Chapter 82a, WATERS AND WATERCOURSES

82a-1603. Definitions. When used in this act: (a) "Chief engineer" means the chief engineer of the division of water resources of the department of agriculture. (b) "Class I funded project" means a proposed new project or renovation of an existing project located within the bound…

82a-1604. State participation in class I multipurpose small lake project; general plan required; duties of water office; duties of sponsor; costs; sale of water rights. (a) The state may participate with a sponsor in the development, construction or renovation of a class I multip…

82a-1605. State participation in class II multipurpose small lake project; general plan required; duties of water office; duties of sponsor; costs; sale of water rights. (a) The state may participate with a sponsor in the development, construction or renovation of a class II mult…

82a-1606. State participation in class III multipurpose small lake project; general plan required; duties of water office; duties of sponsor; costs; sale of water rights. (a) The state may participate with a sponsor in the development, construction or renovation of a class III mu…

82a-1607. Application for participation in program; review and approval by division of conservation; appropriation of funds. Sponsors shall apply to the division for participation in the multipurpose small lakes program. The review and approval process of the division shall be es…

82a-1608. Local nonpoint source management plan required; water conservation plan. (a) If state financial participation is approved for a multipurpose small lake project, the Kansas department of agriculture division of conservation shall require a local nonpoint source managemen…

82a-1609. Cost-benefit analysis of alternatives required prior to request for appropriation; state agency and public review and comment; duties of division of conservation. (a) Before the Kansas department of agriculture division of conservation requests any appropriation for any…

82a-1701. Water development projects; definitions. The words and phrases used in K.S.A. 82a-1702 to 82a-1704, inclusive, and amendments thereto shall have the meaning ascribed to such words and phrases by K.S.A. 82a-902 and amendments thereto. History: L. 1996, ch. 17, § 6; July …

82a-1702. State financial assistance, conditions. (a) The state shall provide financial assistance to certain public corporations for part of the costs or reimbursement of part of the costs of installation of water development projects that derive general benefits to the state as…

82a-1703. Same; application for financial assistance; division of conservation, duties. The governing body of each public corporation eligible for state financial assistance under the provisions of this act shall make application for state payment each year to the Kansas departme…

82a-1704. Same; resolution of governing body seeking financial assistance. In order that any public corporation eligible for state payments under the provisions of this act may receive payment from the state, the governing body of the public corporation shall adopt and transmit t…

82a-1801. Moneys recovered in certain litigation; disposition. (a) All moneys recovered by the state of Kansas from the states of Colorado or Nebraska to resolve disputes arising under the Arkansas river compact or the Republican river compact shall be deposited in the state trea…

82a-1802. Same; interstate water litigation fund. (a) There is hereby established in the state treasury the interstate water litigation fund, to be administered by the attorney general. (b) Revenue from the following sources shall be credited to the interstate water litigation fu…

82a-1803. Same; water conservation projects fund redesignated Arkansas river water conservation projects fund; source of funds; projects. (a) There is hereby established in the state treasury the water conservation projects fund, to be administered by the director of the Kansas w…

82a-1804. Republican river water conservation projects — Nebraska moneys fund; Republican river water conservation projects — Colorado moneys fund. (a) There is hereby established in the state treasury the Republican river water conservation projects — Nebraska moneys fund to be …

82a-1805. Arkansas river water conservation projects fund; Republican river water conservation projects — Nebraska moneys fund; Republican river water conservation projects — Colorado moneys fund; expenditures; interest. (a) (1) Any person or entity may apply to the director of t…

82a-1901. Orders of chief engineer; review. (a) Orders of the chief engineer of the division of water resources of the department of agriculture pursuant to K.S.A. 82a-708b and 82a-711, and amendments thereto, and K.S.A. 82a-737 and 82a-770, and amendments thereto, and failure of…

82a-1903. Rules and regulations; adoption of certain measures as rules and regulations. (a) (1) On or before November 15, 1999, the chief engineer of the division of water resources of the Kansas department of agriculture, in accordance with K.S.A. 77-420, and amendments thereto,…

82a-1904. Same; exemption from or waiver of rule and regulation. The chief engineer of the division of water resources of the Kansas department of agriculture, for good cause shown, may grant an exemption from or waiver of a rule and regulation adopted by the chief engineer if th…

82a-1905. Same; review of proposed rules and regulations by secretary of agriculture. Before any proposed rules and regulations of the chief engineer of the division of water resources of the department of agriculture are submitted to the secretary of administration or the attorn…

82a-1906. Notification and publication of certain applications and orders. (a) The division of water resources of the Kansas department of agriculture shall post all complete applications and all orders issued by the division pursuant to K.S.A. 82a-706b, 82a-708a and 82a-708b, an…

82a-2001. Definitions. As used in this act: (a) (1) "Classified stream segments" shall include all stream segments that are waters of the state as defined in K.S.A. 65-161(a), and amendments thereto, and waters described in K.S.A. 65-171d(d), and amendments thereto, that: (A) Are…

82a-2002. Establishment of classified stream segments; use of such. Notwithstanding any other provisions of law and in addition to the powers of the secretary pursuant to K.S.A. 65-171d, and amendments thereto, the secretary shall establish classified stream segments in Kansas an…

82a-2003. Determination of which stream segments are listed as classified stream segments; duration of determination. (a) Prior to December 31, 2002, the department shall review all stream segments listed on the 1999 Kansas surface water register and determine whether such stream…

82a-2004. Listing of all currently classified stream segments; minimum action for unclassified stream segments; information available to public; duration of designation. (a) Prior to October 15, 2001, the department shall make publicly available a listing of all currently classif…

