Kansas Statutes
Article 10 - Groundwater Management Districts
82a-1038 Designation of intensive groundwater use control area; orders; review.

82a-1038. Designation of intensive groundwater use control area; orders; review. (a) In any case where the chief engineer finds that any one or more of the circumstances set forth in K.S.A. 82a-1036, and amendments thereto, exist and that the public interest requires that any one or more corrective controls be adopted, the chief engineer shall designate, by order, the area in question, or any part thereof, as an intensive groundwater use control area.
(b) The order of the chief engineer shall define specifically the boundaries of the intensive groundwater use control area and shall indicate the circumstances upon which the findings of the chief engineer are made. The order of the chief engineer may include any one or more of the following corrective control provisions: (1) A provision closing the intensive groundwater use control area to any further appropriation of groundwater in which event the chief engineer shall thereafter refuse to accept any application for a permit to appropriate groundwater located within such area; (2) a provision determining the permissible total withdrawal of groundwater in the intensive groundwater use control area each day, month or year, and, insofar as may be reasonably done, the chief engineer shall apportion such permissible total withdrawal among the valid groundwater right holders in such area in accordance with the relative dates of priority of such rights; (3) a provision reducing the permissible withdrawal of groundwater by any one or more appropriators thereof, or by wells in the intensive groundwater use control area; (4) a provision requiring and specifying a system of rotation of groundwater use in the intensive groundwater use control area; (5) any one or more other provisions making such additional requirements as are necessary to protect the public interest. The chief engineer is hereby authorized to delegate the enforcement of any corrective control provisions ordered for an intensive groundwater use control area to groundwater management district number 4 or to any city, if such district or city is located within or partially within the boundaries of such area.
(c) Except as provided by subsection (d), the order of designation of an intensive groundwater use control area shall be in full force and effect from the date of its entry in the records of the chief engineer's office unless and until its operation shall be stayed by an appeal from an order entered on review of the chief engineer's order pursuant to K.S.A. 82a-1901, and amendments thereto, in accordance with the provisions of the Kansas judicial review act. The chief engineer upon request shall deliver a copy of such order to any interested person who is affected by such order, and shall file a copy of the same with the register of deeds of any county within which such designated control area lies.
(d) If the holder of a groundwater right within the area designated as an intensive groundwater use control area applies for review of the order of designation pursuant to K.S.A. 82a-1901, and amendments thereto, the provisions of the order with respect to the inclusion of the holder's right within the area may be stayed in accordance with the Kansas administrative procedure act.
History: L. 1978, ch. 437, § 4; L. 1984, ch. 338, § 31; L. 1990, ch. 363, § 1; L. 1999, ch. 130, § 9; L. 2010, ch. 17, § 214; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 82a - Waters And Watercourses

Article 10 - Groundwater Management Districts

82a-1020 Legislative declaration.

82a-1021 Definitions.

82a-1022 Organization of district; steering committee; declaration of intent filing; map of proposed district, submission and approval by chief engineer.

82a-1023 Same; petition contents and signatures; filing with secretary of state.

82a-1024 Same; determination of sufficiency of petition; approval by chief engineer; criteria for approval.

82a-1025 Same; election for approval of organization of district; secretary of state to issue certificate of incorporation, when; action to attack legality.

82a-1026 Annual meetings of eligible voters; organization meeting to elect initial board of directors.

82a-1027 Board of directors; terms of members; expenses; officers; quorum; vote for actions; filling vacancies.

82a-1028 District powers; home office.

82a-1029 Management program; board of directors' and chief engineer's functions and duties; hearings; approval and adoption; periodic review.

82a-1030 Water user charges; annual assessment per acre against landowners; budget; collection by county officers; annual audit; no-fund warrants; limitation; protest petition; redemption of warrants.

82a-1031 General improvement bonds; special assessment improvement bonds; combination improvement bonds; elections for approval of issuance of bonds.

82a-1032 Works paid from special assessments; determination of benefits and assessments; levy of assessments; collections by county officers; bonds for not to exceed 20 year term.

82a-1033 Extension or reduction of district territory by chief engineer, upon petition; hearing; filing of order.

82a-1034 District dissolution.

82a-1035 Payment of expenses of defeated proposed district organization.

82a-1036 Initiation of proceedings for designation of intensive groundwater use control areas; duties of chief engineer; findings.

82a-1037 Same; hearings.

82a-1038 Designation of intensive groundwater use control area; orders; review.

82a-1039 No limitation of authority of chief engineer.

82a-1040 Act supplemental to K.S.A. 82a-1020 to 82a-1035.

82a-1041 Local enhanced management areas; establishment procedures; duties of chief engineer; hearing; notice; orders; review.

82a-1042 Groundwater management program; impact of proposed rules and regulations.