As Amended by House Commettee
         
          Session of 1998
                 
 
SENATE BILL No. 523
         
By Committee on Agriculture
         
1-28
          10        
    AN ACT concerning conservation; relating to the
Kansas water quality
11             buffer initiative;
amending K.S.A. 2-1915 and repealing the existing
12             section.
13             
14       Be it enacted by the Legislature of the
State of Kansas:
15           Section 1. K.S.A.
2-1915 is hereby amended to read as follows: 2-
16       1915. (a) Appropriations may be made for
grants out of funds in the
17       treasury of this state for terraces,
terrace outlets, check dams, dikes,
18       ponds, ditches, critical area planting,
grassed waterways, tailwater recov-
19       ery irrigation systems, precision land
forming, range seeding, detention
20       and grade stabilization structures and
other enduring water conservation
21       practices installed on public lands and on
privately owned lands. Except
22       as provided by the multipurpose small lakes
program act, any such grant
23       shall not exceed 80% of the total cost of
any such practice.
24           (b) A program for
protection of riparian and wetland areas shall be
25       developed by the state conservation
commission and implemented by the
26       conservation districts. The conservation
districts shall prepare district pro-
27       grams to address resource management
concerns of water quality, erosion
28       and sediment control and wildlife habitat
as part of the conservation dis-
29       trict long-range and annual work plans.
Preparation and implementation
30       of conservation district programs shall be
accomplished with assistance
31       from appropriate state and federal agencies
involved in resource man-
32       agement.
33           (c) Subject to the
provisions of K.S.A. 2-1919, and amendments
34       thereto, any holder of a water right, as
defined by subsection (g) of K.S.A.
35       82a-701, and amendments thereto, who is
willing to voluntarily return all
36       or a part of the water right to the state
shall be eligible for a grant not to
37       exceed 80% of the total cost of the
purchase price for such water right.
38       The state conservation commission shall
administer this cost-share pro-
39       gram with funds appropriated by the
legislature for such purpose. The
40       chief engineer shall certify to the state
conservation commission that any
41       water right for which application for
cost-share is received under this
42       section is eligible in accordance with the
criteria established in K.S.A.
43       2-1919, and amendments thereto.
SB 523--Am. by H
2
  1           (d)
(1) Subject to appropriation acts
therefore therefor, the
state
  2       conservation commission shall
develop the Kansas water quality buffer
  3       initiative. The
purpose of the initiative shall be to improve water
quality
  4       by
for the purpose of restoring riparian areas using best
management
  5       practices. The executive director
of the state conservation commission
  6       shall ensure that the initiative
is complimentary
complementary to the
  7       federal conservation reserve
program.
  8        (2) There
is hereby created in the state treasury the Kansas water
  9       quality buffer initiative fund.
All expenditures from such fund shall be
10       made in accordance with appropriations
acts upon warrants of the direc-
11       tor of accounts and reports issued
pursuant to vouchers approved by the
12       executive director of the state
conservation commission or the executive
13       director's designee. Money credited to
the fund shall be used for the pur-
14       pose of making grants to install water
quality best management practices
15       pursuant to the initiative.
A buffer, as used in this section, shall be
defined
16       as an area of streamside
vegetation consisting of tame or native grass
17       which may include forbs and
woody plants along any perennial or inter-
18       mittent stream including the
stream bank and adjoining floodplain that
19       is a minimum of 66 feet wide
and a maximum of 150 feet wide.
20          
(e) (3) The county or district
appraiser shall identify and map
the
21       buffers created by this
section, provided such buffers total at least
one
22       contiguous acre per real
estate parcel riparian buffers consisting of
at
23       least one contiguous acre per parcel of
real property located in
24       the appraiser's county.
Notwithstanding any other provisions of law,
25       the buffers created by this
section riparian buffers shall be valued
by
26       the county or district appraiser as
tame or native grass grass
land, native
27       grass land or waste land, as
appropriate. As used in this subsection
28       (3), ``riparian buffer'' means an area
of stream-side vegetation that:
29       (A) Consists of tame or native grass and
may include forbs and
30       woody plants; (B) is located along a
perennial or intermittent
31       stream, including the stream bank and
adjoining floodplain; (C) is
32       created pursuant to the Kansas water
quality buffer initiative; and
33       (D) is a minimum of 66 feet wide and a
maximum of 150 feet wide.
34           (d)
(f) (e) The state
conservation commission shall adopt rules and
35       regulations to administer such grant and
protection programs.
36           (e)
(g) (f) Any district is
authorized to make use of any assistance
37       whatsoever given by the United States, or
any agency thereof, or derived
38       from any other source, for the planning and
installation of such practices.
39       The state conservation commission may
enter into agreements with other
40       state and federal agencies to implement
the Kansas water quality buffer
41       initiative.
42           Sec. 2. K.S.A.
2-1915 is hereby repealed.
SB 523--Am. by H
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  1           Sec. 3. This
act shall take effect and be in force from and after its
  2       publication in the statute book.
  3