[As Amended by House on Final Action]
Session of 1999
House Substitute for Senate Bill No. 287
By Committee on Environment
3-24
10 AN ACT
concerning water; relating to review of certain decisions of
the
11 chief engineer of the
division of water resources of the department of
12 agriculture; relating
to issuance of certificates of appropriation; estab-
13 lishing the task force
on water issues and providing for the powers and
14 duties thereof;
amending K.S.A. 42-703, 42-722, 42-722a, 82a-708b,
15 82a-711, 82a-714,
82a-718, 82a-724 and 82a-1038 and repealing the
16 existing sections.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19 Section
1. On and after July 1, 1999, K.S.A. 42-703 is hereby
20 amended to read as follows: 42-703. Upon
receipt of the application of
21 the proposed irrigation district by the
chief engineer, the chief engineer
22 shall cause to be published at applicant's
expense, once each week for
23 three consecutive weeks, in a newspaper or
newspapers of general cir-
24 culation in the vicinity of the watercourse
or source of supply from which
25 water is sought for the land to be included
in the proposed irrigation
26 district, a notice of hearing upon such
application. The published notice
27 shall be directed to all persons concerned,
without specifically naming
28 any person. Such notice shall contain among
other matters a general de-
29 scription of boundaries of the district as
proposed; the purpose of the
30 district as proposed; the source of the
water supply sought for use and
31 the approximate point of diversion
proposed; and the date and place of
32 hearing. Incorporated cities shall be
excluded from such district. Any
33 person interested, at any time after first
publication of such notice and
34 prior to the expiration of 60 days after
the first publication of such notice,
35 may file in duplicate with the chief
engineer, a verified written protest
36 against the approval of such application,
stating therein all reasons relied
37 upon in objection thereto, which objections
shall be duly considered by
38 the chief engineer.
39 A person who signs a
petition and application for the organization and
40 incorporation of a proposed irrigation
district shall be permitted to with-
41 draw such person's name as a signer only if
the chief engineer determines
42 that the signature was obtained by fraud,
undue influence or mutual mis-
43 take of fact. All applications for
withdrawal of a signature from the petition
H Sub. for SB 287--Am. on FA
2
1 must be filed with the chief
engineer, within 30 days after the first pub-
2 lication of the notice of hearing.
The chief engineer may hear and deter-
3 mine any such application for
withdrawal of a signature in advance of the
4 hearing for approval of the petition
for establishment and organization of
5 the proposed irrigation district.
6 Any action of
the chief engineer upon an application of a proposed
7 irrigation district is subject to
review in accordance with the provisions of
8 section 10 and amendments thereto.
Any action upon such review is sub-
9 ject to review in accordance with the
act for judicial review and civil
10 enforcement of agency actions.
11 Sec. 2. On
and after July 1, 1999, K.S.A. 42-722 is hereby amended
12 to read as follows: 42-722. Except as
provided by K.S.A. 42-722a and
13 amendments thereto, whenever a
petition signed by a majority of the
14 members of the board of directors of an
irrigation district, or by a majority
15 of the qualified owners of irrigable land
within a district as defined in
16 K.S.A. 42-701, and amendments thereto,
organized or existing under pro-
17 visions of this act, is presented to the
chief engineer praying for the dis-
18 solution of the district, and it shall
appear from the petition that the
19 district has no real property; that the
board of directors has not held a
20 meeting, other than those meetings held for
the purpose of considering
21 any aspect of the election of members of
the board of directors, for more
22 than one year prior to the date resulting
in signing and presentation of
23 the petition; and that the district is not
functioning, had ceased to function
24 and will probably continue inoperative and
that all indebtedness and ob-
25 ligations of the district have been
satisfied, the chief engineer, after such
26 finding, shall issue a certificate in
duplicate, declaring the irrigation dis-
27 trict dissolved. The chief engineer shall
forward the original of the cer-
28 tificate to the secretary of state and the
duplicate to the secretary of the
29 board of directors of the irrigation
district. The certificate shall: (a) Direct
30 the secretary of the district to file all
minutes and records of the district
31 with the county clerk of the county wherein
the registered office of the
32 irrigation district is located; (b) direct
the officer of such district having
33 custody of any personal property other than
moneys to make such dis-
34 position as the chief engineer deems
proper; and (c) direct the treasurer
35 of such district to transfer to the county
treasurers of the counties within
36 such district, moneys held in the name of
the district, to be distributed
37 by such treasurer in proportion to the
number of acres of each county
38 within the district. The county treasurer
shall deposit such moneys into
39 the county general fund. The irrigation
district shall be dissolved and
40 cease to exist upon expiration of 30 days
after the date of the issuance of
41 such certificate, or upon expiration of 30
days after a final order pursuant
42 to section 10 and amendments thereto or
a final judicial determination
43 affirming the findings of the chief
engineer, as set out in the certificate,
H Sub. for SB 287--Am. on FA
3
1 in event that an appeal is taken
to the court therefrom.
