reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 8 - LAND RECLAMATION PROGRAM › Section 11-8-2 - Mining license renewal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each operator licensed by the director under K.S.A. 49-605 shall renew the mining license annually until all sites registered by that
				person have been properly reclaimed or transferred to another licensed
				operator. The mining license renewal fee, except for political subdivisions,
				shall be based on the annual tons of material extracted by the operator and
				shall be:
(1) if less than 10,000 tons, $25.00;
(2) if between 10,000 tons and 99,999 tons, $50.00;
(3) if between 100,000 tons and 499,999 tons, $100.00; and
(4) if 500,000 tons or greater, $150.00.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 8 - LAND RECLAMATION PROGRAM › Section 11-8-3 - Initial site registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person, business, corporation, or political
				subdivision of the state of Kansas that engages in or intends to engage in
				operating a surface mine shall register the site with the director. In addition
				to the application requirements of K.S.A. 49-607  and amendments thereto, each
				application for site registration shall include the following:
(1) The name and license number of the operator;
(2) for each site that is active or inactive, the number of
				tons of material extracted and the number of acres of affected land created
				during the preceding year;
(3) the site registration fee, except for political
				subdivisions; and
(4) the signature of the operator.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 8 - LAND RECLAMATION PROGRAM › Section 11-8-4 - Site registration renewal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each site registration shall be renewed annually. Each
				applicant for renewal of a site registration shall submit the renewal form to
				the director within 30 days before the expiration date of the registration.
(b) Each renewal form shall include the following, in addition
				to information required in K.S.A. 49-607  and amendments thereto:
(1) For each active site, the number of tons of material
				extracted and the number of acres of affected land created during the previous
				year; and
(2) the signature of the operator.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 8 - LAND RECLAMATION PROGRAM › Section 11-8-5 - Annual report

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An annual report of mining operations for each registered
				site shall be submitted to the director within 30 days of the site registration
				expiration. The report, in addition to information required by K.S.A.
				49-612(a), and amendments thereto, shall include:
(1) the site registration number;
(2) any proposed changes to the reclamation plan;
(3) any proposed changes to the bonding agreement; and
(4) an aerial photograph, survey map, engineered drawing or
				other representation approved by the director, of all land affected by mining
				during the period covered by the report.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 8 - LAND RECLAMATION PROGRAM › Section 11-8-6 - Reclamation plan

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A reclamation plan shall be completed for each registered
				site and submitted with the initial registration application. The plan shall
				include the following:
(1) a legal description of where the site is located including
				the nearest quarter quarter section, township, range and county;
(2) the total acreage of the site;
(3) a general description of the material to be mined,
				including:
(A) the average depth of the mineral layer;
(B) the average depth of overburden; and
(C) the average depth of the topsoil;
(4) the estimated life-span of the mine or the time period
				covered by the operator's long-term plan;
(5) an aerial photograph, survey map, engineered drawing or
				other representation approved by the director describing the land to be mined
				first and how the mining will proceed across the site;
(6) a description of the estimated total number of acres to be
				affected by mining, including the proportion to be reclaimed if different than
				the total affected acres;
(7) an aerial photograph, survey map, engineered drawing or
				other representation approved by the director outlining the affected land,
				water bodies remaining after reclamation, stockpiles, crushing areas, roads and
				buildings;
(8) a general description of the pre-mining and post-mining
				land-use;
(9) a general description of the final grading and revegetation
				that will be completed and an estimated time-line for completion of those
				activities;
(10) an illustration of the final topography;
(11) a general description of the types of plants to be used in
				revegetation;
(12) the approximate amount of topsoil and overburden, or if
				topsoil is not present the amount of overburden, to be stockpiled and used for
				reclamation of the site; and
(13) the name, address, telephone number and signature of the
				person responsible for reclamation.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 8 - LAND RECLAMATION PROGRAM › Section 11-8-7 - Reclamation requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Reclamation of affected lands shall meet the following
				standards, in addition to the standards listed in K.S.A. 49-611, and amendments
				thereto.
(a) Affected lands shall be graded to allowable slopes within
				six months after filing the final report for the site.
(b) In grading the affected lands, all mining-related waste
				products and machinery incompatible with the care and growth of vegetation
				shall be removed from the affected lands. Boulders and stones incompatible with
				the proposed post-mining use of the site shall be buried or removed from the
				site.
(c) Topsoil and overburden, or if topsoil was not present
				initially, then overburden only, shall be preserved in an amount specified in
				the reclamation plan on the site for reclamation of affected lands.
(d) Within one year following the conclusion of all earthwork,
				seeding of all areas in which vegetation is to be provided shall be completed
				to the extent permitted by weather and planting requirements.
(e) Erosion control methods shall be used where necessary to
				prevent rill and gully forma-tion.
(f) Each operator shall allow the seeded vegetation at least
				one year to become established before filing a release request.
(g) A variance from the requirements of subsections (a), (d)
				and (f) of this regulation, may be granted by the director if the operator
				submits a written request at least 30 days before the initiation of affected
				reclamation activities.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 8 - LAND RECLAMATION PROGRAM › Section 11-8-8 - Bond or other security

