reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1310a Same; application to enter into contract, contents.

82a-1310a.
Same; application to enter into contract, contents.
Any person desiring to enter into a contract under K.S.A. 82a-1305, and amendments thereto, shall file an application therefor with the director. Such application shall be in such form and contain such information as the director requires.
History:
L. 1983, ch. 343, § 9; L. 1986, ch. 396, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1312 Same; contracts filed with chief engineer.

82a-1312.
Same; contracts filed with chief engineer.
A copy of every contract entered into under K.S.A. 82a-1305, and amendments thereto, shall be filed with the chief engineer by the person who is to receive water under the contract.
History:
L. 1974, ch. 452, § 12; L. 1983, ch. 343, § 11; March 17.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1313 Same; withdrawal of water under contract; exercise and protection of rights.

82a-1313.
Same; withdrawal of water under contract; exercise and protection of rights.
Persons having contracts under K.S.A. 82a-1305 for withdrawal of water may use waters withdrawn thereunder as provided in such contract without obtaining a permit or water right under article 7 of chapter 82a of Kansas Statutes Annotated. Such persons shall be entitled to the same protection of their rights under such contracts as the owner of any other vested property interest (including vested rights, appropriation rights and approved applications for permits to appropriate water) is entitled to receive. No person shall be entitled to any waters withdrawn under this act from the conservation storage water supply of any reservoir except in accordance with a contract under K.S.A. 82a-1305.
History:
L. 1974, ch. 452, § 13; March 22.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1314 Same; request for withdrawal of water; release of water; conduct and withdrawal of water.

82a-1314.
Same; request for withdrawal of water; release of water; conduct and withdrawal of water.
Whenever a person, who has a contract under K.S.A. 82a-1305, and amendments thereto, wishes to make a withdrawal of water, such person shall so advise the director as provided in the contract. Whenever the bed of a watercourse is to be used to carry waters so released, the director shall inform the chief engineer who shall, upon four working days' notice, protect any such release. The director shall request the authorities in charge of the operation of the reservoir to make an appropriate release of water. The person for whom waters are released may conduct such waters into and along any watercourse and may withdraw or redivert the same at points specified in such person's contract, without regard to holders of water rights to the waters of the watercourse, due allowance being made for seepage and evaporation. The provisions of K.S.A. 82a-706b to 82a-706e, inclusive, and amendments thereto, shall apply to water so released. In addition to such authority and duties, the chief engineer shall protect and shall have authority to enter into agreements necessary to protect any release of water.
History:
L. 1974, ch. 452, § 14; L. 1983, ch. 343, § 12; L. 1984, ch. 382, § 5; L. 1986, ch. 396, § 11; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1315a Same; payment of charges; disposition of revenue.

82a-1315a.
Same; payment of charges; disposition of revenue.
Amounts charged pursuant to contracts entered into pursuant to K.S.A. 82a-1305, and amendments thereto, and all other amounts charged pursuant to this act shall be paid to the director. Upon receipt, the director shall remit the entire amount 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, except as provided in K.S.A. 82a-1315b, and amendments thereto, shall deposit the entire amount in the state treasury to the credit of the water marketing fund.
History:
L. 1983, ch. 343, § 13; L. 1991, ch. 290, § 2; L. 2001, ch. 5, § 476; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1315c Water marketing fund created; purposes for which moneys may be expended from fund.

82a-1315c.
Water marketing fund created; purposes for which moneys may be expended from fund.
(a) There is hereby created in the state treasury the water marketing fund. The director of the Kansas water office may accept or receive moneys from any source, governmental or private, for the purposes for which expenditures may be made from the water marketing fund. The director shall remit all moneys so received 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 water marketing fund.
(b) Moneys credited to the water marketing fund shall be used for the following purposes:
(1) Payment to the federal government of annual capital costs associated with water supply storage space in reservoirs under the state water plan storage act;
(2) repayment to the state general fund for moneys advanced to make annual capital cost payments for water supply storage space in reservoirs under the state water plan storage act;
(3) payment to the federal government of annual operation, maintenance and repair costs associated with the water supply storage space under the state water plan storage act;
(4) payment of administration and enforcement costs of the state associated with the state water plan storage act;
(5) an annual set-aside to a reserve account which is hereby created as part of this fund of an amount specified by the director of the Kansas water office but not more than 1¢ per 1,000 gallons of water sold, such reserve to be used to meet any shortfall in revenue or unusual expenses relating to operation, maintenance and repair costs; and
(6) deposit of receipts as required under K.S.A. 82a-1315b, and amendments thereto.
(c) All expenditures from the water marketing 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 by a person designated by the director.
History:
L. 1991, ch. 290, § 1; L. 2001, ch. 5, § 478; L. 2005, ch. 180, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1316 Same; approval of assignment, sale or transfer of contract or interest required; amendment or revocation of contract.

