2-1919.   Cost-share limitations; purchase of surface water right outside the state.(a) Except as provided by subsection (b), any applicationfor cost-share for the purchase of the water right under the provisions ofK.S.A. 2-1915, and amendments thereto, shall be subject to the following limitations:

      (1)   The water right is an active vested or certified water appropriationright that has not been abandoned under the provisions of K.S.A. 82a-718,and amendments thereto;

      (2) (A)   in the case of a water right for diverting groundwater, suchwater right is in an area where the rate of withdrawal of groundwaterequals or exceeds the rate of recharge and the chief engineer has closedthe area to further appropriations and designated the area as being in needof aquifer restoration; (B) in the case of a water right for divertinggroundwater or surface water, such water right is within a stream reachwhere the chief engineer has closed the stream reach to furtherappropriations and designated the stream reach as being in need of stream recovery;

      (3)   a local entity has provided an assurance that it will pay at least20% of the purchase price negotiated by the entity and the holder of the water right; and

      (4)   the holder of the water right agrees to return the water right tothe custodial care of the state.

      (b)   In the case of a purchase of a surface water right from outside thestate, such purchase shall be considered and evaluated by the chiefengineer on the basis of the potential of the water right to provide streamrecovery within a designated stream reach.

      History:   L. 1988, ch. 396, § 4; July 1.