2-1915.   Conservation structures and practices,grants; riparian and wetland protection programs; return of water right,cost-share grants; water quality buffers, grants, valuation of land.(a) Appropriations may be made for grants out of funds in the treasury of thisstate for terraces, terrace outlets, check dams, dikes, ponds, ditches,critical area planting, grassed waterways, tailwater recovery irrigationsystems, precision land forming, range seeding, detention and gradestabilization structures and other enduring water conservation practicesinstalled on public lands and on privately owned lands and, the control anderadication of sericea lespedeza as provided in subsection (n) of K.S.A.2-1908, and amendments thereto, on public lands and on privately owned lands.Except as provided by the multipurpose small lakes program act, any such grantshall not exceed 80% of the total cost of any such practice.

      (b)   A program for protection of riparian and wetland areas shall be developedby the state conservation commission and implemented by the conservationdistricts. The conservation districts shall prepare district programs toaddress resource management concerns of water quality, erosion and sedimentcontrol and wildlife habitat as part of the conservation district long-rangeand annual work plans. Preparation and implementation of conservation districtprograms shall be accomplished with assistance from appropriate state andfederal agencies involved in resource management.

      (c)   Subject to the provisions of K.S.A. 2-1919, and amendments thereto, anyholder of a water right, as defined by subsection (g) of K.S.A. 82a-701, andamendments thereto, who is willing to voluntarily return all or a part of thewater right to the state shall be eligible for a grant not to exceed 80% of thetotal cost of the purchase price for such water right. The state conservationcommission shall administer this cost-share program with funds appropriated bythe legislature for such purpose. The chief engineer shall certify to the stateconservation commission that any water right for which application forcost-share is received under this section is eligible in accordance with thecriteria established in K.S.A. 2-1919, and amendments thereto.

      (d) (1)   Subject to appropriation acts therefor, the state conservationcommission shall develop the Kansas water quality buffer initiative for thepurpose of restoring riparian areas using best management practices. Theexecutive director of the state conservation commission shall ensure that theinitiative is complementary to the federal conservation reserve program.

      (2)   There is hereby created in the state treasury the Kansas water qualitybuffer initiative fund. All expenditures from such fund shall be made inaccordance with appropriation acts upon warrants of the director of accountsand reports issued pursuant to vouchers approved by the executive director ofthe state conservation commission or the executive director's designee. Moneycredited to the fund shall be used for the purpose of making grants to installwater quality best management practices pursuant to the initiative.

      (3)   The county or district appraiser shall identify and map riparian buffersconsisting of at least one contiguous acre per parcel of real property locatedin the appraiser's county. Notwithstanding any other provisions of law,riparian buffers shall be valued by the county or district appraiser as tamegrass land, native grass land or waste land, as appropriate. As used in thissubsection (3), "riparian buffer" means an area of stream-side vegetation that:(A) Consists of tame or native grass and may include forbs and woody plants;(B) is located along a perennial or intermittent stream, including the streambank and adjoining floodplain; and (C) is a minimum of 66 feet wide and amaximum of 180 feet wide.

      (e)   The state conservation commission shall adopt rules and regulations toadminister such grant and protection programs.

      (f)   Any district is authorized to make use of any assistance whatsoever givenby the United States, or any agency thereof, or derived from any other source,for the planning and installation of such practices. The state conservationcommission may enter into agreements with other state and federal agencies toimplement the Kansas water quality buffer initiative.

      History:   L. 1937, ch. 5, § 15;L. 1976, ch. 7, § 5;L. 1979, ch. 9, § 1;L. 1985, ch. 342, § 9;L. 1986, ch. 7, § 1;L. 1987, ch. 10, § 1;L. 1988, ch. 396, § 2;L. 1989, ch. 308, § 1;L. 1998, ch. 143, § 46;L. 2001, ch. 64, § 1;L. 2002, ch. 37, § 3;L. 2004, ch. 96, § 4; July 1.