82a-1316.
Same; approval of assignment, sale or transfer of contract or interest required; amendment or revocation of contract.
No assignment, sale, conveyance or transfer of all or any part of a contract under K.S.A. 82a-1305, and amendments thereto, or of interest thereunder, or of interest therein shall be valid unless and until the same is approved by the authority under such reasonable terms and conditions as it may impose. Any contract under K.S.A. 82a-1305, and amendments thereto, may be amended or nullified by written agreement of the parties thereto made and recorded as provided in this act for original contracts under K.S.A. 82a-1305, and amendments thereto, but no such amendment shall change any rate specified in the original contract in accordance with either paragraphs (1) or (2) of subsection (a) of K.S.A. 82a-1306, and amendments thereto.
Every such contract amendment shall be transmitted as provided in K.S.A. 82a-1307, and amendments thereto for original contracts, and shall be subject to revocation as provided in K.S.A. 82a-1307, and amendments thereto. Whenever a contract amendment is so revoked, the contract to which the amendment applied shall remain valid and unchanged, as though such amendment had never been agreed upon.
History:
L. 1974, ch. 452, § 16; L. 1983, ch. 343, § 15; March 17.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1317 Same; failure to make payment for water; interest on overdue payment.

82a-1317.
Same; failure to make payment for water; interest on overdue payment.
If any person financially obligated under a contract made under K.S.A. 82a-1305, and amendments thereto, should fail to make any of the payments when due, then the overdue payments shall bear interest compounded annually at the rate equal to the average rate of interest per annum earned in the preceding calendar year on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board until paid. This provision shall not be construed as giving the person an option of either making payments when due or paying interest nor shall it be construed as waiving any of the rights of the authority or the state of Kansas that might result from any default by the person.
History:
L. 1974, ch. 452, § 17; L. 1983, ch. 343, § 16; L. 1984, ch. 382, § 6; L. 1986, ch. 396, § 13; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1318 Same; enforcement of claim or right or provisions of act or rules and regulations; authority of authority; attorney general, duties.

82a-1318.
Same; enforcement of claim or right or provisions of act or rules and regulations; authority of authority; attorney general, duties.
The authority may sue in its own name, or may authorize suit to be brought by an authorized representative in the name of the authority, to enforce any claim or right arising out of any contract under K.S.A. 82a-1305, and amendments thereto, any provision of this act or any rule and regulation adopted under this act. The authority may be sued and may defend any action brought against it arising out of any contract under K.S.A. 82a-1305, and amendments thereto. Nothing in this section shall be deemed to authorize any suit against the authority or any member thereof, or any officer or employee of the state or of the authority, on an implied contract, or for negligence or any other tort. The attorney general, or any attorney designated by the attorney general, shall represent the authority in all litigation.
History:
L. 1974, ch. 452, § 18; L. 1983, ch. 343, § 17; March 17.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1319 Same; rules and regulations.

82a-1319.
Same; rules and regulations.
The director may adopt, subject to approval of the authority, rules and regulations for the administration and carrying out the purposes of this act.
History:
L. 1974, ch. 452, § 19; L. 1983, ch. 343, § 18; March 17.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1330 Water assurance program; citation of act.

82a-1330.
Water assurance program; citation of act.
This act shall be known as and may be cited as the water assurance program act.
History:
L. 1986, ch. 391, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1331 Same; definitions.

