reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 4 - VETERAN MEMORIAL DONATIONS TO THE KANSAS COMMISSION ON VETERANS' AFFAIRS FOR THE CONSTRUCTION AND MAINTENANCE OF CAPITAL IMPROVEMENT PROJECTS › Section 97-4-6 - Financial reporting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each project representative shall, within 30 days after
				each of the quarters ending in March, June, September, and December of each
				year beginning when the project is approved and continuing until a project
				completion certificate is signed, submit to the commission a statement showing
				the total amount received into each fund for the approved project and the total
				amount expended from each fund for overhead, specifying all program expenses,
				administration expenses, and fund-raising expenses. Each quarterly statement
				for a project shall also include line items for key personnel salaries,
				expenses charged against the project, and the cash balances of each fund at the
				beginning and close of each quarter.
(b) Each quarterly statement shall become part of the official
				KCVA meeting minutes.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 4 - VETERAN MEMORIAL DONATIONS TO THE KANSAS COMMISSION ON VETERANS' AFFAIRS FOR THE CONSTRUCTION AND MAINTENANCE OF CAPITAL IMPROVEMENT PROJECTS › Section 97-4-7 - Procedures for appointment of the advisory committee; dissolution of the advisory committee

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When a project is accepted by the commission, an advisory
				committee shall be appointed by the commission during a scheduled commission
				meeting, to further develop and refine the project.
(b) The scope and cost of each capital improvement project
				shall dictate the size of the advisory committee. Each advisory committee shall
				consist of at least the following:
(1) One or more state legislators representing the area where
				the memorial for veterans will be located;
(2) the commissioner representing the area where the memorial
				for veterans will be located;
(3) the director or the superintendent responsible for the
				property where the memorial for veterans will be located; and
(4) the project representative.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 4 - VETERAN MEMORIAL DONATIONS TO THE KANSAS COMMISSION ON VETERANS' AFFAIRS FOR THE CONSTRUCTION AND MAINTENANCE OF CAPITAL IMPROVEMENT PROJECTS › Section 97-4-8 - Procedures following advisory committee submission of a final project plan

Current through Register Vol. 43, No. 28, July 11, 2024
Within 30 days of the director's receipt of a final project
				plan from an advisory committee, the following shall be submitted by the
				director to the secretary of administration for review:
(a) The minutes from the commission meeting showing the
				commission's discussion and approval of the proposal;
(b) three copies of the proposal, including funding sources for
				the memorial, a financing budget for ongoing maintenance that includes the
				source of funds for maintaining the memorial, and the design plan and
				specifications. The design plan and specifications shall be required to be
				approved by the secretary of administration before submission to the joint
				committee on state building construction;
(c) the names of the advisory committee members; and
(d) a cover letter indicating the commission's approval of the
				project and a statement of assurance that the memorial meets the requirements
				of the KCVA.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 5 - FINANCIAL BENEFITS TO DEPENDENTS OF PRISONERS OF WAR, PERSONS MISSING IN ACTION, OR WHO DIED AS A RESULT OF INJURIES SUFFERED IN THE LINE OF DUTY › Section 97-5-1 - Application for benefits

Current through Register Vol. 43, No. 28, July 11, 2024
Persons interested in applying for benefits provided by this
				chapter shall initiate a formal application to the executive director, Kansas
				veterans' commission, 701 Jackson Street, Topeka, Kansas 66603. The application
				must be complete and documented to establish legal relationship between
				applicant and parent, formal military evidence to establish prisoner of war,
				missing in action, or line of duty death during Viet Nam conflict while serving
				in the U.S. armed forces in the geographical area of the Viet Nam conflict of
				applicants parents', the name and address of the school, the anticipated date
				of enrollment, and evidence that the school has agreed to accept the applicant
				as a student.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 5 - FINANCIAL BENEFITS TO DEPENDENTS OF PRISONERS OF WAR, PERSONS MISSING IN ACTION, OR WHO DIED AS A RESULT OF INJURIES SUFFERED IN THE LINE OF DUTY › Section 97-5-2 - Determinations of eligibility

