Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 7 - LOWER SMOKY HILL WATER SUPPLY ACCESS PROGRAM › Section 98-7-4 - Contract negotiation procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The water supply access district's
			 governing body may request, in writing, to negotiate with the director for
			 water supply access storage contracts. The request shall be submitted on forms
			 provided by the office and shall include any information requested on those
			 forms. Each request shall include a copy of the water supply access district's
			 certificate of incorporation filed with the secretary of state.
(b) The request to negotiate and the
			 information provided by the water supply access district shall be reviewed by
			 the director. A determination of whether the information provided is sufficient
			 to begin negotiations for a water supply access storage contract shall be made
			 by the director within 30 days of receipt of the request. The water supply
			 access district shall be notified by the director, in writing, if there is a
			 need for additional information or if the request submitted is sufficient to
			 begin negotiations, within 40 days of receipt of the request.
(c) If the director finds that the
			 information provided by the water supply access district is sufficient, and
			 upon approval by the Kansas water authority, negotiations shall
			 commence.
(d) Each person who has a
			 water supply purchase contract or an application for a water supply purchase
			 contract on file with the director shall be notified in writing that
			 negotiations with a water supply access district have been approved. The notice
			 shall be mailed to each person's last known address. Each person so notified,
			 within 20 days following notification by the director, shall file in writing a
			 request to begin negotiations for a written contract or shall forfeit that
			 person's right to participate in the current negotiations for a written
			 contract for a water supply contract or for a water access contract.
(e) Water supply access storage contract
			 negotiations shall be conducted by the director and the board members of the
			 water supply access district.
(f)
			 If the water supply access district and the director cannot agree on terms of a
			 contract, the negotiations may be terminated by either party.
(g) A water supply access contract shall be
			 approved by the director if the director finds that all the following
			 conditions are met:
(1) The approval of the
			 water supply access contract is in the best interest of the people of the state
			 of Kansas.
(2) The water supply
			 access contract refers to and incorporates by reference an operations agreement
			 that includes the following:
(A) The rules of
			 operation for Kanopolis reservoir to provide access water supply to the
			 district;
(B) the quantity of water
			 supply access storage in Kanopolis reservoir;
(C) the quantities of water supply access
			 storage used by members of the water access district;
(D) a provision that establishes procedures
			 for allocating inflows in Kanopolis reservoir;
(E) target flows along designated
			 rivers;
(F) a provision to release
			 water from storage from Kanopolis reservoir in order to meet specified
			 in-stream purposes; and
(G) any
			 other related matters to which the parties agree.
(3) The state has filed or will file, if
			 necessary, before initiation of the operations agreement, a water reservation
			 right for storage of water in Kanopolis reservoir.
(4) The state has signed or will sign, if
			 necessary, an agreement with an agency or department of the United States for
			 water supply storage space in the access reservoir named in the operations
			 agreement.
(5) The water supply
			 access contract includes a statement that the water access storage component of
			 Kanopolis reservoir is designated for the sole use and benefit of the water
			 supply access district in accordance with the operations agreement.
(6) The remaining water supply capacity
			 satisfies the terms of any existing water purchase contracts.
(7) Before any member of the water supply
			 access district receives benefits or water pursuant to a water supply access
			 contract, that member has adopted a water conservation plan consistent with the
			 guidelines for conservation plans and practices developed and maintained by the
			 Kansas water office pursuant to
			 K.S.A.
			 74-2608, and amendments thereto.