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant for registration of a surface mining site
				shall file a bond or other security with each application in the following
				amounts:
(1) $400 per affected acre, for sand and gravel mining
				operations;
(2) $600 per affected acre, for all other types of mining
				operations.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Buffer" is a strip or area of land maintained in permanent
				vegetation to help reduce potential pollution problems and achieve other
				conservation objectives. Buffers are appropriately installed along streams to
				enhance water quality.
(b) "Commission" means the state conservation commission (SCC).
(c) "Commissioners" means the commissioners of the state
				conservation commission.
(d) "Continuous sign-up" means that persons eligible for CRP
				may request to enroll certain acreage in the program at any time. The CRP
				practices available during continuous sign-up provide environmental benefits
				complementary to the initiative.
(e) "CRP" means the conservation reserve program administered
				by the USDA farm service agency (FSA) with technical responsibility assigned to
				the USDA natural resources conservation service (NRCS). The CRP may provide
				cost share assistance to establish vegetation on eligible land and provides
				annual rental payments on a per acre basis to maintain enrolled acres for a
				period up to 15 years.
(f) "Director" means the executive director of the state
				conservation commission.
(g) "District" means a conservation district.
(h) "Filter strip" means a strip or area of grass for removing
				sediment, organic matter, and other pollutants from runoff and wastewater.
(i) "FSA" means the farm service agency.
(j) "Initiative" means the Kansas water quality buffer
				initiative.
(k) "NRCS" means the natural resources conservation service.
(l) "Practices" means cultural or structural measures that are
				installed or constructed on land for the purpose of improving or maintaining
				water quality.
(m) "Program" means the Kansas water quality buffer initiative,
				which shall be implemented in a manner to enhance participation under the
				continuous sign-up provision of the conservation reserve program by providing
				state incentives to supplement federal payments for riparian forest buffers and
				filter strips.
(n) "Riparian forest buffer" means a strip or area of
				vegetation containing trees and grass for removing sediment, organic matter,
				and other pollutants from runoff and wastewater.
(o) "Unfarmable field" means the remaining portion of a field
				in which 51% or more of the total acreage has been enrolled in the continuous
				sign-up.
(p) "USDA" means the United States department of agriculture.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-2 - Eligible areas

Current through Register Vol. 43, No. 28, July 11, 2024
All land within a TMDL high priority area or a designated
				priority area within the state of Kansas as determined by the commission shall
				be eligible for the initiative.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-3 - Eligible applicants

Current through Register Vol. 43, No. 28, July 11, 2024
Any individual, owner, or operator, excluding state units of
				government, who is eligible for CRP and owns land within the eligible area
				shall be eligible for the initiative. Applicants who are ineligible for CRP may
				be eligible under the initiative if all selection criteria are met.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-4 - Eligible practices

Current through Register Vol. 43, No. 28, July 11, 2024
Practices that shall be eligible for incentive payments are
				filter strips and riparian forest buffers. Payments made through the buffer
				initiative shall be in addition to any CRP payments received by each applicant.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-5 - Annual payments; exception

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Payments
			 shall be made on an annual basis coinciding with federal payments for the
			 purpose of providing an incentive to enroll in the CRP for 10 to 15 years,
			 except as specified in subsection (e).
(b) Incentive payments shall not exceed the
			 following:
(1) 30% of the total federal
			 payment, excluding the maintenance fee for the establishment of filter strips;
			 or
(2) 50% of the total federal
			 payment, excluding the maintenance fee for the establishment of riparian forest
			 buffers..
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-6 - Contracts