82a-2005. Publication of attainability analysis protocols; review of use attainability analysis; updating of Kansas surface water register. (a) Prior to December 1, 2001, the secretary shall publish as guidance designated use attainability analysis protocols for the revision and …

82a-2006. Reports to the governor and legislature. (a) Annually, on or before the first day of the legislative session, the secretary shall prepare and submit a report to the governor and the chairperson, vice-chairperson and ranking minority member of the standing committees of …

82a-2007. Additional employee authorized for division of conservation. Subject to appropriations, there shall be an additional employee at the Kansas department of agriculture division of conservation to work on total maximum daily load compliance and to coordinate with the depar…

82a-2008. Limitations on secretary's actions. Nothing in this act shall be construed to: (1) Require the secretary to designate the use of any classified stream as secondary contact recreational use pursuant to subsection (c)(7)(A)(ii)(b) of K.S.A. 82a-2001, and amendments theret…

82a-2009. Severability of act. If any provisions of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provisions or application. To th…

82a-2010. Rules and regulations. The secretary of health and environment shall develop and publish proposed rules and regulations to incorporate the provisions of this act, in accordance with the rules and regulations filing act, on or before July 1, 2003. History: L. 2003, ch. 1…

82a-2101. Imposition of fee; election to opt out or in; disposition of revenues. (a) On and after January 1, 2002, there is hereby imposed a clean drinking water fee at the rate of $.03 per 1,000 gallons of water sold at retail by a public water supply system and delivered throug…

82a-2201. Horsethief reservoir benefits district; powers. (a) K.S.A. 82a-2201 through 82a-2211, and amendments thereto, shall be known and may be cited as the horsethief reservoir benefit district act. (b) The powers conferred by this act are for public uses, economic development…

82a-2202. Same; definitions. As used in K.S.A. 82a-2201 through 82a-2211, and amendments thereto: (a) "Act" means the provisions of K.S.A. 82a-2201 through 82a-2211, and amendments thereto; (b) "bonds" mean special obligation bonds or special obligation notes payable from the sou…

82a-2203. Same; creation. There is hereby created the horsethief reservoir benefit district for the purposes provided by this act. History: L. 2004, ch. 65, § 3; April 15.

82a-2204. Horsethief reservoir benefit district; governing board; membership; terms; powers and duties. (a) The governing board of the horsethief reservoir benefit district shall consist of eight members, as follows: (1) Four members to be appointed one each by the board of count…

82a-2205. Same; imposition of district sales tax; rate; procedures; election; duties of state director of taxation. (a) In addition to and notwithstanding any limitations on the aggregate amount of the retailers' sales tax contained in K.S.A. 12-187 through 12-197, and amendments…

82a-2206. Same; suit to set aside creation of district, limitation. No suit to set aside the creation of the district, the authorization or funding of the project or the horsethief reservoir benefit district sales tax shall be brought after the expiration of 30 days from the date…

82a-2207. Same; payment of costs of project. The costs of the project shall be paid from all or any of the following sources: (a) The revenue received from the horsethief reservoir benefit district sales tax authorized by this act; (b) the proceeds of any bonds issued pursuant to…

82a-2208. Same; fund created by district. A fund shall be created by the district for the project and identified by a suitable title. The proceeds from the sale of bonds and any other moneys appropriated by the governing board for such purpose shall be credited to such fund. Such…

82a-2209. Same; issuance of bonds by districts; characteristics; procedures. (a) The district may issue bonds in one or more series to finance the undertaking of the project in accordance with the provisions of this act. Such bonds shall be made payable, both as to principal and …

82a-2210. Same; reports by secretary of revenue; responsibilities of bond trustee, escrow or paying agent. The secretary of revenue, in connection with the horsethief reservoir benefit district for which sales tax revenues are pledged or otherwise intended to be used in whole or …

82a-2211. Same; qualified sunset. If the horsethief reservoir benefit district sales tax authorized pursuant to this act is not imposed by December 31, 2008, the provisions of this act shall expire. History: L. 2004, ch. 65, § 11; April 15.

82a-2212. Same; law enforcement officers. (a) The governing board of the horsethief reservoir benefit district is authorized to appoint a law enforcement manager and law enforcement officers to serve under the command of the law enforcement manager. (b) Those employees of the hor…

82a-2301. Lower Smoky Hill Water Supply Access Program; definitions. As used in K.S.A. 82a-2301 through 82a-2324, and amendments thereto, unless the context otherwise requires: (a) "Access water" means water stored in water supply access storage of a reservoir under a water reser…

82a-2302. Same; program established; powers of Kansas Water Office. There is hereby established the lower smoky hill water supply access program within the Kansas water office. The Kansas water office, with approval of the Kansas water authority, may negotiate and enter into cont…

82a-2303. Same; access fund. There is hereby established in the state treasury the lower smoky hill water supply access fund which shall be administered by the Kansas water office. All expenditures from the lower smoky hill water supply access fund shall be for the purposes of th…

82a-2304. Same; authorization of district; members; incorporating governing body. (a) There is hereby authorized the lower smoky hill water supply access district. (b) Upon receipt of an application for membership within the district, the director of the Kansas water office may d…

82a-2305. Same; membership eligibility. (a) A prospective member may join the district if the prospective member: (1) Applies to the Kansas water office for water supply access storage, for the purposes of this act; and (2) has or applies for a water right eligible for membership…

82a-2306. Same; board of directors. All powers granted to the district shall be exercised by the board of directors. A majority of the directors shall constitute a quorum for the transaction of business. A majority of those directors present and voting shall determine all actions…