Chapter 82a, WATERS AND WATERCOURSES

82a-931. Same; intergovernmental coordination of planning. As a matter of basic policy concerning the water resources of the state, the state of Kansas hereby declares its intention to coordinate state planning with local and national planning and, in safeguarding the interests o…

82a-932. Same; Kansas water office to negotiate with federal government, when. The office shall enter into negotiations and agreements with the federal government relative to the operation of, or the release of water from, any project that has been authorized or constructed by th…

82a-933. Same; providing evidence of need to include storage features. The office may provide evidence of need to any agency of the federal government relative to the inclusion in any proposed or authorized water resource project of any conservation storage features for water sup…

82a-934. State water plan; agreements with federal government to pay for conservation storage features for water supply; limitations; reimbursement of costs. The office, on behalf of the state, shall enter into negotiations and agreements with the federal government relative to t…

82a-941. Same; agencies to perform research related to water resources. It is hereby declared to be a policy of the state of Kansas that all agencies of the state having responsibilities affecting the water resources of the state shall, insofar as circumstances permit, carry on b…

82a-942. Same; United States powers not affected. Nothing in this act shall be deemed as an addition to, or an impairment of, any rights, powers, or jurisdiction of the United States, or those acting by or under its authority, with respect to the water resources of the state. His…

82a-943. Same; liberal construction of act. This act shall be construed liberally to effectuate the purposes hereof. History: L. 1965, ch. 558, § 17; May 12.

82a-944. Same; severability. 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 operatio…

82a-947. Citation of act. The provisions of sections 1 to 20, inclusive, of this act and of K.S.A. 82a-901 to 82a-945, inclusive, and any acts amendatory thereof or supplemental thereto, shall be known and may be cited as the "state water resource planning act." History: L. 1984,…

82a-951. State water plan fund; expenditures from fund; reports accounting for expenditures from the state water plan fund, the water technical assistance fund and the water projects grant fund. (a) There is hereby created, in the state treasury, the state water plan fund. All mo…

82a-952. Penalties imposed by K.S.A. 65-170d, 65-171s, 65-3419 and 65-3446 deposited in state water plan fund. On and after July 1, 1989, all moneys collected from penalties imposed pursuant to K.S.A. 65-170d, 65-171s, 65-3419 or 65-3446, and amendments thereto, shall be remitted…

82a-953a. Transfers from state general fund to state water plan fund; reductions. During each fiscal year, the director of accounts and reports shall transfer $6,000,000 from the state general fund to the state water plan fund created by K.S.A. 82a-951, and amendments thereto, 1/…

82a-954. Water protection fee imposed; payment, by whom, when; collection by director of taxation; disposition of fees. (a) On and after July 1, 1989, there is hereby imposed a water protection fee at the rate of: (1) Three cents per 1,000 gallons of water sold at retail by a pub…

82a-955. Additional transfers from state general fund to state water plan fund; transfers from state water plan fund to water technical assistance fund and water projects grant fund; Kansas water authority recommendations for state water plan fund moneys; expiration of provisions…

82a-956. Water technical assistance fund; administration; expenditures from fund; limitations; rules and regulations. (a) (1) There is hereby established in the state treasury the water technical assistance fund. The fund shall be administered by the Kansas water office. Expendit…

82a-957. Water projects grant fund; administration; expenditures from fund; limitations; rules and regulations. (a) (1) There is hereby established in the state treasury the water projects grant fund. The fund shall be administered by the Kansas water office. Expenditures from su…

82a-958. Establishment of task force; membership; meetings; duties; water planning working group; expiration of section. (a) There is hereby established the water program task force. The task force shall consist of: (1) The following 13 voting members: (A) The chair of the house …

82a-1020. Legislative declaration. It is hereby recognized that a need exists for the creation of special districts for the proper management of the groundwater resources of the state; for the conservation of groundwater resources; for the prevention of economic deterioration; fo…

82a-1021. Definitions. (a) As used in this section: (1) "Aquifer" means any geological formation capable of yielding water in sufficient quantities that it can be extracted for beneficial purposes. (2) "Board" means the board of directors constituting the governing body of a grou…

82a-1022. Organization of district; steering committee; declaration of intent filing; map of proposed district, submission and approval by chief engineer. Proceedings to organize a groundwater management district shall be commenced by filing with the chief engineer a declaration …

82a-1023. Same; petition contents and signatures; filing with secretary of state. (a) Within 12 months after certification of the description of the lands to be included within the proposed district, and before any groundwater management district shall be organized, a petition sh…

82a-1024. Same; determination of sufficiency of petition; approval by chief engineer; criteria for approval. (a) If the secretary of state finds the petition to be sufficient as to form and substance and executed in accordance with the requirements of this act he or she shall tra…

82a-1025. Same; election for approval of organization of district; secretary of state to issue certificate of incorporation, when; action to attack legality. (a) Within ten (10) days after receipt of a certified copy of the chief engineer's report approving the petition, or the p…

82a-1026. Annual meetings of eligible voters; organization meeting to elect initial board of directors. (a) Within not more than ninety (90) days after the recording of the certificate of incorporation, a meeting open to all eligible voters of the district shall be held by the st…

82a-1027. Board of directors; terms of members; expenses; officers; quorum; vote for actions; filling vacancies. (a) All powers granted to a groundwater management district under the provisions of this act shall be exercised by an elected board of directors which shall be compose…

