2-1930.Program established; administration;
funding; contracts with landowners; grants, availability, priority; annual
report to legislative committees; public meetings prior to program
commencement.
(a) There is hereby established the water right transition
assistance pilot project program. The program shall be administered by the
state conservation
commission. The Kansas department of agriculture, division of water resources
and recognized local governing agencies, including groundwater management
districts, shall cooperate in program implementation. The program shall be
administered for the purpose of reducing consumptive use in the target or high
priority areas of the state by issuing water right transition grants for
privately held water rights.
(b) (1) The state conservation commission may receive and expend funds from
the
federal or state government, or private source for the purpose of carrying out
the provisions of this section. The state conservation
commission and the participating groundwater management districts shall carry
over 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 water
right retirements shall not exceed 30% of the total amount of funds for the
water right transition assistance pilot project program.
(c) The state conservation commission may
enter into water right transition assistance pilot project program contracts
with landowners that will result in the permanent retirement of
part or all of landowner historic consumptive use water rights
by action of the chief engineer as provided for in subsection
(f) of this section.
(d) All applications for permanent water right retirements shall be
considered for funding.
(e) Permanent retirement of partial water rights shall only be approved by
the Kansas department of agriculture division of water resources when the
groundwater management district has the metering and monitoring capabilities
necessary to ensure compliance with the program. When prioritizing among water
right applications for acceptance under the
water right transition assistance pilot project, where rights with similar
hydrologic impacts are considered, priority should be given to the senior right
as determined under the Kansas water appropriation act.
(f) Water rights enrolled in the water right transition assistance pilot
project program
for permanent retirement shall require the written consent of all landowners
and authorized agents to voluntarily request dismissal and forfeiture of
priority of the enrolled water right. Upon enrollment of the water right into
the water right transition assistance pilot project program, the chief engineer
of the
Kansas department of agriculture division of water resources shall concurrently
dismiss and terminate the water right in accordance with the terms of the
contract.
(g) (1) The state conservation commission shall make water right transition
grants available only in
areas that have been designated as target
or high priority areas by the groundwater management districts and the chief
engineer of the Kansas department of agriculture division of water resources
or priority areas outside the groundwater management districts as designated
by the chief engineer of the Kansas department of agriculture division of water
resources.
(2) Two of the target
or high priority areas shall be the prairie dog creek area located in
hydrologic unit code 10250015 and the rattlesnake creek subbasin located in
hydrologic unit code 11030009.
(h) Contracts accepted under the water right transition assistance program
shall result in a net reduction in consumptive use equivalent to the amount of
historic consumptive use of the water right or rights enrolled in the program
based on the average historic consumptive water use. Except as provided for in
subsections (i) and (j), once a water right transition assistance pilot project
program grant
has been provided, the land authorized to be irrigated by the water right or
water rights associated with that grant shall not be irrigated
permanently. Water
right transition assistance pilot project program contracts shall be subject to
such terms,
conditions and limitations as may be necessary to ensure that such reduction in
consumptive use occurs and can be adequately monitored and enforced.
"Historic consumptive water use" means the average amount of water consumed by
crops as a result of the lawful beneficial use of water for irrigation during
four of the six preceding calendar years, with the highest and lowest years
removed from the analysis. For purposes of this program, historic consumptive
water use will be determined by multiplying the average reported water use for
the four selected years by a factor of 0.85 for center pivot sprinkler
irrigation systems, 0.75 for flood or gravity irrigation systems and 0.95 for
subsurface drip irrigation systems, but not to exceed the net irrigation
requirements for the 50% chance rainfall for the appropriate county as shown in
K.A.R. 5-5-12. The applicant may also submit an engineering study that
determines the average historic consumptive water use as an alternative method
if it is demonstrated to be more accurate for the water right or water rights
involved.
(i) Enrollment in the water right transition assistance pilot project program
shall not
subsequently prohibit irrigation of the land that, prior to enrollment, was
authorized by the water right or water rights if irrigation can be lawfully
allowed by another water right or permit pursuant to the rules and regulations
and consideration of any future changes to other water rights that may be
proposed to be transferred to such land.
(j) If more than one water right overlaps the place of use authorized by the
water right proposed to be enrolled in the water right transition assistance
pilot project program, then all overlapping water rights shall be enrolled in
water right
transition assistance pilot project program or the landowners shall take the
necessary
lawful steps to eliminate the overlap with the water right to be enrolled. The
burden shall be on the landowner to provide sufficient information to
substantiate that the proposed use of water by the resulting exercise of all
water rights involved will result in the net reduction amount of historic
consumptive water use by the water right or water rights to be enrolled. The
state conservation commission may require such documentation to be provided by
someone with special knowledge or experience related to water rights and such
operations.
