82a-1202.
Declaration of purpose.
It is the purpose of this act to provide for the exploration and protection of groundwater through the licensing and regulation of water well contractors in Kansas to protect the health and general welfare of the citizens of this state; to protect groundwater resources from waste and potential pollution by requiring proper description of the location, drilling and well construction, and proper plugging of abandoned water wells and test holes; and to provide data on potential water supplies through well logs, well pumping tests and water quality tests which will permit the economic and efficient utilization and management of the water resources of this state.
In order to achieve these objectives, this act requires licensing of water well contractors; provides for the establishment of standards for well construction, reconstruction, treatment and plugging; requires each licensed water well contractor to keep and transmit to the state, upon request, a copy of the log of the well, pump test data if available, and water quality samples; and maintains within the state geological survey of Kansas a record system of well logs and water quality data which will be available to the public.
History:
L. 1973, ch. 417, § 2; L. 1979, ch. 334, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1203 Definitions.

82a-1203.
Definitions.
As used in this act, unless the context otherwise requires:
(a) "Construction of water wells" means all acts necessary to obtaining groundwater by any method for any use including, without limitation, the location of and excavation for the well.
(b) "Person" means any individual, association, firm, partnership, corporation or governmental entity.
(c) "Sand point" or "well point" means any driven well which is 25 feet or less in depth and is constructed by manually driving into the ground a drive point fitted to the lower end of tightly connected sections of pipe that are 2 inches or less in diameter.
(d) "Domestic uses" means the use of water by any person, family unit or household for household purposes, the watering of livestock, poultry, farm and domestic animals used in operating a farm or the irrigation of lands not exceeding a total of two acres in area for the growing of gardens, orchards or lawns.
(e) "Secretary" means the secretary of health and environment.
(f) "Water well" means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed, when the intended use of such excavation is for the location, diversion, artificial recharge or acquisition of groundwater.
(g) "Water well contractor" or "contractor" means any person who constructs, reconstructs or treats a water well. The term shall not include:
(1) An individual while in the act of constructing a water well on land which is owned by such individual and is used by such individual for domestic purposes at such individual's place of abode, but only when the well is constructed in compliance with prescribed minimum well standards as provided in this act; or
(2) an individual who performs labor or services for a licensed water well contractor at such contractor's direction and under such contractor's supervision.
History:
L. 1973, ch. 417, § 3; L. 1974, ch. 352, § 172; L. 1989, ch. 311, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1205 Administration and enforcement of Kansas groundwater exploration and protection act; license fees; licenses; inspection; personnel; report.

82a-1205.
Administration and enforcement of Kansas groundwater exploration and protection act; license fees; licenses; inspection; personnel; report.
(a) The secretary shall be responsible for the administration and enforcement of the provisions of this act and any rules and regulations adopted pursuant thereto.
(b) The secretary shall fix by rules and regulations reasonable license fees annually for each contractor and for each drill rig operated by or for such contractor. The secretary shall fix by rules and regulations an additional fee for each water well drilled except as provided in paragraphs (1) and (2) of subsection (c) of K.S.A. 82a-1203 and amendments thereto. Such fees shall be in an amount, which, together with any other funds available therefor, will produce an amount, which will properly administer the provisions of this act. Any nonresident may secure a water well contractor's license in Kansas upon approval of an application therefor by the secretary and the payment of a fee equal to the fee charged for a similar nonresident license by the state in which the applicant is a resident, but in no case shall the fee be less than that charged a Kansas resident.
(c) The secretary shall have the power and authority and may cause to be inspected water wells in all phases of construction, reconstruction, treatment or plugging, and shall have access to such wells at all reasonable times. The secretary shall have general supervision and authority over the construction, reconstruction and treatment of all water wells and the plugging of holes drilled and abandoned in search of a groundwater supply or hydrogeological information.
(d) The secretary may employ within funds available such engineering, geological, legal, clerical and other personnel as may be necessary for the proper performance of responsibilities under this act. Such employees shall be within the classified service under the Kansas civil service act.
(e) The secretary is authorized and directed to cause examination to be made of applicants for licensing; to renew such licenses; to adopt rules and regulations necessary to establish continuing educational requirements for persons licensed under this act; to issue licenses to qualified water well contractors in this state; to revoke or suspend licenses after their issuance is hereafter determined, after notice to the person affected and an opportunity for hearing; and to reinstate licenses previously revoked when justification therefor is shown.
(f) The secretary shall prepare, in the form and manner prescribed by law, a report on the administration of this act.
History:
L. 1973, ch. 417, § 5; L. 1974, ch. 352, § 173; L. 1979, ch. 334, § 2; L. 1983, ch. 286, § 8; L. 1991, ch. 293, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1206 Licensure of water well contractors; application fee; disposition of moneys; water well contractors licensing fund abolished; standards for granting license.

