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Minutes for SB205 - Committee on Agriculture and Natural Resources
Short Title
Authorizing certain water rights in a water bank to participate in multi-year flex accounts on a temporary basis.
Minutes Content for Thu, Feb 16, 2023
Chairperson Kerschen opened the hearing on SB205.
Tamera Lawrence with the Revisor of Statutes Office explained the bill. It would authorize the chief engineer to approve a complete application for the establishment of a multi-year flex account if such water right meets the requirements for a multi-year flex account even if the relevant base water right participates in a water bank. This authorization would expire on December 31, 2023.(Attachment1)
Earl Lewis spoke in favor of the bill. He explained to the committee that there were two ways unused water could be stored. It can be deposited into a water bank and pulled out when it is needed under a term purchase. The second way is to put it into a Multi- Year Flex Account where it can be kept for 5 years. The Kansas Attorney General issued an opinion on January 6, 2023 that the holders of a water right who have placed such right in a safe deposit (water bank) account may not place the same right in a multi-flex account. To address this issue, the bill provides a one time authorization for the producers to allow the Kansas Department of Agriculture to approve Multi-Year Flex Account applications for water rights that operated with the Center Kansas Water Bank in 2022. This one time authorization to process these applications will expire at the end of 2023.(Attachment2)
Orrin Ferel testified in support of the bill. He told the committee that while he supports the bill, he has some concerns with language in the bill. He suggested an amendment that the committee consider before taking action on the bill.(Attachment 3)
Discussion items included the transfer of water rights with the sale of land, the difference between the multi- year flex accounts and the water bank, as well as penalties for over pumping.
Chairperson Kerschen closed the hearing on SB205 and adjourned the meeting at 9 AM.
