82a-733. Conservation plans and practices. (a) The chief engineer may require an applicant for a permit to appropriate water for beneficial use or the owner of a water right or permit to appropriate water for beneficial use to adopt and implement conservation plans and practices. The chief engineer shall not mandate the adoption and implementation of conservation plans and practices except pursuant to a finding that such plans and practices will assure public benefit and promote public interest. In selecting the applications, water rights or permits for which conservation plans and practices are required to be adopted and implemented, the chief engineer shall give priority to: (1) Water users that share a common source of supply that could be insufficient during times of drought; (2) water users whose use is significantly higher than their peers from the same geographical area with comparable circumstances; and (3) water users who apply for any state administered grant, loan or cost-share moneys for water-related projects. Prior to requiring the adoption and implementation of conservation plans and practices, the chief engineer shall assess the availability of technical assistance and inform the owner of a water right or permit to appropriate water for beneficial use or the applicant for such a permit who is required to adopt and implement a conservation plan and practices of the available sources of technical assistance to prepare the conservation plan.
(b) The chief engineer shall allow the owner of a water right or permit to appropriate water for beneficial use or the applicant for such a permit a minimum of 60 days to prepare a required conservation plan. The time allowed to prepare the required conservation plan may be extended by the chief engineer for good cause shown by the applicant. The chief engineer shall provide the owner of the water right or permit to appropriate water for beneficial use or the applicant for such a permit a reasonable time to implement the conservation plan and, for good cause shown, such as the need to apply extensive land treatment practices, the chief engineer may extend the time for implementation for a period of up to five years.
(c) Plans and practices required pursuant to this section shall be consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office pursuant to subsection (c) of K.S.A. 74-2608 and amendments thereto. If requested by the owner of the water right or permit to appropriate water for beneficial use or the applicant for such a permit, the chief engineer, in consultation with the director of the Kansas water office, shall determine whether such plans and practices are consistent with the guidelines adopted by the Kansas water office. The Kansas water office shall provide, or arrange to provide, technical assistance for water users required to adopt and implement conservation plans and practices pursuant to this section.
(d) Before any state agency makes any loan or grant, or provides any cost-share funds, for any water-related projects to any person or entity, the state agency may require the person or entity to submit to, and have approved by, the chief engineer a water conservation plan consistent with the guidelines for conservation plans and practices developed and maintained by the Kansas water office pursuant to subsection (c) of K.S.A. 74-2608 and amendments thereto.
(e) As used in this section, "water-related projects" shall include, but not be limited to, the following: Interconnections between water supply systems; development of new water supply and delivery systems; improvements or repairs to an existing water supply system, sanitary sewer system or water treatment system, which would significantly increase the amount of water used; small lakes development, improvement or repair; and development of other small impoundments for public water supply or irrigation.
(f) The chief engineer may approve the conservation plans and practices required pursuant to the provisions of this section on such terms, conditions and limitations as deemed necessary to carry out the provisions of this section. The implementation of the conservation plan and practices as approved or any subsequent approved modification shall constitute a condition of the water right or permit to appropriate water for beneficial use.
(g) Any conservation plans and practices required pursuant to this section with regard to any groundwater right or permit to appropriate groundwater from within the boundaries of a groundwater management district shall be subject to approval by both the chief engineer and the board of directors of the groundwater management district unless such plans and practices are incorporated in the groundwater management district's management program which has been approved by the chief engineer pursuant to K.S.A. 82a-1029 and amendments thereto.
(h) The chief engineer may delegate authority to implement and enforce any of the provisions of this section to a groundwater management district on such terms as may be appropriate and necessary to carry out the provisions of this section within the boundaries of such district.
(i) The chief engineer may delegate to any city which has conservation plans meeting state guidelines the authority to require domestic water users within such city to adopt and implement conservation plans and practices so that such city can require compliance from private domestic well owners within the city limits.
(j) This section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 1991, ch. 292, ยง 5; July 1.
Structure Kansas Statutes
Chapter 82a - Waters And Watercourses
Article 7 - Appropriation Of Water For Beneficial Use
82a-702 Dedication of use of water.
82a-703 Water may be appropriated subject to vested rights.
82a-703a Minimum streamflows; duties of chief engineer.
82a-703b Minimum desirable streamflows; condition of appropriation right, applicability.
82a-703c Minimum streamflows established.
82a-704a Determination of vested rights; procedure; duties of chief engineer.
82a-704c Same; supplemental to Kansas water appropriation act.
82a-705 Acquisition of a new appropriation right to use water other than domestic; approval.
82a-705a Domestic use after June 28, 1945; information to chief engineer.
82a-706 Duties of chief engineer as to beneficial use and rights of priority of appropriation.
82a-706a Rules, regulations and standards.
82a-706c Meters, gages and other measuring devices; waste and quality checks.
82a-706d Duties of attorney general.
82a-706e State field offices and commissioners.
82a-707 Principles governing appropriations; priorities.
82a-708a Applications for permits to appropriate water; fee.
82a-708c Application for term permits to appropriate water; fee.
82a-709 Same; contents; time of filing.
82a-711a Same; express conditions of appropriations.
82a-712 Same; notice of approval or disapproval of application; approval constitutes permit.
82a-713 Same; limiting time for perfection of appropriation; extension.
82a-714 Same; completion of works; extension of time; certificate of appropriation; fees.
82a-715 Same; validation of certain applications.
82a-716 Common-law claimants; action for compensation; injunctions.
82a-717a Diversions by common-law claimants and others; complaints, investigations and orders.
82a-718 Abandonment of water rights; notices; hearing; review of action; exceptions.
82a-719 Distribution of water according to decree of court.
82a-720 Same; certified copies of decrees.
82a-721a Same; damages to land.
82a-724 Review of administrative actions.
82a-727 Temporary permits to appropriate water; extension; fee; rules and regulations.
82a-728 Unlawful acts; penalties.
82a-729 Act supplemental to article 7 of chapter 82a of the Kansas Statutes Annotated.
82a-731 Water appropriation certification fund created; expenditures therefrom.
82a-732 Annual water use report required; penalty for violations.
82a-733 Conservation plans and practices.
82a-734a Sand and gravel pits, land-based; prohibition on certain rules and regulations, conditions.
82a-736 Multi-year flex accounts; definitions; establishment; conditions; term permits; fees.
82a-737 Civil enforcement of act.
82a-738 Studies and recommendations of chief engineer and state geological survey; report.
82a-742 Division of a water right; application; fee.
82a-743 Limited transfer permits; term; fee; base water right; rules and regulations.
82a-744 Water management and conservation measures; due consideration by chief engineer.
82a-761 Title; implementation.
82a-763 Water bank authority; deposits and leases; safe deposit accounts; restrictions.
82a-764 Bankable water right, determination of.
82a-765 Water bank charter; approval; requirements.
82a-766 Water bank annual reports.
82a-767 Evaluation of water bank; evaluation team; extension or lapse of charter; charter review.
82a-768 Application of law relating to abandonment of water right.
82a-769 Rules and regulations.
82a-771 Payment of certain costs of water bank.