82a-1028. District powers; home office. Every groundwater management district organized under this act shall be a body politic and corporate and shall have the power to: (a) Adopt a seal; (b) sue and be sued in its corporate name; (c) rent space, maintain and equip an office, and…

82a-1029. Management program; board of directors' and chief engineer's functions and duties; hearings; approval and adoption; periodic review. Before undertaking active management of the district the board shall prepare a management program. Upon completion of the management prog…

82a-1030. Water user charges; annual assessment per acre against landowners; budget; collection by county officers; annual audit; no-fund warrants; limitation; protest petition; redemption of warrants. (a) In order to finance the operations of the district, the board may assess a…

82a-1031. General improvement bonds; special assessment improvement bonds; combination improvement bonds; elections for approval of issuance of bonds. (a) If the board by resolution provides that all or any part of the capital cost of works of improvement within the district is t…

82a-1032. Works paid from special assessments; determination of benefits and assessments; levy of assessments; collections by county officers; bonds for not to exceed 20 year term. If a resolution of the board provides that all or any part of the cost of the works contemplated is…

82a-1033. Extension or reduction of district territory by chief engineer, upon petition; hearing; filing of order. (a) The chief engineer shall have the power, upon proper petition being presented by the board for that purpose, to extend or reduce the territory of any groundwater…

82a-1034. District dissolution. (a) Whenever the board of a groundwater management district organized and incorporated under the provisions of this act finds reasons for the dissolution of the district, the board may, by resolution adopted by a two-thirds vote of all members of t…

82a-1035. Payment of expenses of defeated proposed district organization. If the organization of a proposed district is defeated at the election or if the petition is disapproved by the secretary of state or the chief engineer, the steering committee named in the petition shall c…

82a-1036. Initiation of proceedings for designation of intensive groundwater use control areas; duties of chief engineer; findings. Whenever a groundwater management district recommends the same or whenever a petition signed by not less than three hundred (300) or by not less tha…

82a-1037. Same; hearings. In any case where proceedings for the designation of an intensive groundwater use control area are initiated, the chief engineer shall hold and conduct a public hearing on the question of designating such an area as an intensive groundwater use control a…

82a-1038. Designation of intensive groundwater use control area; orders; corrective control provisions; review of orders. (a) In any case where the chief engineer finds that any one or more of the circumstances set forth in K.S.A. 82a-1036, and amendments thereto, exist and that …

82a-1039. No limitation of authority of chief engineer. Nothing in this act shall be construed as limiting or affecting any duty or power of the chief engineer granted pursuant to the Kansas water appropriation act. History: L. 1978, ch. 437, § 5; July 1. Attorney General's Opini…

82a-1040. Act supplemental to K.S.A. 82a-1020 through 82a-1035. The provisions of K.S.A. 82a-1036 to 82a-1039, inclusive, of this act shall be part of and supplemental to the provisions of K.S.A. 82a-1020 to 82a-1035, inclusive, and acts amendatory thereof or supplemental thereto…

82a-1041. Local enhanced management areas; establishment procedures; duties of chief engineer; hearing; notice; orders; corrective control provisions; review of orders. (a) Whenever a groundwater management district recommends the approval of a local enhanced management plan with…

82a-1042. Groundwater management program; impact of proposed rules and regulations. To further implement the provisions of the groundwater management district act, if the secretary of agriculture or the chief engineer of the division of water resources of the Kansas department of…

82a-1043. Annual report to the legislature. (a) Not later than January 25 of each year, the board of each district shall submit to the house of representatives standing committee on water, the house of representatives standing committee on agriculture and natural resources, the s…

82a-1044. Identification of priority areas of concern; development of action plans; criteria for priority areas of concern; submission to chief engineer; action plan review. (a) (1) Not later than July 1, 2024, the board of each district shall identify all priority areas of conce…

82a-1045. Prohibition against board member farming land owned, purchased or acquired by a district; exception when request for proposal for farming such land has been issued. (a) If a district owns, purchases or otherwise acquires land, no member of the board of such district sha…

82a-1101. Bank stabilization; water resources board designated as state agency; projects involving more than one political subdivision; approval and inclusion in state water plan; cooperation with federal agencies. The state water resources board established pursuant to K.S.A. 19…

82a-1102. Same; state participation only if federal funds available; approval of projects, basis. The state shall not participate in any project unless it shall first be determined that federal funds will be available, and unless appropriations are available therefor. Any procedu…

82a-1103. Authority of water resources board; administrative costs. The state water resources board shall be responsible for administrative costs incurred in connection with applications for approval of bank stabilization projects, and shall have authority to plan, contract, acqu…

82a-1201. Title. This act shall be known as the "Kansas groundwater exploration and protection act." History: L. 1973, ch. 417, § 1; July 1. Attorney General's Opinions: Regulation requiring unsanitary water well to be plugged not illegal taking of water right. 2003-29. Water wel…

82a-1202. Declaration of purpose. It is the purpose of this act to provide for the exploration and protection of groundwater through the licensing and regulation of water well contractors in Kansas to protect the health and general welfare of the citizens of this state; to protec…

82a-1203. Definitions. As used in this act, unless the context otherwise requires: (a) "Construction of water wells" means all acts necessary to obtaining groundwater by any method for any use including, without limitation, the location of and excavation for the well. (b) "Person…

82a-1205. Administration and enforcement of Kansas groundwater exploration and protection act; license fees; licenses; inspection; personnel; report. (a) The secretary shall be responsible for the administration and enforcement of the provisions of this act and any rules and regu…