(k) The state conservation commission shall adopt rules and regulations as
necessary for the administration of this section.
When adopting such rules and regulations the state conservation commission
shall consider cropping, system design, metered water use and all other
pertinent information that will permit a verifiable reduction in annual water
consumptive use and permit alternative crop or other use of the land so that
the landowner's economic opportunities are taken into account.
(l) The state conservation commission shall report annually to the senate
standing
committee on natural resources and the house standing committee on environment
on the economic impact studies being conducted on the reduction of water
consumption and the financial impact on the communities within the program
areas. Such studies shall include comparative data for areas and communities
outside the program areas.
(m) The water right transition assistance pilot project program shall expire
five years
from
the effective date of the fiscal year for which state moneys are appropriated
thereof and approval of program rules and regulations.
(n) Water right transition assistance grants for water rights to remain
unused for the contract period shall constitute due and sufficient cause for
nonuse pursuant to K.S.A. 82a-718 and amendments thereto pursuant to the
determination of the chief engineer for the duration of the water right
transition assistance pilot project program contract.
(o) The state conservation commission shall hold at least two meetings in
each water right transition assistance pilot project program area prior to
entering
into any water right transition assistance pilot project program contract for
the
permanent retirement of part or all of landowner historic consumptive use water
rights. Such meetings shall inform the public of the possible economic and
hydrologic impacts of the program. The state conservation commission shall
provide notice of such meetings through publication in local newspapers of
record and in the Kansas register.
2-1930.Program established; administration;
funding; contracts with landowners; grants, availability, priority; annual
report to legislative committees; public meetings prior to program
commencement.
(a) There is hereby established the water right transition
assistance pilot project program. The program shall be administered by the
state conservation
commission. The Kansas department of agriculture, division of water resources
and recognized local governing agencies, including groundwater management
districts, shall cooperate in program implementation. The program shall be
administered for the purpose of reducing consumptive use in the target or high
priority areas of the state by issuing water right transition grants for
privately held water rights.
(b) (1) The state conservation commission may receive and expend funds from
the
federal or state government, or private source for the purpose of carrying out
the provisions of this section. The state conservation
commission and the participating groundwater management districts shall carry
over 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 water
right retirements shall not exceed 30% of the total amount of funds for the
water right transition assistance pilot project program.
(c) The state conservation commission may
enter into water right transition assistance pilot project program contracts
with landowners that will result in the permanent retirement of
part or all of landowner historic consumptive use water rights
by action of the chief engineer as provided for in subsection
(f) of this section.
(d) All applications for permanent water right retirements shall be
considered for funding.
(e) Permanent retirement of partial water rights shall only be approved by
the Kansas department of agriculture division of water resources when the
groundwater management district has the metering and monitoring capabilities
necessary to ensure compliance with the program. When prioritizing among water
right applications for acceptance under the
water right transition assistance pilot project, where rights with similar
hydrologic impacts are considered, priority should be given to the senior right
as determined under the Kansas water appropriation act.
(f) Water rights enrolled in the water right transition assistance pilot
project program
for permanent retirement shall require the written consent of all landowners
and authorized agents to voluntarily request dismissal and forfeiture of
priority of the enrolled water right. Upon enrollment of the water right into
the water right transition assistance pilot project program, the chief engineer
of the
Kansas department of agriculture division of water resources shall concurrently
dismiss and terminate the water right in accordance with the terms of the
contract.
(g) (1) The state conservation commission shall make water right transition
grants available only in
areas that have been designated as target
or high priority areas by the groundwater management districts and the chief
engineer of the Kansas department of agriculture division of water resources
or priority areas outside the groundwater management districts as designated
by the chief engineer of the Kansas department of agriculture division of water
resources.
(2) Two of the target
or high priority areas shall be the prairie dog creek area located in
hydrologic unit code 10250015 and the rattlesnake creek subbasin located in
hydrologic unit code 11030009.
(h) Contracts accepted under the water right transition assistance program
shall result in a net reduction in consumptive use equivalent to the amount of
historic consumptive use of the water right or rights enrolled in the program
based on the average historic consumptive water use. Except as provided for in
subsections (i) and (j), once a water right transition assistance pilot project
program grant
has been provided, the land authorized to be irrigated by the water right or
water rights associated with that grant shall not be irrigated
permanently. Water
right transition assistance pilot project program contracts shall be subject to
such terms,
conditions and limitations as may be necessary to ensure that such reduction in
consumptive use occurs and can be adequately monitored and enforced.
