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Home » US Law » 2021 Kansas Statutes » Chapter 82a - Waters And Watercourses » Article 23 - Lower Smoky Hill Water Supply Access Program

82a-2301 Lower Smoky Hill Water Supply Access Program; definitions.

82a-2301. Lower Smoky Hill Water Supply Access Program; definitions. As used in K.S.A. 82a-2301 through 82a-2324, and amendments thereto, unless the context otherwise requires: (a) “Access water” means water stored in water supply access storage of a reservoir under a water reservation right and provided as supplemental water to eligible water right holders. (b) “Chief […]

82a-2302 Same; program established; powers of Kansas Water Office.

82a-2302. Same; program established; powers of Kansas Water Office. There is hereby established the lower smoky hill water supply access program within the Kansas water office. The Kansas water office, with approval of the Kansas water authority, may negotiate and enter into contracts for water supply access storage to be used for the purposes of […]

82a-2303 Same; access fund.

82a-2303. Same; access fund. There is hereby established in the state treasury the lower smoky hill water supply access fund which shall be administered by the Kansas water office. All expenditures from the lower smoky hill water supply access fund shall be for the purposes of this act. All expenditures from the lower smoky hill […]

82a-2304 Same; authorization of district; members; incorporating governing body.

82a-2304. Same; authorization of district; members; incorporating governing body. (a) There is hereby authorized the lower smoky hill water supply access district. (b) Upon receipt of an application for membership within the district, the director of the Kansas water office may determine the need to create an incorporating governing body for the district, and upon […]

82a-2305 Same; membership eligibility.

82a-2305. Same; membership eligibility. (a) A prospective member may join the district if the prospective member: (1) Applies to the Kansas water office for water supply access storage, for the purposes of this act; and (2) has or applies for a water right eligible for membership under this act. (b) Prospective members may be approved […]

82a-2306 Same; board of directors.

82a-2306. Same; board of directors. All powers granted to the district shall be exercised by the board of directors. A majority of the directors shall constitute a quorum for the transaction of business. A majority of those directors present and voting shall determine all actions taken by the governing body. History: L. 2011, ch. 89, […]

82a-2307 Same; election of directors.

82a-2307. Same; election of directors. After the initial meeting to elect the governing body, an annual meeting shall be held to elect such directors whose terms shall expire, to render a report on the financial condition and activities of the district and to adopt a budget in the manner provided by K.S.A. 79-2925 et seq., […]

82a-2308 Same; board of directors; meetings.

82a-2308. Same; board of directors; meetings. (a) Regular meetings of the board of directors shall be held no less than quarterly at a place, day and time established by the board of directors. Notice of such meetings shall be given to all members of the district by first class mail, postage prepaid, at least five […]

82a-2309 Same; powers of district.

82a-2309. Same; powers of district. The district incorporated under the provisions of this act shall be a body politic and corporate and shall have the power to: (a) Adopt a seal; (b) sue and be sued by its corporate name; (c) purchase, hold, sell and convey land and personal property and to execute such contracts […]

82a-2310 Same; charges against district members.

82a-2310. Same; charges against district members. (a) The district shall impose charges against each member for the purposes of the district. (1) The total of such charges shall be sufficient to enable the district to pay the Kansas water office the full annual amortized cost incurred by the Kansas water office for the operation, administration […]

82a-2311 Same; negotiation of contracts.

82a-2311. Same; negotiation of contracts. If any member of the district requests an opportunity to renegotiate any existing contracts for the purchase of water supply, as described in K.S.A. 82a-1301 et seq., and amendments thereto, the Kansas water authority and the Kansas water office shall conduct such negotiations on a timely basis and on the […]

82a-2312 Same; releases of water.

82a-2312. Same; releases of water. (a) The chief engineer shall protect releases of water from the kanopolis reservoir for water supply access storage as may be necessary to effectuate the purposes of the releases made pursuant to this act and for the benefit of the district members for whom such releases are made. (b) The […]

82a-2313 Same; conservation plans.

82a-2313. Same; conservation plans. Each member of the district shall adopt conservation plans and practices for such member. Such plans and practices shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office as provided in K.S.A. 74-2608, and amendments thereto. Prior to entering into a contract […]

82a-2314 Same; bonds.

82a-2314. Same; bonds. (a) The Kansas water office is hereby authorized to issue and sell revenue bonds for the purpose of paying all or part of the cost of acquiring a site or sites, constructing, reconstructing, improving and expanding projects within the program area or to finance the purchase of storage in the reservoir using […]

82a-2315 Same; expiration of provisions.

82a-2315. Same; expiration of provisions. If the district authorized pursuant to this act is not formed by December 31, 2020, the provisions of this act shall expire. History: L. 2011, ch. 89, § 15; July 1.

82a-2316 Same; lower smoky hill special irrigation district; authorization.

82a-2316. Same; lower smoky hill special irrigation district; authorization. There is hereby authorized the lower smoky hill special irrigation district for the purpose of participating in the lower smoky hill water supply access program. Such special irrigation district shall be a single member of the lower smoky hill water supply access district. History: L. 2011, […]

82a-2317 Same; special irrigation district; formation and petition.

82a-2317. Same; special irrigation district; formation and petition. (a) The lower smoky hill special irrigation district shall be formed upon petition by eligible irrigation water right holders to the director of the Kansas water office, demonstrating a need for and requesting purchase of 500 acre feet or more for water supply access storage for the […]

82a-2318 Same; special irrigation district; membership.

82a-2318. Same; special irrigation district; membership. (a) Membership of the special irrigation district shall consist of all landowners holding eligible irrigation water rights participating in the petition as described in K.S.A. 82a-2317, and amendments thereto. Additional interested eligible landowners with irrigation surface water rights within the program area may apply for membership in accordance with […]

82a-2319 Same; special irrigation district; governing board; authorities; duties.

82a-2319. Same; special irrigation district; governing board; authorities; duties. (a) There shall be created a governing board of the special irrigation district. Such governing board shall have the authority to: (1) Purchase, allocate, determine, charge fees and assessments for and allow the use, for the benefit of members of the special irrigation district, of water […]

82a-2320 Same; special irrigation district; governing board; elections; meetings.

82a-2320. Same; special irrigation district; governing board; elections; meetings. (a) All powers granted to the special irrigation district under the provisions of this act shall be exercised by an elected governing board. Such governing board shall consist of an odd number of no less than three and no more than nine directors. Elections for board […]