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Minutes for HB2665 - Committee on Water and Environment
Short Title
Establishing a Kansas water law study commission.
Minutes Content for Tue, Feb 13, 2018
The Chair opened the hearing on HB2665.
Staff Matt Sterling briefed the Committee on the bill (Attachment 8). He stated that the bill would establish the Kansas Water Law Study Commission to work under the Kansas Water Authority to conduct a comprehensive water law study.
Representative Rahjes, commenting on the interim water study, spoke in favor of the bill; he said the Kansas Water Law was outdated and needed to address current water issues (Attachment 9).
Burke Griggs, an attorney and water-law authority, testified in favor of the bill . He commented on the interim study and the recommendations from the interim committee incorporated into the bill. He also noted the cost, stating that the Kansas Water Office has estimated a cost of $200,000 for the study (Attachment 10).
Written testimony in support of the bill was provided by Kent Askren, Kansas Farm Bureau (Attachment 11), and David Pope, Kansas Society of Professional Engineers (Attachment 12).
Mr. Rude spoke in support of the bill; he stated that independent legal review and study are overdue for state water laws. He asked that, if the commission is established, the right to local control in the GMD Act be respected (Attachment 13).
Aaron Popelka, Kansas Livestock Association, testified as an opponent to the bill (Attachment 14). He expressed dismay that three lawyers would be authorized to develop an opinion about Kansas water law, and he observed that there has been minimal interest in such a study.
Susan Metzger, Kansas Department of Agriculture, spoke in opposition to the bill (Attachment 15). She noted that studies of the state's water law were conducted in 1945, 1957,and 1978, with incremental improvements occurring as needed. Such improvement would indicate that another study is not warranted at this time.
Conferees responded to members' questions:
- The Endangered Species Act creates an ongoing problem for water law. (Mr. Griggs)
- A recommendation from the Kansas Water Authority should be included in any decision about a water-law study. (Ms. Metzger and Mr Rude)
The Chair closed the hearing on HB2665.