Current through Register Vol. 43, No. 28, July 11, 2024
Each contract shall be for no fewer than 10 years and no more
				than 15 years. Funding for contracts shall be subject to annual appropriations
				from the state legislature and may be canceled if the funding is not renewed
				after the first year.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-7 - Selection

Current through Register Vol. 43, No. 28, July 11, 2024
Eligible applicants shall be approved for funding by the SCC
				and according to criteria developed by the director. These criteria may include
				the following:
(a) The amount of existing vegetation;
(b) the size of the area offered;
(c) the type of vegetation offered;
(d) the type of practice or practices offered; and
(e) the proximity either to an intermittent or perennial stream
				or to other areas conducive to overland flow and length of contract.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-8 - Haying and grazing

Current through Register Vol. 43, No. 28, July 11, 2024
If authorized by the CRP, haying, grazing, or both may occur
				without penalty under the state contract. A non-CRP participant shall be
				allowed to hay or graze a filter strip without penalty after development of a
				grazing management plan developed in cooperation with the USDA-NRCS. No grazing
				shall be allowed on a riparian forest buffer.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-9 - Termination

Current through Register Vol. 43, No. 28, July 11, 2024
If the federal CRP is terminated by the FSA for any contract
				violation or for any other reason, the state contract may also be canceled. A
				refund of incentive payments earned may be required at the commission's
				discretion. A refund of incentive payments may be required by the commission if
				there is a failure to follow and maintain the program objective.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 9 - KANSAS WATER QUALITY BUFFER INITIATIVE › Section 11-9-10 - Petition for reconsideration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A landowner who has been denied cost-share funding may
				request a reconsideration of a district decision by filing a petition for
				reconsideration.
(b) The petition for reconsideration shall be submitted in
				writing to the commission within 30 days of the decision and shall state why
				the decision of the district should be reviewed and why the decision should be
				modified or reversed.
(c) The peition shall be reviewed by the commission during the
				next scheduled commission meeting. Whether the decision should be affirmed,
				modified, or reversed shall be determined by the commission. The final decision
				shall state the reason or reasons for this determination.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 10 - WATER RIGHTS PURCHASE PROGRAM › Section 11-10-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Program" means water rights purchase program.
(b) "Commission" means the state conservation commission.
(c) "Director" means the executive director of the state
				conservation commission.
(d) "Local entity" means a local subdivision of state
				government.
(e) "Eligible water right" shall mean all of the following:
(1) A water right that has been certified as being in an area
				in need of aquifer restoration or stream recovery pursuant to K.S.A. 2-1919,
				and amendments thereto, and located in a priority area identified for water
				right purchase;
(2) a water right that, when placed in the custodial care of
				the state, yields a positive impact on the aquifer or stream targeted for
				restoration or recovery; and
(3) a water right meeting the criteria established in K.S.A.
				2-1915, and amendments thereto.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 10 - WATER RIGHTS PURCHASE PROGRAM › Section 11-10-2 - Application