82a-1331.
Same; definitions.
As used in this act, unless the context otherwise requires:
(a) "Assurance storage" means that part of the conservation storage water supply capacity of any reservoir devoted to the storage water for the water assurance program;
(b) "assurance water" means water stored in assurance storage of a reservoir under a water reservation right and provided as supplemental water to eligible water right holders;
(c) "water assurance district" means an organization of eligible water right holders;
(d) "assurance reservoir" means any reservoir containing assurance storage;
(e) "eligible water right holder" means any entity holding a water right or permit, pursuant to K.S.A. 82a-701 et seq., and amendments thereto, to appropriate water from a stream or water from the alluvium of the stream downstream from an assurance reservoir for municipal or industrial purposes as determined by the chief engineer pursuant to K.S.A. 82a-1333; and
(f) "member" means an eligible water right holder who, because of a determination of benefit by the chief engineer, is required to participate in and is subject to the rules of a water assurance district. An eligible water right holder who withdraws water from the alluvium of a stream supplemented by an assurance reservoir shall be a member if the chief engineer determines there is a significant benefit to such holder from supplementing the stream by assurance reservoir releases.
History:
L. 1986, ch. 391, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1332 Same; negotiation by Kansas water office for water assurance storage in federal reservoirs.

82a-1332.
Same; negotiation by Kansas water office for water assurance storage in federal reservoirs.
The Kansas water office, with advice from basin advisory committees, eligible water right holders and the chief engineer and with approval of the Kansas water authority, may negotiate and enter into contracts for assurance storage from federal reservoirs to be used for water assurance.
History:
L. 1986, ch. 391, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1333 Same; prerequisites to organization of water assurance district; duties of chief engineer.

82a-1333.
Same; prerequisites to organization of water assurance district; duties of chief engineer.
Before a water assurance district is organized, and upon the request of the Kansas water office, the chief engineer shall determine the eligible water rights of the proposed district. In determining whether a water right may benefit, the chief engineer shall consider the following factors:
(a) The annual quantity and rate of diversion authorized by the water right and the frequency and the distribution of such use with time;
(b) the consumptive use, location and source of the water right; and
(c) such other factors as may be necessary to fully determine and understand the degree of such benefits.
History:
L. 1986, ch. 391, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1334 Same; participation mandatory in program, when.

82a-1334.
Same; participation mandatory in program, when.
If a water assurance district is organized, participation in the water assurance program shall be mandatory for each eligible water right holder below an assurance reservoir if the chief engineer determines that such holder may be benefited by releases of assurance water from an assurance reservoir.
History:
L. 1986, ch. 391, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1336 Same; petition requirements for organization of water assurance districts; duties of secretary of state.

82a-1336.
Same; petition requirements for organization of water assurance districts; duties of secretary of state.
A copy of the petition, required by K.S.A. 82a-1335, setting forth the text of the petition in full, shall be circulated among the eligible water right holders of the proposed district. A duplicate original or a photographic copy of the original petition, with copies of all signature sheets attached thereto, shall be furnished to the county clerk of each county wherein lies a part of the proposed district. All counterparts shall be filed with the secretary of state at the same time and shall be received and treated by the secretary as a single petition. The secretary of state shall determine the sufficiency or insufficiency of the petition on the basis of the information as to the number and qualification of signers as shown by the verified enumeration filed with the petition. The secretary of state shall endorse the findings and the date thereof on the face of the petition, and shall notify in writing, the person designated in the petition as the acting chairperson of the steering committee of the findings.
History:
L. 1986, ch. 391, § 7; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1337 Same; duties of secretary of state relating to petitions; approval of chief engineer required, findings.

82a-1337.
Same; duties of secretary of state relating to petitions; approval of chief engineer required, findings.
If the secretary of state finds the petition, as required by K.S.A. 82a-1335, to be sufficient as to form and the number and qualifications of the petitioners, the secretary shall prepare a certified copy of the petition and transmit the same to the chief engineer within five days from the date of such finding. Upon receipt of such certified copy, the chief engineer shall institute an investigation of the proposed district, its territory and purposes, and within 90 days after receipt of the copy shall transmit a written report of the findings on the petition, together with the chief engineer's written approval or disapproval of the petition, to the secretary of state and the acting chairperson of the steering committee named in the petition.
The chief engineer shall approve such petition if the chief engineer finds:
(a) That the proposed district would not include water rights in any existing water assurance district; and
(b) that the statement of purposes contained in the petition conforms with the intents and purposes of this act.
If the chief engineer approves such petition, the chief engineer shall transmit a certified copy of the report containing all findings to the secretary of state and to the chairperson of the steering committee of the district.
History:
L. 1986, ch. 391, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1338 Same; formation of water assurance district; election required, procedure; certificate of incorporation.