"Historic consumptive water use" means the average amount of water consumed by
crops as a result of the lawful beneficial use of water for irrigation during
four of the six preceding calendar years, with the highest and lowest years
removed from the analysis. For purposes of this program, historic consumptive
water use will be determined by multiplying the average reported water use for
the four selected years by a factor of 0.85 for center pivot sprinkler
irrigation systems, 0.75 for flood or gravity irrigation systems and 0.95 for
subsurface drip irrigation systems, but not to exceed the net irrigation
requirements for the 50% chance rainfall for the appropriate county as shown in
K.A.R. 5-5-12. The applicant may also submit an engineering study that
determines the average historic consumptive water use as an alternative method
if it is demonstrated to be more accurate for the water right or water rights
involved.
(i) Enrollment in the water right transition assistance pilot project program
shall not
subsequently prohibit irrigation of the land that, prior to enrollment, was
authorized by the water right or water rights if irrigation can be lawfully
allowed by another water right or permit pursuant to the rules and regulations
and consideration of any future changes to other water rights that may be
proposed to be transferred to such land.
(j) If more than one water right overlaps the place of use authorized by the
water right proposed to be enrolled in the water right transition assistance
pilot project program, then all overlapping water rights shall be enrolled in
water right
transition assistance pilot project program or the landowners shall take the
necessary
lawful steps to eliminate the overlap with the water right to be enrolled. The
burden shall be on the landowner to provide sufficient information to
substantiate that the proposed use of water by the resulting exercise of all
water rights involved will result in the net reduction amount of historic
consumptive water use by the water right or water rights to be enrolled. The
state conservation commission may require such documentation to be provided by
someone with special knowledge or experience related to water rights and such
operations.
(k) The state conservation commission shall adopt rules and regulations as
necessary for the administration of this section.
When adopting such rules and regulations the state conservation commission
shall consider cropping, system design, metered water use and all other
pertinent information that will permit a verifiable reduction in annual water
consumptive use and permit alternative crop or other use of the land so that
the landowner's economic opportunities are taken into account.
(l) The state conservation commission shall report annually to the senate
standing
committee on natural resources and the house standing committee on environment
on the economic impact studies being conducted on the reduction of water
consumption and the financial impact on the communities within the program
areas. Such studies shall include comparative data for areas and communities
outside the program areas.
(m) The water right transition assistance pilot project program shall expire
five years
from
the effective date of the fiscal year for which state moneys are appropriated
thereof and approval of program rules and regulations.
(n) Water right transition assistance grants for water rights to remain
unused for the contract period shall constitute due and sufficient cause for
nonuse pursuant to K.S.A. 82a-718 and amendments thereto pursuant to the
determination of the chief engineer for the duration of the water right
transition assistance pilot project program contract.
(o) The state conservation commission shall hold at least two meetings in
each water right transition assistance pilot project program area prior to
entering
into any water right transition assistance pilot project program contract for
the
permanent retirement of part or all of landowner historic consumptive use water
rights. Such meetings shall inform the public of the possible economic and
hydrologic impacts of the program. The state conservation commission shall
provide notice of such meetings through publication in local newspapers of
record and in the Kansas register.
2-1930.Program established; administration;
funding; contracts with landowners; grants, availability, priority; annual
report to legislative committees; public meetings prior to program
commencement.
(a) There is hereby established the water right transition
assistance pilot project program. The program shall be administered by the
state conservation
commission. The Kansas department of agriculture, division of water resources
and recognized local governing agencies, including groundwater management
districts, shall cooperate in program implementation. The program shall be
administered for the purpose of reducing consumptive use in the target or high
priority areas of the state by issuing water right transition grants for
privately held water rights.
(b) (1) The state conservation commission may receive and expend funds from
the
federal or state government, or private source for the purpose of carrying out
the provisions of this section. The state conservation
commission and the participating groundwater management districts shall carry
over 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 water
right retirements shall not exceed 30% of the total amount of funds for the
water right transition assistance pilot project program.
(c) The state conservation commission may
enter into water right transition assistance pilot project program contracts
with landowners that will result in the permanent retirement of
part or all of landowner historic consumptive use water rights
by action of the chief engineer as provided for in subsection
(f) of this section.
(d) All applications for permanent water right retirements shall be
considered for funding.
(e) Permanent retirement of partial water rights shall only be approved by
the Kansas department of agriculture division of water resources when the
groundwater management district has the metering and monitoring capabilities
necessary to ensure compliance with the program. When prioritizing among water
right applications for acceptance under the
water right transition assistance pilot project, where rights with similar
hydrologic impacts are considered, priority should be given to the senior right
as determined under the Kansas water appropriation act.
