Chapter 82a, WATERS AND WATERCOURSES

82a-728. Unlawful acts; penalties. (a) Except for the appropriation of water for the purpose of domestic use, the production and return of salt water in connection with the operation of oil and gas wells in accordance with the written approval granted therefor by the Kansas corpo…

82a-729. Act supplemental to article 7 of chapter 82a of the Kansas Statutes Annotated. The provisions of K.S.A. 82a-727 and 82a-728 shall be a part of and supplemental to the provisions of article 7 of chapter 82a of the Kansas Statutes Annotated and acts amendatory thereof or s…

82a-730. Citation of act. K.S.A. 82a-701 to 82a-726, inclusive, and acts amendatory thereof and supplemental thereto shall be called and may be cited as the Kansas water appropriation act. History: L. 1977, ch. 356, § 8; L. 1984, ch. 380, § 2; July 1. Attorney General's Opinions:…

82a-731. Water appropriation certification fund created; expenditures therefrom. There is hereby created in the state treasury the water appropriation certification fund. The chief engineer of the division of water resources of the Kansas department of agriculture shall remit all…

82a-732. Annual water use report required; penalty for violations. (a) The owner of a water right or permit to appropriate water for beneficial use, except for domestic use, shall file or cause to be filed an annual water use report for the previous calendar year on a form prescr…

82a-733. Conservation plans and practices. (a) The chief engineer may require an applicant for a permit to appropriate water for beneficial use or the owner of a water right or permit to appropriate water for beneficial use to adopt and implement conservation plans and practices.…

82a-734. Sand and gravel pits; beneficial use of water, when; permit; application; fee; perfection of appropriation; examination of diversion works; assessment of water protection fee. (a) An operator shall notify the chief engineer of the location and area extent of any existing…

82a-734a. Sand and gravel pits, land-based; prohibition on certain rules and regulations, conditions. Any rules and regulations adopted by the secretary of health and environment pursuant to K.S.A. 65-171d, and amendments thereto, shall not apply to land-based sand and gravel pit…

82a-736. Multi-year flex accounts; definitions; establishment; requirements; application; fees; rules and regulations. (a) The chief engineer is authorized to establish multi-year flex accounts to improve water management by enabling multi-year flexibility in the use of water aut…

82a-737. Civil enforcement of act. (a) As used in this section: (1) "Chief engineer" means the chief engineer of the division of water resources of the department of agriculture. (2) "Secretary" means the secretary of agriculture. (b) Any person who commits any of the following m…

82a-738. Studies and recommendations of chief engineer and state geological survey; report. The chief engineer of the division of water resources of the department of agriculture and the state geological survey shall study and develop recommendations regarding: (a) The use of wat…

82a-739. Installation of water flow measurement and data recording devices below Cedar Bluff reservoir; authorization of property owners; dissemination of data and report to legislative committees. The Kansas water office shall purchase one water flow measurement device, and any …

82a-741. Water conservation program; enrollment; application; fees; administration; rules and regulations. (a) The chief engineer may administer a water rights conservation program. An eligible water right in good standing may be enrolled in the program, subject to the approval o…

82a-742. Division of a water right; application; fee. (a) Any owner of a water right that is not deemed abandoned may divide that water right into two or more distinct water rights without losing priority, if such owner: (1) Notifies the chief engineer in writing of the proposed …

82a-743. Limited transfer permits; term; fee; base water right; rules and regulations. (a) Subject to existing water rights and the principle of beneficial use, the chief engineer may grant, upon application made therefor, limited transfer permits to authorize the use of up to 4,…

82a-744. Water management and conservation measures; due consideration by chief engineer. (a) The chief engineer shall give due consideration to water management or conservation measures previously implemented by a water right holder when implementing any further limitations on a…

82a-745. Water conservation areas; establishment procedures; duties of chief engineer; notice; orders; consent agreement; review; flexibility; impairment. (a) Any water right owner or a group of water right owners in a designated area may enter into a consent agreement and order …

82a-761. Title; implementation. (a) K.S.A. 82a-761 through 82a-773, and amendments thereto, may be cited as the Kansas water banking act. (b) Implementation of the provisions of the water banking act shall be subject to the availability of appropriations for that purpose. History…

82a-762. Definitions. As used in this act: (a) "Bank boundary" means the geographic area where a water bank operates and conducts the functions of a water bank and may encompass more than one hydrologic unit. (b) "Bank charter" means a document that sets out the articles of incor…

82a-763. Water bank authority; deposits and leases; safe deposit accounts; restrictions. (a) A water bank shall be authorized to enter into contracts with holders of water rights for deposit in the bank of all or a portion of any water right from a hydrologic unit within the bank…

82a-764. Bankable water right, determination of. Before a water right or portion of a water right shall be accepted for deposit in a water bank or water from a water right shall be placed in a safe deposit account, the bank, with the assistance of the division, shall determine wh…

82a-765. Water bank charter; approval; requirements. (a) Before a water bank is authorized to operate in the state, the bank's charter must be approved by the chief engineer. Prior to approval, the body wishing to charter the bank shall submit to the chief engineer the proposed b…

82a-766. Water bank annual reports. (a) On or before April 15 of each year, each water bank shall submit to the chief engineer a report containing the following: (1) With regard to water rights or portions of water rights on deposit in the bank during the last year: (A) The total…

82a-767. Evaluation of water bank; evaluation team; extension or lapse of charter; charter review. (a) Not later than five years after the establishment of a water bank or pursuant to subsection (e), the director of the Kansas water office shall convene a team to evaluate the ope…

82a-768. Application of law relating to abandonment of water right. Depositing a water right in a water bank or placement of water in a safe deposit account in a water bank shall constitute due and sufficient cause pursuant to K.S.A. 82a-718, and amendments thereto, for failure t…

82a-769. Rules and regulations. The chief engineer may adopt rules and regulations to administer and enforce the provisions of this act. History: L. 2001, ch. 160, § 9; July 1.

