82a-1305. Same; withdrawal and use of waters; contracts for withdrawal; disposal of surplus water. (a) Whenever the authority finds that a proposed withdrawal and use of water, other than surplus waters, is in the interest of the people of the state of Kansas and will advance the purposes set forth in article 9 of chapter 82a of Kansas Statutes Annotated, and amendments thereto, it shall authorize the director to enter into negotiations for the purpose of entering into written contracts with any person for withdrawal and use within or without the state of waters from conservation storage water supply capacity committed to the state. Every such contract shall comply with the provisions of this act. Except as provided in the water assurance program act, the director shall not contract for withdrawals of water from a particular reservoir which in the director's opinion are in excess of the yield capability from the conservation storage water supply capacity in such reservoir committed to the state computed to provide water through a drought having a 2% chance of occurrence in any one year with the reservoir in operation. All contracts under this section shall have terms of not less than 10 years unless desired by the applicant. Whenever a contract expires the director shall give the persons with whom the director contracted therein, the opportunity to first refuse any new offering of the water before offering the same to applicants under the provisions of K.S.A. 82a-1310a, and amendments thereto.
(b) Whenever the authority finds that it is in the public's interest and will advance the purposes set forth in this act and in article 9 of chapter 82a of Kansas Statutes Annotated, and amendments thereto, the authority shall authorize the director to dispose of waters found by the authority to be surplus waters. Any arrangement for the disposition of any such surplus waters shall not be subject to the provisions of K.S.A. 82a-1306, 82a-1307 and 82a-1308a, and amendments thereto, relating to long-term contracts. No such arrangement shall be made for a period of time in excess of one year nor shall any such arrangement dispose of water from the conservation water supply capacity in excess of 10% of the yield capability as computed pursuant to subsection (a) unless the governor has declared that an emergency exists which affects the public health, safety or welfare. No charges shall be levied on the disposition of surplus waters when the purpose for such disposition is streamflow maintenance or reservoir pool management. A charge at a rate not to exceed the rate established pursuant to K.S.A. 82a-1306, and amendments thereto, shall be levied on the disposition of surplus waters when the purpose of such disposition is the maintenance of public health. A charge at a rate that may exceed the rate established pursuant to K.S.A. 82a-1306, and amendments thereto, shall be levied on the disposition of surplus waters when the purpose for such disposition is other than streamflow maintenance, reservoir pool management or maintenance of public health.
History: L. 1974, ch. 452, § 5; L. 1976, ch. 441, § 2; L. 1977, ch. 358, § 1; L. 1983, ch. 343, § 4; L. 1984, ch. 382, § 2; L. 1986, ch. 396, § 4; July 1.
Structure Kansas Statutes
Chapter 82a - Waters And Watercourses
82a-1301 State water plan storage act; definitions.
82a-1302 Same; waters subject to act.
82a-1305 Same; withdrawal and use of waters; contracts for withdrawal; disposal of surplus water.
82a-1308a Same; establishment of rates, components; considerations.
82a-1309 Same; meters, gauges or other measuring devices; director, authority.
82a-1310a Same; application to enter into contract, contents.
82a-1311a Same; contract negotiations; authority approval, considerations.
82a-1312 Same; contracts filed with chief engineer.
82a-1313 Same; withdrawal of water under contract; exercise and protection of rights.
82a-1314 Same; request for withdrawal of water; release of water; conduct and withdrawal of water.
82a-1315a Same; payment of charges; disposition of revenue.
82a-1315c Water marketing fund created; purposes for which moneys may be expended from fund.
82a-1317 Same; failure to make payment for water; interest on overdue payment.
82a-1319 Same; rules and regulations.
82a-1330 Water assurance program; citation of act.
82a-1332 Same; negotiation by Kansas water office for water assurance storage in federal reservoirs.
82a-1333 Same; prerequisites to organization of water assurance district; duties of chief engineer.
82a-1334 Same; participation mandatory in program, when.
82a-1335 Same; procedure for organization of water assurance district; petition requirements.
82a-1342 Same; district meetings, purpose.
82a-1343 Same; meetings of district board of directors; notice.
82a-1344 Same; powers of districts.
82a-1346 Same; persons not prohibited from purchasing storage in federal reservoirs.
82a-1347 Same; renegotiation of existing water supply storage contracts.
82a-1348 Same; conservation plans and practices required.
82a-1349 Water supply storage assurance fund established; receipts; use of moneys.
82a-1360 Financing of large reservoir projects; definitions.
82a-1363 Same; issuance of revenue bonds to refund existing revenue bonds.
82a-1365 Same; income from bonds exempt from taxation.
82a-1366 Same; bonds deemed legal and proper securities for investment by governmental entities.
82a-1367 Same; powers supplemental to other powers of Kansas water office; severability.
82a-1368 Same; publication of notice of revenue bond issuance, contents; actions to contest, timing.