Current through Register Vol. 43, No. 28, July 11, 2024
Determinations as to eligibility based on parents' residency at
				the time of entry into military service will be made by the Kansas veterans'
				commission based on all evidence available at the time of application.
				Determinations of prisoner of war, missing in action, or line of duty death, or
				injury causing death while serving in the U.S. armed forces in the geographical
				area of the Viet Nam conflict, will be made by the Kansas veterans' commission
				based on all available evidence at the time of application.
Determinations of semester equivalency will be made by the
				Kansas veterans' commission based on all facts obtainable where an eligible
				dependent enrolls in any course not on a semester basis.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article, unless the context clearly requires
				otherwise, the following terms shall have the meanings specified in this
				regulation:
(a) "Accrediting" means certifying either of the following to
				act as an agent in or to have a power of attorney for the preparation,
				presentation, or prosecution of any claim under laws administered by the
				secretary of the United States department of veterans affairs (USDVA):
(1) Any individual who represents a congressionally chartered
				veterans service organization recognized by the secretary of the United States
				department of veterans affairs (USDVA); or
(2) any veterans service representative employed by the Kansas
				commission on veterans' affairs, which is recognized by the secretary of the
				United States department of veterans affairs (USDVA).
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-2 - Intent to participate; review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The KCVA forms necessary to establish intent to participate
				in the service grant program shall be sent by the KCVA, on or before July 10
				each year, to each VSO located in the VARO. Each VSO wanting to participate in
				the service grant program shall submit its signed intent to participate forms
				on or before August 1 that year.
(b) The veterans claims assistance advisory board shall review
				each VSO's submitted forms to determine that VSO's eligibility pursuant to L.
				2006, ch. 153 and amendments thereto. The board's chairperson shall use the
				forms to develop the budget for the service grant program for the upcoming
				budget year. Upon approval of grant fund appropriations, the veterans claims
				assistance advisory board shall review the budget of each approved VSO. The
				veterans claims assistance advisory board shall recommend to the commission the
				distribution of grant funds based on the number of eligible recipients, the
				state appropriations, and each approved VSO's budget, workload, and staffing.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-4 - VSO services, staff, training, and other support

Current through Register Vol. 43, No. 28, July 11, 2024
To retain accreditation, each VSR shall be required to be
				certified each year by the KCVA. To receive KCVA certification, each VSR shall
				attend annual training and successfully complete a written examination on all
				parties' duties and responsibilities and on the types of assistance available
				to each veteran and the veteran's spouse, dependents, and survivors.
(a) All VSOs participating in the service grant program, in
				coordination with the director, shall develop an annual training program. Each
				KCVA VSR shall be required to attend annual training. Each VSR whose employer
				is participating in the service grant program shall attend training required by
				the VSOs participating in the service grant program or the annual KCVA training
				to retain accreditation by the VSO or KCVA, or both. This training shall
				include the following:
(1) Accreditation training for each individual who has been a
				VSR for less than 18 months, which shall include the following:
(A) An introduction to veteran advocacy designed to teach the
				basics of service-connected compensation, pensions, death benefits, and other
				USDVA programs;
(B) information about each of the USDVA programs;
(C) the necessary forms to be completed;
(D) subject matter relating to the development and submission
				of claims for pensions, compensation, and other veterans' entitlements; and
(E) any other subject matter determined by the veterans claims
				advisory board as necessary for an individual who wishes to become an
				accredited representative as outlined in 38 U.S.C. 5902 and for any other
				individual wishing to improve that individual's knowledge of the USDVA claims
				process;
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-5 - Claims processing requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each VSO shall perform the following in processing each initial
				claim:
(a) Receiving the claim form, which a veteran can submit to the
				veterans claims assistance program staff in person, through a KCVA field
				office, or through the mail;
(b) date-stamping the claim upon receipt;
(c) establishing the claim by entering basic information about
				the veteran and the claim into a computer system and setting up a claim file
				folder;
(d) checking the claim to ensure that all information needed as
				part of a claim for USDVA benefits is included and that all forms are completed
				as required;
(e) developing the claim by reviewing the claim file folder for
				military service and medical information, requesting and obtaining any missing
				information, and reviewing all pertinent information to determine eligibility;
(f) completing any additional claim improvement actions, as
				necessary; and
(g) submitting the claim to the VARO for processing.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-6 - Grant agreement requirements

Current through Register Vol. 43, No. 28, July 11, 2024
The director shall ensure that each grant agreement developed
				for the service grant program meets the following requirements:
(a) Incorporates or includes, as an attachment, the standard
				contractual terms and conditions prescribed by the secretary of administration;
(b) identifies the parties participating in the grant
				agreement;
(c) identifies the scope of activities that the VSO is required
				to perform or to assist in the performance of;
(d) outlines the permitted and required uses and types of
				disclosure of protected health information;
(e) identifies the claims program officer;
(f) provides for authority for veterans claims assistance staff
				to audit service grant program participants' records;
(g) outlines the period of performance under the grant
				agreement; and
(h) specifies the maximum amount of the grant award.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-7 - Responsibilities of parties to the grant agreements