82a-770. Enforcement of act. (a) In addition to any other provision of this act or the Kansas water appropriation act, and subject to the provisions of subsection (b), the chief engineer may suspend the use of water under a term permit, an approved application for a permit to app…

82a-771. Payment of certain costs of water bank. Each water bank shall pay all costs incurred by the division and by the Kansas water office for assistance and services provided pursuant to this act, including, but not limited to, costs for personnel necessary to provide such ass…

82a-772. Water resources cost fund. (a) There is hereby created in the state treasury the water resources cost fund. The chief engineer shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the divis…

82a-773. Water office cost fund. (a) There is hereby created in the state treasury the water office cost fund. The director of the Kansas water office shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys receiv…

82a-774. Water in a safe deposit account associated with a water bank; prohibition on participation in a multi-year flex account. (a) For purposes of K.S.A. 82a-736 and 82a-764, and amendments thereto, a water right or any portion of a water right that has been deposited, enrolle…

82a-901a. Legislative declaration. The people of the state can best achieve the proper utilization and control of the water resources of the state through comprehensive planning which coordinates and provides guidance for the management, conservation and development of the state'…

82a-902. State water resource planning act; definitions. The following words when used in this act, shall have the meaning ascribed in this section, except where the context clearly indicates a different meaning: (a) "Person" means and includes a natural person, partnership, orga…

82a-903. State water resource planning act; formulation of state water plan; cooperation of state water agencies; advice of general public. In accordance with the policies and long-range goals and objectives established by the legislature, the office shall formulate on a continui…

82a-905. Same; public hearings on state water plan or sections thereof, procedure; approval by Kansas water authority and submission to legislature and governor of plan or sections thereof. Prior to the submission of the state water plan or any section thereof or any amendment th…

82a-906. State water resource planning act; submission of plan and recommendations to governor and legislature. The Kansas water office, with the approval of the Kansas water authority, annually shall submit to the legislature and to the governor an up-dated water plan containing…

82a-907. State water resource planning act; considerations in formulation of state water plan. In formulating the state water plan the office shall consider: (a) The management, conservation and development of the water resources of the state for the benefit of the state as a who…

82a-910. Same; recommendations to federal agencies as to future water supply storage; agreements with federal government; petition concerning future water supply needs. (a) Subject to the approval of the Kansas water authority, the office may recommend to any agency of the federa…

82a-911. Same; recommendations of water office for inclusion in state plan of storage features for water supply on federal projects; findings. In its discretion, either upon its own initiative or in response to a specific request, the office, subject to the approval of the Kansas…

82a-913. Same; statement of state costs. When any recommendation is made pursuant to K.S.A. 82a-911, and amendments thereto, the same shall include a statement of (1) the portion of the state costs for which the state does not anticipate repayment of its expenditures; and (2) the…

82a-915. State water resource planning act; contracts with federal government relative to release of water from projects or reservoirs, when. The office is hereby authorized to negotiate with the federal government relative to releases of water from projects or reservoirs and to …

82a-920. Same; projected costs of water management projects. The office shall maintain in continuous process and revision tentative projected costs of water management projects for the coming years covering a total period of not less than 25 years, which projected costs the offic…

82a-922. Same; expenditures from appropriations for Kansas water office, procedure. All expenditures from appropriations for the office shall be made in accordance with the applicable appropriation act upon warrants of the director of accounts and reports issued pursuant to vouch…

82a-923. State water plan; rules and regulations. The office shall adopt, amend, promulgate, and enforce such rules and regulations as are necessary and proper to carry out the provisions of this act. Such rules and regulations shall be filed in the office of the secretary of sta…

82a-924. Same; liberal construction. This act shall be construed liberally to effectuate the purposes hereof, and the enumeration of specific powers in this act shall not operate to restrict the meaning of any general grant of power contained in this act or to exclude other power…

82a-925. Same; invalidity of part. If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its op…

82a-927. State water plan; long-range goals. The long-range goals and objectives of the state of Kansas for management, conservation and development of the waters of the state, are hereby declared to be: (a) The development, to meet the anticipated future needs of the people of t…

82a-928. State water plan; policies to achieve long-range goals listed. The policies of the state of Kansas that are deemed desirable for the achievement of the long-range goals and objectives as set forth in K.S.A. 82a-927, and amendments thereto, and that shall serve as guideli…

82a-929. Same; state responsibility for water. The state of Kansas hereby recognizes its responsibility and jurisdiction to protect, conserve, and control all waters affecting the people of the state, including those waters impounded in projects constructed pursuant to programs o…

82a-930. Same; state responsibility to manage water conservation. The state of Kansas hereby recognizes its responsibility and jurisdiction to operate and to manage those water conservation features financed by the state, and it recognizes its duty to fulfill its responsibility a…