2 Sec.
3. On and after July 1, 1999, K.S.A. 42-722a is hereby
amended
3 to read as follows: 42-722a. The
board of directors of Cedar Bluff irri-
4 gation district No. 6 may present a
petition, adopted by a majority of the
5 directors, to the chief engineer
requesting the dissolution of such district.
6 The petition shall state the district
has no real property; and that the
7 district is not functioning, had
ceased to function and probably will con-
8 tinue inoperative; and that all
indebtedness and obligations of the district
9 have been satisfied. Upon finding
that the petition is true, the chief en-
10 gineer shall issue a certificate in
duplicate, declaring the irrigation district
11 dissolved, and shall forward the original
of the certificate to the secretary
12 of state and the duplicate to the secretary
of the board of directors of the
13 irrigation district. The certificate shall:
(a) Direct the secretary of the
14 district to file all minutes and records of
the district with the county clerk
15 of the county wherein the registered office
of the irrigation district is
16 located; (b) direct the officer of such
district having custody of any per-
17 sonal property other than moneys to make
such disposition as the chief
18 engineer deems proper; and (c) direct the
treasurer of such district to
19 distribute moneys held in the name of the
district to the owners of prop-
20 erty within the irrigation district. Such
moneys shall be apportioned to
21 each property owner in the district in the
same proportion that the num-
22 ber of irrigable acres owned by a property
owner, and located in such
23 district, bears to the total number of
irrigable acres in the district. The
24 irrigation district shall be dissolved and
cease to exist upon expiration of
25 30 days after the date of the issuance of
such certificate, or upon expi-
26 ration of 30 days after a final order
pursuant to section 10 and amend-
27 ments thereto or final judicial
determination affirming the findings of the
28 chief engineer, as set out in the
certificate, in event that an appeal is taken
29 to the court
therefrom.
30 Sec. 4. On
and after July 1, 1999, K.S.A. 82a-708b is hereby amended
31 to read as follows: 82a-708b. (a) Any owner
of a water right may change
32 the place of use, the point of diversion or
the use made of the water,
33 without losing priority of right, provided
such owner shall: (1) Apply in
34 writing to the chief engineer for approval
of any proposed change; (2)
35 demonstrate to the chief engineer that any
proposed change is reasonable
36 and will not impair existing rights; (3)
demonstrate to the chief engineer
37 that any proposed change relates to the
same local source of supply as
38 that to which the water right relates; and
(4) receive the approval of the
39 chief engineer with respect to any proposed
change. The chief engineer
40 shall approve or reject the application for
change in accordance with the
41 provisions and procedures prescribed for
processing original applications
42 for permission to appropriate water. If the
chief engineer disapproves the
43 application for change, the rights,
priorities and duties of the applicant
H Sub. for SB 287--Am. on FA
4
1 shall remain unchanged. Any person
aggrieved by an order or decision
2 by the chief engineer relating to an
application for change may appeal to
3 the district court in the
manner prescribed by K.S.A. 82a-724 and amend-
4 ments thereto
petition for review thereof in accordance with the
provi-
5 sions of section 10 and amendments
thereto.