82a-1338.
Same; formation of water assurance district; election required, procedure; certificate of incorporation.
Within 10 days after receipt of a certified copy of the chief engineer's report approving the petition, as required by K.S.A. 82a-1335, or the petition as amended, the chairperson of the steering committee of the proposed district shall call a meeting of the committee by mailing a written notice fixing the time and place of such meeting to each member of the committee. The committee shall meet at the time and place fixed in the notice for the purpose of adopting a resolution giving notice of an election at which all eligible water right holders shall be entitled to vote on the question of whether the district should be formed in accordance with the petition as approved by the chief engineer. A copy of such resolution shall be mailed to all eligible water right holders within the proposed district not less than 21 days prior to such election. The resolution shall state when and where the election shall be held and the proposition to be voted on. It shall contain a copy of the petition as approved by the chief engineer (omitting the map attached as an exhibit) and shall be signed by the chairperson and attested by the secretary of the steering committee. The steering committee shall conduct the election, canvass the vote, and certify the results to the secretary of state. If eligible water right holders representing more than 50% of the combined quantities of the eligible water rights within the proposed district vote in favor of the organization and creation of the district, the secretary of state shall issue to the steering committee a certificate of incorporation for the district, which shall be filed of record in the office of the register of deeds of each county in which all or a portion of the district lies. Upon such recordation of the certificate of incorporation, the district shall be authorized to function in accordance with the provision of this act and its certificate of incorporation. If eligible water right holders representing more than 50% of the combined quantities of the eligible water rights within the proposed district vote against the organization and creation of the district, the secretary of state shall endorse that fact on the face of the petition and the proceedings shall be closed. No action attacking the legal incorporation of any water assurance district organized under this section shall be maintained unless filed within 90 days after the issuance of the certificate of incorporation for such district by the secretary of state, nor shall the alleged illegality of the incorporation of any such district be interposed as a defense to any action brought after such time.
History:
L. 1986, ch. 391, § 9; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1339 Same; payment of costs and expenses when chief engineer disapproves organization of water assurance district.

82a-1339.
Same; payment of costs and expenses when chief engineer disapproves organization of water assurance district.
If the organization of the proposed water assurance district is defeated at the election or if the petition, as required by K.S.A. 82a-1335, is disapproved by the chief engineer, the steering committee named in the petition 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 the steering committee shall assume the obligation for the payment of such costs and expenses but no cost shall be assessed by any state agency.
History:
L. 1986, ch. 391, § 10; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1340 Same; exercise of district powers by board of directors; composition and terms of board of directors.

82a-1340.
Same; exercise of district powers by board of directors; composition and terms of board of directors.
All powers granted to water assurance districts incorporated under the provisions of this act shall be exercised by a board of directors which shall be composed of any odd number of directors and specified in the petition for creation of the district. The board shall be composed of not less than three nor more than nine representatives of the district members. Each director shall serve for a term of three years, and until a successor is elected and qualified, except that as nearly as possible 1/3 of the original directors designated in the petition for organization of the district shall serve for a term of one year, 1/3 for a term of two years, 1/3 for a term of three years.
History:
L. 1986, ch. 391, § 11; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1341 Same; organization of district board of directors; conduct of business; filling of vacancies.

82a-1341.
Same; organization of district board of directors; conduct of business; filling of vacancies.
Within not more than 90 days after the recording of the certificate of incorporation, a meeting open to all members of the district shall be held by the steering committee for the election of the initial board of directors of the district. A notice of the meeting shall be mailed to all members by the steering committee at least 10 days prior to the date thereof. Each member in the district shall be entitled to vote for as many candidates as the number of directors that are to be elected, but may not cast more than one vote for any one candidate. The candidates receiving the greatest number of votes cast shall respectively be declared elected. The board of directors, after being duly elected, shall elect from its number a president, vice-president, secretary and a treasurer. In districts having only three directors, the board shall elect one director to hold the offices of secretary and treasurer. A majority of the directors shall constitute a quorum for the transaction of business and a majority of those voting shall determine all actions taken by the board. In the absence of any of the duly elected officers, those directors present at any meeting may select a director to act as an officer pro tem. The elected board shall fill any vacancy occurring on the board prior to the expiration of the term of any director by selecting a replacement from among the members of the district to serve for the unexpired term.
History:
L. 1986, ch. 391, § 12; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1342 Same; district meetings, purpose.

