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 this
state for terraces, terrace outlets, check dams, dikes, ponds, ditches,
critical area planting, grassed waterways, tailwater recovery irrigation
systems, precision land forming, range seeding, detention and grade
stabilization structures and other enduring water conservation practices
installed on public lands and on privately owned lands and, the control and
eradication 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 grant
shall not exceed 80% of the total cost of any such practice.
(b) A program for protection of riparian and wetland areas shall be developed
by the state conservation commission and implemented by the conservation
districts. The conservation districts shall prepare district programs to
address resource management concerns of water quality, erosion and sediment
control and wildlife habitat as part of the conservation district long-range
and annual work plans. Preparation and implementation of conservation district
programs shall be accomplished with assistance from appropriate state and
federal agencies involved in resource management.
(c) Subject to the provisions of K.S.A. 2-1919, and amendments thereto, any
holder of a water right, as defined by subsection (g) of K.S.A. 82a-701, and
amendments thereto, who is willing to voluntarily return all or a part of the
water right to the state shall be eligible for a grant not to exceed 80% of the
total cost of the purchase price for such water right. The state conservation
commission shall administer this cost-share program with funds appropriated by
the legislature for such purpose. The chief engineer shall certify to the state
conservation commission that any water right for which application for
cost-share is received under this section is eligible in accordance with the
criteria established in K.S.A. 2-1919, and amendments thereto.
(d) (1) Subject to appropriation acts therefor, the state conservation
commission shall develop the Kansas water quality buffer initiative for the
purpose of restoring riparian areas using best management practices. The
executive director of the state conservation commission shall ensure that the
initiative is complementary to the federal conservation reserve program.
(2) There is hereby created in the state treasury the Kansas water quality
buffer initiative fund. All expenditures from such fund shall be made in
accordance with appropriation acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the executive director of
the state conservation commission or the executive director's designee. Money
credited to the fund shall be used for the purpose of making grants to install
water quality best management practices pursuant to the initiative.
(3) The county or district appraiser shall identify and map riparian buffers
consisting of at least one contiguous acre per parcel of real property located
in the appraiser's county. Notwithstanding any other provisions of law,
riparian buffers shall be valued by the county or district appraiser as tame
grass land, native grass land or waste land, as appropriate. As used in this
subsection (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 stream
bank and adjoining floodplain; and (C) is a minimum of 66 feet wide and a
maximum of 180 feet wide.
(e) The state conservation commission shall adopt rules and regulations to
administer such grant and protection programs.
(f) Any district is authorized to make use of any assistance whatsoever given
by the United States, or any agency thereof, or derived from any other source,
for the planning and installation of such practices. The state conservation
commission may enter into agreements with other state and federal agencies to
implement 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.
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 this
state for terraces, terrace outlets, check dams, dikes, ponds, ditches,
critical area planting, grassed waterways, tailwater recovery irrigation
systems, precision land forming, range seeding, detention and grade
stabilization structures and other enduring water conservation practices
installed on public lands and on privately owned lands and, the control and
eradication 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 grant
shall not exceed 80% of the total cost of any such practice.
(b) A program for protection of riparian and wetland areas shall be developed
by the state conservation commission and implemented by the conservation
districts. The conservation districts shall prepare district programs to
address resource management concerns of water quality, erosion and sediment
control and wildlife habitat as part of the conservation district long-range
and annual work plans. Preparation and implementation of conservation district
programs shall be accomplished with assistance from appropriate state and
federal agencies involved in resource management.
(c) Subject to the provisions of K.S.A. 2-1919, and amendments thereto, any
holder of a water right, as defined by subsection (g) of K.S.A. 82a-701, and
amendments thereto, who is willing to voluntarily return all or a part of the
water right to the state shall be eligible for a grant not to exceed 80% of the
total cost of the purchase price for such water right. The state conservation
commission shall administer this cost-share program with funds appropriated by
the legislature for such purpose. The chief engineer shall certify to the state
conservation commission that any water right for which application for
cost-share is received under this section is eligible in accordance with the
criteria established in K.S.A. 2-1919, and amendments thereto.