Current through Register Vol. 43, No. 28, July 11, 2024
Each party to a grant agreement shall promote the veterans
				claims assistance program and the service grant program by cooperatively
				developing outreach materials and working together.
(a) Each party shall establish uniform program goals for all
				VSRs in support of the veterans claims assistance program. Each VSR shall
				accept any VSO designated in a POA by a veteran when submitting a claim. The
				VSR shall provide the veteran with a list of VSOs participating in the service
				grant program. If the veteran designates a nonparticipating VSO in the
				veteran's POA, the VSR shall notify the veteran in writing that the designated
				VSO does not participate in the veterans claims assistance program and shall
				inform the veteran of any limitations regarding the veteran's claim that could
				result.
Employees of the KCVA or service grant participant VSOs shall
				submit each claim through the office of the veterans claims assistance quality
				assurance program in the VARO.
(b) The director shall coordinate outreach efforts among
				participating VSOs to reach veterans in rural areas. Participating VSOs shall
				provide the director with an opportunity to participate in regional and state
				meetings to provide information on the operation of one-stop service centers.
(c) Each participating VSO shall perform the following:
(1) Meet the reporting requirements outlined in K.A.R. 97-6-9;
(2) separately account for the uses of grant funds;
(3) utilize forms and computer software for reporting
				service-related information to ensure that the information is accurate;
(4) accept all claims submitted by each veteran and the
				veteran's spouse, dependents, and survivors; and
(5) within 30 days of signing the grant agreement, submit all
				documentation necessary to cross-accredit VSRs.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-8 - Duration of grants; insurance requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each grant shall be for one state fiscal year, starting
				July 1 and ending the following June 30. Grant payments shall be made monthly
				upon receipt of each approved invoice of expenditures and monthly traffic and
				monetary reports. The director shall review invoices based on the criteria
				outlined in  L. 2006, ch. 153,  sec. 1(d)   and amendments thereto. If payment of
				an invoice is denied as an ineligible expenditure, the VSO may appeal the
				decision in writing to the commission, which may forward the appeal to the
				veterans claims assistance advisory board for a recommendation within the time
				specified by the chair of the commission. The recommendation of the veterans
				claims assistance advisory board shall be reviewed by the KCVA before the KCVA
				makes a final determination. Any unexpended funds shall be returned by the KCVA
				to the state of Kansas.
(b) Each VSO shall obtain and keep in force the following types
				of insurance coverage from any insurance company authorized to do business in
				Kansas, during the term of the grant contract:
(1) Commercial general liability insurance, including premises
				or operations coverage, contractual coverage, and, if applicable, products or
				completed operations coverage;
(2) professional liability insurance, which is also known as
				errors and omissions insurance, for errors or the failure of the insured to
				perform work as promised in a contract, with minimum liability limits of
				$500,000 for each person and $1,000,000 for each occurrence; and
(3) workers compensation coverage meeting all statutory
				requirements.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-9 - Format and frequency of reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On or before the tenth day of each month, each
				participating VSO shall submit the following to the director on forms provided
				by the director:
(1) The monthly traffic report, which shall contain the
				following information for the previous calendar month:
(A) The number of contacts;
(B) the number of pieces of correspondence;
(C) the number of USDVA forms processed;
(D) the number of non-USDVA forms processed;
(E) the number of USDVA claims allowed;
(F) the number of USDVA claims denied;
(G) the number of USDVA board hearings; and
(H) the number of appearances before a USDVA rating board;
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-10 - Quality assurance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A quality assurance program office in the VARO's one
				stop-service center, as specified in  L. 2006, ch. 153,  sec. 1(c)   and amendments
				thereto, shall be established by the KCVA. KCVA VSRs shall be appointed by the
				KCVA as quality assurance program staff, who shall review each claim for both
				of the following:
(1) Development of the claim. The staff shall ensure that all
				of the development required for each claim is completed. This development shall
				include notifying any claimant or representative from whom further information
				is needed and, if necessary, following up with any claimant or representative.
(2) Eligibility of the claimant. The staff shall review each
				claim for the claimant's eligibility for the benefit being sought, based on the
				following:
(A) The claimant's military service record;
(B) the character of the claimant's discharge;
(C) any contributions made by the claimant to the veterans'
				benefit program, if applicable;
(D) any qualifying disability, if applicable;
(E) delimiting dates;
(F) any requests for VA counseling;
(G) any change in the veterans' benefit program; and
(H) any processing limitations.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 6 - VETERANS CLAIMS ASSISTANCE PROGRAM AND THE SERVICE GRANT PROGRAM › Section 97-6-11 - Director's duties