(f) Water rights enrolled in the water right transition assistance pilot
project program
for permanent retirement shall require the written consent of all landowners
and authorized agents to voluntarily request dismissal and forfeiture of
priority of the enrolled water right. Upon enrollment of the water right into
the water right transition assistance pilot project program, the chief engineer
of the
Kansas department of agriculture division of water resources shall concurrently
dismiss and terminate the water right in accordance with the terms of the
contract.
(g) (1) The state conservation commission shall make water right transition
grants available only in
areas that have been designated as target
or high priority areas by the groundwater management districts and the chief
engineer of the Kansas department of agriculture division of water resources
or priority areas outside the groundwater management districts as designated
by the chief engineer of the Kansas department of agriculture division of water
resources.
(2) Two of the target
or high priority areas shall be the prairie dog creek area located in
hydrologic unit code 10250015 and the rattlesnake creek subbasin located in
hydrologic unit code 11030009.
(h) Contracts accepted under the water right transition assistance program
shall result in a net reduction in consumptive use equivalent to the amount of
historic consumptive use of the water right or rights enrolled in the program
based on the average historic consumptive water use. Except as provided for in
subsections (i) and (j), once a water right transition assistance pilot project
program grant
has been provided, the land authorized to be irrigated by the water right or
water rights associated with that grant shall not be irrigated
permanently. Water
right transition assistance pilot project program contracts shall be subject to
such terms,
conditions and limitations as may be necessary to ensure that such reduction in
consumptive use occurs and can be adequately monitored and enforced.
"Historic consumptive water use" means the average amount of water consumed by
crops as a result of the lawful beneficial use of water for irrigation during
four of the six preceding calendar years, with the highest and lowest years
removed from the analysis. For purposes of this program, historic consumptive
water use will be determined by multiplying the average reported water use for
the four selected years by a factor of 0.85 for center pivot sprinkler
irrigation systems, 0.75 for flood or gravity irrigation systems and 0.95 for
subsurface drip irrigation systems, but not to exceed the net irrigation
requirements for the 50% chance rainfall for the appropriate county as shown in
K.A.R. 5-5-12. The applicant may also submit an engineering study that
determines the average historic consumptive water use as an alternative method
if it is demonstrated to be more accurate for the water right or water rights
involved.
(i) Enrollment in the water right transition assistance pilot project program
shall not
subsequently prohibit irrigation of the land that, prior to enrollment, was
authorized by the water right or water rights if irrigation can be lawfully
allowed by another water right or permit pursuant to the rules and regulations
and consideration of any future changes to other water rights that may be
proposed to be transferred to such land.
(j) If more than one water right overlaps the place of use authorized by the
water right proposed to be enrolled in the water right transition assistance
pilot project program, then all overlapping water rights shall be enrolled in
water right
transition assistance pilot project program or the landowners shall take the
necessary
lawful steps to eliminate the overlap with the water right to be enrolled. The
burden shall be on the landowner to provide sufficient information to
substantiate that the proposed use of water by the resulting exercise of all
water rights involved will result in the net reduction amount of historic
consumptive water use by the water right or water rights to be enrolled. The
state conservation commission may require such documentation to be provided by
someone with special knowledge or experience related to water rights and such
operations.
(k) The state conservation commission shall adopt rules and regulations as
necessary for the administration of this section.
When adopting such rules and regulations the state conservation commission
shall consider cropping, system design, metered water use and all other
pertinent information that will permit a verifiable reduction in annual water
consumptive use and permit alternative crop or other use of the land so that
the landowner's economic opportunities are taken into account.
(l) The state conservation commission shall report annually to the senate
standing
committee on natural resources and the house standing committee on environment
on the economic impact studies being conducted on the reduction of water
consumption and the financial impact on the communities within the program
areas. Such studies shall include comparative data for areas and communities
outside the program areas.
(m) The water right transition assistance pilot project program shall expire
five years
from
the effective date of the fiscal year for which state moneys are appropriated
thereof and approval of program rules and regulations.
(n) Water right transition assistance grants for water rights to remain
unused for the contract period shall constitute due and sufficient cause for
nonuse pursuant to K.S.A. 82a-718 and amendments thereto pursuant to the
determination of the chief engineer for the duration of the water right
transition assistance pilot project program contract.
(o) The state conservation commission shall hold at least two meetings in
each water right transition assistance pilot project program area prior to
entering
into any water right transition assistance pilot project program contract for
the
permanent retirement of part or all of landowner historic consumptive use water
rights. Such meetings shall inform the public of the possible economic and
hydrologic impacts of the program. The state conservation commission shall
provide notice of such meetings through publication in local newspapers of
record and in the Kansas register.