82a-1342.
Same; district meetings, purpose.
In not less than 12 months nor more than 13 months after the recording of the certificates of incorporation, and annually thereafter, a meeting shall be held for the election of directors whose terms expire, to render a report on the financial condition and activities of the district and to adopt a budget in the manner provided by K.S.A. 79-2925 et seq., and amendments thereto. Notice of the annual meeting shall be given at least 10 days prior to the date thereof to all members in the district.
The number of directors of a district or the date of the annual meeting, or both, may be changed at an annual meeting if notice of the proposed changes is included in the notice for the annual meeting at which such changes are to be considered.
History:
L. 1986, ch. 391, § 13; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1343 Same; meetings of district board of directors; notice.

82a-1343.
Same; meetings of district board of directors; notice.
Regular meetings of the board of directors shall be held quarterly at the office of the corporation on such day as is selected by the board of directors. Notice of such meeting shall be mailed to each director at least five days prior to the date thereof. Special meetings may be held at any time on the call of the president of the board. Notice shall be mailed to each director at least two days prior to the time fixed for such special meeting.
History:
L. 1986, ch. 391, § 14; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1344 Same; powers of districts.

82a-1344.
Same; powers of districts.
Each water assurance district incorporated under the provisions of this act shall be a body politic and corporate and shall have the power to:
(a) Adopt a seal;
(b) sue and be sued by its corporate name;
(c) purchase, hold, sell and convey land and personal property and to execute such contracts as the board of directors, deems necessary or convenient to enable it to carry out the purpose for which organized;
(d) employ such professional, technical and clerical services and other assistance as deemed necessary by the board of directors;
(e) acquire personal property by gift or purchase;
(f) impose charges as provided by this act;
(g) select a residence or home office for the water assurance district, which shall be at a place in a county in which the district or any part thereof is located and may be either within or without the district as may be designated by the board of directors; and
(h) take any other action necessary to achieve the purposes of the state water assurance program.
History:
L. 1986, ch. 391, § 15; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1346 Same; persons not prohibited from purchasing storage in federal reservoirs.

82a-1346.
Same; persons not prohibited from purchasing storage in federal reservoirs.
Nothing in this act shall prohibit any person from contracting to purchase or otherwise obtaining from the federal government emergency water stored in federal reservoirs and under the control of the federal government under rules and regulations of any agency of the federal government.
History:
L. 1986, ch. 391, § 17; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1347 Same; renegotiation of existing water supply storage contracts.

82a-1347.
Same; renegotiation of existing water supply storage contracts.
If any eligible water right holder in a water assurance district organized under the provisions of this act requests an opportunity to renegotiate any existing contracts for the purchase of water supply under the terms of K.S.A. 82a-1301 et seq., and amendments thereto, the Kansas water authority and the Kansas water office shall conduct such negotiations on a timely basis and on the provisions for which negotiations are requested.
History:
L. 1986, ch. 391, § 18; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1348 Same; conservation plans and practices required.

82a-1348.
Same; conservation plans and practices required.
Each member of a water assurance district shall adopt conservation plans and practices for such member. Such plans and practices shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office pursuant to K.S.A. 74-2608, and amendments thereto. Prior to entering into a contract with an assurance district, the director of the Kansas water office, in consultation with the chief engineer, shall determine whether such plans and practices are consistent with the guidelines for conservation plans and practices adopted by the Kansas water office.
History:
L. 1986, ch. 392, § 7; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1349 Water supply storage assurance fund established; receipts; use of moneys.

