Session Law

Identifying Information:L. 2002 ch. 037
Other Identifying Information:2002 Senate Bill 548
Tax Type:Other
Brief Description:An Act concerning agriculture; relating to control and eradication of sericea lespedeza; powers of secretary of agriculture; expenditures by conservation districts; amending K.S.A. 2-1315, 2-1908 and 2-1915 and repealing the existing sections.
Keywords:


Body:

CHAPTER 37

SENATE BILL No. 548


An Act concerning agriculture; relating to control and eradication of sericea lespedeza;

powers of secretary of agriculture; expenditures by conservation districts; amending


K.S.A. 2-1315, 2-1908 and 2-1915 and repealing the existing sections.


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

Section 1. K.S.A. 2-1315 is hereby amended to read as follows: 2-

1315. The state board secretary of agriculture is hereby empowered to

decide and adopt methods as official for control and eradication of noxious

weeds and to publish such methods, and to make and publish such rules

and regulations as in its the secretary's judgment are necessary to carry

into effect the provisions of this act, and to alter or suspend such rules

and regulations when necessary. There is hereby created within the state

board of agriculture, a noxious weeds division which shall consist of a

director, assistant directors and other employees all of whom shall be

under the classified service of the Kansas civil service act. The state board

of agriculture is authorized to appoint a director of the noxious weeds

division and fix the director's salary, and such director shall be the exec-

utive officer thereof and shall be under the supervision of the secretary

of the board. The state board secretary of agriculture may establish not

to exceed five (5) noxious weed control districts within this state and

define the boundaries thereof, of such districts. Such districts to be con-

stituted shall be established to provide for the most efficient control and

eradication of noxious weeds and for the most economical supervision

thereof by the state. Commencing on July 1, 2002, and ending on June

30, 2005, the secretary may designate any county as a sericea lespedeza

disaster area to provide for the control and eradication of sericea lespe-

deza within such county. The secretary shall consult with the board of

county commissioners of any county prior to designation of such county

as a sericea lespedeza disaster area pursuant to this subsection.

The director, with the approval of the board, shall appoint an assistant

state weed control director for each district so established, and it shall be

the duty of each such assistant to secretary may consult, advise, or render

assistance and direction to county and city weed supervisors as to the best

and most practical methods of noxious weed control and eradication and

to render every possible assistance and direction to such supervisors for

the most effective control and eradication of noxious weeds; to aid in

investigations and prosecutions of violations of this act; and to prepare

such records and reports and to perform such other services and duties

as the state weed control director shall direct. The assistant director shall

reside in the district for which he or she is appointed during the time he

or she shall serve as such assistant director. The director, with the ap-

proval of the board of agriculture, may also appoint such additional assis-

tants and clerical employees as may be deemed necessary to properly

conduct the work of the noxious weeds division. It shall be the duty of

the county agricultural agent to cooperate with and assist the county weed

supervisors in an intensive educational program on weed control. The

director of the noxious weeds division of the state board of agriculture

shall enforce the rules and regulations of the board and all provisions of

this act and acts amendatory and supplemental thereto. The state board

secretary of agriculture is hereby authorized to enter into agreements

with any agencies of the federal government for cooperation in the control

and eradication of noxious weeds in Kansas in keeping with the provisions

of this act.

Sec. 2. K.S.A. 2-1908 is hereby amended to read as follows: 2-1908.

A conservation district organized under the provisions of K.S.A. 2-1901

et seq., and amendments thereto, shall constitute a governmental subdi-

vision of this state, and a public body corporate and politic, exercising

public powers, and such district, and the supervisors thereof, shall have

the following powers, in addition to others granted in other sections of

this act:

(a) To conduct surveys, investigations, and research relating to the

character of soil erosion, flood damage and the preventive and control

measures needed, to publish the results of such surveys, investigations,

or research, and to disseminate information concerning such preventive

and control measures. In order to avoid duplication of research activities,

no district shall initiate any research program except in cooperation with

the government of this state or any of its agencies, or with the United

States or any of its agencies;

