Chapter 82a, WATERS AND WATERCOURSES

82a-1345. Same; charges imposed against district members, amount; releases of water from reservoirs; duties of chief engineer and Kansas water office; rules and regulations; rights of water right holders. (a) The water assurance district shall impose a charge against each member …

82a-1346. Same; persons not prohibited from purchasing storage in federal reservoirs. Nothing in this act shall prohibit any person from contracting to purchase or otherwise obtaining from the federal government emergency water stored in federal reservoirs and under the control o…

82a-1347. Same; renegotiation of existing water supply storage contracts. If any eligible water right holder in a water assurance district organized under the provisions of this act requests an opportunity to renegotiate any existing contracts for the purchase of water supply und…

82a-1348. Same; conservation plans and practices required. Each member of a water assurance district shall adopt conservation plans and practices for such member. Such plans and practices shall be consistent with the guidelines for conservation plans and practices developed and m…

82a-1349. Water supply storage assurance fund established; receipts; use of moneys. (a) There is hereby created in the state treasury the water supply storage assurance fund. The director of the Kansas water office may accept or receive moneys from water assurance districts for t…

82a-1360. Financing of large reservoir projects; definitions. As used in K.S.A. 82a-1360 to 82a-1368, inclusive, unless the context otherwise requires: (a) "Director" means the director of the Kansas water office. (b) "Revenue bonds" means bonds issued pursuant to this act and pa…

82a-1361. Revenue bonds to finance reservoirs or purchase of water storage; procedure and conditions; pledge of revenues. (a) The Kansas water office is hereby authorized to issue and sell revenue bonds for the purpose of paying all or part of the cost of acquiring a site or site…

82a-1362. Same; revenue bonds issued not state indebtedness; enforceability of contracts, agreements or covenants of Kansas water office. (a) Revenue bonds issued hereunder, including refunding revenue bonds authorized hereunder, shall be special obligations of the Kansas water o…

82a-1363. Same; issuance of revenue bonds to refund existing revenue bonds. The Kansas water office may issue revenue bonds for the purpose of refunding revenue bonds issued hereunder pursuant to the terms and authority of K.S.A. 10-116a, and amendments thereto. History: L. 1986,…

82a-1364. Same; disposition of proceeds received from sale of revenue bonds, authority of director of Kansas water office. The proceeds derived from the sale of all revenue bonds issued under this act shall be deposited to the credit of the Kansas water office in either an accoun…

82a-1365. Same; income from bonds exempt from taxation. The revenue bonds issued hereunder and any refunding revenue bonds authorized to be issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kans…

82a-1366. Same; bonds deemed legal and proper securities for investment by governmental entities. Revenue bonds issued hereunder shall be proper and legal investment securities for any investment funds of the state of Kansas or any department, agency or institution thereof, or an…

82a-1367. Same; powers supplemental to other powers of Kansas water office; severability. (a) This act constitutes full and complete authority for the purposes set out in this act, and no procedure or proceedings other than those required by this act shall be necessary for the pe…

82a-1368. Same; publication of notice of revenue bond issuance, contents; actions to contest, timing. Prior to the issuance of any revenue bonds under authority of this act and after the adoption of a resolution authorizing any revenue bonds under this act, the director shall cau…

82a-1370. Purchase of water supply storage, financing of; pooled money investment board loan; water supply storage acquisition financing fund. (a) To provide financing to acquire conservation water supply storage in federal reservoirs, the pooled money investment board is authori…

82a-1401. Citation of act. This act may be cited as the "Kansas weather modification act." History: L. 1974, ch. 321, § 1; July 1. Attorney General's Opinions: Resolution prohibiting cloud seeding not a valid exercise of county home rule powers. 2000-62.

82a-1402. Kansas weather modification act; definitions. As used in this act, unless the context otherwise requires: (a) "Authority" means the Kansas water authority; (b) "Director" means the director of the Kansas water office. (c) "Naturally" means arising from a phenomenon of n…

82a-1403. Same; administration of act; rules and regulations; powers of board and director. The authority is hereby vested with responsibility for the implementation of this act. Within the authority granted to the authority, the director shall be the chief administrative officer…

82a-1405. Same; licenses for weather modification activities; issuance and limitations; permit for weather modification projects; studies, hearings and investigations; research and development programs; expenditure of funds; representation of state in weather modification matters…

82a-1406. Same; license and permit required; violation of license or permit; fee exemptions. (a) No person may engage in any activity for weather modification or control without a weather modification license and a weather modification permit issued by the director. No person may…

82a-1407. Same; license; requirements. The director shall issue a weather modification license to each person who: (a) Applies in writing to the director in such form as the director requires; (b) pays the license fee, if applicable; and (c) meets at least one of the following re…

82a-1408. Same; license fees; license term. Unless the applicant is exempt under subsection (b) of K.S.A. 82a-1406, and amendments thereto, a license shall be issued under this act only upon payment to the director of a fee of $100. Each license shall expire at the end of the cal…

82a-1409. Suspension or revocation of license; grounds; hearing. Any license issued under this act may be suspended or revoked by the director after notice and opportunity for hearing in accordance with the provisions of Kansas administrative procedure act, when the licensee (1) …

82a-1410. Appeals to district court. Any aggrieved party may appeal to the district court as provided by the Kansas judicial review act. History: L. 1974, ch. 321, § 10; L. 1984, ch. 313, § 152; L. 2010, ch. 17, § 219; July 1.