82a-1206.
Licensure of water well contractors; application fee; disposition of moneys; water well contractors licensing fund abolished; standards for granting license.
(a) Every well contractor desiring to engage in the business of constructing, reconstructing or treating water wells in this state shall make initial application for a license to the secretary. Every contractor making such application shall set out such information as may be required upon forms to be adopted and furnished by the secretary. The secretary shall charge an application fee as established by rules and regulations for the filing of such initial application by a contractor, and the secretary shall not act upon any application until such application fee has been paid.
(b) All application fees and license fees collected hereunder 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 general fund. On July 1, 1983, the director of accounts and reports shall transfer all moneys in the water well contractors licensing fund to the state general fund. All liabilities of the water well contractors licensing fund are hereby transferred to and imposed upon the state general fund. The water well contractors licensing fund is hereby abolished.
(c) A license to construct water wells shall be issued to any applicant if, under the standards set forth in K.S.A. 82a-1207, and amendments thereto, the secretary shall determine such applicant is qualified to conduct water well construction operations. In the granting of such licenses due regard shall be given to the interest of the state of Kansas in the protection of its underground water resources. Application fees paid hereunder shall be retained by the secretary whether such initial license is issued or denied, but if denied, the license fee shall be refunded.
(d) Applicants for licenses hereunder who are engaged in business as water well contractors in this state, if incorporated, shall submit evidence of current good standing with the registration requirements for corporations of the secretary of state.
History:
L. 1973, ch. 417, § 6; L. 1974, ch. 352, § 174; L. 1979, ch. 334, § 3; L. 1983, ch. 286, § 14; L. 2001, ch. 5, § 474; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1207 Investigation of qualifications; examination.

82a-1207.
Investigation of qualifications; examination.
Under such reasonable rules and regulations as the secretary may adopt pertaining to the business of water well contracting and construction of water wells, the secretary shall investigate by examination or otherwise, the qualifications of all applicants for initial licenses as water well contractors to construct, reconstruct or treat wells for production of underground waters in this state. Where an examination is required, such examination may be oral or written or both. The qualifications required of each candidate for such an examination are as follows:
(a) Familiarity with Kansas water laws, sanitary standards for water well drilling and construction of water wells and rules and regulations relating to water well construction, reconstruction, treatment and plugging as adopted by the secretary;
(b) Knowledge of groundwater and subsurface geology in its relation to well construction.
The examinations conducted by the secretary shall be held at such times and places as he may determine. Failure of an applicant to pass such examination shall disqualify him from making further application for a period of one (1) month. The secretary shall act within a reasonable time upon all applications for licenses hereunder.
History:
L. 1973, ch. 417, § 7; L. 1974, ch. 352, § 175; L. 1979, ch. 334, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1209 Term of licenses; renewal; fees; revocation, when.