82a-1349.
Water supply storage assurance fund established; receipts; use of moneys.
(a) There is hereby created in the state treasury the water supply storage assurance fund. The director of the Kansas water office may accept or receive moneys from water assurance districts for the purposes for which expenditures may be made from the water supply storage assurance district fund. The director shall remit all moneys so received to the state treasurer at least monthly. Upon receipt of any such remittance the state treasurer shall deposit the entire amount in the state treasury and credit such amount to the water supply storage assurance fund. Moneys deposited to the credit of the water supply storage assurance fund which are received from a water assurance district shall be credited to a separate subaccount.
(b) Moneys in such subaccounts may be expended for the following purposes:
(1) Payment to the federal government of annual capital costs of water supply storage in federal reservoirs under the water assurance program act;
(2) payment and reimbursement to the water marketing fund for water supply storage space previously paid for with revenue from the water marketing fund, if such storage space has been transferred to the water assurance program;
(3) payment and reimbursement to the state general fund for water supply storage space previously paid for with revenue from the state general fund, if such storage space has been transferred to the water assurance program;
(4) payment and reimbursement to the state water plan fund for water supply storage space previously paid for with revenue from the state water plan fund, if such storage space has been transferred to the water assurance program;
(5) payment to the federal government of annual operation, maintenance and repair costs associated with the water supply storage space dedicated for the use of water assurance districts; and
(6) payment and reimbursement to the water marketing fund and the state general fund for costs incurred by the state for the administration and enforcement of applicable state laws governing the operations and management of the water assurance program as provided in contracts with water assurance districts.
(c) All expenditures from the water supply storage assurance fund shall be made in accordance with appropriation acts upon warrants issued pursuant to vouchers approved by the director of the Kansas water office or by a person designated by the director.
History:
L. 2006, ch. 198, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1360 Financing of large reservoir projects; definitions.

82a-1360.
Financing of large reservoir projects; definitions.
As used in K.S.A. 82a-1360 to 82a-1368, inclusive, unless the context otherwise requires:
(a) "Director" means the director of the Kansas water office.
(b) "Revenue bonds" means bonds issued pursuant to this act and payable as to both principal and interest from (1) the revenue derived from water supply contracts with water users who will derive benefits from the construction of a large reservoir project or from the purchase of space in existing reservoirs; (2) the revenue from participants in water assurance programs; (3) in the discretion of the director, the proceeds of any grant-in-aid which may be received from any source; or (4) any one or more of the foregoing.
(c) "Large reservoir project" means a structure that has been planned, authorized and constructed by the federal government or the state of Kansas which contains waters for conservation storage water supply.
History:
L. 1986, ch. 394, § 7; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1362 Same; revenue bonds issued not state indebtedness; enforceability of contracts, agreements or covenants of Kansas water office.

82a-1362.
Same; revenue bonds issued not state indebtedness; enforceability of contracts, agreements or covenants of Kansas water office.
(a) Revenue bonds issued hereunder, including refunding revenue bonds authorized hereunder, shall be special obligations of the Kansas water office in accordance with their terms and shall not constitute an indebtedness of the state of Kansas or the Kansas water office, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(b) All contracts, agreements and covenants contained in the resolution authorizing the issuance of revenue bonds shall be binding in all respects upon the Kansas water office, its officials, agents, employees and successors. Such agreements, contracts and covenants shall be enforceable by appropriate legal action brought pursuant to the terms of the resolution authorizing the issuance of revenue bonds.
History:
L. 1986, ch. 394, § 9; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1363 Same; issuance of revenue bonds to refund existing revenue bonds.

82a-1363.
Same; issuance of revenue bonds to refund existing revenue bonds.
The Kansas water office may issue revenue bonds for the purpose of refunding revenue bonds issued hereunder pursuant to the terms and authority of K.S.A. 10-116a, and amendments thereto.
History:
L. 1986, ch. 394, § 10; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1364 Same; disposition of proceeds received from sale of revenue bonds, authority of director of Kansas water office.

