CHAPTER 29 SENATE BILL No. 500 An Act concerning the Kansas water office; relating to employees of the Kansas water office
and members of the Kansas water authority; amending K.S.A. 1999 Supp. 74-2614 and
74-2622 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 74-2614 is hereby amended to read as
follows: 74-2614. (a) The director of the Kansas water office, with the
consent of the governor, may appoint such employees as deemed nec-
essary to carry out the powers, duties and functions of the Kansas water
office and the director of the Kansas water office. Except as provided by
subsection (b), all such employees shall be in the classified service of the
Kansas civil service act.

      (b) Upon a vacancy in the position of assistant director of the Kansas
water office or upon a transfer as provided in this subsection, the assistant
director of the Kansas water office shall be in the unclassified service of
the Kansas civil service act and shall serve at the pleasure of the director
of the Kansas water office. Nothing in this subsection shall affect the clas-
sified status of the person employed as assistant director of the Kansas
water office on the day immediately preceding the effective date of this
act unless such person voluntarily transfers to the unclassified service
under the Kansas civil service act by submitting a written, signed request
for such transfer to the director of the Kansas water office and the director
of personnel services of the department of administration as provided in
this subsection.

      Sec.  2. K.S.A. 1999 Supp. 74-2622 is hereby amended to read as
follows: 74-2622. (a) There is hereby established within and as a part of
the Kansas water office the Kansas water authority. The authority shall
be composed of 23 members of whom 13 shall be appointed as follows:
(1) One member shall be appointed by the governor, subject to confir-
mation by the senate as provided in K.S.A. 75-4315b, and amendments
thereto. Except as provided by K.S.A. 1999 Supp. 46-2601, such person
shall not exercise any power, duty or function as a member or chairperson
of the water authority until confirmed by the senate. Such member shall
serve at the pleasure of the governor and shall be the chairperson of the
authority; (2) except as provided by subsection (b), 10 members shall be
appointed by the governor for terms of four years. Of the members ap-
pointed under this provision one shall be a representative of large mu-
nicipal water users, one shall be representative of small municipal water
users, one shall be a board member of a western Kansas groundwater
management district, one shall be a board member of a central Kansas
groundwater management district, one shall be a member of the Kansas
association of conservation districts, one shall be representative of indus-
trial water users, one shall be a member of the state association of wa-
tershed districts, one shall have a demonstrated background and interest
in water use conservation and environmental issues, and two shall be
representative of the general public. The member who is representative
of large municipal water users shall be appointed from three nominations
submitted by the league of Kansas municipalities. The member who is
representative of small municipal water users shall be appointed from
three nominations submitted by the Kansas rural water district's associ-
ation. The member who is representative of a western Kansas ground-
water management district shall be appointed from three nominations
submitted by the presidents of the groundwater management district
boards No. 1, 3 and 4. The member who is representative of a central
Kansas groundwater management district shall be appointed from three
nominations submitted by the presidents of the groundwater manage-
ment district boards No. 2 and 5. The member who is representative of
industrial water users shall be appointed from three nominations sub-
mitted by the Kansas association of commerce and industry. The member
who is representative of the state association of watershed districts shall
be appointed from three nominations submitted by the state association
of watershed districts. The member who is representative of the Kansas
association of conservation districts shall be appointed from three nomi-
nations submitted by the state association of conservation districts. If the
governor cannot make an appointment from the original nominations, the
nominating authority shall be so advised and, within 30 days thereafter,
shall submit three new nominations. Members appointed by the governor
shall be selected with special reference to training and experience with
respect to the functions of the Kansas water authority, and no more than
six of such members shall belong to the same political party; (3) one
member shall be appointed by the president of the senate for a term of
two years; and (4) one member shall be appointed by the speaker of the
house of representatives for a term of two years. The state geologist, the
chief engineer of the division of water resources of the state board of
agriculture, the director of the division of environment of the department
of health and environment, the chairperson of the state corporation com-
mission, the secretary of commerce and housing, the director of the Kan-
sas water office, the secretary of wildlife and parks, the administrative
officer of the state conservation commission, the secretary of the state
board of agriculture and the director of the agricultural experiment sta-
tions of Kansas state university of agriculture and applied science shall
be nonvoting members ex officio of the authority. The director of the
Kansas water office shall serve as the secretary of the authority.

