Kansas Statutes
Article 7 - Appropriation Of Water For Beneficial Use
82a-745 Water conservation areas; establishment procedures; duties of chief engineer; notice; orders; consent agreement; review; flexibility; impairment.

82a-745. Water conservation areas; establishment procedures; duties of chief engineer; notice; orders; consent agreement; review; flexibility; impairment. (a) Any water right owner or a group of water right owners in a designated area may enter into a consent agreement and order with the chief engineer to establish a water conservation area. The water right owner or group of water right owners shall submit a management plan to the chief engineer. Such management plan shall be the basis of the consent agreement and order designating a water conservation area and shall:
(1) Include clear geographic boundaries;
(2) include the written consent of all participating water right owners within the geographic boundaries described in paragraph (1) to enter into the consent agreement and order;
(3) include a finding or findings that one or more of the circumstances specified in K.S.A. 82a-1036(a) through (d), and amendments thereto, exist, or include a finding or findings that the area within the geographic boundaries described in paragraph (1) has been closed to new appropriations by rule, regulation or order of the chief engineer;
(4) include provisions regarding the proposed duration of the water conservation area and any process by which water right owners may request to be added or removed from the water conservation area;
(5) include goals and one or more of the corrective control provisions provided in subsection (b);
(6) give due consideration to water users who have previously implemented reductions in water use resulting in voluntary conservation measures;
(7) include compliance monitoring and enforcement; and
(8) be consistent with state law.
(b) A consent agreement and order of designation of a water conservation area pursuant to this section shall define the boundaries of the water conservation area and may include any of the following corrective control provisions:
(1) Closing the water conservation 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) determining the permissible total withdrawal of groundwater in the water conservation area each day, month or year, and apportioning 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) reducing the permissible withdrawal of groundwater by any one or more appropriators thereof, or by wells in the water conservation area;
(4) requiring and specifying a system of rotation of groundwater use in the water conservation area; and
(5) any other provisions necessary to effectuate agreed-upon water conservation goals consistent with the public interest.
The chief engineer shall be responsible for the monitoring and enforcement of any corrective control provisions ordered for a water conservation area.
(c) The order of designation shall be in full force and effect from the date of its entry in the records of the chief engineer's office. 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 any part of the water conservation area lies.
(d) If any corrective control provisions of a water conservation area conflict with rules and regulations of a groundwater management district or requirements of a local enhanced management plan or intensive groundwater use control area that result in greater overall conservation of water resources within which a participating water right is situated, the chief engineer is authorized to amend the provisions of the water conservation area to conform to any rules and regulations or requirements that result in greater conservation of water resources, as determined by the chief engineer.
(e) To provide flexibility in the management of water resources, as part of the consent agreement and order of designation, the chief engineer may authorize a management plan that allots water authorized by existing water rights, subject to the following limitations:
(1) The management plan shall be limited to the term of the water conservation area;
(2) the management plan may allow, in any given calendar year, the water use of an individual water right or rights to exceed the annual authorized quantity of the individual water right or rights participating in the management plan, provided that the water use shall not exceed the total annual authorized aggregate quantity and rate of all the water rights participating in the management plan in any given calendar year;
(3) the authority granted through the management plan shall supersede the participating water rights during the term of the water conservation area or until the management plan is suspended by the chief engineer in accordance with this subsection; and
(4) for purposes of determining priority, the management plan shall be assigned the priority date of its effectuation.
(f) In addition to a management plan under subsection (e), as a part of the consent agreement and order of designation, the chief engineer may include the use of multi-year flex accounts as authorized by K.S.A. 82a-736, and amendments thereto.
(g) No management plan authorized under a water conservation area shall be allowed to impair any water right. At any time during the term of a water conservation area, if the chief engineer determines that impairment may be occurring, following a complaint and preliminary investigation into relevant physical facts, the chief engineer may suspend operation of the water conservation area. In the event of such suspension, each participating water right may be operated in accordance with its permitted terms and conditions as in effect prior to operation of the water conservation area. Upon conclusion of an investigation by the chief engineer and a finding of impairment, the chief engineer may terminate the water conservation area, or may modify the water conservation area subject to consent of the participating water right owners, to alleviate any impairment.
(h) Prior to execution of a proposed water conservation area consent agreement and order of designation pursuant to this section, the chief engineer shall notify in writing the groundwater management district within which any participating water right is situated. Such groundwater management district shall be given an opportunity to provide a written recommendation regarding the proposed water conservation area and management plan within 45 days of notification by the chief engineer. The review period may be extended by up to 30 days upon approval by the chief engineer. Subject to subsection (d), any participating water right in a water conservation area shall continue to be subject to all applicable rules and regulations and management plans of the groundwater management district in which the water right is situated.
(i) The chief engineer shall provide notification, as specified in K.S.A. 82a-1906, and amendments thereto, to all water right owners with a point of diversion within 1/2 a mile, or farther if deemed necessary by a rule and regulation of the chief engineer, of the boundaries of a water conservation area. Notification shall include a reference to an electronic publication of the management plan and any relevant technical analysis.
(j) The consent agreement and order of designation shall provide for periodic review of the consent agreement and order, which may be initiated by the chief engineer or upon request of the water right owners in the water conservation area. The consent agreement and order shall specify the frequency of such periodic review, but a review shall be conducted at least once every 10 years.
(k) (1) The chief engineer may, with the consent of all participating water right owners, amend a consent agreement and order of designation in order to:
(A) Modify corrective control provisions or the boundaries of the designated area;
(B) add or remove water rights upon request of such water right owners;
(C) terminate a water conservation area upon the request of the water right owners in the designated area; or
(D) make other changes the water right owners may request.
(2) Any amendments to a consent agreement and order of designation, except amendments that remove a water right upon request of the owner so long as the consent of all participating water right owners is not required pursuant to the management plan, shall be consented to by all participating water right owners within the designated area and the chief engineer and shall be based upon a revised management plan submitted by the participating water right owners.
(l) No water right shall be perfected pursuant to a water conservation area.
(m) Notwithstanding K.S.A. 82a-1039, and amendments thereto, nothing in this section shall be construed as limiting or affecting any duty or power of a groundwater management district granted to such district by the Kansas groundwater management district act.
(n) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section.
(o) The provisions of this section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 2015, ch. 37, § 1; L. 2017, ch. 55, § 4; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 82a - Waters And Watercourses

