CHAPTER 98 HOUSE BILL No. 2985 An Act relating to appropriation of water for use in another state; amending K.S.A. 82a-726 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 82a-726 is hereby amended to read as follows: 82a-
726. (a) Any person intending to divert and transport water produced
from a point or points of diversion located in this state for use in another
state, shall make application to the chief engineer of the division of water
resources of the state board of agriculture for a permit to appropriate
water for beneficial use or file an application for change in point of di-
version, place of use, type of use or any combination thereof. If the chief
engineer of the division of water resources finds that the diversion and
transportation of such water complies with the Kansas water appropria-
tion act, and amendments thereto, the provisions of K.S.A. 82a-1501 to
82a-1506, inclusive, and amendments thereto, and any other state law
pertaining to such diversion, transportation and use of water, Subject to
the provisions of subsection (b), the chief engineer shall approve such
application upon such terms, conditions and limitations that the chief
engineer shall deem necessary for the protection of public interest, in-
cluding an express condition that should if any such water be is necessary
to protect the public health and safety of the citizens of this state, such
approved application may be suspended, modified or revoked by the chief
engineer for such necessity.

      (b) The chief engineer shall approve an application pursuant to this
section only if the chief engineer finds that:

      (1) The diversion and transportation of such water complies with the
Kansas water appropriation act, the water transfer act and any other state
law pertaining to such diversion, transportation and use of water;

      (2) the statutes and common law of the state where such water will
be used do not prohibit the use of water at the proposed place of use or
for the proposed type of use, or both, if the water were to be diverted in
that state; and

      (3) the proposed diversion and transportation of water will not allow
water apportioned to the state of Kansas by an interstate water compact
to be used in another state.

      (c) In order to make the finding required by subsection (b)(2), the
chief engineer shall rely on a determination by the attorney general of the
other state of whether the proposed use would be prohibited in that state.

 Sec.  2. K.S.A. 82a-726 is hereby repealed.

 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 16, 2000.
__________