Brief (1)
HB 2234 would establish a new procedure for landowners in a rural water districts to obtain a release of their lands from a rural water district. Under the bill, landowners may petition the board of directors of the rural water district asking that those lands be released. At least 75 percent of the total number of landowners requesting the release must sign the petition. If the board finds the petition to be in order, the board would be required to conduct a hearing on the petition for release and notice would be mailed to all owners of land requested to be released not later than ten days before the hearing. In considering the petition for release, the rural water district would consider whether the land requested to be released cannot be economically or adequately served by the facilities of the district and whether the release would be in the best interests of the landowners and district based on certain factors outlined in the bill.
Any owner of land requested to be released from the district who is dissatisfied with the determination of the board may bring an action in the district court of the county in which the district is located. The bill also would repeal KSA 82a-630 which is the current statutory provision regarding release of lands from a rural water district.
The bill would become effective upon publication in the Kansas Register.
Background
The General Manager of the Kansas Rural Water Association appeared in support of the bill. The spokesperson stated that the Association had asked six attorneys who actively represent more than 50 rural water districts to consider the appropriate remedy for any owner of land who requests to be released from a rural water district and who is not satisfied with the determination of a rural water board of directors. The spokesperson indicated that the bill reflects the recommendation formulated by the attorneys.
The general counsel to the Kansas Rural Water Association also appeared in support of the bill. This person noted that there is concern that there is absolute discretion by a rural water district board on whether or not to grant the release of lands from the district and that this is subject to abuse. He noted that this concern needs to be balanced against rural water districts' concerns that there be certainty in their boundaries and that it is not merely a convenience to certain landowners. A third conferee distributed comments from the Planning Director of Leavenworth County. These comments suggested an alternative means to the release of lands from a rural water district. The third conferee stated that she preferred the components of 2000 SB 405 over the current provisions of HB 2234.
The House Committee on Environment amended the bill only for a technical error.
The fiscal note indicates that the passage of HB 2234 would have no fiscal effect on state revenues or expenditures.
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/fulltext.cgi