CHAPTER 71
HOUSE BILL No. 2133
An Act amending the multipurpose small lakes program act; amending
K.S.A. 82a-1602,
82a-1603, 82a-1604, 82a-1605 and 82a-1606 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 82a-1602 is
hereby amended to read as follows:
82a-1602. In order to provide public water supply storage and water
re-
lated recreational facilities in the state there is hereby
established a mul-
tipurpose small lakes program. The program shall be administered by
the
state conservation commission. Except as otherwise provided by
this act,
the state conservation commission shall adopt all rules and
regulations
necessary to implement the provisions of this act.
Sec. 2. K.S.A. 82a-1603 is hereby
amended to read as follows: 82a-
1603. When used in this act:
(a) ``Chief engineer'' means the chief
engineer of the division of water
resources of the state board of agriculture.
(b) ``Class I funded project'' means a
proposed new project or ren-
ovation of an existing project located within the boundaries of an
organ-
ized watershed district which is receiving or is eligible to
receive financial
participation from the state conservation commission for the flood
control
storage portion of the project.
(c) ``Class II funded project'' means a
proposed new project or ren-
ovation of an existing project which is receiving or is eligible to
receive
financial participation from the federal government.
(d) ``Class III funded project'' means a
proposed new project or ren-
ovation of an existing project located outside the boundaries of an
organ-
ized watershed district which is not receiving or is not eligible
to receive
financial participation from the state conservation commission or
the fed-
eral government except as provided in K.S.A. 82a-1606, and
amendments
thereto.
(e) ``Flood control storage'' means
storage space in reservoirs to hold
flood waters.
(f) ``Future use public water supply
storage'' means storage space
which the Kansas water office determines will be needed within
the next
20 years for use by public water supply users in an area but for
which
there is no current sponsor.
(f) (g) ``General
plan'' means a preliminary engineering report de-
scribing the characteristics of the project area, the nature and
methods
of dealing with the soil and water problems within the project
area, and
the projects proposed to be undertaken by the sponsor within the
project
area. Such plan shall include maps, descriptions and other data as
may
be necessary for the location, identification and establishment of
the char-
acter of the work to be undertaken; a cost-benefit analysis of
alternatives
to the project, including but not limited to, nonstructural flood
control
options and water conservation and reuse to reduce need for new
water
supply storage; and any other data and information as the chief
engineer
may require.
(g) (h) ``Land
right'' means real property as that term is defined by
the laws of the state of Kansas and all rights thereto and interest
therein
and shall include any road, highway, bridge, street, easement or
other
right-of-way thereon.
(h)
(i) ``Multipurpose small lake project'' means a dam and
lake con-
taining (1) flood control storage and (2) either public water
supply storage
or recreation features or both.
(i) (j) ``Public
water supply'' means a water supply for municipal, in-
dustrial or domestic use.
(j) (k) ``Public
water supply storage'' means storage of water for mu-
nicipal, industrial or domestic use.
(k)
(l) ``Recreation feature'' means water storage and
related facilities
for activities such as swimming, fishing, boating, camping or other
related
activities.
(m) ``Renovation'' means repair or
restoration of an existing lake
which contains water storage space for use as a public water
supply and
which has either recreational purposes or flood control
purposes, or both.
(l)
(n) ``Sponsor'' means: (1) Any political
subdivision of the state
which has the power of taxation and the right of eminent domain;
(2) any
public wholesale water supply district; or (3) any rural water
district.
(m) (o) ``Water
user'' means any city, rural water district, wholesale
water district or any other political subdivision of the state
which is in the
business of furnishing municipal or industrial water to the
public.
Sec. 3. K.S.A. 82a-1604 is hereby
amended to read as follows: 82a-
1604. (a) The state may participate with a sponsor in the
development,
construction or renovation of a class I multipurpose small lake
project if
the sponsor has a general plan which has been submitted to and
approved
by the chief engineer in the manner provided by K.S.A. 24-1213 and
24-
1214, and amendments thereto. If the Kansas water office
determines
that additional public water supply storage shall be needed in that
area
of the state within 20 years from the time such project is to be
completed
and a water user is not available to finance public water supply
storage,
the state may include future use public water supply storage
in the project.