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A local entity may apply for assistance to purchase water
				rights by submitting the form prescribed by the commission.
(b) Applications shall be submitted to the commission by July 1
				to be considered for the next state fiscal year's budget cycle.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 10 - WATER RIGHTS PURCHASE PROGRAM › Section 11-10-4 - Procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each local entity shall designate a period in which to
				accept offers from eligible water right holders.
(b) The minimum period to accept offers shall be two weeks.
(c) The local entity shall notify all water right holders
				located in the priority area of the local entity's intent to purchase water
				rights and of the procedures to be followed in making an offer.
(d) This notification of intent to purchase water rights shall
				be published once each week for two consecutive weeks in a newspaper of general
				circulation in each of the counties encompassing the priority area. Both
				publications shall occur prior to the close of the offer acceptance period.
(e) Each water right holder wanting to make an offer shall
				submit the offer to the local entity in a sealed envelope, which shall be
				opened by the local entity at the close of the offer acceptance period.
(f) The local entity shall determine the water right or rights
				that the entity wishes to purchase by ranking each water right according to at
				least one of the following:
(1) The water right having the most beneficial impact on stream
				recovery or aquifer restoration within the identified priority area; or
(2) the lowest offer per acre-foot of water contained on the
				water right.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 10 - WATER RIGHTS PURCHASE PROGRAM › Section 11-10-5 - Payment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) After the water right holder agrees to the purchase terms
				established by the local entity and the commission, payment shall be made by
				the commission to the local entity for the purchase of the eligible water
				rights.
(b) The terms of the water right purchase shall be identified
				on forms provided by the commission.
(c) The maximum amount paid by the commission for a water right
				authorized for irrigation shall be calculated as follows:
(1) The average per-acre difference between irrigated cropland
				and dryland cropland values shall be determined by the director for the county
				in which the water right is located, for the three years preceding the year in
				which the water right is to be purchased. This determination shall be made
				based on information available from the Kansas department of revenue, Kansas
				agricultural statistics, county appraisers, and any other sources of data that
				the director considers appropriate.
(2) The value determined in paragraph (c) (1) above shall be
				divided by the appropriate county value contained in K.A.R. 5-3-24.
(3) The value determined in paragraph (c) (2) above shall be
				multiplied by the authorized acre-foot quantity.
(4) The value determined in paragraph (c) (3) above shall be
				multiplied by 80 percent.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 10 - WATER RIGHTS PURCHASE PROGRAM › Section 11-10-6 - Petition for reconsideration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A water right holder or local entity may appeal any
				decision of the commission by filing a petition for reconsideration.
(b) The petition for reconsideration shall be submitted in
				writing to the commission within 30 days of the decision and shall state why
				the decision of the commission should be reviewed and why the decision should
				be modified or reversed.
(c) The petition for reconsideration shall be reviewed by the
				commission during the next scheduled commission meeting. Whether the decision
				should be affirmed, modified, or reversed shall be determined by the
				commission. The final decision shall state the reason or reasons for this
				determination.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 12 - WATER RIGHT TRANSITION ASSISTANCE PILOT PROJECT PROGRAM › Section 11-12-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Active vested or certified water right" means a vested
				water right or currently certified appropriation water right that was put to
				lawful beneficial use in at least six out of the last 10 calendar years of
				actual irrigation, including any water use that occurred before
				certification.
(b) "Chief engineer" means chief engineer of the division of
				water resources, Kansas department of agriculture.
(c) "Closed to new appropriations" and "closed to further
				appropriations" mean that the chief engineer has issued a formal findings and
				order or has adopted a regulation and that either the formal findings and order
				or the regulation prevents the approval of new applications to appropriate
				water except for domestic use, temporary permits, term permits for five or
				fewer years, and small use exemptions for 15 acre-feet or less, if the use,
				permit, or exemption does not conflict with this program.
(d) "Commission" means state conservation commission, which
				serves as the division's conservation program policy board created by
				K.S.A.
				2-1904, and amendments thereto, within the
				department of agriculture.
(e) "Consumptive use" means the gross diversions minus the
				following:
(1) The waste of water, as defined in
				K.A.R.
				5-1-1 ; and
(2) the return flows to the source of water supply in the
				following ways:
(A) Through surface water runoff that is not waste; and
(B) by deep percolation.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 12 - WATER RIGHT TRANSITION ASSISTANCE PILOT PROJECT PROGRAM › Section 11-12-2 - Eligible areas