(b) to conduct demonstrational projects within the district on lands,

owned or controlled by this state or any of its agencies, with the coop-

eration of the agency administering and having jurisdiction thereof, and

on any other lands within the district upon obtaining the consent of the

occupier of such lands or the necessary rights or interests in such lands,

in order to demonstrate by example the means, methods, and measures

by which soil and soil resources may be conserved, and soil erosion in the

form of soil blowing and soil washing may be prevented and controlled;

and to demonstrate by example, the means, methods, and measures by

which water and water resources may be conserved, developed, used and

disposed of to alleviate drouth, to maintain and improve water quality and

to reduce flooding and impaired drainage;

(c) to carry out preventive and control measures within the district

including, but not limited to, engineering operations, methods of culti-

vation, the growing of vegetation, changes in use of land, and the meas-

ures listed in subsection C of K.S.A. 2-1902, and amendments thereto,

on lands owned or controlled by this state or any of its agencies, with the

cooperation of the agency administering and having jurisdiction thereof,

and on any other lands within the district upon obtaining the consent of

the occupier of such lands or the necessary rights or interests in such

lands;

(d) to cooperate, or enter into agreements with, and within the lim-

itations of appropriations duly made available to it by law, to furnish fi-

nancial or other aid to, any agency, governmental or otherwise, or any

occupier of lands within the district, in the carrying on of erosion-control

flood prevention and water management operations within the district,

subject to such conditions as the supervisors may deem necessary to ad-

vance the purposes of this act;

(e) to obtain options upon and to acquire, by purchase, exchange,

lease, gift, grant, bequest, devise, or otherwise, any property, real or per-

sonal, or rights or interest therein; to maintain, administer, and improve

any properties acquired, to receive income from such properties and to

expend such income in carrying out the purposes and provisions of this

act; and to sell, lease, or otherwise dispose of any of its property or in-

terests therein in furtherance of the purposes and the provisions of this

act;

(f) to make available, on such terms as it shall prescribe, to land oc-

cupiers within the district, agricultural and engineering machinery and

equipment, fertilizer, seeds, and seedlings, and such other material or

equipment, as will assist such land occupiers to carry on operations upon

their lands for the conservation of soil resources and for the prevention

and control of soil erosion;

(g) to develop comprehensive plans for the conservation of soil and

water resources and for the control and prevention of soil erosion, flood

damages, impaired drainage, the effects of drouth within the district and

the maintenance and improvement of water quality, which plans shall

specify in such detail as may be possible, the acts, procedures, perform-

ances, and avoidances which are necessary or desirable for the effectua-

tion of such plans, including the specification of engineering operations,

methods of cultivation, the growing of vegetation, cropping programs,

tillage practices, and changes in use of land, and to publish such plans

and information and bring them to the attention of occupiers of lands

within the district;

(h) to take over, by purchase, lease, or otherwise, and to administer,

any soil-conservation, erosion-control, or erosion-prevention, flood pre-

vention or water management project located within its boundaries un-

dertaken by the United States or any of its agencies, or by this state or

any of its agencies; to manage, as agent of the United States or any of its

agencies, or of this state or any of its agencies, any soil-conservation,

erosion-control, or erosion-prevention, flood prevention or water man-

agement project within its boundaries; to act for the district or as agent

for the United States, or any of its agencies, or for this state or any of its

agencies, in connection with the acquisition, construction, operation,

maintenance, or administration of any soil-conservation, erosion-control,

or erosion-prevention, flood prevention, or water management project

within its boundaries; to accept donations, gifts, and contributions in

money, services, materials, or otherwise, from the United States or any

of its agencies, or from this state or any of its agencies, and from persons,

firms, corporations or associations, and to use or expend such moneys,

services, materials, or other contributions in carrying on its operations;

(i) to sue and be sued in the name of the district; to have a seal, which

seal shall be judicially noticed; to have perpetual succession unless ter-

minated as hereinafter provided; to make and execute contracts and other

instruments, necessary or convenient to the exercise of its powers; to

make, and from time to time amend and repeal, rules and regulations not

inconsistent with this act, to carry into effect its purposes and powers;

(j) as a condition to the extending of any benefits under this act, to

or the performance of work upon, any lands not owned or controlled by

this state or any of its agencies, the supervisors may require contributions

in money, services, materials, or otherwise to any operations conferring

such benefits, and may require land occupiers to enter into and perform

such agreements or covenants as to the permanent use of such lands as

will tend to prevent or control erosion thereon;