82a-1209.
Term of licenses; renewal; fees; revocation, when.
The term of all licenses issued under the provisions of this act shall be July 1 of each year through the following June 30.
Any contractor licensed under the provisions of this act may, on or before July 1, each year, renew such license by paying the annual fee as determined by the secretary and complying with continuing education requirements established by the secretary. If the licensee has not met the requirements for renewal of the license on or before July 1, the license shall be revoked by the secretary. Prior to such revocation, however, the secretary shall notify the applicant of the secretary's intention to revoke at least 10 days prior to the time set for action to be taken, by notice to the applicant at the address appearing on such license in the records and files of the secretary and compliance with the provisions of the Kansas administrative procedure act. A license, once revoked, may not be reinstated unless the revocation resulted because of an error of the secretary or other reason not the fault of the licensee. A person whose license has been revoked and who desires to continue to engage in the business of water well construction in this state, must make application as provided for in K.S.A. 82a-1207, and amendments thereto. Such applicant may be required to retake the examination.
History:
L. 1973, ch. 417, § 9; L. 1974, ch. 352, § 177; L. 1979, ch. 334, § 5; L. 1984, ch. 313, § 147; L. 1991, ch. 293, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1210 Revocation of license, when; complaints against licensee; notice and hearing.

82a-1210.
Revocation of license, when; complaints against licensee; notice and hearing.
Any license issued under this act may be revoked by the secretary (1) when the licensee has practiced fraud or deceit in obtaining a license or otherwise engaging in activities regulated by this act; (2) for negligence or incompetence; or (3) for violating any requirement of this act. Any person, in addition to the secretary, may make complaint against any licensee. Notice shall be given to the licensee of the specific charges, in accordance with the notice provisions of the Kansas administrative procedure act. Prior to revocation or suspension of a license, the water well contractor shall be afforded the opportunity promptly to bring the well up to standard or to correct the error resulting in the complaint. Compliance must be acceptable to the secretary. The secretary shall not revoke any license pursuant to this section without giving the licensee an opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1973, ch. 417, § 10; L. 1974, ch. 352, § 178; L. 1979, ch. 334, § 6; L. 1984, ch. 313, § 148; July 1, 1985.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1211 Appeal from decisions of secretary.

82a-1211.
Appeal from decisions of secretary.
Appeals from decisions of the secretary may be taken in accordance with the provisions of the Kansas judicial review act.
History:
L. 1973, ch. 417, § 11; L. 1974, ch. 352, § 179; L. 1984, ch. 313, § 149; L. 2010, ch. 17, § 215; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1212 Log of drilling, boring or digging; contents; filed with state geological survey.

82a-1212.
Log of drilling, boring or digging; contents; filed with state geological survey.
Any water well contractor licensed under this act who constructs, reconstructs or plugs a water well shall keep a careful and accurate log of the construction, reconstruction or plugging of such well and shall furnish a record of said well log to the secretary within thirty (30) days after completion of such well in such form as the secretary might require. The log shall show:
(a) The name and address of the landowner and the legal description of the location of the well;
(b) The character and depth of the formation passed through or encountered;
(c) The depth at which water is encountered;
(d) The static water level of the completed well;
(e) A copy of the record of pumping tests, if any; and
(f) The construction or reconstruction details of the completed water well including lengths and sizes of casing, length and size of perforations or screens, and length and size of gravel packing; [and]
(g) The amount, type and placement of plug materials used in plugging a water well.
A water sample shall be furnished to the secretary, upon request, within thirty (30) days after completion of such well unless an extension of time is granted by the secretary, in which case, the sample shall be furnished to the secretary within such extended period of time. The well logs and a copy of the water quality analysis shall be transmitted by the secretary to the state geological survey and kept on file by the survey and be available to the public.
History:
L. 1973, ch. 417, § 12; L. 1974, ch. 352, § 180; L. 1979, ch. 334, § 7; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1213 Abandoned holes; plugging; failure to properly seal.

82a-1213.
Abandoned holes; plugging; failure to properly seal.
All holes drilled in search of a water supply and abandoned, shall be properly plugged by the drilling contractor in accordance with rules and regulations established by the secretary in order to assure adequate and proper plugging of abandoned wells to prevent pollution of existing groundwater. Any contractor who fails to properly seal any exploratory wells drilled in search of a water supply and abandoned by him or her shall be subject to the penalties set out in this act. All unplugged abandoned water wells shall be plugged or caused to be plugged by the landowner in accordance with rules and regulations established by the secretary in order to assure adequate and proper plugging of abandoned water wells to prevent pollution to existing groundwater supplies, except that no unplugged abandoned water well existing on the effective date of this act which is not polluting or threatening to pollute a groundwater supply shall be required to be plugged.
History:
L. 1973, ch. 417, § 13; L. 1974, ch. 352, § 181; L. 1979, ch. 334, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1214 Penalty for violations of act; enforcement of act.

