82a-1308a. Same; establishment of rates, components; considerations. (a) On July 15 of each year, effective January 1 of the following year, the director, subject to the approval of the authority, shall fix the rate provided for in subsection (a) of K.S.A. 82a-1306, and amendments thereto. The rate fixed shall be equal to the sum of the following components computed as provided in this section:
(1) An amount necessary to repay the amortized capital costs associated with the state's conservation water supply capacity;
(2) an amount as interest computed at a rate per annum equal to the average of the monthly net earnings rate of the pooled money investment board for the preceding calendar year on the net amount of moneys advanced from the state general fund for payment of the amortized capital costs incurred and associated with the state's conservation water supply capacity divided by the greater of: (A) Fifty percent of the total amount of water under each contract from the state's conservation storage water supply capacity in the preceding year; or (B) the total amount of water withdrawn under each contract from the state's conservation storage water supply capacity in the preceding year;
(3) the amount necessary to reimburse the state for the administration and enforcement of this act based on the actual costs of administration and enforcement in the preceding year divided by the greater of: (A) Fifty percent of the total amount of water under each contract from the state's conservation storage water supply capacity in the preceding year; or (B) the total amount of water withdrawn under each contract from the state's conservation storage water supply capacity in the preceding year; and
(4) the amount necessary to pay the operation, maintenance and repair costs associated with the state's conservation water supply capacity based on the estimated costs for the upcoming year divided by the greater of: (A) Fifty percent of the total amount of water under each contract from the state's conservation storage water supply capacity in the preceding year; or (B) the total amount of water withdrawn under each contract from the state's conservation storage water supply capacity in the preceding year; and
(5) an amount as a depreciation reserve cost to be dedicated for the purposes provided for in K.S.A. 82a-1315b, and amendments thereto, as follows: (A) For calendar years prior to 2007, an amount equal to $.025; and (B) for calendar year 2007 and subsequent years, an amount which is equal to the amount necessary to meet the needs of the water marketing program capital development and storage maintenance plan, as approved by the Kansas water authority.
(b) In computing such rates, the director shall consider the state's conservation water supply capacity from all sources as though impounded in one single reservoir. No water supply capacity of a reservoir shall be considered to be in such capacity until the year in which the state incurs contract obligations for the project. The rate so fixed for each year shall be the same for each contract under K.S.A. 82a-1305, and amendments thereto, for withdrawal from every reservoir. The rate fixed for each twelve-month period from January 1 to December 31 shall be the same for every contract under K.S.A. 82a-1305, and amendments thereto.
History: L. 1983, ch. 343, § 7; L. 1984, ch. 382, § 4; L. 1986, ch. 396, § 7; L. 1998, ch. 123, § 6; L. 2005, ch. 180, § 1; 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.