2-1930.   Program established; administration;funding; contracts with landowners; grants, availability, priority; annualreport to legislative committees; public meetings prior to programcommencement.(a) There is hereby established the water right transitionassistance pilot project program. The program shall be administered by thestate conservationcommission. The Kansas department of agriculture, division of water resourcesand recognized local governing agencies, including groundwater managementdistricts, shall cooperate in program implementation. The program shall beadministered for the purpose of reducing consumptive use in the target or highpriority areas of the state by issuing water right transition grants forprivately held water rights.

      (b) (1)   The state conservation commission may receive and expend funds fromthefederal or state government, or private source for the purpose of carrying outthe provisions of this section. The state conservationcommission and the participating groundwater management districts shall carryover unexpended funds from one fiscal year to the next.

      (2)   Federal and state funds shall not exceed $1,500,000 per year.

      (3)   State conservation commission expenditures for permanent partial waterright retirements shall not exceed 30% of the total amount of funds for thewater right transition assistance pilot project program.

      (c)   The state conservation commission mayenter into water right transition assistance pilot project program contractswith landowners that will result in the permanent retirement ofpart or all of landowner historic consumptive use water rightsby action of the chief engineer as provided for in subsection(f) of this section.

      (d)   All applications for permanent water right retirements shall beconsidered for funding.

      (e)   Permanent retirement of partial water rights shall only be approved bythe Kansas department of agriculture division of water resources when thegroundwater management district has the metering and monitoring capabilitiesnecessary to ensure compliance with the program. When prioritizing among waterright applications for acceptance under thewater right transition assistance pilot project, where rights with similarhydrologic impacts are considered, priority should be given to the senior rightas determined under the Kansas water appropriation act.

      (f)   Water rights enrolled in the water right transition assistance pilotproject programfor permanent retirement shall require the written consent of all landownersand authorized agents to voluntarily request dismissal and forfeiture ofpriority of the enrolled water right. Upon enrollment of the water right intothe water right transition assistance pilot project program, the chief engineerof theKansas department of agriculture division of water resources shall concurrentlydismiss and terminate the water right in accordance with the terms of thecontract.

      (g) (1)   The state conservation commission shall make water right transitiongrants available only inareas that have been designated as targetor high priority areas by the groundwater management districts and the chiefengineer of the Kansas department of agriculture division of water resourcesor priority areas outside the groundwater management districts as designatedby the chief engineer of the Kansas department of agriculture division of waterresources.

      (2)   Two of the targetor high priority areas shall be the prairie dog creek area located inhydrologic unit code 10250015 and the rattlesnake creek subbasin located inhydrologic unit code 11030009.

      (h)   Contracts accepted under the water right transition assistance programshall result in a net reduction in consumptive use equivalent to the amount ofhistoric consumptive use of the water right or rights enrolled in the programbased on the average historic consumptive water use. Except as provided for insubsections (i) and (j), once a water right transition assistance pilot projectprogram granthas been provided, the land authorized to be irrigated by the water right orwater rights associated with that grant shall not be irrigatedpermanently. Waterright transition assistance pilot project program contracts shall be subject tosuch terms,conditions and limitations as may be necessary to ensure that such reduction inconsumptive use occurs and can be adequately monitored and enforced.

      "Historic consumptive water use" means the average amount of water consumed bycrops as a result of the lawful beneficial use of water for irrigation duringfour of the six preceding calendar years, with the highest and lowest yearsremoved from the analysis. For purposes of this program, historic consumptivewater use will be determined by multiplying the average reported water use forthe four selected years by a factor of 0.85 for center pivot sprinklerirrigation systems, 0.75 for flood or gravity irrigation systems and 0.95 forsubsurface drip irrigation systems, but not to exceed the net irrigationrequirements for the 50% chance rainfall for the appropriate county as shown inK.A.R. 5-5-12. The applicant may also submit an engineering study thatdetermines the average historic consumptive water use as an alternative methodif it is demonstrated to be more accurate for the water right or water rightsinvolved.

      (i)   Enrollment in the water right transition assistance pilot project programshall notsubsequently prohibit irrigation of the land that, prior to enrollment, wasauthorized by the water right or water rights if irrigation can be lawfullyallowed by another water right or permit pursuant to the rules and regulationsand consideration of any future changes to other water rights that may beproposed to be transferred to such land.

      (j)   If more than one water right overlaps the place of use authorized by thewater right proposed to be enrolled in the water right transition assistancepilot project program, then all overlapping water rights shall be enrolled inwater righttransition assistance pilot project program or the landowners shall take thenecessarylawful steps to eliminate the overlap with the water right to be enrolled. Theburden shall be on the landowner to provide sufficient information tosubstantiate that the proposed use of water by the resulting exercise of allwater rights involved will result in the net reduction amount of historicconsumptive water use by the water right or water rights to be enrolled. Thestate conservation commission may require such documentation to be provided bysomeone with special knowledge or experience related to water rights and suchoperations.

      (k)   The state conservation commission shall adopt rules and regulations asnecessary for the administration of this section.When adopting such rules and regulations the state conservation commissionshall consider cropping, system design, metered water use and all otherpertinent information that will permit a verifiable reduction in annual waterconsumptive use and permit alternative crop or other use of the land so thatthe landowner's economic opportunities are taken into account.

      (l)   The state conservation commission shall report annually to the senatestandingcommittee on natural resources and the house standing committee on environmenton the economic impact studies being conducted on the reduction of waterconsumption and the financial impact on the communities within the programareas. Such studies shall include comparative data for areas and communitiesoutside the program areas.

      (m)   The water right transition assistance pilot project program shall expirefive yearsfromthe effective date of the fiscal year for which state moneys are appropriatedthereof and approval of program rules and regulations.

      (n)   Water right transition assistance grants for water rights to remainunused for the contract period shall constitute due and sufficient cause fornonuse pursuant to K.S.A. 82a-718 and amendments thereto pursuant to thedetermination of the chief engineer for the duration of the water righttransition assistance pilot project program contract.

      (o)   The state conservation commission shall hold at least two meetings ineach water right transition assistance pilot project program area prior toenteringinto any water right transition assistance pilot project program contract forthepermanent retirement of part or all of landowner historic consumptive use waterrights. Such meetings shall inform the public of the possible economic andhydrologic impacts of the program. The state conservation commission shallprovide notice of such meetings through publication in local newspapers ofrecord and in the Kansas register.

      History:   L. 2006, ch. 174, § 1; July 1.