Kansas Statutes
Article 7 - Appropriation Of Water For Beneficial Use
82a-765 Water bank charter; approval; requirements.

82a-765. Water bank charter; approval; requirements. (a) Before a water bank is authorized to operate in the state, the bank's charter must be approved by the chief engineer. Prior to approval, the body wishing to charter the bank shall submit to the chief engineer the proposed bank charter and any other information required by rules and regulations of the chief engineer to determine whether the bank shall be chartered to operate in the state.
(b) The chief engineer shall approve the charter of a water bank only if the chief engineer determines that:
(1) The charter ensures that the operations and policies of the bank will be consistent with the provisions of this act, the state water plan and all applicable statutes, rules and regulations, findings and orders of the chief engineer, groundwater management district policies and water assurance district operations plans;
(2) there is sufficient participation by water right holders and water users to make the operations of the bank practical and feasible;
(3) the governing body of the bank has at least five members and is reasonably representative of public and private interests in water within the bank boundary;
(4) the bank would not lease or accept for placement in a safe deposit account water from the same hydrologic unit as another chartered bank or accept for deposit a water right that authorizes diversion of water from the same hydrologic unit as another chartered water bank;
(5) the charter ensures that, for each calendar year, the aggregate amount of all bank deposits, determined by multiplying the amount of each water right deposited by the length of time of the deposit and then adding together the resulting amounts for all deposits, will equal or exceed the sum of the aggregate amount of water leased by the bank, determined by multiplying the amount of each lease by the length of time of the lease and then adding together the resulting amounts for all leases, plus the aggregate conservation element of all leases, determined by multiplying the conservation element of each lease by the length of the lease and then adding together the resulting amounts for all leases;
(6) the charter ensures that the operations of the bank will not result in impairment of existing water rights or an increase in depletion of severely depleted groundwater aquifers or stream courses;
(7) the charter ensures that the operations of the bank will result in a savings of 10% or more in the total amount of groundwater consumed for a representative past period pursuant to water rights deposited in the bank, excluding groundwater located in an intensive groundwater use control area where corrective control provisions have reduced the allocation of groundwater to less than the quantity previously authorized by water rights in the area;
(8) the charter provides a procedure for resolution of complaints by bank participants and others impacted by the bank policies, practices and operations;
(9) the charter ensures that the determination of the portion of a water right that is bankable shall be subject to the following:
(A) The determination shall be primarily based on a representative period of average water consumption for the hydrologic unit from which water is authorized to be diverted under the water right; and
(B) the method of determination shall not penalize past implementation of water conservation practices;
(10) the charter ensures that the total amount of groundwater leased each year from each hydrologic unit does not exceed 90% of the historic average annual amount collectively diverted pursuant to all deposited water rights or portions of water rights from such unit for a representative past period; and
(11) the charter provides a procedure for the dissolution of the bank, specifically stating how the remaining deposits and safe deposit accounts will be distributed.
(c) A water bank shall be chartered for an initial period of not more than seven years, at which time the bank shall be subject to review in accordance with K.S.A. 82a-767, and amendments thereto, to determine whether the initial charter shall lapse or the bank shall be chartered.
(d) Any amendment to the charter of a water bank must be approved by the chief engineer prior to adoption of the amendment.
History: L. 2001, ch. 160, § 5; L. 2012, ch. 106, § 1; 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.