6 (b) Each
application to change the place of use, the point of diversion
7 or the use made of the water under
this section shall be accompanied by
8 the application fee set forth in the
schedule below:
| 9 |
(1) |
Application to change a point of
diversion 300 feet or less |
$50 |
| 10 |
(2) |
Application to change a point of diversion more than 300
feet |
100 |
| 11 |
(3) |
Application to change the place of use |
100 |
| 12 |
(4) |
Application to change the use made of the water |
150 |
13 Any application submitted which requests
two of the types of changes set
14 forth above shall be accompanied by a fee
of $150. Any application which
15 requests three types of changes shall be
accompanied by a fee of $250.
16 (c) All fees
collected by the chief engineer pursuant to this section
17 shall be remitted to the state treasurer as
provided in K.S.A. 82a-731 and
18 amendments thereto.
19 Sec. 5. On
and after July 1, 1999, K.S.A. 82a-711 is hereby amended
20 to read as follows: 82a-711. (a) If a
proposed use neither impairs a use
21 under an existing water right nor
prejudicially and unreasonably affects
22 the public interest, the chief engineer
shall approve all applications for
23 such use made in good faith in proper form
which contemplate the util-
24 ization of water for beneficial purpose,
within reasonable limitations ex-
25 cept that the chief engineer shall not
approve any application submitted
26 for the proposed use of fresh water in any
case where other waters are
27 available for such proposed use and the use
thereof is technologically and
28 economically feasible. Otherwise, the chief
engineer shall make an order
29 rejecting such application or requiring its
modification to conform to the
30 public interest to the end that the highest
public benefit and maximum
31 economical development may result from the
use of such water.
32 (b) In
ascertaining whether a proposed use will prejudicially and un-
33 reasonably affect the public interest, the
chief engineer shall take into
34 consideration:
35 (1) Established
minimum desirable streamflow requirements;
36 (2) the area,
safe yield and recharge rate of the appropriate water
37 supply;
38 (3) the priority
of existing claims of all persons to use the water of
39 the appropriate water supply;
40 (4) the amount of
each claim to use water from the appropriate water
41 supply; and
42 (5) all other
matters pertaining to such question.
43 (c) With regard
to whether a proposed use will impair a use under
H Sub. for SB 287--Am. on FA
5
1 an existing water right, impairment
shall include the unreasonable raising
2 or lowering of the static water level
or the unreasonable increase or de-
3 crease of the streamflow or the
unreasonable deterioration of the water
4 quality at the water user's point of
diversion beyond a reasonable eco-
5 nomic limit. Any person aggrieved by
any order or decision by the chief
6 engineer relating to that person's
application for a permit to appropriate
7 water may appeal to the
district court in the manner prescribed by K.S.A.
8 82a-724, and amendments
thereto petition for review thereof in accord-
9 ance with the provisions of
section 10 and amendments thereto.
10 Sec. 6. On
and after July 1, 1999, K.S.A. 82a-714 is hereby amended
11 to read as follows: 82a-714. (a) Upon the
completion of the construction
12 of the works and the actual application of
water to the proposed beneficial
13 use within the time allowed, the applicant
shall notify the chief engineer
14 to that effect. The chief engineer or the
chief engineer's duly authorized
15 representative shall then examine and
inspect the appropriation diversion
16 works and, if it is determined that the
appropriation diversion works have
17 been completed and the appropriation right
perfected in conformity with
18 the approved application and plans, the
chief engineer shall issue a cer-
19 tificate of appropriation in duplicate. The
original of such certificate shall
20 be sent to the owner and shall be recorded
with the register of deeds in
21 the county or counties wherein the point of
diversion is located, as are
22 other instruments affecting real estate,
and the duplicate shall be made
23 a matter of record in the office of the
chief engineer.
24 (b) Not later
than 60 days before the expiration of the time allowed
25 in the permit to complete the
construction of the appropriation diversion
26 works or the time allowed in the permit
to actually apply water to the
27 proposed beneficial use, the chief
engineer shall notify the permit holder
28 by certified mail that any request for
extension of such time must be filed
29 with the chief engineer before the
expiration of the time allowed in the
30 permit.