The Kansas water office shall apply for a water appropriation right
suf-
ficient to insure a dependable yield from the public water supply
storage.
The Kansas water office shall be exempt from all applicable fees
imposed
pursuant to K.S.A. 82a-701 et seq., and amendments thereto,
for such
applications. The Kansas water office shall have authority to
adopt rules
and regulations relative to the inclusion of public water supply
storage in
proposed projects under this act and the disposition of
state-owned water
rights and associated public water supply storage space in such
projects.
(b) The sponsor of such class I project
shall be responsible for ac-
quiring land rights and for the costs of operation and maintenance
of such
project. The sponsor participating in the construction of
recreation fea-
tures of a project shall pay for that portion of the
project attributable to
recreation. The state may provide up to 50% of the
engineering and
construction costs and up to 50% of the costs of land rights
associated
with recreation features. Subject to the provisions of
subsection (a) sub-
sections (a) and (c), the state may pay up to 100% of the
engineering and
construction costs of flood control and public water supply
storage. All
other costs of such project, including land, construction,
operation and
maintenance shall be paid by the sponsor.
(c) The state shall not participate in
the costs of public water supply
storage in a renovation project unless the Kansas water office
determines
that renovation is the most cost effective alternative for such
storage. The
state shall be authorized to pay only up to 50% of the
engineering and
construction costs of public water supply storage in such a
renovation
project.
(d) The Kansas water office may
recover the state's costs incurred in
providing public water supply storage in such class I project,
and interest
on such costs, by selling such storage and the associated
water rights.
Interest on such costs shall be computed at a rate per annum
which is
equal to the greater of: (1) The average rate of interest earned
the past
calendar year on repurchase agreements of less than 30 days'
duration
entered into by the pooled money investment board, less 5%; or
(2) four
percent.
Sec. 4. K.S.A. 82a-1605 is hereby
amended to read as follows: 82a-
1605. (a) The state may participate with a sponsor in the
development,
construction or renovation of a class II multipurpose small lake
project if
the sponsor has a general plan which has been submitted to and
approved
by the chief engineer in the manner provided by K.S.A. 24-1213 and
24-
1214, and amendments thereto. If the Kansas water office
determines
that additional public water supply storage shall be needed in that
area
of the state within 20 years from the time such project is to be
completed
and a water user is not available to finance public water supply
storage,
the state may include future use public water supply storage
in the project.
The Kansas water office shall apply for a water appropriation right
suf-
ficient to insure a dependable yield from public water supply
storage. The
Kansas water office shall be exempt from all applicable fees
imposed
pursuant to K.S.A. 82a-701 et seq., and amendments thereto,
for such
applications. The Kansas water office shall have authority to
adopt rules
and regulations relative to the inclusion of public water supply
storage in
proposed projects under this act and the disposition of
state-owned water
rights and associated public water supply storage space in such
projects.
(b) In a class II project, the state may
assume initial financial obli-
gations for public water supply storage in watersheds by entering
into
long-term contracts with the federal government. In order to
provide
security to the federal government, the state may grant assignments
of
water rights, either appropriation rights or water reservation
rights; as-
signments of rights under existing or prospective water purchase
con-
tracts; assignments, mortgages or other transfers of interests in
real prop-
erty held by the state and devoted to the specific small lake
project for
which security is sought; or may provide other security that is
permissible
under state law and acceptable by the federal government. Instead
of
contracting to repay costs under long-term contracts, the state may
pay
all of the required costs of the public water supply storage in a
lump sum.