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each eligible area shall meet one of the following
				criteria:
(1) The board of the GMD has designated the area as a target
				area, and this designation has been approved by the chief engineer. Each
				eligible area within a GMD shall require a formal action by the board of a GMD
				requesting the chief engineer to approve the designation of a target area. The
				request shall include documentation on the criteria used by the GMD to identify
				the area that is in need of aquifer restoration or streamflow recovery, which
				shall include the historic consumptive water use retirement goal for each
				proposed target area and the designation of any high-priority areas within the
				target area.
(2) Outside a GMD, the chief engineer has designated the area
				as a target area. Each eligible area outside a GMD shall require documentation
				of the criteria used by the chief engineer to identify the area that is in need
				of aquifer restoration or streamflow recovery, which shall include the historic
				consumptive water use retirement goal for each proposed target area and the
				designation of any high-priority areas within the target area.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 12 - WATER RIGHT TRANSITION ASSISTANCE PILOT PROJECT PROGRAM › Section 11-12-3 - Application and review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The application periods for the program shall be October 1
				through November 15 and February 15 through March 31.
(b) Notification of the program shall be published in the
				Kansas register before each application period.
(c) The program procedures and application forms shall be
				available at the division office and at conservation district offices.
(d) Each application shall be submitted on a form supplied by
				the division. The application shall include all of the following:
(1) The name, address, telephone number, and tax identification
				number of the owner of the water right;
(2) the water right file number and the priority date of the
				water right;
(3) the location of the point of diversion;
(4) documentation of the annual water usage, in acre-feet, for
				the previous 10 years of actual irrigation;
(5) the authorized annual quantity of water associated with the
				water right;
(6) the bid price expressed on a "per acre-foot of historic
				consumptive water use" basis;
(7) if the land is going to be planted to permanent cover, a
				dry land transition plan;
(8) documentation that verifies historical crop information for
				the previous 10 years of actual irrigation;
(9) documentation of the normal rate of diversion during the
				normal irrigation season. If the documentation is not based on data from an
				accurate water flowmeter, the results of a certified well flow rate test
				conducted no more than six months before the application date by a person or
				entity approved by the chief engineer and in a manner prescribed by the chief
				engineer shall be used for this documentation;
(10) the total amount of historic consumptive water use
				available for permanent retirement or permanent reduction under the water right
				as determined from the calculation method specified in
				K.S.A.
				2-1930, and amendments thereto; and
(11) the total amount of historic consumptive water use being
				proposed for permanent retirement of a water right or permanent reduction of a
				water right and specification of whether only a partial water right is being
				submitted for permanent retirement in the application.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 12 - WATER RIGHT TRANSITION ASSISTANCE PILOT PROJECT PROGRAM › Section 11-12-4 - Payment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each water right owner shall sign a water right transition
				assistance grant agreement before payment is made by the division. Each grant
				agreement shall include the following provisions:
(1) The price to be paid by the division to the water right
				owner for the dismissal or permanent reduction of the subject water right and
				the terms of payment;
(2) the date on which the agreement will become
				effective;
(3) the file number of the water right to be retired or
				permanently reduced;
(4) one of the following statements:
(A) The approval is conditional on documentation being provided
				to the division indicating that the chief engineer has dismissed or permanently
				reduced the water right and ordered its priority to be forfeited; or
(B) the approval is conditional on documentation being provided
				to the division indicating any terms of the chief engineer to continue
				irrigation on a limited basis, not to exceed three years, for the purpose of
				establishing permanent vegetation. The documentation shall include the date on
				which the water right dismissal will become effective and its priority will be
				forfeited; and
(5) if the point of diversion is located within a GMD, a
				provision that any remaining water user charges assessed by the district before
				the water right is dismissed will remain the sole responsibility of the owner
				of the water right.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 12 - WATER RIGHT TRANSITION ASSISTANCE PILOT PROJECT PROGRAM › Section 11-12-5 - Transition to dry land

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If land that will no longer be irrigated is to be planted,
				under this program, to permanent vegetation including warm or cool season
				grasses, the chief engineer may be requested by the division to condition the
				dismissal of the associated water right to allow limited irrigation of the land
				for up to three years to establish this cover.
(b) The applicant shall submit a dry land transition plan to
				the division if land is to be planted to warm or cool season grasses or other
				permanent vegetation. A dry land transition plan may be disapproved by the
				executive director of the division and modifications to any dry land transition
				plan may be required by the executive director of the division if the plan does
				not meet the requirements for soil erosion prevention practices in section IV
				of the "Kansas field office technical guide" as adopted by reference in
				K.A.R.
				11-7-14 .
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 12 - WATER RIGHT TRANSITION ASSISTANCE PILOT PROJECT PROGRAM › Section 11-12-6 - Dismissal or permanent reduction of water right

