2-1919. Cost-share limitations; purchase of surface water right outside the state.
2-1919
2-1919. Cost-share limitations; purchase of surface water right outside the state.
(a) Except as provided by subsection (b), any application
for cost-share for the purchase of the water right under the provisions of
K.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 appropriation
right 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, such
water right is in an area where the rate of withdrawal of groundwater
equals or exceeds the rate of recharge and the chief engineer has closed
the area to further appropriations and designated the area as being in need
of aquifer restoration; (B) in the case of a water right for diverting
groundwater or surface water, such water right is within a stream reach
where the chief engineer has closed the stream reach to further
appropriations 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 least
20% 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 to
the custodial care of the state.
(b) In the case of a purchase of a surface water right from outside the
state, such purchase shall be considered and evaluated by the chief
engineer on the basis of the potential of the water right to provide stream
recovery within a designated stream reach.
History: L. 1988, ch. 396, § 4; July 1.