(c) The sponsor of such class II project
shall be responsible for ac-
quiring land rights and for the costs of operation and maintenance
of such
project. The sponsor participating in the construction of
recreation fea-
tures of a project shall pay for that portion of the
project attributable to
recreation. The state or federal government may
provide up to 50% of
the engineering and construction costs and up to 50% of the costs
of land
rights associated with recreation features. Subject to the
provisions of
subsection (d), the state may pay up to 100% of the engineering
and
construction costs of flood control and public water supply
storage. All
other costs of such project, including land, construction,
operation and
maintenance shall be paid by the sponsor.
(d) The state shall not participate in
the costs of public water supply
storage in a renovation project unless the Kansas water office
determines
that renovation is the most cost effective alternative for such
storage. The
state shall be authorized to pay only up to 50% of the
engineering and
construction costs of public water supply storage in such a
renovation
project.
(d) (e) The
Kansas water office may recover the state's costs incurred
in providing public water supply storage in such class II
project, and
interest on such costs, by selling such storage and the
associated water
rights. Interest on such costs shall be computed at a rate per
annum which
is equal to the greater of: (1) The average rate of interest
earned the past
calendar year on repurchase agreements of less than 30 days'
duration
entered into by the pooled money investment board, less 5%; or
(2) four
percent.
Sec. 5. K.S.A. 82a-1606 is hereby
amended to read as follows: 82a-
1606. (a) The state may participate with a sponsor in the
development,
construction or renovation of a class III multipurpose small lake
project
if the sponsor has a general plan which has been submitted to and
ap-
proved by the chief engineer in the manner provided by K.S.A.
24-1213
and 24-1214, and amendments thereto. If public water supply storage
is
included in the project, the sponsor of such class III project
shall pay for
100% of the costs associated with the public water supply storage
portion
of such project unless the Kansas water office determines that
additional
public water supply storage shall be needed in that area of the
state within
20 years from the time such project is to be completed and a
sponsor is
not available to finance 100% of the costs associated with the
public water
supply storage, the state may participate in the future use
public water
supply storage costs of the project. If the state participates in
the public
water supply storage costs, the Kansas water office shall apply for
a water
appropriation right sufficient to insure a dependable yield from
public
water supply storage. The Kansas water office shall be exempt from
all
applicable fees imposed pursuant to K.S.A. 82a-701 et seq.,
and amend-
ments thereto, for such applications. The Kansas water office
shall have
authority to adopt rules and regulations relative to the
inclusion of public
water supply storage in proposed projects under this act and the
dispo-
sition of state-owned water rights and associated public water
supply
storage space in such projects.
(b) The sponsor of such class III project
shall be responsible for ac-
quiring land rights and for the costs of operation and maintenance
of the
project. The sponsor participating in the construction of
recreation fea-
tures of a project shall pay for that portion of the
project attributable to
recreation. The state may provide up to 50% of the
engineering and
construction costs and up to 50% of the costs of land rights
associated
with recreation features. Subject to the provisions of
subsection (c), the
state may pay up to 100% of the engineering and construction costs
of
flood control storage and public water supply storage. All other
costs of
such project, including land, construction, operation and
maintenance,
shall be paid by the sponsor.
(c) The state shall not participate in
the costs of public water supply
storage in a renovation project unless the Kansas water office
determines
that renovation is the most cost effective alternative for such
storage. The
state shall be authorized to pay only up to 50% of the
engineering and
construction costs of public water supply storage in such a
renovation
project.
(d) The Kansas water office may
recover the state's costs incurred in
providing public water supply storage in such class III project,
and inter-
est on such costs, by selling such storage and the associated water
rights.
Interest on such costs shall be computed at a rate per annum which
is
equal to the greater of: (1) The average rate of interest earned
the past
calendar year on repurchase agreements of less than 30 days'
duration
entered into by the pooled money investment board, less 5%; or (2)
four
percent.
Sec. 6. K.S.A. 82a-1602, 82a-1603, 82a-1604,
82a-1605 and 82a-1606
are hereby repealed.
Sec. 7. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 3, 2001.
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