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each water right or partial water right for which payment
				is received from the program shall be dismissed or permanently reduced by the
				chief engineer, and the priority of the water right or that portion of the
				water right shall have been forfeited.
(b) A copy of the WWC-5 form that has been filed with the
				Kansas department of health and environment as a result of the well plugging or
				well capping, the written verification of a domestic well retrofitting, or the
				written authorization for a well to be placed on inactive status shall be
				provided to the division before the grantee receives the first payment. The
				requirements specified in this subsection shall be temporarily waived if a
				conditional water right is approved by the chief engineer under a dry land
				transition plan.
(c) For wells approved to continue operating under a dry land
				transition plan, a copy of the WWC-5 form that has been filed with the Kansas
				department of health and environment as a result of the well plugging or well
				capping, the written verification of a domestic well retrofitting, or the
				written authorization for a well to be placed on inactive status shall be
				provided to the division within 60 calendar days of the last time that the
				permanent vegetation is irrigated.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 12 - WATER RIGHT TRANSITION ASSISTANCE PILOT PROJECT PROGRAM › Section 11-12-7 - Petition for reconsideration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any water right owner may request reconsideration of any
				decision of the division by filing a petition for reconsideration.
(b) Each petition for reconsideration shall be submitted in
				writing to the division within 30 calendar days of the division's decision and
				shall state why the decision should be reviewed by the secretary and why the
				decision should be affirmed, modified, or reversed.
(c) The secretary's final decision shall state each reason for
				this determination.
(d) The decision of the division shall be considered the final
				agency action if no petition for reconsideration of that decision has been
				received by the division after 30 calendar days from the date on which the
				decision was made.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 13 - KANSAS SEDIMENT AND NUTRIENT REDUCTION INITIATIVE › Section 11-13-2 - Initiative requirements for new applications; funds for existing contracts

Current through Register Vol. 43, No. 28, July 11, 2024
On and after the effective date of this regulation, all new
				applications for the initiative shall be required to meet the requirements in
				this article of the division of conservation's regulations. These requirements
				shall be known as the Kansas sediment and nutrient reduction initiative, which
				consists of the new requirements for the Kansas water quality initiative. All
				persons with parcels currently enrolled in the initiative with contracts whose
				terms have not yet expired shall continue to be paid through funds made
				available under K.S.A. 2-1915, and amendments thereto, and any other available
				sources.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 13 - KANSAS SEDIMENT AND NUTRIENT REDUCTION INITIATIVE › Section 11-13-3 - Selection of applicants for initiative

Current through Register Vol. 43, No. 28, July 11, 2024
Funding may be distributed to initiative applicants for
				proposed projects that meet the eligibility requirements specified in K.S.A.
				2-1915  and K.S.A. 2017 Supp. 2-1933, and amendments thereto, and the director's
				requirements as follows:
(a) Land
			 shall lie within a tier 1 area or a tier 2 area of the initiative-eligible area
			 and meet the basic eligibility criteria for CRP.
(b) To be eligible for tier 1 area payments,
			 all of the land shall be within the tier 1 area. To be eligible for tier 2 area
			 payments, all of the land shall be within the tier 2 area.
(c) Land that has an existing CRP contract or
			 an approved offer with a CRP contract pending shall not be eligible for the
			 initiative.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 13 - KANSAS SEDIMENT AND NUTRIENT REDUCTION INITIATIVE › Section 11-13-4 - Haying and grazing

Current through Register Vol. 43, No. 28, July 11, 2024
Any eligible initiative applicant that is authorized to hay or
				graze, or both, pursuant to an existing CRP contract may conduct these
				activities upon initiative-eligible land without penalty.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 13 - KANSAS SEDIMENT AND NUTRIENT REDUCTION INITIATIVE › Section 11-13-5 - Practices eligible for incentive payments

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Any of the following practices may be eligible for incentive payments:
(1) Grassed waterways;
(2) shallow water areas for
			 wildlife;
(3) filter
			 strips;
(4) riparian
			 buffers;
(5) wetland
			 restorations;
(6) improvements to
			 farmable wetland or farmable wetland buffers by utilizing any of the practices
			 listed in this regulation or any other conservation practice approved by the
			 director;
(7) bottomland timber
			 establishment; or
(8) habitat
			 buffers for upland birds.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 13 - KANSAS SEDIMENT AND NUTRIENT REDUCTION INITIATIVE › Section 11-13-6 - Incentive payments; refunds