82a-1214.
Penalty for violations of act; enforcement of act.
Any person who shall willfully violate any lawful rule or regulation of the secretary relating to water well contracting, or who shall engage in the business of constructing, reconstructing or treating water wells without first having obtained a license as in this act required, or who shall knowingly violate any provisions of this act, shall be guilty of a class B misdemeanor and subject to the penalties therefor as provided by law. In addition the secretary of health and environment is hereby authorized to apply to the district court for enforcement of this act or rules and regulations adopted under this act in accordance with the provisions of the Kansas judicial review act.
History:
L. 1973, ch. 417, § 14; L. 1974, ch. 352, § 182; L. 1979, ch. 335, § 1; L. 1984, ch. 313, § 150; L. 2010, ch. 17, § 216; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1215 Severability.

82a-1215.
Severability.
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. 1973, ch. 417, § 15; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1216 Civil penalties and orders; appeals; disposition of penalties.

82a-1216.
Civil penalties and orders; appeals; disposition of penalties.
(a) Any person who violates any provision of the Kansas groundwater exploration and protection act, any rules and regulations adopted thereunder or any order issued by the secretary thereunder shall incur in addition to other penalties provided by law, a civil penalty not to exceed $5,000 for each violation. In the case of a continuing violation every day such violation continues shall be deemed a separate violation.
(b) The secretary of the department of health and environment or the director of the division of environment, if designated by the secretary, upon a finding that a person has violated any provision of the Kansas groundwater exploration and protection act, or any order issued or rule and regulation adopted thereunder, may: (1) Issue a written order requiring that necessary remedial or preventive action be taken within a reasonable time period; (2) assess a civil penalty for each violation within the limits provided in this section which shall constitute an actual and substantial economic deterrent to the violation for which assessed; or (3) both issue such order and assess such penalty. The order shall specify the provisions of the act or rules and regulations alleged to be violated and the facts constituting each violation. Such order shall include the right to a hearing. Any such order shall become final unless, within 15 days after service of the order, the person named therein shall request in writing a hearing by the secretary. If a hearing is requested, the secretary shall notify the alleged violator or violators of the date, place and time of the hearing.
(c) No civil penalty shall be imposed under this section except after notification by issuance and service of the written order and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.
(d) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(e) Any penalty recovered pursuant to the provisions of this section 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 general fund.
(f) Nothing in this act shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor.
History:
L. 1989, ch. 311, § 2; L. 2001, ch. 5, § 475; L. 2010, ch. 17, § 217; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1217 Restraining orders and injunctions; proof required.

82a-1217.
Restraining orders and injunctions; proof required.
(a) Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any person to restrain or prevent any violation of the provisions of the Kansas groundwater exploration and protection act or of any rules and regulations adopted thereunder.
(b) In any civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction or permanent injunction is sought, it shall be sufficient to show that a violation of the provisions of this act or the rules and regulations adopted thereunder has occurred or is imminent. It shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued or that the remedy at law is inadequate.
History:
L. 1989, ch. 311, § 3; L. 2010, ch. 17, § 218; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1218 Application of penalties to sand and well point wells, exception.

82a-1218.
Application of penalties to sand and well point wells, exception.
(a) The provisions of K.S.A. 82a-1216 and 82a-1217 shall not apply with respect to any sand point or well point which is used for domestic purposes, or the reconstruction, replacement or treatment thereof, and which has not been abandoned, until the secretary adopts minimum standards for the construction, reconstruction, treatment and plugging of sand points or well points, except that a temporary restraining order, preliminary injunction or permanent injunction may be obtained pursuant to K.S.A. 82a-1217 if a health hazard is shown to exist or to be imminent.
History:
L. 1989, ch. 311, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 12 - Groundwater Exploration And Protection › 82a-1219 Act supplemental to Kansas groundwater exploration and protection act.