Current through Register Vol. 43, No. 28, July 11, 2024
The director shall oversee the day-to-day operations of the
				veterans claims assistance program and the service grant program. The director
				shall report directly to the commission when acting as the chairperson of the
				veterans claims assistance advisory board, pursuant to  L. 2006, ch. 153,  sec. 2(a)   and amendments thereto. The director's duties shall include the following:
(a) Developing the budget for the veterans claims assistance
				program and the service grant program;
(b) collecting data and information about benefits and services
				and making the data and information available to veterans and their spouses,
				dependents, and survivors;
(c) working with and annually updating VSOs participating in
				the service grant program and receiving input for use by the KCVA and the
				legislature;
(d) reviewing invoices and requests for payment and ensuring
				that each VSO's requests for payment meet the statutory and regulatory
				requirements;
(e)
(1) Collecting the annual audited financial statement from
				each VSO participating in the service grant program; and
(2) reviewing each statement;
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 7 - VIETNAM WAR ERA MEDALLION PROGRAM › Section 97-7-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in  L. 2009, ch. 62, secs. 1 through 6 and amendments
				thereto and these regulations, each of the following terms shall have the
				meaning specified in this regulation:
(a)
(1) "Active service" and "active duty" shall include the
				following:
(A) For a member of an active component of the armed forces of
				the United States, the time served on active duty for which the member has
				received or is eligible to receive the Vietnam war era medallion for service
				related to the Vietnam war; and
(B) for a member of the armed forces of the United States, time
				served on active duty for the support of operations in the Vietnam war whether
				or not that service was in the country of Vietnam.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 7 - VIETNAM WAR ERA MEDALLION PROGRAM › Section 97-7-2 - Veteran status

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To be considered a veteran for purposes of the program,
				each applicant shall establish both of the following to the satisfaction of the
				director of veteran services:
(1) The person for whom the application under the program is
				submitted is a veteran.
(2) The person for whom the application under the program is
				submitted meets the requirements specified in  L. 2009, ch. 62,  sec. 1, and
				amendments thereto.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 7 - VIETNAM WAR ERA MEDALLION PROGRAM › Section 97-7-4 - Applicants on behalf of deceased veterans

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The following individuals shall be eligible to apply under
				the program on behalf of eligible deceased veterans. Eligible deceased veterans
				shall include eligible veterans who died in performance of active service or as
				a result of service-connected wounds, diseases, or injuries and veterans who
				would, but for their death before submission of an application, be eligible to
				apply under the program based on active service. Applicants shall be considered
				in the following order:
(1) The surviving spouse of the eligible veteran, unless the
				surviving spouse was living separate and apart from the veteran when the
				veteran commenced active service. The proof of spousal status required shall be
				the same as the proof that would be accepted by the United States department of
				veterans affairs. The surviving spouse shall certify that the individual was
				not living separate and apart from the eligible veteran when the veteran
				commenced active service. If a surviving spouse qualifies under the program,
				the Vietnam war era medallion, medal, and certificate of appreciation shall be
				awarded to the surviving spouse at the time of the veteran's death;
(2) survivor, which shall mean the eldest surviving child of
				the eligible veteran if there is no eligible surviving spouse. The eldest
				surviving child shall certify that there is no eligible surviving spouse, as
				part of the application; and
(3) the surviving parents of the eligible veteran, if there are
				no eligible surviving spouse and no eligible surviving children. The surviving
				parents shall certify that there are no eligible surviving spouse and no
				eligible surviving children, as part of the application.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 7 - VIETNAM WAR ERA MEDALLION PROGRAM › Section 97-7-5 - Application procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Forms. Each application for benefits under the program
				shall be submitted on a form provided by the Kansas commission on veterans'
				affairs.
(b) Submission. Each application shall be submitted to the
				address designated by the Kansas commission on veterans' affairs on the
				application form.
(c) Additional documentation. Each application shall be
				accompanied by the required number of copies, as stated on the application, of
				supporting documentation from official military records of the United States
				armed forces or its reserve components, including DD form 214 or similar
				documentation showing periods of active service, and documentation of the
				veteran's home of record. If the application is submitted on behalf of a
				deceased veteran, a copy of the death certificate shall be attached.
(d) Review of applications. The director of veteran services
				shall conduct a review of each application for completeness. If the application
				is deemed complete, the director shall review the application to determine
				eligibility.
(e) Incomplete applications. Each incomplete application shall
				be returned to the applicant.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 7 - VIETNAM WAR ERA MEDALLION PROGRAM › Section 97-7-6 - Reconsideration of denied applications