82a-1411. Same; weather modification permit; requirements. (a) The director shall issue a weather modification permit to each person who: (1) Applies in writing to the director for a permit in such form as the director shall require; (2) holds a valid weather modification license…

82a-1412. Same; conduct of operations under permit under supervision of licensee. Operations under weather modification permits may be executed only by or under the immediate direction and supervision of a licensee or licensees. History: L. 1974, ch. 321, § 12; July 1.

82a-1413. Same; permit fees. The fee for each weather modification permit under this act or any renewal thereof shall be $100, except for applicants exempt under subsection (b) of K.S.A. 82a-1406, and amendments thereto. All fees shall be paid to the director, who shall remit all…

82a-1414. Same; permit term; emergency. (a) A separate weather modification permit shall be required annually on a calendar year basis for each weather modification project or program. (b) The director may grant a weather modification permit on an emergency basis without prior pu…

82a-1415. Weather modification; permit; revision, suspension or modification of terms and conditions; procedure; licensee to notify director of emergencies. (a) The director may revise, suspend, or modify the terms and conditions of a permit in accordance with the provisions of t…

82a-1416. Same; compliance with permit terms and conditions. When a weather modification permit has been issued, the licensee shall confine the licensee's weather modification activities within the limits of time and area specified in the permit, except to the extent that the lim…

82a-1417. Same; reports of activities; form and content. (a) Any person conducting weather modification activities in Kansas or operations that affect conditions within Kansas shall file reports at such time or times and in the manner and form as the director requires. (b) The li…

82a-1418. Same; suspension, revocation or denial of permit. (a) The director shall suspend or revoke a permit, after proceedings in accordance with the Kansas administrative procedure act, upon finding that the licensee no longer meets the qualifications or conditions of the orig…

82a-1419. Same; suspension or revocation of license or permit; notice and hearing. (a) Except as provided in K.S.A. 82a-1415 relating to the director, the authority or the director shall not suspend or revoke a license or permit without first giving the licensee reasonable notice…

82a-1420. Same; state and local officers immune from liability; issuance of permit not state endorsement. Officers and employees of the state or any department or agency thereof, and officers and employees of any county or municipality or other public agency of the state, shall b…

82a-1421. Same; operation without license or permit; order to cease; enforcement. The director may order any person who is found to be conducting weather modification activity without a license and permit to cease and desist from said operation. Any such order shall be enforceabl…

82a-1422. Same; license or permit no defense in action for damages or injunctive relief. The fact that a person holds a license or a permit under this act, or that he or she has complied with all requirements established pursuant to this act, shall not be a defense in actions for…

82a-1423. Same; violations of act; misdemeanor. Any person conducting a weather modification activity without first having procured a required license and permit, or who shall knowingly make a false statement in an application for a license or permit, or who shall fail to file an…

82a-1424. Severability of act. 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 th…

82a-1425. Weather modification programs; tax levy, use of proceeds; protest petition and election. (a) The board of county commissioners of any county may establish or participate in weather modification programs and, for the purpose of paying the costs thereof, may levy a tax of…

82a-1501. Definitions. As used in the water transfer act: (a) (1) "Water transfer" means the diversion and transportation of water in a quantity of 2,000 acre feet or more per year for beneficial use at a point of use outside a 35-mile radius from the point of diversion of such w…

82a-1501a. Hearing panel; presiding officer appointed, when. (a) The water transfer hearing panel shall consist of the chief engineer, the director and the secretary. The chief engineer shall serve as chairperson of the panel. All actions of the panel shall be taken by a majority…

82a-1502. Approval of transfers, conditions. (a) No person shall make a water transfer in this state unless and until the transfer is approved pursuant to the provisions of this act. No water transfer shall be approved which would reduce the amount of water required to meet the p…

82a-1503. Application for transfer; hearing, procedure; costs of hearing, fund. (a) Any person desiring to make a water transfer shall file with the chief engineer an application in the form required by rules and regulations adopted by the chief engineer. If the chief engineer fi…

82a-1504. Order of presiding officer; review by panel, procedure; record of proceedings. (a) The presiding officer shall render an order either approving or disapproving the proposed water transfer. The presiding officer's order shall include findings of fact relating to each of …

82a-1505. Review and enforcement of panel action; precedence over other cases. (a) Any action of the panel is subject to review in accordance with the Kansas judicial review act. (b) The review proceedings shall have precedence in the district court. Appellate proceedings shall h…

82a-1506. Same; rules and regulations. The chief engineer shall adopt all rules and regulations necessary to effectuate and administer the provisions of this act. History: L. 1983, ch. 341, § 6; May 12.

82a-1507. Title of act; application of other laws. (a) K.S.A. 82a-1501 through 82a-1506, K.S.A. 82a-1501a and this section shall be known and may be cited as the water transfer act. (b) This act shall not be construed as to exempt the applicant from first complying with the provi…

82a-1508. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To t…

82a-1601. Citation of act. This act shall be known and may be cited as the "multipurpose small lakes program act." History: L. 1985, ch. 342, § 1; July 1.

82a-1602. Multipurpose small lakes program established; duties of division of conservation; rules and regulations. In order to provide public water supply storage and water related recreational facilities in the state, there is hereby established a multipurpose small lakes progra…