Session Law

Identifying Information:L. 2001 ch. 071
Other Identifying Information:2001 House Bill 2133
Tax Type:Other
Brief Description:An Act amending the multipurpose small lakes program act; amending K.S.A. 82a-1602, 82a-1603, 82a-1604, 82a-1605 and 82a-1606 and repealing the existing sections.
Keywords:


Body:

CHAPTER 71

HOUSE BILL No. 2133


An Act amending the multipurpose small lakes program act; amending K.S.A. 82a-1602,

82a-1603, 82a-1604, 82a-1605 and 82a-1606 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 82a-1602 is hereby amended to read as follows:

82a-1602. In order to provide public water supply storage and water re-

lated recreational facilities in the state there is hereby established a mul-

tipurpose small lakes program. The program shall be administered by the

state conservation commission. Except as otherwise provided by this act,

the state conservation commission shall adopt all rules and regulations

necessary to implement the provisions of this act.

Sec. 2. K.S.A. 82a-1603 is hereby amended to read as follows: 82a-

1603. When used in this act:

(a) ``Chief engineer'' means the chief engineer of the division of water

resources of the state board of agriculture.

(b) ``Class I funded project'' means a proposed new project or ren-

ovation of an existing project located within the boundaries of an organ-

ized watershed district which is receiving or is eligible to receive financial

participation from the state conservation commission for the flood control

storage portion of the project.

(c) ``Class II funded project'' means a proposed new project or ren-

ovation of an existing project which is receiving or is eligible to receive

financial participation from the federal government.

(d) ``Class III funded project'' means a proposed new project or ren-

ovation of an existing project located outside the boundaries of an organ-

ized watershed district which is not receiving or is not eligible to receive

financial participation from the state conservation commission or the fed-

eral government except as provided in K.S.A. 82a-1606, and amendments

thereto.

(e) ``Flood control storage'' means storage space in reservoirs to hold

flood waters.

(f) ``Future use public water supply storage'' means storage space

which the Kansas water office determines will be needed within the next

20 years for use by public water supply users in an area but for which

there is no current sponsor.

(f) (g) ``General plan'' means a preliminary engineering report de-

scribing the characteristics of the project area, the nature and methods

of dealing with the soil and water problems within the project area, and

the projects proposed to be undertaken by the sponsor within the project

area. Such plan shall include maps, descriptions and other data as may

be necessary for the location, identification and establishment of the char-

acter of the work to be undertaken; a cost-benefit analysis of alternatives

to the project, including but not limited to, nonstructural flood control

options and water conservation and reuse to reduce need for new water

supply storage; and any other data and information as the chief engineer

may require.

(g) (h) ``Land right'' means real property as that term is defined by

the laws of the state of Kansas and all rights thereto and interest therein

and shall include any road, highway, bridge, street, easement or other

right-of-way thereon.

(h) (i) ``Multipurpose small lake project'' means a dam and lake con-

taining (1) flood control storage and (2) either public water supply storage

or recreation features or both.

(i) (j) ``Public water supply'' means a water supply for municipal, in-

dustrial or domestic use.

(j) (k) ``Public water supply storage'' means storage of water for mu-

nicipal, industrial or domestic use.

(k) (l) ``Recreation feature'' means water storage and related facilities

for activities such as swimming, fishing, boating, camping or other related

activities.

(m) ``Renovation'' means repair or restoration of an existing lake

which contains water storage space for use as a public water supply and

which has either recreational purposes or flood control purposes, or both.

(l) (n) ``Sponsor'' means: (1) Any political subdivision of the state

which has the power of taxation and the right of eminent domain; (2) any

public wholesale water supply district; or (3) any rural water district.

(m) (o) ``Water user'' means any city, rural water district, wholesale

water district or any other political subdivision of the state which is in the

business of furnishing municipal or industrial water to the public.

Sec. 3. K.S.A. 82a-1604 is hereby amended to read as follows: 82a-

1604. (a) The state may participate with a sponsor in the development,

construction or renovation of a class I multipurpose small lake project if

the sponsor has a general plan which has been submitted to and approved

by the chief engineer in the manner provided by K.S.A. 24-1213 and 24-

1214, and amendments thereto. If the Kansas water office determines

that additional public water supply storage shall be needed in that area

of the state within 20 years from the time such project is to be completed

and a water user is not available to finance public water supply storage,

the state may include future use public water supply storage in the project.

The Kansas water office shall apply for a water appropriation right suf-

ficient to insure a dependable yield from the public water supply storage.

The Kansas water office shall be exempt from all applicable fees imposed

pursuant to K.S.A. 82a-701 et seq., and amendments thereto, for such

applications. The Kansas water office shall have authority to adopt rules

and regulations relative to the inclusion of public water supply storage in

proposed projects under this act and the disposition of state-owned water

rights and associated public water supply storage space in such projects.

(b) The sponsor of such class I project shall be responsible for ac-

quiring land rights and for the costs of operation and maintenance of such

project. The sponsor participating in the construction of recreation fea-

tures of a project shall pay for that portion of the project attributable to

recreation. The state may provide up to 50% of the engineering and

construction costs and up to 50% of the costs of land rights associated

with recreation features. Subject to the provisions of subsection (a) sub-

sections (a) and (c), the state may pay up to 100% of the engineering and

construction costs of flood control and public water supply storage. All

other costs of such project, including land, construction, operation and

maintenance shall be paid by the sponsor.

(c) The state shall not participate in the costs of public water supply

storage in a renovation project unless the Kansas water office determines

that renovation is the most cost effective alternative for such storage. The

state shall be authorized to pay only up to 50% of the engineering and

construction costs of public water supply storage in such a renovation

project.

(d) The Kansas water office may recover the state's costs incurred in

providing public water supply storage in such class I project, and interest

on such costs, by selling such storage and the associated water rights.

