Chapter 82a, WATERS AND WATERCOURSES

82a-1206. Licensure of water well contractors; application fee; disposition of moneys from fees collected to be deposited to the credit of the water program management fund; standards for granting license. (a) Every well contractor desiring to engage in the business of constructi…

82a-1207. Investigation of qualifications; examination. Under such reasonable rules and regulations as the secretary may adopt pertaining to the business of water well contracting and construction of water wells, the secretary shall investigate by examination or otherwise, the qu…

82a-1209. Term of licenses; renewal; fees; revocation, when. The term of all licenses issued under the provisions of this act shall be July 1 of each year through the following June 30. Any contractor licensed under the provisions of this act may, on or before July 1, each year, …

82a-1210. Revocation of license, when; complaints against licensee; notice and hearing. Any license issued under this act may be revoked by the secretary (1) when the licensee has practiced fraud or deceit in obtaining a license or otherwise engaging in activities regulated by th…

82a-1211. Appeal from decisions of secretary. Appeals from decisions of the secretary may be taken in accordance with the provisions of the Kansas judicial review act. History: L. 1973, ch. 417, § 11; L. 1974, ch. 352, § 179; L. 1984, ch. 313, § 149; L. 2010, ch. 17, § 215; July …

82a-1212. Log of drilling, boring or digging; contents; filed with state geological survey. Any water well contractor licensed under this act who constructs, reconstructs or plugs a water well shall keep a careful and accurate log of the construction, reconstruction or plugging o…

82a-1213. Abandoned holes; plugging; failure to properly seal. All holes drilled in search of a water supply and abandoned, shall be properly plugged by the drilling contractor in accordance with rules and regulations established by the secretary in order to assure adequate and p…

82a-1214. Penalty for violations of act; enforcement of act. Any person who shall willfully violate any lawful rule or regulation of the secretary relating to water well contracting, or who shall engage in the business of constructing, reconstructing or treating water wells witho…

82a-1215. Severability. If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act a…

82a-1216. Civil penalties and orders; appeals; disposition of penalties. (a) Any person who violates any provision of the Kansas groundwater exploration and protection act, any rules and regulations adopted thereunder or any order issued by the secretary thereunder shall incur in…

82a-1217. Restraining orders and injunctions; proof required. (a) Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or oth…

82a-1218. Application of penalties to sand and well point wells, exception. (a) The provisions of K.S.A. 82a-1216 and 82a-1217 shall not apply with respect to any sand point or well point which is used for domestic purposes, or the reconstruction, replacement or treatment thereof…

82a-1219. Act supplemental to Kansas groundwater exploration and protection act. K.S.A. 82a-1216, 82a-1217 and 82a-1218 shall be part of and supplemental to the Kansas groundwater exploration and protection act. History: L. 1989, ch. 311, § 5; July 1.

82a-1301. State water plan storage act; definitions. As used in this act, unless the context otherwise requires: (a) "Director" means the director of the Kansas water office. (b) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department…

82a-1302. Same; waters subject to act. Notwithstanding any other provision in the statutes of this state, waters in conservation storage water supply capacity in any reservoir on the effective date of this act on which the state has given a commitment are hereby recognized as wat…

82a-1303. Same; state "water reservation rights"; acquisition by board; rights authorized to be acquired. (a) Notwithstanding any other provisions in the statutes of this state, the director, in the manner provided in K.S.A. 82a-1304, and amendments thereto, shall be authorized, …

82a-1304. Same; "water reservation rights"; procedure for acquiring; notice, content; acceptance; filing, perfection of rights. The director, on behalf of the state, shall acquire a water reservation right by filing with the chief engineer a written notice which shall include the…

82a-1305. Same; withdrawal and use of waters; contracts for withdrawal; disposal of surplus water. (a) Whenever the authority finds that a proposed withdrawal and use of water, other than surplus waters, is in the interest of the people of the state of Kansas and will advance the…

82a-1306. State water plan storage act; contracts for withdrawal and use; required provisions; rate of charges for water. (a) Every contract made under authority of K.S.A. 82a-1305, and amendments thereto, shall include the following: (1) Provision for charges, which shall be set…

82a-1307. Same; contracts for withdrawal and use; effective date; filing of contract with secretary of state and legislature; disapproval and revocation by legislature. On or before the 30th calendar day of each regular legislative session, the director shall transmit to the hous…

82a-1308a. Same; establishment of rates, components; considerations. (a) On July 15 of each year, effective January 1 of the following year, the director, subject to the approval of the authority, shall fix the rate provided for in subsection (a) of K.S.A. 82a-1306, and amendment…

82a-1309. Same; meters, gauges or other measuring devices; director, authority. The director may require any person withdrawing water pursuant to a contract under K.S.A. 82a-1305, and amendments thereto, to install meters, gauges or other measuring devices in accordance with spec…

82a-1310a. Same; application to enter into contract, contents. Any person desiring to enter into a contract under K.S.A. 82a-1305, and amendments thereto, shall file an application therefor with the director. Such application shall be in such form and contain such information as …

82a-1311a. Same; contract negotiations; authority approval, considerations. (a) The date of receipt of each application submitted pursuant to K.S.A. 82a-1310a, and amendments thereto, shall be stamped thereon and authenticated as directed by the director. Applicants shall notify …

82a-1312. Same; contracts filed with chief engineer. A copy of every contract entered into under K.S.A. 82a-1305, and amendments thereto, shall be filed with the chief engineer by the person who is to receive water under the contract. History: L. 1974, ch. 452, § 12; L. 1983, ch.…