82a-1219.
Act supplemental to Kansas groundwater exploration and protection act.
K.S.A. 82a-1216, 82a-1217 and 82a-1218 shall be part of and supplemental to the Kansas groundwater exploration and protection act.
History:
L. 1989, ch. 311, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1301 State water plan storage act; definitions.

82a-1301.
State water plan storage act; definitions.
As used in this act, unless the context otherwise requires:
(a) "Director" means the director of the Kansas water office.
(b) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.
(c) "Authority" means the Kansas water authority.
(d) "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.
(e) "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.
(f) "Federal government" means the United States of America or any department or agency thereof.
(g) "Point of diversion for a reservoir" means the point where the longitudinal axis of the dam of a reservoir crosses the center of the streambed.
(h) "Point of rediversion" means the point where released water is taken for beneficial use from the watercourse by which it is transported.
(i) "Point of withdrawal from the reservoir" means the point at which water is taken from the reservoir by pump, siphon, canal or any other device or released through a dam by gates, conduits or any other means.
(j) "Capital cost" means all costs, including the principal and interest thereon, incurred by the state in the construction or acquisition of conservation storage water supply capacity in the reservoir system from which water may be contracted for sale.
(k) "Surplus waters" means waters within the conservation storage water supply capacity committed to the state, but not required to meet contractual requirements made pursuant to K.S.A. 82a-1305, and amendments thereto.
History:
L. 1974, ch. 452, § 1; L. 1976, ch. 441, § 1; L. 1983, ch. 343, § 1; L. 1984, ch. 382, § 1; L. 1986, ch. 396, § 2; L. 2004, ch. 101, § 150; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1302 Same; waters subject to act.

82a-1302.
Same; waters subject to act.
Notwithstanding any other provision in the statutes of this state, waters in conservation storage water supply capacity in any reservoir on the effective date of this act on which the state has given a commitment are hereby recognized as waters belonging to the state subject to the provisions of this act.
History:
L. 1974, ch. 452, § 2; L. 1986, ch. 396, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1303 Same; state "water reservation rights"; acquisition by board; rights authorized to be acquired.

82a-1303.
Same; state "water reservation rights"; acquisition by board; rights authorized to be acquired.
(a) Notwithstanding any other provisions in the statutes of this state, the director, in the manner provided in K.S.A. 82a-1304, and amendments thereto, shall be authorized, subject to approval of the authority, to acquire on behalf of the state a water reservation right to divert and store the waters of all streams flowing into the conservation storage water supply capacity or into the conservation storage water quality capacity of any reservoirs in which the state controls storage space whether under contracts with the federal government or otherwise. A water reservation right for waters flowing into the conservation storage water supply capacity shall be in an amount sufficient to insure a yield of water from the reservoir for beneficial use through a drought having a 2% chance of occurrence in any one year with the reservoir in operation. A water reservation right for waters flowing into the conservation storage water quality capacity shall be in an annual amount equal to the volume of the conservation storage water quality capacity, as agreed upon by the director of the Kansas water office and the chief engineer. The rights of the state under this section and those which are acquired under K.S.A. 82a-1304, and amendments thereto, shall be subject to all vested rights, appropriation rights, applications filed for permits to appropriate water and other vested property interests acquired prior to the state's acquisition, but not to those acquired thereafter. The chief engineer shall provide as a condition to a water reservation right acquired under K.S.A. 82a-1304, and amendments thereto, for waters flowing into the conservation storage water quality capacity in any reservoir that the state may divert and store inflows under such right only at times when the inflows exceed certain threshold levels, to be agreed upon jointly by the chief engineer and the director of the Kansas water office.
(b) Whenever the authority shall determine that it is in the public interest to acquire, reserve or purchase water located in another state for this state's conservation storage water supply capacity, it shall authorize the director to enter into contract negotiations to acquire, reserve or purchase such water. Any such contract shall be subject to final approval of the authority.
History:
L. 1974, ch. 452, § 3; L. 1983, ch. 343, § 2; L. 1986, ch. 394, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1304 Same; "water reservation rights"; procedure for acquiring; notice, content; acceptance; filing, perfection of rights.