(d) (1) Subject to appropriation acts therefor, the state conservation
commission shall develop the Kansas water quality buffer initiative for the
purpose of restoring riparian areas using best management practices. The
executive director of the state conservation commission shall ensure that the
initiative is complementary to the federal conservation reserve program.
(2) There is hereby created in the state treasury the Kansas water quality
buffer initiative fund. All expenditures from such fund shall be made in
accordance with appropriation acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the executive director of
the state conservation commission or the executive director's designee. Money
credited to the fund shall be used for the purpose of making grants to install
water quality best management practices pursuant to the initiative.
(3) The county or district appraiser shall identify and map riparian buffers
consisting of at least one contiguous acre per parcel of real property located
in the appraiser's county. Notwithstanding any other provisions of law,
riparian buffers shall be valued by the county or district appraiser as tame
grass land, native grass land or waste land, as appropriate. As used in this
subsection (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 stream
bank and adjoining floodplain; and (C) is a minimum of 66 feet wide and a
maximum of 180 feet wide.
(e) The state conservation commission shall adopt rules and regulations to
administer such grant and protection programs.
(f) Any district is authorized to make use of any assistance whatsoever given
by the United States, or any agency thereof, or derived from any other source,
for the planning and installation of such practices. The state conservation
commission may enter into agreements with other state and federal agencies to
implement 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.
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 this
state for terraces, terrace outlets, check dams, dikes, ponds, ditches,
critical area planting, grassed waterways, tailwater recovery irrigation
systems, precision land forming, range seeding, detention and grade
stabilization structures and other enduring water conservation practices
installed on public lands and on privately owned lands and, the control and
eradication 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 grant
shall not exceed 80% of the total cost of any such practice.
(b) A program for protection of riparian and wetland areas shall be developed
by the state conservation commission and implemented by the conservation
districts. The conservation districts shall prepare district programs to
address resource management concerns of water quality, erosion and sediment
control and wildlife habitat as part of the conservation district long-range
and annual work plans. Preparation and implementation of conservation district
programs shall be accomplished with assistance from appropriate state and
federal agencies involved in resource management.
(c) Subject to the provisions of K.S.A. 2-1919, and amendments thereto, any
holder of a water right, as defined by subsection (g) of K.S.A. 82a-701, and
amendments thereto, who is willing to voluntarily return all or a part of the
water right to the state shall be eligible for a grant not to exceed 80% of the
total cost of the purchase price for such water right. The state conservation
commission shall administer this cost-share program with funds appropriated by
the legislature for such purpose. The chief engineer shall certify to the state
conservation commission that any water right for which application for
cost-share is received under this section is eligible in accordance with the
criteria established in K.S.A. 2-1919, and amendments thereto.
(d) (1) Subject to appropriation acts therefor, the state conservation
commission shall develop the Kansas water quality buffer initiative for the
purpose of restoring riparian areas using best management practices. The
executive director of the state conservation commission shall ensure that the
initiative is complementary to the federal conservation reserve program.
(2) There is hereby created in the state treasury the Kansas water quality
buffer initiative fund. All expenditures from such fund shall be made in
accordance with appropriation acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the executive director of
the state conservation commission or the executive director's designee. Money
credited to the fund shall be used for the purpose of making grants to install
water quality best management practices pursuant to the initiative.
(3) The county or district appraiser shall identify and map riparian buffers
consisting of at least one contiguous acre per parcel of real property located
in the appraiser's county. Notwithstanding any other provisions of law,
riparian buffers shall be valued by the county or district appraiser as tame
grass land, native grass land or waste land, as appropriate. As used in this
subsection (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 stream
bank and adjoining floodplain; and (C) is a minimum of 66 feet wide and a
maximum of 180 feet wide.
(e) The state conservation commission shall adopt rules and regulations to
administer such grant and protection programs.
(f) Any district is authorized to make use of any assistance whatsoever given
by the United States, or any agency thereof, or derived from any other source,
for the planning and installation of such practices. The state conservation
commission may enter into agreements with other state and federal agencies to
implement 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.