31 (c) Unless the
applicant requests an extension or the certificate has
32 not been issued due to the applicant's
failure to comply with reasonable
33 requests for information or to allow the
opportunity to examine and in-
34 spect the appropriation diversion works,
as necessary for certification, the
35 chief engineer shall certify an
appropriation:
36 (1) Before
July 1, 2004, if the time allowed in the permit to perfect
37 the water right expired before July 1,
1999; or
38 (2) not later
than five years after the date the applicant notifies the
39 chief engineer of the completion of
construction of the works and the
40 actual application of water to the
proposed beneficial use, in all other
41 cases.
42 If the chief
engineer fails to issue a certificate within the time
provided
43 by this subsection, the applicant may
request review, pursuant to section
H Sub. for SB 287--Am. on FA
6
1 10 and amendments thereto, of the
chief engineer's failure to act.
2
(b) (d) Except for works constructed
to appropriate water for do-
3 mestic use, each notification to the
chief engineer under subsection (a)
4 shall be accompanied by a field
inspection fee of $200. Failure to pay the
5 field inspection fee, after
reasonable notice by the chief engineer of such
6 failure, shall result in the permit
to appropriate water being revoked,
7 forfeiture of the priority date and
revocation of any appropriation right
8 that may exist. All fees collected by
the chief engineer pursuant to this
9 section shall be remitted to the
state treasurer as provided in K.S.A. 82a-
10 731 and amendments thereto.
11 (c)
(e) A request for an extension of time to: (1) Complete
the diver-
12 sion works; or (2) perfect the water right,
shall be accompanied by a fee
13 of $50.
14 (d)
(f) A request to reinstate a water right or a permit to
appropriate
15 water which has been dismissed shall be
filed with the chief engineer
16 within 60 days of the date dismissed
and shall be accompanied by a fee
17 of $100.
18 Sec. 7. On
and after July 1, 1999, K.S.A. 82a-718 is hereby amended
19 to read as follows: 82a-718. All
appropriations of water must be for some
20 beneficial purpose. Every water right of
every kind shall be deemed aban-
21 doned and shall terminate when without due
and sufficient cause no
22 lawful, beneficial use is henceforth made
of water under such right for
23 three successive years. Before any water
right shall be declared aban-
24 doned and terminated the chief engineer
shall conduct a hearing thereon
25 in accordance with the provisions
of the Kansas administrative procedure
26 act. Notice shall be
served on the user at least 30 days before the date of
27 the hearing. The determination of the
chief engineer pursuant to this
28 section shall be subject to review in
accordance with the provisions of
29 section 10 and amendments
thereto.
30 The verified report of
the chief engineer or such engineer's authorized
31 representative shall be prima facie
evidence of the abandonment and
32 termination of any water right.
33 Sec. 8. On
and after July 1, 1999, K.S.A. 82a-724 is hereby amended
34 to read as follows: 82a-724. Any order
pursuant to section 10 and amend-
35 ments thereto upon review of any
action of the chief engineer pursuant
36 to K.S.A. 82a-704a, 82a-708b, 82a-711 or
82a-718, and amendments
37 thereto, is subject to review in accordance
with the act for judicial review
38 and civil enforcement of agency
actions.
39 Sec. 9. On
and after July 1, 1999, K.S.A. 82a-1038 is hereby amended
40 to read as follows: 82a-1038. (a) In any
case where the chief engineer
41 finds that any one or more of the
circumstances set forth in K.S.A. 82a-
42 1036 and amendments thereto exist and that
the public interest requires
43 that any one or more corrective controls be
adopted, the chief engineer
H Sub. for SB 287--Am. on FA
7
1 shall designate, by order, the area
in question, or any part thereof, as an
2 intensive groundwater use control
area.