82a-1313. Same; withdrawal of water under contract; exercise and protection of rights. Persons having contracts under K.S.A. 82a-1305 for withdrawal of water may use waters withdrawn thereunder as provided in such contract without obtaining a permit or water right under article 7…

82a-1314. Same; request for withdrawal of water; release of water; conduct and withdrawal of water. Whenever a person, who has a contract under K.S.A. 82a-1305, and amendments thereto, wishes to make a withdrawal of water, such person shall so advise the director as provided in t…

82a-1315a. Same; payment of charges; disposition of revenue. Amounts charged pursuant to contracts entered into pursuant to K.S.A. 82a-1305, and amendments thereto, and all other amounts charged pursuant to this act shall be paid to the director. Upon receipt, the director shall …

82a-1315b. Same; acquisition of conservation storage water supply capacity; establishment of state conservation storage water supply fund; deposits and expenditures. (a) The director, subject to approval of the authority, shall acquire or develop conservation storage water supply…

82a-1315c. Water marketing fund created; purposes for which moneys may be expended from fund. (a) There is hereby created in the state treasury the water marketing fund. The director of the Kansas water office may accept or receive moneys from any source, governmental or private,…

82a-1316. Same; approval of assignment, sale or transfer of contract or interest required; amendment or revocation of contract. No assignment, sale, conveyance or transfer of all or any part of a contract under K.S.A. 82a-1305, and amendments thereto, or of interest thereunder, o…

82a-1317. Same; failure to make payment for water; interest on overdue payment. If any person financially obligated under a contract made under K.S.A. 82a-1305, and amendments thereto, should fail to make any of the payments when due, then the overdue payments shall bear interest…

82a-1318. Same; enforcement of claim or right or provisions of act or rules and regulations; authority of authority; attorney general, duties. The authority may sue in its own name, or may authorize suit to be brought by an authorized representative in the name of the authority, …

82a-1319. Same; rules and regulations. The director may adopt, subject to approval of the authority, rules and regulations for the administration and carrying out the purposes of this act. History: L. 1974, ch. 452, § 19; L. 1983, ch. 343, § 18; March 17.

82a-1320. Citation of act. This act shall be known and may be cited as the "state water plan storage act." History: L. 1974, ch. 452, § 20; March 22.

82a-1330. Water assurance program; citation of act. This act shall be known as and may be cited as the water assurance program act. History: L. 1986, ch. 391, § 1; July 1. Law Review and Bar Journal References: "The Kansas Water Appropriation Act: A Fifty-Year Perspective," John …

82a-1331. Same; definitions. As used in this act, unless the context otherwise requires: (a) "Assurance storage" means that part of the conservation storage water supply capacity of any reservoir devoted to the storage water for the water assurance program; (b) "assurance water" …

82a-1332. Same; negotiation by Kansas water office for water assurance storage in federal reservoirs. The Kansas water office, with advice from basin advisory committees, eligible water right holders and the chief engineer and with approval of the Kansas water authority, may nego…

82a-1333. Same; prerequisites to organization of water assurance district; duties of chief engineer. Before a water assurance district is organized, and upon the request of the Kansas water office, the chief engineer shall determine the eligible water rights of the proposed distr…

82a-1334. Same; participation mandatory in program, when. If a water assurance district is organized, participation in the water assurance program shall be mandatory for each eligible water right holder below an assurance reservoir if the chief engineer determines that such holde…

82a-1335. Same; procedure for organization of water assurance district; petition requirements. (a) Before any water assurance district is organized, a petition shall be filed in the office of the secretary of state, signed by the eligible water right holders of water rights total…

82a-1336. Same; petition requirements for organization of water assurance districts; duties of secretary of state. A copy of the petition, required by K.S.A. 82a-1335, setting forth the text of the petition in full, shall be circulated among the eligible water right holders of th…

82a-1337. Same; duties of secretary of state relating to petitions; approval of chief engineer required, findings. If the secretary of state finds the petition, as required by K.S.A. 82a-1335, to be sufficient as to form and the number and qualifications of the petitioners, the s…

82a-1338. Same; formation of water assurance district; election required, procedure; certificate of incorporation. Within 10 days after receipt of a certified copy of the chief engineer's report approving the petition, as required by K.S.A. 82a-1335, or the petition as amended, t…

82a-1339. Same; payment of costs and expenses when chief engineer disapproves organization of water assurance district. If the organization of the proposed water assurance district is defeated at the election or if the petition, as required by K.S.A. 82a-1335, is disapproved by t…

82a-1340. Same; exercise of district powers by board of directors; composition and terms of board of directors. All powers granted to water assurance districts incorporated under the provisions of this act shall be exercised by a board of directors which shall be composed of any …

82a-1341. Same; organization of district board of directors; conduct of business; filling of vacancies. Within not more than 90 days after the recording of the certificate of incorporation, a meeting open to all members of the district shall be held by the steering committee for …

82a-1342. Same; district meetings, purpose. In not less than 12 months nor more than 13 months after the recording of the certificates of incorporation, and annually thereafter, a meeting shall be held for the election of directors whose terms expire, to render a report on the fi…

82a-1343. Same; meetings of district board of directors; notice. Regular meetings of the board of directors shall be held quarterly at the office of the corporation on such day as is selected by the board of directors. Notice of such meeting shall be mailed to each director at le…

82a-1344. Same; powers of districts. Each water assurance district incorporated under the provisions of this act shall be a body politic and corporate and shall have the power to: (a) Adopt a seal; (b) sue and be sued by its corporate name; (c) purchase, hold, sell and convey lan…