(k) no provisions with respect to the acquisition, operation, or dis-

position of property by other public bodies shall be applicable to a district

organized hereunder unless the legislature shall specifically so state;

(l) the supervisors of any district shall not contract debts or obliga-

tions in the name of the district beyond the current appropriation made

available to the district by the committee or federal grants or other fi-

nancial sources; and

(m) to accept and expend funds donated to the district for purposes

of providing at least 20% cost-share for the purchase of an eligible water

right from the holder of the water right under the provisions of K.S.A. 2-

1915, and amendments thereto.; and

(n) commencing July 1, 2002, and ending June 30, 2005, to control

and eradicate sericea lespedeza within the district in any county that the

secretary of agriculture has designated as a sericea lespedeza disaster

area.

Sec. 3. K.S.A. 2-1915 is hereby amended to read as follows: 2-1915.

(a) Appropriations may be made for grants out of funds in the treasury

of this state for terraces, terrace outlets, check dams, dikes, ponds,

ditches, critical area planting, grassed waterways, tailwater recovery irri-

gation systems, precision land forming, range seeding, detention and

grade stabilization structures and other enduring water conservation prac-

tices installed on public lands and on privately owned lands and, com-

mencing July 1, 2002, and ending June 30, 2005, the control and eradi-

cation of sericea lespedeza as provided in subsection (n) of K.S.A. 2-1908,

and amendments thereto, on public lands and on privately owned lands.

Except as provided by the multipurpose small lakes program act, any such

grant shall not exceed 80% of the total cost of any such practice.

(b) A program for protection of riparian and wetland areas shall be

developed by the state conservation commission and implemented by the

conservation districts. The conservation districts shall prepare district pro-

grams to address resource management concerns of water quality, erosion

and sediment control and wildlife habitat as part of the conservation dis-

trict long-range and annual work plans. Preparation and implementation

of conservation district programs shall be accomplished with assistance

from appropriate state and federal agencies involved in resource man-

agement.

(c) Subject to the provisions of K.S.A. 2-1919, and amendments

thereto, any holder of a water right, as defined by subsection (g) of K.S.A.

82a-701, and amendments thereto, who is willing to voluntarily return all

or a part of the water right to the state shall be eligible for a grant not to

exceed 80% of the total cost of the purchase price for such water right.

The state conservation commission shall administer this cost-share pro-

gram with funds appropriated by the legislature for such purpose. The

chief engineer shall certify to the state conservation commission that any

water right for which application for cost-share is received under this

section is eligible in accordance with the criteria established in K.S.A. 2-

1919, and amendments thereto.

(d) (1) Subject to appropriation acts therefor, the state conservation

commission shall develop the Kansas water quality buffer initiative for

the purpose of restoring riparian areas using best management practices.

The executive director of the state conservation commission shall ensure

that the initiative is complementary to the federal conservation reserve

program.

(2) There is hereby created in the state treasury the Kansas water

quality buffer initiative fund. All expenditures from such fund shall be

made in accordance with appropriation acts upon warrants of the director

of accounts and reports issued pursuant to vouchers approved by the

executive director of the state conservation commission or the executive

director's designee. Money credited to the fund shall be used for the

purpose of making grants to install water quality best management prac-

tices pursuant to the initiative.

(3) The county or district appraiser shall identify and map riparian

buffers consisting of at least one contiguous acre per parcel of real prop-

erty located in the appraiser's county. Notwithstanding any other provi-

sions of law, riparian buffers shall be valued by the county or district

appraiser as tame grass land, native grass land or waste land, as appro-

priate. As used in this subsection (3), ``riparian buffer'' means an area of

stream-side vegetation that: (A) Consists of tame or native grass and may

include forbs and woody plants; (B) is located along a perennial or inter-

mittent stream, including the stream bank and adjoining floodplain; and

(C) is a minimum of 66 feet wide and a maximum of 180 feet wide.

(e) The state conservation commission shall adopt rules and regula-

tions to administer such grant and protection programs.

(f) Any district is authorized to make use of any assistance whatsoever

given by the United States, or any agency thereof, or derived from any

other source, for the planning and installation of such practices. The state

conservation commission may enter into agreements with other state and

federal agencies to implement the Kansas water quality buffer initiative.

Sec. 4. K.S.A. 2-1315, 2-1908 and 2-1915 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 5, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002