Current through Register Vol. 43, No. 28, July 11, 2024
Any applicant who is dissatisfied with the disposition of the
				application may ask the Kansas commission on veterans' affairs to reconsider
				the disposition. Each request for reconsideration shall meet the following
				requirements:
(a) Be submitted within 30 days of receipt of the initial
				disposition of the application;
(b) be in the form of a letter or memorandum;
(c) state why the applicant is dissatisfied with the
				disposition; and
(d) state the reasons, including facts and circumstances, the
				applicant believes the disposition should be altered.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 1 - DEFINITIONS › Section 98-1-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The following definitions shall apply to all regulations of the
				Kansas water office:
(a) "Assignment"
			 means either of the following:
(1) The
			 transfer of any right under a water purchase contract to a third person;
			 or
(2) the transfer to a third
			 person of any of the duties and obligations owed by a water contract holder to
			 the state.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 2 - PUBLIC HEARINGS ON THE STATE WATER PLAN › Section 98-2-1 - Notice

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Notice of
			 public hearings on the state water plan or any section of the plan shall be
			 given by the authority to those agencies and persons, both public and private,
			 specified in
			 K.S.A.
			 82a-905, and amendments thereto. The
			 authority shall give notice of these hearings to any other individuals and
			 organizations that the authority deems to have an interest in the subject of
			 that portion of the state water plan.
(b) Notice of any hearing shall be published
			 in the Kansas register at least twice. The first publication shall be no
			 earlier than two months before the first public hearing. In addition to the
			 official notice of public hearings, the authority may issue press releases and
			 post information on the office webpage.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 2 - PUBLIC HEARINGS ON THE STATE WATER PLAN › Section 98-2-2 - Conduct of hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 chairperson of the authority or a member of the authority designated by the
			 chairperson shall preside at each public hearing on the state water
			 plan.
(b) The authority shall
			 request those persons desiring to appear at any public hearing on the state
			 water plan to notify the authority at least five days before the date of the
			 hearing. Those persons who have notified the authority in advance of the
			 hearing of their desire to be heard shall be scheduled to be heard first at any
			 hearing. Any person who has not notified the authority may be heard if the time
			 schedule for the hearing permits. Each person who desires to have a statement
			 made a part of the public record of any hearing on the state water plan shall
			 submit two copies of the statement to the authority. An oral summary of the
			 statement may be presented at the hearing.
(c) The chairperson, members of the
			 authority, and members of the staff of the office may question any person who
			 presents a statement.
(d) The
			 person presiding at any hearing on the state water plan may set time limits on
			 oral presentations and may establish other procedures as appropriate. Hearing
			 procedures shall be announced at the beginning of each hearing.
(e) Any person who is unable to appear at a
			 scheduled hearing may submit a written statement to the office. Statements
			 submitted when the hearing record is open shall be made a part of the public
			 record of the hearing. The hearing record shall remain open for at least 10
			 days following the hearing.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 4 - WEATHER MODIFICATION › Section 98-4-1 - Licenses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No person may
			 engage in any weather modification activity within the state of Kansas without
			 a valid license issued under this regulation and a permit issued under
			 K.A.R.
			 98-4-2 . "Weather modification activity"
			 shall mean any activity, operation, or experimental process that has as its
			 objective inducing change, by artificial means, in the composition, behavior,
			 or dynamics of the atmosphere.
(b)
			 In order to obtain a license under the Kansas weather modification act, the
			 applicant shall demonstrate that the applicant is qualified to conduct a
			 weather modification project of the kind the applicant wishes to conduct in
			 Kansas by the applicant's knowledge of meteorology and cloud physics and that
			 individual's field experience in weather modification. The applicant shall meet
			 the following requirements, in addition to meeting the requirements in
			 subsection (c):
(1) Submit an application for
			 a license to the authority on forms provided by the director. Forms may be
			 requested from the office and may be posted on the office web site. Forms shall
			 be submitted at least 60 days before the start of the proposed operational
			 period and the next authority meeting for consideration; and
(2) pay the $100.00 license fee, unless that
			 fee is waived by the authority because of the educational or experimental
			 nature of the work proposed. The candidate for exemption shall file a request
			 with the director indicating that the educational or experimental nature of the
			 work merits exemption from fees.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 4 - WEATHER MODIFICATION › Section 98-4-3 - Evaluation of permit application