3 (b) The
order of the chief engineer shall define specifically the
4 boundaries of the intensive
groundwater use control area and shall indi-
5 cate the circumstances upon which the
findings of the chief engineer are
6 made. The order of the chief engineer
may include any one or more of
7 the following corrective control
provisions: (1) A provision closing the
8 intensive groundwater use control
area to any further appropriation of
9 groundwater in which event the chief
engineer shall thereafter refuse to
10 accept any application for a permit to
appropriate groundwater located
11 within such area; (2) a provision
determining the permissible total with-
12 drawal of groundwater in the intensive
groundwater use control area each
13 day, month or year, and, insofar as may be
reasonably done, the chief
14 engineer shall apportion such permissible
total withdrawal among the
15 valid groundwater right holders in such
area in accordance with the rel-
16 ative dates of priority of such rights; (3)
a provision reducing the permis-
17 sible withdrawal of groundwater by any one
or more appropriators
18 thereof, or by wells in the intensive
groundwater use control area; (4) a
19 provision requiring and specifying a system
of rotation of groundwater
20 use in the intensive groundwater use
control area; (5) any one or more
21 other provisions making such additional
requirements as are necessary to
22 protect the public interest. The chief
engineer is hereby authorized to
23 delegate the enforcement of any corrective
control provisions ordered for
24 an intensive groundwater use control area
to groundwater management
25 district number 4 or to any city, if such
district or city is located within
26 or partially within the boundaries of such
area.
27 (c) Except as
provided by subsection (d), the order of designation of
28 an intensive groundwater use control area
shall be in full force and effect
29 from the date of its entry in the records
of the chief engineer's office
30 unless and until its operation shall be
stayed by an appeal therefrom from
31 an order entered on review of the chief
engineer's order pursuant to sec-
32 tion 10 and amendments thereto in
accordance with the provisions of the
33 act for judicial review and civil
enforcement of agency actions. The chief
34 engineer upon request shall deliver a copy
of such order to any interested
35 person who is affected by such order, and
shall file a copy of the same
36 with the register of deeds of any county
within which such designated
37 control area lies.
38 (d) If the
holder of a groundwater right within the area designated
39 as an intensive groundwater use control
applies for review of the order
40 of designation pursuant to section 10
and amendments thereto, the pro-
41 visions of the order with respect to the
inclusion of the holder's right
42 within the area may be stayed in
accordance with the Kansas adminis-
43 trative procedure act.
H Sub. for SB 287--Am. on FA
8
1 New Sec.
10. (a) Orders of the chief engineer of the division of
water
2 resources of the department of
agriculture pursuant to K.S.A. 42-703, 42-
3 722, 42-722a, 82a-708b, 82a-711,
82a-718 and 82a-1038, and amend-
4 ments thereto, and failure of the
chief engineer to act pursuant to K.S.A.
5 82a-714, and amendments thereto,
shall be subject to review in accord-
6 ance with the provisions of the
Kansas administrative procedure act.
7 Such review
shall be conducted by the secretary of agriculture or by
8 an administrative law judge or
presiding officer from the office of admin-
9 istrative hearings within the
department of administration. The secretary
10 of agriculture shall not have the authority
otherwise to designate a pre-
11 siding officer to conduct such review.
12 (b) The order of
the secretary of agriculture or the administrative law
13 judge or presiding officer upon review
pursuant to subsection (a) shall be
14 a final order under the Kansas
administrative procedure act. Such order
15 shall not be subject to reconsideration
pursuant to K.S.A. 77-529 and
16 amendments thereto and shall be subject to
review in accordance with
17 the act for judicial review and civil
enforcement of agency actions.
18 (c) This act
shall not affect any administrative proceeding pending
19 before the chief engineer of the division
of water resources of the de-
20 partment of agriculture, the secretary of
agriculture or any administrative
21 hearing officer on July 1, 1999, and such
matter shall proceed as though
22 no change in the law had been made with
regard to such proceeding.
23 (d) The
provisions of this section shall take effect on and after July
24 1, 1999.
25 New Sec.
11. (a) The office of administrative hearings within the
26 department of administration shall contract
with or employ administrative
27 law judges or presiding officers, court
reporters and other support per-
28 sonnel as necessary to conduct proceedings
required by section 10 and
29 amendments thereto. Any administrative law
judge or presiding officer
30 contracted with or employed to conduct such
proceedings shall be ad-
31 mitted to practice law in this state and
shall be knowledgeable by training
32 and experience in water policies and
administrative procedure. For the
33 purposes of this section, the office may
employ regular part-time person-
34 nel. Persons employed by the office of
administrative hearings pursuant
35 to this section shall be under the
classified civil service.