Interest on such costs shall be computed at a rate per annum which is

equal to the greater of: (1) The average rate of interest earned the past

calendar year on repurchase agreements of less than 30 days' duration

entered into by the pooled money investment board, less 5%; or (2) four

percent.

Sec. 4. K.S.A. 82a-1605 is hereby amended to read as follows: 82a-

1605. (a) The state may participate with a sponsor in the development,

construction or renovation of a class II multipurpose small lake project if

the sponsor has a general plan which has been submitted to and approved

by the chief engineer in the manner provided by K.S.A. 24-1213 and 24-

1214, and amendments thereto. If the Kansas water office determines

that additional public water supply storage shall be needed in that area

of the state within 20 years from the time such project is to be completed

and a water user is not available to finance public water supply storage,

the state may include future use public water supply storage in the project.

The Kansas water office shall apply for a water appropriation right suf-

ficient to insure a dependable yield from public water supply storage. The

Kansas water office shall be exempt from all applicable fees imposed

pursuant to K.S.A. 82a-701 et seq., and amendments thereto, for such

applications. The Kansas water office shall have authority to adopt rules

and regulations relative to the inclusion of public water supply storage in

proposed projects under this act and the disposition of state-owned water

rights and associated public water supply storage space in such projects.

(b) In a class II project, the state may assume initial financial obli-

gations for public water supply storage in watersheds by entering into

long-term contracts with the federal government. In order to provide

security to the federal government, the state may grant assignments of

water rights, either appropriation rights or water reservation rights; as-

signments of rights under existing or prospective water purchase con-

tracts; assignments, mortgages or other transfers of interests in real prop-

erty held by the state and devoted to the specific small lake project for

which security is sought; or may provide other security that is permissible

under state law and acceptable by the federal government. Instead of

contracting to repay costs under long-term contracts, the state may pay

all of the required costs of the public water supply storage in a lump sum.

(c) The sponsor of such class II project shall be responsible for ac-

quiring land rights and for the costs of operation and maintenance of such

project. The sponsor participating in the construction of recreation fea-

tures of a project shall pay for that portion of the project attributable to

recreation. The state or federal government may provide up to 50% of

the engineering and construction costs and up to 50% of the costs of land

rights associated with recreation features. Subject to the provisions of

subsection (d), the state may pay up to 100% of the engineering and

construction costs of flood control and public water supply storage. All

other costs of such project, including land, construction, operation and

maintenance shall be paid by the sponsor.

(d) The state shall not participate in the costs of public water supply

storage in a renovation project unless the Kansas water office determines

that renovation is the most cost effective alternative for such storage. The

state shall be authorized to pay only up to 50% of the engineering and

construction costs of public water supply storage in such a renovation

project.

(d) (e) The Kansas water office may recover the state's costs incurred

in providing public water supply storage in such class II project, and

interest on such costs, by selling such storage and the associated water

rights. Interest on such costs shall be computed at a rate per annum which

is equal to the greater of: (1) The average rate of interest earned the past

calendar year on repurchase agreements of less than 30 days' duration

entered into by the pooled money investment board, less 5%; or (2) four

percent.

Sec. 5. K.S.A. 82a-1606 is hereby amended to read as follows: 82a-

1606. (a) The state may participate with a sponsor in the development,

construction or renovation of a class III multipurpose small lake project

if the sponsor has a general plan which has been submitted to and ap-

proved by the chief engineer in the manner provided by K.S.A. 24-1213

and 24-1214, and amendments thereto. If public water supply storage is

included in the project, the sponsor of such class III project shall pay for

100% of the costs associated with the public water supply storage portion

of such project unless the Kansas water office determines that additional

public water supply storage shall be needed in that area of the state within

20 years from the time such project is to be completed and a sponsor is

not available to finance 100% of the costs associated with the public water

supply storage, the state may participate in the future use public water

supply storage costs of the project. If the state participates in the public

water supply storage costs, the Kansas water office shall apply for a water

appropriation right sufficient to insure a dependable yield from public

water supply storage. The Kansas water office shall be exempt from all

applicable fees imposed pursuant to K.S.A. 82a-701 et seq., and amend-

ments thereto, for such applications. The Kansas water office shall have

authority to adopt rules and regulations relative to the inclusion of public

water supply storage in proposed projects under this act and the dispo-

sition of state-owned water rights and associated public water supply

storage space in such projects.

(b) The sponsor of such class III project shall be responsible for ac-

quiring land rights and for the costs of operation and maintenance of the

project. The sponsor participating in the construction of recreation fea-

tures of a project shall pay for that portion of the project attributable to

recreation. The state may provide up to 50% of the engineering and

construction costs and up to 50% of the costs of land rights associated

with recreation features. Subject to the provisions of subsection (c), the

state may pay up to 100% of the engineering and construction costs of

flood control storage and public water supply storage. All other costs of

such project, including land, construction, operation and maintenance,

shall be paid by the sponsor.

(c) The state shall not participate in the costs of public water supply

storage in a renovation project unless the Kansas water office determines

that renovation is the most cost effective alternative for such storage. The

state shall be authorized to pay only up to 50% of the engineering and

construction costs of public water supply storage in such a renovation

project.

(d) The Kansas water office may recover the state's costs incurred in

providing public water supply storage in such class III project, and inter-

est on such costs, by selling such storage and the associated water rights.

Interest on such costs shall be computed at a rate per annum which is

equal to the greater of: (1) The average rate of interest earned the past

calendar year on repurchase agreements of less than 30 days' duration

entered into by the pooled money investment board, less 5%; or (2) four

percent.

Sec. 6. K.S.A. 82a-1602, 82a-1603, 82a-1604, 82a-1605 and 82a-1606

are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 3, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001