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each permit application shall be evaluated based on the following
			 considerations:
(1) The project can reasonably
			 be expected to benefit the residents of the primary target area or an important
			 segment of the state's population.
(2) The testimony and information presented
			 at the public hearing are generally favorable to the proposed
			 activity.
(3) Economic, social, or
			 research benefits are expected.
(4)
			 The applicant has provided adequate safeguards against potentially hazardous
			 effects to health, property, or the environment and has outlined a program for
			 the implementation of these safeguards.
(5) The proposed project will not have any
			 detrimental effect on previously authorized weather modification
			 projects.
(6) The proposed project
			 is scientifically and technically feasible.
(7) If the application is for a scientific
			 research and development project, it offers promise of expanding the knowledge
			 and technology of weather modification.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 4 - WEATHER MODIFICATION › Section 98-4-4 - Reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each permit
			 holder shall maintain at that individual's project office a current log of all
			 operations, which shall mean a log that has up-to-date information from the
			 past 24 hours. This log shall be available for inspection by any person
			 authorized by the director. The log shall include information at least
			 equivalent to information required on the log forms available from the
			 office.
(b) Each permit holder
			 shall submit a monthly report of weather modification activities under the
			 permit for each calendar month for which the permit is valid. Each monthly
			 report shall be submitted no later than the close of business on the 15th day
			 of the following month. One copy of all entries made in the weather
			 modification logs shall be included when making the monthly reports, unless
			 more detailed information is required when the permit is granted by the
			 director.
(c) Each permit holder
			 shall submit a preliminary annual report within 30 days after the end of each
			 calendar year or within 30 days after the end of the project, whichever comes
			 first. The permit holder shall also submit a final annual report on the project
			 within 90 days after the end of the project. These reports shall include the
			 following:
(1) Monthly and project period
			 totals for information required in the logs; and
(2) the permit holder's interpretation of
			 project effects as compared to those anticipated in the original application
			 for the permit.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 4 - WEATHER MODIFICATION › Section 98-4-5 - Procedure for granting emergency permits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A permit may be granted on an emergency
			 basis if evidence is presented to the director that clearly identifies the
			 situation as an emergency. "Emergency" shall mean an unusual condition that
			 could not have reasonably been expected or foreseen and in which it can be
			 anticipated that damage can be avoided or reduced by prompt weather
			 modification action.
(b) Upon the
			 applicant's presentation of evidence satisfactory to the director that an
			 emergency exists or could reasonably be expected to exist in the very near
			 future that could be alleviated or overcome by weather modification activities,
			 an emergency permit may be issued by the director to an individual holding a
			 license issued under
			 K.S.A.
			 82a-1401  et seq., and amendments thereto.
			 Coincident with the issuance of the permit, the information contained in the
			 permit shall be released by the director to the news media in the area intended
			 to be affected.
(c) If the permit
			 holder desires to continue the permit activities and the director grants an
			 emergency permit, a date for the public hearing shall be set by the director
			 within 10 days after the permit is granted. The permit holder shall be
			 responsible for providing public notice of the hearing through the local news
			 media in the area. At the public hearing, the permit holder shall describe the
			 following:
(1) The objectives of the emergency
			 action;
(2) the success to date;
			 and
(3) any future plans under the
			 permit.
On the basis of the information presented at the public
				hearing, the decision of whether to revoke the emergency permit, modify it, or
				allow continued operation under conditions specified by the director shall be
				made by the director.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 4 - WEATHER MODIFICATION › Section 98-4-8 - Field operations