82a-1364.
Same; disposition of proceeds received from sale of revenue bonds, authority of director of Kansas water office.
The proceeds derived from the sale of all revenue bonds issued under this act shall be deposited to the credit of the Kansas water office in either an account administered pursuant to K.S.A. 75-4251 et seq., and amendments thereto, or in an account arranged pursuant to K.S.A. 75-3799, and amendments thereto, and used solely for the purposes for which the revenue bonds are authorized. The director is authorized to make all contracts and execute all instruments which in the director's discretion may be deemed necessary or advisable for the purpose of acquiring a site or sites, constructing, reconstructing, improving and expanding large reservoir projects or to finance the purchase of space in existing reservoirs and to provide for the manner of disbursement of the funds for such purposes. Other than contracts with federal, state or local governmental units, contracts authorized by this act shall be made pursuant to K.S.A. 75-3739 or 75-3799, and amendments thereto. Nothing contained in this act shall be construed as placing in the state treasury any money collected under this act or requiring such action, and the legislature hereby declares that funds deposited under this section shall not be subject to the provisions of section 24 of article 2 of the Kansas constitution.
History:
L. 1986, ch. 394, § 11; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1365 Same; income from bonds exempt from taxation.

82a-1365.
Same; income from bonds exempt from taxation.
The revenue bonds issued hereunder and any refunding revenue bonds authorized to be issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas.
History:
L. 1986, ch. 394, § 12; L. 2010, ch. 44, § 38; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1366 Same; bonds deemed legal and proper securities for investment by governmental entities.

82a-1366.
Same; bonds deemed legal and proper securities for investment by governmental entities.
Revenue bonds issued hereunder shall be proper and legal investment securities for any investment funds of the state of Kansas or any department, agency or institution thereof, or any county, municipal or other public corporation or political subdivision created pursuant to the laws of the state of Kansas. Banks, trust companies and insurance companies, organized under the laws of the state of Kansas, and the Kansas public employees retirement system may legally and properly purchase the revenue bonds issued hereunder, and they are hereby deemed and approved as collateral security for the deposit of any and all funds and for the investment of all trust funds under the jurisdiction of the laws of the state of Kansas.
History:
L. 1986, ch. 394, § 13; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1367 Same; powers supplemental to other powers of Kansas water office; severability.

82a-1367.
Same; powers supplemental to other powers of Kansas water office; severability.
(a) This act constitutes full and complete authority for the purposes set out in this act, and no procedure or proceedings other than those required by this act shall be necessary for the performance of the provisions thereof. The powers conferred by this act shall be in addition and supplemental to and not in substitution for, and the limitations imposed by this act shall not affect, the powers conferred on the Kansas water office by any other law.
(b) The provisions of this act are severable, and if any provision, section, subsection, sentence, clause or phrase of this act, including, but not limited to, the provisions relating to any of the sources of revenues for payment of bonds authorized pursuant to this act are for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each provision, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more of the same are declared invalid.
History:
L. 1986, ch. 394, § 14; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 13 - Water Storage › 82a-1368 Same; publication of notice of revenue bond issuance, contents; actions to contest, timing.

82a-1368.
Same; publication of notice of revenue bond issuance, contents; actions to contest, timing.
Prior to the issuance of any revenue bonds under authority of this act and after the adoption of a resolution authorizing any revenue bonds under this act, the director shall cause to be published once in the Kansas register a notice to all persons interested that the Kansas water office has determined to issue revenue bonds under authority of this act. The notice shall state the amount or maximum amount of revenue bonds to be issued pursuant to such resolution, together with a brief statement of the purposes for which the proceeds are to be used, and further, that unless an action to contest the legality of the proposed revenue bonds shall be filed in a court of law within 30 days from the date of such publication, the right to contest the legality of any revenue bonds issued in compliance with the proceedings taken by the Kansas water office prior to the date of such publication and the right to contest the validity of the provisions of such proceedings shall cease to exist and no court shall thereafter have authority to inquire into such matters. After the expiration of the 30 days, no one shall have any right to commence an action contesting the validity of such revenue bonds or the provisions of such proceedings and all revenue bonds shall be conclusively presumed to be legal, and no court shall thereafter have authority to inquire into such matters.
History:
L. 1986, ch. 394, § 15; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1402 Kansas weather modification act; definitions.

82a-1402.
Kansas weather modification act; definitions.
As used in this act, unless the context otherwise requires:
(a) "Authority" means the Kansas water authority;
(b) "Director" means the director of the Kansas water office.
(c) "Naturally" means arising from a phenomenon of nature.
(d) "Operational program" means weather modification activity conducted to increase rainfall or suppress hail damage whether such activity is conducted not-for-profit, for profit or purely for research.
(e) "Person" means and includes a natural person, a partnership, an organization, a corporation, a municipality and any department or agency of the state.
(f) "Research and development operation" or "research and development project" means an operation which is conducted solely to advance scientific and technical knowledge.
(g) "Weather modification activity" means any operation or experimental process which has as its objective inducing change, by artificial means, in the composition, behavior, or dynamics of clouds and the atmosphere.
History:
L. 1974, ch. 321, § 2; L. 1986, ch. 397, § 1; L. 1995, ch. 138, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1403 Same; administration of act; rules and regulations; powers of board and director.