36 (b) The office of
administrative hearings within the department of
37 administration may establish and collect
reasonable amounts for services
38 provided pursuant to this section.
39 New Sec.
12. (a) [(1)] On or before November 15, 1999, the
chief
40 engineer of the division of water resources
of the department of agricul-
41 ture, in accordance with K.S.A. 77-420 and
amendments thereto, shall
42 submit to the secretary of administration
and the attorney general pro-
43 posed rules and regulations containing all
current standards, statements
H Sub. for SB 287--Am. on FA
9
1 of policy and general orders that:
(1) [(A)] Have been issued or
adopted
2 by the chief engineer or
by any groundwater management district;
(2);
3 [(B)] are of general
application and have the effect of law; and
(3) [(C)]
4 are not contained in current rules
and regulations adopted by the chief
5 engineer.
6
(b) [(2)] If any standard,
statement of policy or general order de-
7 scribed in subsection (a)
[(1)] is not submitted as required by subsection
8 (a), such standard, statement of
policy or general order shall be void and
9 of no effect after November 15, 1999,
until adopted by rules and regu-
10 lations.
11 [(b)
(1) On or before March 1, 2000, each groundwater man-
12 agement district shall submit to the
chief engineer of the division
13 of water resources of the department of
agriculture recommended
14 rules and regulations containing all
current standards, statements
15 of policy and general orders that: (A)
Have been issued or adopted
16 by such district; (B) are of general
application within the district
17 and have the effect of law; and (C) are
not contained in current
18 rules and regulations adopted by the
chief engineer.
19 [(2) If any
standard, statement of policy or general order de-
20 scribed in subsection (b)(1) is not
submitted as required by that
21 subsection, such standard, statement of
policy or general order
22 shall be void and of no effect after
March 1, 2000, until adopted
23 by rules and regulations.]
24 New Sec.
13. The chief engineer of the division of water resources
25 of the department of agriculture, for good
cause shown, may grant an
26 exemption from or waiver of a rule and
regulation adopted by the chief
27 engineer if the chief engineer determines
that the exemption or waiver
28 will not prejudicially or unreasonably
affect the public interest and will
29 not impair any existing water right. The
exemption or waiver shall be in
30 writing and shall include the reason for
the exemption or waiver.
31 New Sec.
14. (a) There is hereby established the task force on
water
32 issues. The task force shall consist of the
following members:
33 (1) Two members
of the house of representatives appointed by the
34 speaker of the house of representatives and
one member of the house of
35 representatives appointed by the minority
leader of the house of repre-
36 sentatives;
37 (2) two members
of the senate appointed by the president of the
38 senate and one member of the senate
appointed by the minority leader
39 of the senate;
40 (3) a member of
the Kansas water authority designated by the au-
41 thority;
42 (4) a
representative of environmental interests who is an authority
on
43 water issues, appointed by the
governor;
H Sub. for SB 287--Am. on FA
10
1 (5) two
representatives of groundwater management districts ap-
2 pointed by the groundwater management
district association;
3 (6) a
member of the board of directors of the water protection as-
4 sociation of central Kansas (Water
PACK) designated by the board;
5 (7) a
representative of large cities and a representative of small
cities,
6 designated by the league of Kansas
municipalities;
7 (8) a
representative of industrial water users, appointed by the
Kansas
8 chamber of commerce and industry;
9 (9) two
representatives of agricultural interests, appointed by the
gov-
10 ernor;
11 (10) the
secretary of wildlife and parks or a person designated by the
12 secretary;
13 (11) a
representative of rural water districts designated by the
Kansas
14 rural water association; and
15 (12) a
representative of aggregate producers designated by the Kan-
16 sas aggregate producers association.
17 (b) The
legislative coordinating council shall designate two of the
leg-
18 islative members of the task force to
serve, respectively, as chairperson
19 and vice-chairperson of the task force.
20 (c) The task
force shall meet on call of the chairperson of the task
21 force.
