82a-1301. State water plan storage act; definitions. As used in this act, unless the context otherwise requires: (a) “Director” means the director of the Kansas water office. (b) “Chief engineer” means the chief engineer of the division of water resources of the Kansas department of agriculture. (c) “Authority” means the Kansas water authority. (d) “Person” […]
82a-1302. Same; waters subject to act. Notwithstanding any other provision in the statutes of this state, waters in conservation storage water supply capacity in any reservoir on the effective date of this act on which the state has given a commitment are hereby recognized as waters belonging to the state subject to the provisions of […]
82a-1303. Same; state “water reservation rights”; acquisition by board; rights authorized to be acquired. (a) Notwithstanding any other provisions in the statutes of this state, the director, in the manner provided in K.S.A. 82a-1304, and amendments thereto, shall be authorized, subject to approval of the authority, to acquire on behalf of the state a water […]
82a-1304. Same; “water reservation rights”; procedure for acquiring; notice, content; acceptance; filing, perfection of rights. The director, on behalf of the state, shall acquire a water reservation right by filing with the chief engineer a written notice which shall include the following: (a) The name of the stream on which the reservoir is located; (b) […]
82a-1305. Same; withdrawal and use of waters; contracts for withdrawal; disposal of surplus water. (a) Whenever the authority finds that a proposed withdrawal and use of water, other than surplus waters, is in the interest of the people of the state of Kansas and will advance the purposes set forth in article 9 of chapter […]
82a-1306. State water plan storage act; contracts for withdrawal and use; required provisions; rate of charges for water. (a) Every contract made under authority of K.S.A. 82a-1305, and amendments thereto, shall include the following: (1) Provision for charges, which shall be set by the director, subject to approval by the authority, at a rate which […]
82a-1307. Same; contracts for withdrawal and use; effective date; filing of contract with secretary of state and legislature; disapproval and revocation by legislature. On or before the 30th calendar day of each regular legislative session, the director shall transmit to the house of representatives and the senate of this state, and to the secretary of […]
82a-1308a. Same; establishment of rates, components; considerations. (a) On July 15 of each year, effective January 1 of the following year, the director, subject to the approval of the authority, shall fix the rate provided for in subsection (a) of K.S.A. 82a-1306, and amendments thereto. The rate fixed shall be equal to the sum of […]
82a-1309. Same; meters, gauges or other measuring devices; director, authority. The director may require any person withdrawing water pursuant to a contract under K.S.A. 82a-1305, and amendments thereto, to install meters, gauges or other measuring devices in accordance with specifications of the director. The director or the director’s agents may read any such device at […]
82a-1310a. Same; application to enter into contract, contents. Any person desiring to enter into a contract under K.S.A. 82a-1305, and amendments thereto, shall file an application therefor with the director. Such application shall be in such form and contain such information as the director requires. History: L. 1983, ch. 343, § 9; L. 1986, ch. […]
82a-1311a. Same; contract negotiations; authority approval, considerations. (a) The date of receipt of each application submitted pursuant to K.S.A. 82a-1310a, and amendments thereto, shall be stamped thereon and authenticated as directed by the director. Applicants shall notify the director in writing that they wish to commence negotiations for a contract to withdraw and use water. […]
82a-1312. Same; contracts filed with chief engineer. A copy of every contract entered into under K.S.A. 82a-1305, and amendments thereto, shall be filed with the chief engineer by the person who is to receive water under the contract. History: L. 1974, ch. 452, § 12; L. 1983, ch. 343, § 11; March 17.
82a-1313. Same; withdrawal of water under contract; exercise and protection of rights. Persons having contracts under K.S.A. 82a-1305 for withdrawal of water may use waters withdrawn thereunder as provided in such contract without obtaining a permit or water right under article 7 of chapter 82a of Kansas Statutes Annotated. Such persons shall be entitled to […]
82a-1314. Same; request for withdrawal of water; release of water; conduct and withdrawal of water. Whenever a person, who has a contract under K.S.A. 82a-1305, and amendments thereto, wishes to make a withdrawal of water, such person shall so advise the director as provided in the contract. Whenever the bed of a watercourse is to […]
82a-1315a. Same; payment of charges; disposition of revenue. Amounts charged pursuant to contracts entered into pursuant to K.S.A. 82a-1305, and amendments thereto, and all other amounts charged pursuant to this act shall be paid to the director. Upon receipt, the director shall remit the entire amount to the state treasurer in accordance with the provisions […]
82a-1315b. Same; acquisition of conservation storage water supply capacity; establishment of state conservation storage water supply fund; deposits and expenditures. (a) The director, subject to approval of the authority, shall acquire or develop conservation storage water supply capacity in impoundments deemed necessary to implement the state water plan. (b) That portion of all moneys received […]
82a-1315c. Water marketing fund created; purposes for which moneys may be expended from fund. (a) There is hereby created in the state treasury the water marketing fund. The director of the Kansas water office may accept or receive moneys from any source, governmental or private, for the purposes for which expenditures may be made from […]
82a-1316. Same; approval of assignment, sale or transfer of contract or interest required; amendment or revocation of contract. No assignment, sale, conveyance or transfer of all or any part of a contract under K.S.A. 82a-1305, and amendments thereto, or of interest thereunder, or of interest therein shall be valid unless and until the same is […]
82a-1317. Same; failure to make payment for water; interest on overdue payment. If any person financially obligated under a contract made under K.S.A. 82a-1305, and amendments thereto, should fail to make any of the payments when due, then the overdue payments shall bear interest compounded annually at the rate equal to the average rate of […]
82a-1318. Same; enforcement of claim or right or provisions of act or rules and regulations; authority of authority; attorney general, duties. The authority may sue in its own name, or may authorize suit to be brought by an authorized representative in the name of the authority, to enforce any claim or right arising out of […]