82a-1304.
Same; "water reservation rights"; procedure for acquiring; notice, content; acceptance; filing, perfection of rights.
The director, on behalf of the state, shall acquire a water reservation right by filing with the chief engineer a written notice which shall include the following:
(a) The name of the stream on which the reservoir is located;
(b) the reservoir on which a water reservation right is sought;
(c) the legal description of the point of diversion for the reservoir;
(d) the storage space in the reservoir for supply or for water quality described in terms of elevation and design capacity;
(e) for a water reservation right for waters flowing into the conservation storage water supply capacity of any reservoir, hydrologic calculations for a drought having a 2% chance of occurrence in any one year with the reservoir in operation, specifying the rate of flow of streams into the reservoir and the volume of waters impounded in the reservoir that will be necessary to insure a yield of water from the reservoir for beneficial use;
(f) for a water reservation right for waters flowing into the conservation storage water quality capacity of any reservoir, information on rates of flow into the reservoir; and
(g) such other information which the chief engineer may request in carrying out provisions of this act.
Upon receiving any such filing, the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof, or inform the director in writing that the notice does not comply with the above requirements in one or more ways, all of which shall be specified. Thereupon, the director shall modify the written notice as may be appropriate and return the notice to the chief engineer. When the written notice complies with the requirements of this section the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof. Upon receipt of the written acceptance of the chief engineer as provided in this section, the director shall file, as other instruments affecting real estate, copies of the accepted written notice in the office of the register of deeds of the county or counties wherein the point of diversion for the reservoir is located; and such water reservation right shall thereby be perfected as of the date of original filing.
Nothing in this section shall require the director to acquire an appropriation right, or approval of the chief engineer, under article 7 of chapter 82a of Kansas Statutes Annotated.
History:
L. 1974, ch. 452, § 4; L. 1983, ch. 343, § 3; L. 1986, ch. 394, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1307 Same; contracts for withdrawal and use; effective date; filing of contract with secretary of state and legislature; disapproval and revocation by legislature.

82a-1307.
Same; contracts for withdrawal and use; effective date; filing of contract with secretary of state and legislature; disapproval and revocation by legislature.
On or before the 30th calendar day of each regular legislative session, the director shall transmit to the house of representatives and the senate of this state, and to the secretary of state, copies of each contract made and executed under K.S.A. 82a-1305, and amendments thereto, since the 30th day of the regular legislative session occurring most recently prior to such transmission. Such contract copies transmitted to the secretary of state shall be and remain filed in the office of the secretary of state from the date transmitted until the end of the fifth year following the end of the term thereof, and during such time shall be available for public inspection during regular business hours. At any time after the 30th calendar day of the regular legislative session when a contract is transmitted as provided in this section, the legislature may disapprove and revoke such contract by adoption of a concurrent resolution so providing. No contract under K.S.A. 82a-1305, and amendments thereto, shall be subject to revocation by the legislature after the 90th calendar day of such regular legislative session. Any annual installment or other amount due prior to legislative revocation shall be a valid obligation and shall be paid, but no annual installment or other amount due after legislative revocation shall be valid.
History:
L. 1974, ch. 452, § 7; L. 1976, ch. 441, § 4; L. 1982, ch. 438, § 1; L. 1983, ch. 343, § 6; L. 1986, ch. 396, § 6; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1309 Same; meters, gauges or other measuring devices; director, authority.

82a-1309.
Same; meters, gauges or other measuring devices; director, authority.
The director may require any person withdrawing water pursuant to a contract under K.S.A. 82a-1305, and amendments thereto, to install meters, gauges or other measuring devices in accordance with specifications of the director. The director or the director's agents may read any such device at any time, and may require any such person to report the readings of any such device at reasonable intervals. The director may test any such device at any time or require any such person to test the device as such director specifies and make a report thereof to the director. All such devices shall be maintained in good order. The director may require any such person to make specified repairs or maintenance to the device or replace the same as may be reasonable.
History:
L. 1974, ch. 452, § 9; L. 1983, ch. 343, § 8; March 17.