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Incentive
			 payments under the initiative shall be made on a onetime basis coinciding with
			 enrollment in the CRP. Each incentive payment shall be an upfront payment on
			 all eligible acres enrolled.
(b)
			 Incentive payments shall not exceed the following:
(1) $225.00 per acre in tier 1 areas;
			 and
(2) $162.50 per acre in tier 2
			 areas.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 1 - GENERAL PROVISIONS › Section 12-1-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
a. Act The term "act" shall refer to the agricultural labor relations act, K.S.A. 44-818
et seq.
, and amendments. Terms used in these rules shall have the same meaning as defined in the act unless their context clearly indicates otherwise.
b. Computation of time Whenever the time limited in these rules for any act is seven days or more, Saturdays, Sundays and legal holidays shall be included in making the computation. Whenever the time so limited is less than seven days, Saturdays, Sundays and legal holidays shall be excluded. Whenever the last day of any such period shall fall on a Saturday, Sunday or legal holiday, such day shall be omitted from the computation. The board, for good cause shown, may extend any time prescribed in these rules. Computation of time shall commence when service to a party is made by the board.
c. Party The term "party" as used herein shall mean any agricultural employee, employee organization, or agricultural employer filing a complaint, petition, or application under the act or these rules; any agricultural employee, employee organization or agricultural employer named as a party in a complaint or petition filed under the act or these rules; or any person, organization or agricultural employer whose timely motion to intervene in a proceeding has been granted.
d. Board The term "board" shall mean the agricultural labor relations board established pursuant to K.S.A. 44-820, or such person or persons designated by said board to act in its behalf.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 1 - GENERAL PROVISIONS › Section 12-1-2 - Scope

Current through Register Vol. 43, No. 28, July 11, 2024
a. Waiver In the event that the application of these rules would not be feasible or would work an injustice, the board may waive or suspend the rules at any time or in any proceeding unless such action results in depriving a party of substantial rights.
b. Separability If any provisions of these rules be held invalid, it shall not be construed to invalidate any of the other provisions of these rules.
c. Filing annual report Every employee organization having one hundred or more members shall file with the board a copy of the annual report required pursuant to K.S.A. 44-806.
d. Proof of employee organization Kansas license Every person who shall act or attempt to act for any employee organization shall show proof of being licensed in Kansas as provided in K.S.A. 44-804  before that person will be allowed to participate in proceedings under the agricultural labor relations act, K.S.A. 44-818
et seq.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-1 - Service of process and other board documents

Current through Register Vol. 43, No. 28, July 11, 2024
a. Method; proof; complaints, orders, and other processes and papers of the board Complaints, decisions and orders and other processes and papers of the board may be served personally, by certified mail, by telegraph or by leaving a copy thereof in the proper office or place of business of persons to be served. The return by the individual so serving the same, setting forth the manner of such service, shall be proof of the same, and the return post office receipt or telegraph receipt, when certified and mailed or telegraphed as aforesaid, shall be proof of service of the same.
b. Service by a party The moving party and the respondent in any action shall be required to file an original and three copies of any pleadings with the board either in person or by certified mail.
c. Service upon attorney If a party appears by its attorney, all papers other than the complaint, notice of original hearings, and decisions and orders may be served as hereinafter provided upon such attorney with the same force and effect as though served upon the party.
d. Service by the board The board shall be required to serve all parties to an action with all papers duly filed with the board.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-2 - Hearings

Current through Register Vol. 43, No. 28, July 11, 2024
a. General provisions
1. Hearings may be conducted by the board, or any member or members thereof, or any member of its staff or other individual designated by the board. In the event a duly-appointed hearing examiner is unable to continue a hearing, such hearing may be reconvened at a later date, when the appointed examiner is available, or with the consent of all parties a hearing officer may be substituted.
2. The hearing shall be limited to pertinent matters necessary to determine questions relating to the immediate controversy.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-3 - Intervention

Current through Register Vol. 43, No. 28, July 11, 2024
Any third party having a legitimate interest in any proceedings may file a petition of intervention setting forth facts sufficient to establish such interest and requesting that the board resolve contested factual matters in its favor. Any organization which has a signed, valid memorandum of agreement encompassing the proposed unit or any portion thereof shall be considered to have a legitimate interest in any proceedings upon presentation of same.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-4 - Authorization cards; acceptability

Current through Register Vol. 43, No. 28, July 11, 2024
Evidence of representation or legitimate interest may be either by individual authorization cards or by petition. In either case, the petition or card shall show the address and social security number of, and be signed and dated by, the employee expressing an intent to be represented by a specific employee organization. A card or petition signed and dated by an agricultural employee less than one-hundred eighty days prior to the date on which the petition was filed shall constitute prima facie evidence of continuation of such authorization.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-5 - Validity of showing of interest