Article 7 - Appropriation Of Water For Beneficial Use

82a-701 Definitions.

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-704b Same; notice.

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-706b Diversion of water prohibited, when; unlawful acts; enforcement and augmentation by chief engineer.

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-708b Application for change in place of use, point of diversion or use; fee; review of action on application.

82a-708c Application for term permits to appropriate water; fee.

82a-709 Same; contents; time of filing.

82a-710 Same; return for correction or completion; maps, plats, plans and drawings; default in refiling.

82a-711 Permits to appropriate water; standards for approval of use; review of action on application.

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-721 Construction of act.

82a-721a Same; damages to land.

82a-722 Invalidity of part.

82a-724 Review of administrative actions.

82a-725 Same; reference to state division or its chief engineer; procedures; cases in federal courts.

82a-726 Diversion and transportation of water for use in another state; approval by chief engineer; conditions.

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-730 Citation of act.

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-734 Sand and gravel pits; beneficial use of water, when; permit; application; fee; perfection of appropriation; examination of diversion works; assessment of water protection fee.

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-739 Installation of water flow measurement and data recording devices below Cedar Bluff reservoir; authorization of property owners; dissemination of data and report to legislative committees.

82a-741 Water conservation program; enrollment; application; fees; administration; rules and regulations.

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-745 Water conservation areas; establishment procedures; duties of chief engineer; notice; orders; consent agreement; review; flexibility; impairment.

82a-761 Title; implementation.

82a-762 Definitions.

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-770 Enforcement of act.

82a-771 Payment of certain costs of water bank.

82a-772 Water resources cost fund.

82a-773 Water office cost fund.