Brief ⁽¹⁾

HB 2985 would amend the section of water law dealing with the diversion and transport of water produced in Kansas for use in another state. The bill would amend the law to require that the Chief Engineer of the Division of Water Resources of the Department of Agriculture approve the application for the permit for such a transfer only if:

• the diversion and transportation of the water complies with the Kansas Water Appropriation Act, the Water Transfer Act, and any other state law pertaining to the diversion, transportation, and use of water;



• the statutes and common law of the state where the 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



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

In order for the Chief Engineer to make the finding about the standing of the proposed use in another state, the bill would require that the Chief Engineer receive a determination by the Attorney General of the other state as to whether the proposed use would be prohibited in that state.

Background

This bill was introduced at the request of Representative Holmes. At the hearing on the bill, a statement from Representative Holmes was read. The statement indicated that a hog operator from the State of Oklahoma had proposed to transfer water from Kansas to an operation in Oklahoma. The State of Oklahoma had denied a water application due to the operation's proximity to a recreational facility in Oklahoma. The operation in Oklahoma is no longer pursuing the transfer of water from the State of Kansas. There were no opponents to the bill. The Chief Engineer responded to questions from Committee members.

The Senate Committee on Energy and Natural Resources amended the bill to provide an additional limitation on the Chief Engineer's decision whether to approve an application for the diversion of water to another state. The additional limitation is that the proposed diversion and transportation of water will not allow water apportioned to Kansas by an interstate water compact to be used in another state.

The fiscal note on the original bill stated that the Department of Agriculture believes that the bill could be implemented without any additional expenditure authority or personnel.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html