All Roll Calls
Yes: 159 • No: 2
KansasSB 582025–2026 Regular SessionSenate
Modifying the requirements and allocations for multi-year flex accounts.
Sponsored By: Kenny Titus (Republican)
Signed by Governor
wateragriculture and natural resources
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 1 benefits, 3 costs, 3 mixed.
How much water you can bank
Deposits are capped. You can deposit up to the largest of: 500% of base average use, or 500% of (net irrigation need × authorized acres × 110%), but never over five times the base right’s annual amount. In a groundwater management district, rules may further limit deposits to avoid raising long‑term average use. If a term is under five years, allowed deposits are prorated. You may roll remaining water into the next term, up to the lesser of your annual net irrigation need or your base right’s annual amount, but only if you enroll that same year and do not exceed (base annual amount × years in the next term). If your place of use overlaps other rights, your total is further limited by the net irrigation need for the shared area.
Five-year groundwater flex for farms
The law creates multi‑year flex accounts so irrigators can shift groundwater use across years. A flex account is a term permit for up to five straight calendar years and it pauses the base water right during the term. Use cannot impair other rights, increase total diversions, or harm the source of supply. The chief engineer may shorten a term inside local enhanced or intensive control areas. The law repeals the prior statute and replaces it with these rules.
Meters, reports, and penalties
The chief engineer can require extra measuring devices and more reporting for flex account permits. If you do not comply, penalties can include revoking the term permit and suspending the base right for the term. The chief engineer sets rules to enforce these steps.
Permit rules on points and places
Each diversion point needs its own term permit. You cannot pump faster than the base right allows at that point, and the permit only covers the deposited amount. The place of use must stay within the base right’s place (or a part of it). For rights with multiple points, the chief engineer assigns a maximum for each point, in proportion to the base right. Any approved change to the base right’s place or point carries over to the term permit.
Who qualifies and how use counts
Only certain groundwater rights can be a base right. The right must be vested or certificated, use groundwater, not be in a water bank or certain orders, not be abandoned, and not be part of a change that expanded place of use. The chief engineer can deny accounts that are against the public interest. Your baseline "base average usage" uses actual use in 2000–2009, excluding overuse, use off the authorized place, and some multi‑year allocations. If records are thin, at least 5 years are used, and prior conservation can shift the baseline to the five years before conservation.
Deadlines and fees to apply
Apply by December 31 of the first year of the flex account term. You pay the same application fee as other term permits under state law.
How the program is paid for
Program costs are paid from term permit fees or the water appropriation certification fund when money is available. If another fund covers costs, it must be repaid. The secretary of agriculture certifies the repayment and the state transfers the money promptly.
Sponsors & Cosponsors
Sponsor
Kenny Titus
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/23/2026
Yea: 119 Nay: 2
Yes: 119 • No: 2
Senate vote • 4/23/2026
Yea: 40 Nay: 0
Yes: 40 • No: 0
Actions Timeline
Approved by Governor on Wednesday, March 26, 2025
4/10/2025SenateEnrolled and presented to Governor on Friday, March 21, 2025
3/21/2025SenateCommittee of the Whole - Be passed
3/18/2025HouseEmergency Final Action - Passed; Yea: 119 Nay: 2
3/18/2025HouseHearing: Thursday, March 6, 2025, 9:00 AM Room 218-N
3/6/2025HouseCommittee Report recommending bill be passed by Committee on Water
3/6/2025HouseReceived and Introduced
2/25/2025HouseReferred to Committee on Water
2/25/2025HouseFinal Action - Passed as amended; Yea: 40 Nay: 0
2/19/2025SenateCommittee of the Whole - Committee Report be adopted
2/18/2025SenateCommittee of the Whole - Be passed as amended
2/18/2025SenateCommittee Report recommending bill be passed as amended by Committee on Agriculture and Natural Resources
2/11/2025SenateHearing: Thursday, January 30, 2025, 8:30 AM Room 144-S
1/30/2025SenateReferred to Committee on Agriculture and Natural Resources
1/23/2025SenateIntroduced
1/22/2025Senate
Bill Text
As Amended by Senate Committee
As introduced
Enrolled
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