82a-1403.
Same; administration of act; rules and regulations; powers of board and director.
The authority is hereby vested with responsibility for the implementation of this act. Within the authority granted to the authority, the director shall be the chief administrative officer for carrying out the powers and duties provided for in this act. The authority may adopt rules and regulations, issue licenses and permits, conduct hearings, enter into contracts for weather modification activities and to do all other things provided for in this act for the achievement of its purposes, subject to the powers and limitations contained herein.
History:
L. 1974, ch. 321, § 3; L. 1995, ch. 138, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1406 Same; license and permit required; violation of license or permit; fee exemptions.

82a-1406.
Same; license and permit required; violation of license or permit; fee exemptions.
(a) No person may engage in any activity for weather modification or control without a weather modification license and a weather modification permit issued by the director. No person may engage in any activity in violation of any term or condition of a license or permit issued under this act.
(b) The authority, to the extent it considers exemptions appropriate and desirable, may exempt the following weather modification activities from the fee requirements of this act:
(1) Research and development operations and experiments conducted by or under authority of any state or federal department or agency, state institution of higher education or nonprofit research organization;
(2) laboratory research and experiments; and
(3) activities of an emergency nature for protection of public health, safety, and welfare including but not limited to fire, frost, hail, sleet, smog, fog and drought.
History:
L. 1974, ch. 321, § 6; L. 1995, ch. 138, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1407 Same; license; requirements.

82a-1407.
Same; license; requirements.
The director shall issue a weather modification license to each person who:
(a) Applies in writing to the director in such form as the director requires;
(b) pays the license fee, if applicable; and
(c) meets at least one of the following requirements:
(1) The applicant demonstrates that the applicant (or the applicant's official representative) has had at least eight years of professional experience in weather modification field research or activities and has served for at least three years as a project director of weather modification activities; or
(2) the applicant demonstrates that the applicant (or the applicant's official representative) has obtained a baccalaureate degree from a recognized institution of higher learning in meteorology, engineering, mathematics or the physical sciences and: (A) Has had at least three seasons of experience in weather modification field research or activities; (B) has satisfactorily completed the equivalent of at least 25 semester hours of meteorological studies and has had at least two seasons of practical experience in weather modification field research or activities; or (C) is certified by the weather modification association.
History:
L. 1974, ch. 321, § 7; L. 1995, ch. 138, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1408 Same; license fees; license term.

82a-1408.
Same; license fees; license term.
Unless the applicant is exempt under subsection (b) of K.S.A. 82a-1406, and amendments thereto, a license shall be issued under this act only upon payment to the director of a fee of $100. Each license shall expire at the end of the calendar year for which it is issued.
Subject to the limitations of this act, any person licensed under the provisions of this act may, on or before January 1, each year, renew the person's license by payment to the director of an annual fee of $100. The director shall remit all moneys received pursuant to this section 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, § 8; L. 1995, ch. 138, § 6; L. 2001, ch. 5, § 479; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 14 - Weather Modification › 82a-1409 Suspension or revocation of license; grounds; hearing.

82a-1409.
Suspension or revocation of license; grounds; hearing.
Any license issued under this act may be suspended or revoked by the director after notice and opportunity for hearing in accordance with the provisions of Kansas administrative procedure act, when the licensee (1) is found to have engaged in any activity prohibited by or under this act, (2) has practiced fraud or deceit in obtaining a license, (3) has been negligent or guilty of incompetence in engaging in any weather modification activity or (4) has violated any requirement of this act. In addition to the director, any interested person may make a formal complaint to the director against any licensee. All formal complaints shall be in writing, shall be signed by the complainant, and shall specify the charges against the licensee.
History:
L. 1974, ch. 321, § 9; L. 1984, ch. 313, § 151; L. 1995, ch. 138, § 7; July 1.