Current through Register Vol. 43, No. 28, July 11, 2024
a. The proof of interest submitted shall not be furnished to any of the parties. The board shall determine the adequacy of the showing of interest and such decision shall not be subject to collateral attack at a hearing before the board. Proof of interest shall not be required until after unit determination has been made by the board.
b. All agricultural employers shall be required to furnish the board with an alphabetical listing of all employees within the appropriate unit as expeditiously as possible, not to exceed thirty days after the filing of a petition for a certification election following unit determination, unless otherwise directed by the board or its agent.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-6 - Units

Current through Register Vol. 43, No. 28, July 11, 2024
a. Determining appropriate unit
1. Any unit may consist of all of the employees of the agricultural employer, or any department, division, section or area, or party or combination thereof, if found to be appropriate by the board, except as otherwise provided in the act or these rules.
2. In considering whether a unit is appropriate, the board shall consider the provisions of K.S.A. 44-823(e)  and whether the proposed unit of the agricultural employees is a distinct and homogenous group, with significant problems which can be adjusted without regard to the other agricultural employees of the agricultural employer. It may also consider the relationship of the proposed unit to the total organizational pattern of the agricultural employer. Neither the extent to which agricultural employees have been organized by an employee organization nor the desires of a particular group of agricultural employees to be represented separately or by a particular employee organization shall be controlling on the question of whether a proposed unit is appropriate.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-7 - Petition for unit determination, unit clarification and investigation or certification of employee organization

Current through Register Vol. 43, No. 28, July 11, 2024
a. Petition; filing A petition may be filed with the board by an employee organization or group of agricultural employees or agricultural employer. The petition form shall be provided by the board. The original petition shall be signed by the petitioner or his or her authorized representative and the original and three copies thereof shall be filed with the board.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-8 - Procedure following filing of petitions

Current through Register Vol. 43, No. 28, July 11, 2024
a. Petition; amendment or withdrawal Any petition may be amended, in whole or in part, or withdrawn by the petitioner at any time prior to the filing of an answer by any interested party. A petition may be amended or withdrawn by the petitioner after the filing of an answer by any party or after the board has acted thereon, only with the approval of the board and upon such conditions as the board may deem proper and just.
b. Answers Each party shall file an answer to the petition within seven days after receipt thereof. The board may extend the time for filing an answer upon showing of good cause. Failure to answer within seven days shall be deemed as an admission by said party to all allegations in the petition.
c. Investigation Subsequent to the filing of a petition, the board shall direct an investigation of all questions concerning representation, including, if applicable, whether the proof of interest requirement, as set forth in the above rules, has been met, whether more than one employee organization seeks to represent some or all of the employees in the allegedly appropriate unit, and whether there is agreement among the parties as to the appropriateness of the alleged unit.
d. Hearings The board may conduct a hearing, pursuant to K.S.A. 44-823(c), in which event it or its agent shall prepare and cause to be served upon the parties a notice of hearing before the board or its agent at a time and place fixed therein. A copy of the petition shall be served within the notice of hearing.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-9 - Elections eligibility and conditions

Current through Register Vol. 43, No. 28, July 11, 2024
a. General Provisions
1. If the board, upon petition of an employee organization, determines that an employee organization has made a valid showing of interest, it shall order that an election be conducted by such person or persons as may be designated by the board.
2. All elections shall be held not later than thirty days from date of validation of the first submitted proof of interest or such other date as the board or its agent may specify, at such times and places and upon such terms or conditions as the board or its agent may specify.
3. The employees eligible to vote shall be those on the payroll on the date of the validation of proof of interest and who remain on the payroll on the date of the election.
4. Upon validation of proof of interest the board shall immediately furnish a list of names and addresses of all eligible employees in the appropriate unit to all employee organizations submitting proof of interest.
5. A motion for intervention for purpose of representation on an election ballot at a certification election shall not be entertained during the ten days immediately preceding said election.
6. At least seven days prior to the election, the board shall cause a notice of election and sample ballot to be posted in conspicuous areas where employees in the affected unit assemble.
Kansas Administrative Regulations › Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD › Article 2 - PROCEDURE › Section 12-2-11 - Certification of election results

Current through Register Vol. 43, No. 28, July 11, 2024
a. Certification If no objections are filed within the time set forth above, and if no run-off election is to be held, the board or its agent shall forthwith issue to the parties a certification of the results of the election, including certification of representative, where appropriate. All employee organizations shall be certified as of the last day of the election.