Current through Register Vol. 43, No. 28, July 11, 2024
As provided in
			 	 K.A.R.
				98-4-3(b),  the license
				holder or a substitute license holder approved by the director shall be on duty
				at the license holder's project site at all times while weather modification
				activities are being carried out.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 5 - STATE WATER PLAN STORAGE › Section 98-5-2 - Applications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application to enter into a water purchase contract shall be submitted in
			 writing on forms prescribed by the director and shall be signed by the person
			 making the application or the person's chief officer or designated
			 representative. The application shall be filed with the director.
(b) Each application shall include the
			 following information:
(1) The name and
			 address of the applicant;
(2) the
			 reservoir from which the applicant proposes to withdraw water;
(3) the peak daily rate at which the
			 applicant proposes to withdraw water and the total annual quantity to be
			 withdrawn;
(4) the uses proposed to
			 be made of waters withdrawn; and
(5) the estimated date of first withdrawal of
			 water.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 5 - STATE WATER PLAN STORAGE › Section 98-5-3 - Request to negotiate

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When an
			 applicant is ready to enter into a water purchase contract, the applicant shall
			 provide written notice of the applicant's desire to enter into negotiations for
			 a contract with the director.
(b)
			 Any applicant may be required by the director to provide information in
			 addition to that included in the application required in
			 K.A.R.
			 98-5-2(b) . This information
			 shall be for the purpose of determining the following:
(1) What is the annual quantity of water
			 needed;
(2) whether the proposed
			 sale of water supply is in the public interest; and
(3) whether the benefits to the state from
			 approval of the contract are greater than the disadvantages to the state from
			 rejection of the contract.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 5 - STATE WATER PLAN STORAGE › Section 98-5-4 - Contract negotiation procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon approval of the authority to begin
			 negotiations, the applicant shall be notified by the director and asked to
			 submit the following items before the commencement of negotiations, unless the
			 requirement is waived:
(1) The anticipated
			 location, legal description, engineering plans, and specifications of all
			 works, ditches, conduits, and watercourses proposed to be constructed or used
			 for the transportation of waters;
(2) the engineering report or other evidence
			 to support the need for the annual quantity of water requested throughout the
			 term of the contract;
(3) a list of
			 alternative sources of water available to the applicant;
(4) specification of whether the applicant
			 has adopted and implemented a water conservation plan;
(5) an engineering report and specifications
			 for metering water pumped or used under the contract;
(6) proof of any easement that is granted by
			 the federal government for rights-of-way across, in, and upon federal
			 government land that is required for intake, transmission of water, and
			 necessary appurtenances;
(7)
			 engineering plans and specifications for any pump, siphon, conduit, canal, or
			 any other device planned to be used to withdraw water from the reservoir;
			 and
(8) any other relevant
			 information that the director may deem necessary, specify, or require for that
			 specific contract request or set of negotiations.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 5 - STATE WATER PLAN STORAGE › Section 98-5-5 - Assignment

Current through Register Vol. 43, No. 28, July 11, 2024
Each water purchase contract shall have the following
				provisions:
(a) The purchaser shall
			 not assign, sell, convey, or transfer all or any part of the water purchase
			 contract or interest in it, unless and until the assignment, sale, conveyance,
			 or transfer has been approved by the director and the authority.
(b) To request permission to assign, sell,
			 convey, or transfer all or any part of a water purchase contract, the purchaser
			 shall provide information requested by the director to consider the
			 request.
(c) Before approving any
			 assignment, sale, conveyance, or transfer of all or any part of the water
			 purchase contract, the authority shall determine that both of the following
			 conditions are met:
(1) The contract was
			 negotiated and signed by the parties to the contract pursuant to
			 K.S.A.
			 82a-901a  et seq. and
			 K.S.A.
			 82a-1301  et seq., and amendments
			 thereto.
(2) The assignment is
			 consistent with, and will advance, the purposes specified in
			 K.S.A.
			 82a-901a  et seq., and amendments
			 thereto.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 5 - STATE WATER PLAN STORAGE › Section 98-5-6 - Rate charged for water

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 rate to be charged for water shall be fixed by the director pursuant to
			 K.S.A.
			 82a-1308a, and amendments thereto. The rate
			 fixed by the director shall be approved by the authority on or before July 15
			 of each calendar year. The rate shall take effect on January 1 of the following
			 year.
(b) The fixed rate shall
			 include amounts to cover the components required in
			 K.S.A.
			 82a-1308a, and amendments thereto, and to
			 meet the needs of the water marketing capital development and storage
			 maintenance plan, as approved by the authority.
(c) The rate fixed for each calendar year
			 shall apply to all water use under contracts negotiated on or after March 17,
			 1983.
(d) For any contract
			 negotiated before March 17, 1983, the rate in effect on the date established by
			 the contract for review and adjustment of the rate charged for water shall
			 become the new rate to be charged for all water that shall be paid for under
			 terms of the contract, up to a maximum rate not to exceed 10 cents per 1,000
			 gallons. The new rate shall remain in effect until the next rate established by
			 the contract for review of the rate charged for water.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 5 - STATE WATER PLAN STORAGE › Section 98-5-7 - Rate charged for surplus water

