82a-1201 Title.
82a-1201. Title. This act shall be known as the “Kansas groundwater exploration and protection act.” History: L. 1973, ch. 417, § 1; July 1.
82a-1202 Declaration of purpose.
82a-1202. Declaration of purpose. It is the purpose of this act to provide for the exploration and protection of groundwater through the licensing and regulation of water well contractors in Kansas to protect the health and general welfare of the citizens of this state; to protect groundwater resources from waste and potential pollution by requiring […]
82a-1203 Definitions.
82a-1203. Definitions. As used in this act, unless the context otherwise requires: (a) “Construction of water wells” means all acts necessary to obtaining groundwater by any method for any use including, without limitation, the location of and excavation for the well. (b) “Person” means any individual, association, firm, partnership, corporation or governmental entity. (c) “Sand […]
82a-1205 Administration and enforcement of Kansas groundwater exploration and protection act; license fees; licenses; inspection; personnel; report.
82a-1205. Administration and enforcement of Kansas groundwater exploration and protection act; license fees; licenses; inspection; personnel; report. (a) The secretary shall be responsible for the administration and enforcement of the provisions of this act and any rules and regulations adopted pursuant thereto. (b) The secretary shall fix by rules and regulations reasonable license fees annually […]
82a-1206 Licensure of water well contractors; application fee; disposition of moneys; water well contractors licensing fund abolished; standards for granting license.
82a-1206. Licensure of water well contractors; application fee; disposition of moneys; water well contractors licensing fund abolished; standards for granting license. (a) Every well contractor desiring to engage in the business of constructing, reconstructing or treating water wells in this state shall make initial application for a license to the secretary. Every contractor making such […]
82a-1207 Investigation of qualifications; examination.
82a-1207. Investigation of qualifications; examination. Under such reasonable rules and regulations as the secretary may adopt pertaining to the business of water well contracting and construction of water wells, the secretary shall investigate by examination or otherwise, the qualifications of all applicants for initial licenses as water well contractors to construct, reconstruct or treat wells […]
82a-1209 Term of licenses; renewal; fees; revocation, when.
82a-1209. Term of licenses; renewal; fees; revocation, when. The term of all licenses issued under the provisions of this act shall be July 1 of each year through the following June 30. Any contractor licensed under the provisions of this act may, on or before July 1, each year, renew such license by paying the […]
82a-1210 Revocation of license, when; complaints against licensee; notice and hearing.
82a-1210. Revocation of license, when; complaints against licensee; notice and hearing. Any license issued under this act may be revoked by the secretary (1) when the licensee has practiced fraud or deceit in obtaining a license or otherwise engaging in activities regulated by this act; (2) for negligence or incompetence; or (3) for violating any […]
82a-1211 Appeal from decisions of secretary.
82a-1211. Appeal from decisions of secretary. Appeals from decisions of the secretary may be taken in accordance with the provisions of the Kansas judicial review act. History: L. 1973, ch. 417, § 11; L. 1974, ch. 352, § 179; L. 1984, ch. 313, § 149; L. 2010, ch. 17, § 215; July 1.
82a-1212 Log of drilling, boring or digging; contents; filed with state geological survey.
82a-1212. Log of drilling, boring or digging; contents; filed with state geological survey. Any water well contractor licensed under this act who constructs, reconstructs or plugs a water well shall keep a careful and accurate log of the construction, reconstruction or plugging of such well and shall furnish a record of said well log to […]
82a-1213 Abandoned holes; plugging; failure to properly seal.
82a-1213. Abandoned holes; plugging; failure to properly seal. All holes drilled in search of a water supply and abandoned, shall be properly plugged by the drilling contractor in accordance with rules and regulations established by the secretary in order to assure adequate and proper plugging of abandoned wells to prevent pollution of existing groundwater. Any […]
82a-1214 Penalty for violations of act; enforcement of act.
82a-1214. Penalty for violations of act; enforcement of act. Any person who shall willfully violate any lawful rule or regulation of the secretary relating to water well contracting, or who shall engage in the business of constructing, reconstructing or treating water wells without first having obtained a license as in this act required, or who […]
82a-1215 Severability.
82a-1215. Severability. If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable. History: L. 1973, […]
82a-1216 Civil penalties and orders; appeals; disposition of penalties.
82a-1216. Civil penalties and orders; appeals; disposition of penalties. (a) Any person who violates any provision of the Kansas groundwater exploration and protection act, any rules and regulations adopted thereunder or any order issued by the secretary thereunder shall incur in addition to other penalties provided by law, a civil penalty not to exceed $5,000 […]
82a-1217 Restraining orders and injunctions; proof required.
82a-1217. Restraining orders and injunctions; proof required. (a) Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any person to restrain or prevent any violation […]
82a-1218 Application of penalties to sand and well point wells, exception.
82a-1218. Application of penalties to sand and well point wells, exception. (a) The provisions of K.S.A. 82a-1216 and 82a-1217 shall not apply with respect to any sand point or well point which is used for domestic purposes, or the reconstruction, replacement or treatment thereof, and which has not been abandoned, until the secretary adopts minimum […]
82a-1219 Act supplemental to Kansas groundwater exploration and protection act.
82a-1219. Act supplemental to Kansas groundwater exploration and protection act. K.S.A. 82a-1216, 82a-1217 and 82a-1218 shall be part of and supplemental to the Kansas groundwater exploration and protection act. History: L. 1989, ch. 311, § 5; July 1.