22 (d) The staff of
the office of the revisor of statutes, the legislative
23 research department and the division of
legislative administrative services
24 shall provide such assistance as may be
requested by the task force and
25 authorized by the legislative coordinating
council. The legislative division
26 of post audit shall provide such assistance
as may be requested by the
27 task force and authorized by the
legislative post audit committee. The
28 Kansas water office, Kansas geological
survey, Kansas biological survey,
29 department of health and environment, the
department of agriculture,
30 the state conservation commission,
institutions under the state board of
31 regents, the state corporation commission
and all other state agencies
32 shall provide assistance to the task force
as may be requested by the task
33 force.
34 (e) Task force
members enumerated in subsections (a)(1) and (2)
35 shall receive amounts provided by
subsection (e) of K.S.A. 75-3223 and
36 amendments thereto for each day of actual
attendance at any meeting of
37 the task force or any subcommittee meeting
approved by the task force.
38 Such amounts paid to members shall be paid
from appropriations to the
39 legislative coordinating council pursuant
to vouchers prepared by the di-
40 rector of legislative administrative
services and approved by the chair-
41 person or vice-chairperson of the
legislative coordinating council.
42 (f) The task
force shall study and make recommendations related to:
43 (1) The position
of the division of water resources and the chief en-
H Sub. for SB 287--Am. on FA
11
1 gineer within the administrative
hierarchy, including but not limited to
2 the accountability of the chief
engineer, the ability of the chief engineer
3 to take into consideration the public
interest as a whole while balancing
4 conflicting special interests and the
authority of the chief engineer to
5 adopt rules and regulations;
6 (2) the
appropriateness of the procedures and the time required for
7 perfection of water rights and other
provisions of and procedures under
8 the Kansas water appropriation
act;
9 (3) the
water rights purchase program pursuant to K.S.A. 2-1915, 2-
10 1919 and 82a-707, and amendments thereto,
and the water banking pro-
11 posal of the water banking task force of
the division of water resources
12 of the department of agriculture; and
13 (4) any other
water issues that the task force determines appropriate.
14 The task force shall
submit a report of its findings and recommenda-
15 tions pursuant to this subsection to the
house standing committee on
16 environment, the senate standing committee
on energy and natural re-
17 sources and the house and senate standing
committees on agriculture on
18 or before January 10, 2000.
19 (g) The task
force shall study and make recommendations related to:
20 (1) The
relationships among state agencies that have authority to de-
21 termine or impact long-term state policy
relating to water quality and
22 water quantity, including cooperation,
duplication and conflicts that exist
23 in the missions and responsibilities of
such agencies and means of im-
24 proving coordination among such
agencies;
25 (2) the role of
cities in formulation of policy by groundwater man-
26 agement districts; representation of cities
in groundwater management
27 district elections, methods of election of
district directors and the appli-
28 cation of the principle of equal
representation to district boards;
29 (3) siltation
rates of public water supply impoundments and reser-
30 voirs, the impacts of such siltation on
public water supply storage, flood
31 control and recreational opportunities;
32 (4) aquifer
resources, recharge rates, availability of surface water re-
33 sources and the long-term prospects related
to any necessary transition
34 to dryland farming in areas of the state to
maintain sustainable yield and
35 minimum stream flow levels;
36 (5) water
conservation plans and programs and means to improve the
37 effectiveness of such plans and
programs;
38 (6) the potential
for competing water needs for at least the next 20
39 years and means of addressing the
competition; and
40 (7) any other
water issues that the task force determines appropriate.
41 The task force shall
submit a report of its findings and recommenda-
42 tions pursuant to this subsection to the
house standing committee on
43 environment, the senate standing committee
on energy and natural re-
H Sub. for SB 287--Am. on FA
12
1 sources and the house and senate
standing committees on agriculture on
2 or before January 8, 2001.
3 (h) The
task force is hereby abolished on and after July 1, 2001.
4 Sec. 15. On and after July
1, 1999, K.S.A. 42-703, 42-722, 72-722a,
5 82a-708b, 82a-711, 82a-714, 82a-718,
82a-724 and 82a-1038 are hereby
6 repealed.
7 Sec. 16. This act
shall take effect and be in force from and after its
8 publication in the Kansas
register.
9