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 No charges shall be made for surplus water if the water is for streamflow
			 maintenance or reservoir pool management.
(b) The rate to be charged for surplus water
			 shall be the rate set in
			 K.S.A.
			 82a-1308a, and amendments thereto, and
			 defined in
			 K.A.R.
			 98-5-6 . The purchaser shall be obligated to
			 pay for at least 50 percent of the quantity specified in the
			 contract.
(c) The rate charged for
			 surplus water shall change on January 1 of each calendar year, when the new
			 water rate, as described in
			 K.A.R.
			 98-5-6, becomes effective.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 5 - STATE WATER PLAN STORAGE › Section 98-5-8 - Contract provisions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 contract for the sale of water supply shall be on a form specified by the
			 director. If the director determines, during the contract negotiation process,
			 that any article or portion of any article in the standard contract format is
			 not needed or is not applicable, the article or portion of it may be deleted
			 from the standard contract by the director.
(b) Any special requirement not covered in
			 the standard contract format may be added as an additional article in the
			 contract.
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 5 - STATE WATER PLAN STORAGE › Section 98-5-9 - Determination of reservoir yields through a drought with a two percent chance of occurrence in any one year

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following information shall be used by the director in determining the yield of
			 a reservoir through a drought with a two percent chance of occurrence in any
			 one year:
(1) The reservoir analysis as part
			 of the basin system in which the reservoir lies, using one of the following:
(A) All available climatic and hydrologic
			 information for the period of record; or
(B) if the climatic and hydrologic
			 information does not include the drought period of 1952 through 1957,
			 estimation of the climatic and hydrologic information for the drought period of
			 1952 through 1957; and
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 6 - WATER ASSURANCE PROGRAM › Section 98-6-4 - Calculation of charges

Current through Register Vol. 43, No. 28, July 11, 2024
The charges to be paid by the district shall be determined by
				the director as provided in
				K.S.A.
				82a-1345  and amendments thereto, which shall
				include the following:
(a) The amount
			 necessary to cover the amortized capital costs to the state for acquisitions of
			 assurance storage capacity from the federal government necessary to meet the
			 requirements of the operations agreement. The amortized capital costs to the
			 state shall be determined on an individual reservoir basis for reservoirs in
			 the designated basin in which the assurance district is formed as follows:
(1) One lump sum, up-front payment for
			 principal and interest paid, or due to be paid, including any interest which
			 has accumulated through the date of commencement of operations of storage space
			 under the operations agreement;
(2)
			 annual principal and interest payments on revenue bonds issued by the state
			 pursuant to
			 K.S.A.
			 82a-1360  et seq. and amendments
			 thereto;
(3) annual principal and
			 interest payments on revenue bonds issued under authority of the Kansas
			 development finance authority;
(4)
			 equal annual installments for a period not to exceed 10 years for any equity
			 that the state may already have in conservation water supply storage capacity
			 with interest based on a five-year average of the published one-year investment
			 rate for public funds of the pooled money investment board of the state of
			 Kansas, as provided in
			 K.S.A.
			 12-1675a(g)  and amendments
			 thereto, to be adjusted by the office on January 15 of each calendar year of
			 the installment agreement; and
(5)
			 equal annual installments for future use conservation water supply storage
			 capacity called into service by the state under contracts with the army corps
			 of engineers, under the same cost repayment conditions available to the state
			 under those contracts;
Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 7 - LOWER SMOKY HILL WATER SUPPLY ACCESS PROGRAM › Section 98-7-1 - District formation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 application for membership to form the district shall include the following:
(1) The name and signature of each person
			 interested in membership in the district when the application is submitted and
			 an address to receive communication from the director;
(2) the name of one person to answer
			 questions and receive notices from the director;
(3) the quantity of access water that each
			 person desires to purchase if a district is formed;
(4) water right information for each person
			 to be included as part of the district; and
(5) any other information that the applicants
			 can provide to assist in consideration of the petition.