      (b) The terms of members appointed pursuant to clause (2) of sub-
section (a) and who are serving on the water authority on the effective
date of this act shall expire on January 15, of the year in which such
member's term would have expired under the provisions of this section
prior to amendment by this act. Thereafter, members shall be appointed
for terms of four years and until their successors are appointed and con-
firmed. A member appointed pursuant to subsection (a)(2) shall be ap-
pointed for a term expiring on January 15 of the fourth calendar year
following appointment and until a successor is appointed and qualified.

      (c) In the case of a vacancy in the appointed membership of the
Kansas water authority, the vacancy shall be filled for the unexpired term
by appointment in the same manner that the original appointment was
made. Appointed members of the authority attending regular or special
meetings thereof shall be paid compensation, subsistence allowances,
mileage and other expenses as provided in K.S.A. 75-3223, and amend-
ments thereto.

      (d) The Kansas water authority shall:

      (1) Consult with and be advisory to the governor, the legislature and
the director of the Kansas water office.

      (2) Review plans for the development, management and use of the
water resources of the state by any state or local agency.

      (3) Make a study of the laws of this state, other states and the federal
government relating to conservation and development of water resources,
appropriation of water for beneficial use, flood control, construction of
levees, drainage, irrigation, soil conservation, watershed development,
stream control, gauging of stream and stream pollution for the purpose
of determining the necessity or advisability of the enactment of new or
amendatory legislation in this state on such subjects.

      (4) Make recommendations to other state agencies and political sub-
divisions of the state for the coordination of their activities relating to
flood control, construction of levees, drainage, irrigation, soil conserva-
tion, watershed development, stream control, gauging of stream, stream
pollution and groundwater studies.

      (5) Make recommendations to each regular session of the legislature
and to the governor at such times as the authority considers advisable
concerning necessary or advisable legislation relating to any of the matters
or subjects which it is required by this act to study for the purpose of
making recommendations to the legislature. All such recommendations
to the legislature shall be in drafted bill form together with such explan-
atory information and data as the authority considers advisable.

      (6) Approve, prior to submission to the legislature by the Kansas wa-
ter office or its director, (A) any contract entered into pursuant to the
state water plan storage act, (B) any amendments to the state water plan
or the state water planning act and (C) any other legislation concerning
water resources of the state.

      (7) Approve, before they become effective, any policy changes pro-
posed by the Kansas water office concerning the pricing of water for sale
pursuant to the state water plan storage act.

      (8) Approve, before it becomes effective, any agreement entered into
with the federal government by the Kansas water office.

      (9) Request any agency of the state, which shall have the duty upon
that request, to submit its budget estimate pertaining to the state's water
resources and any plans or programs related thereto and, upon the au-
thority's receipt of such budget estimate, review and evaluate it and fur-
nish recommendations relating thereto to the governor and the legisla-
ture.

      (10) Approve, prior to adoption by the director of the Kansas water
office, rules and regulations authorized by law to be adopted.

      (11) Approve, prior to adoption by the director of the Kansas water
office, guidelines for conservation plans and practices developed pursuant
to subsection (c) of K.S.A. 74-2608, and amendments thereto.

      (e) The Kansas water authority may appoint citizens' advisory com-
mittees to study and advise on any subjects upon which the authority is
required or authorized by this act to study or make recommendations.

      (f) The provisions of the Kansas governmental operations accounta-
bility law apply to the Kansas water authority, and the authority is subject
to audit, review and evaluation under such law.

 Sec.  3. K.S.A. 1999 Supp. 74-2614 and 74-2622 are hereby repealed.
 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 23, 2000.
__________