82a-1702. State financial assistance, conditions.

454 words·~2 min read·/ks/82a-1702

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The state shall provide financial assistance to certain public corporations for part of the costs or reimbursement of part of the costs of installation of water development projects that derive general benefits to the state as a whole or to a section thereof beyond the boundaries of such public corporation.

(1)Any public corporation shall be eligible for state financial assistance for a part of the costs it becomes actually and legally obligated to pay for all lands, easements and rights-of-way for the water development projects in the event the Kansas department of agriculture division of conservation shall find that:

(A)Such public corporation has made application for approval of such financial assistance with the Kansas department of agriculture division of conservation in such form and manner as the Kansas department of agriculture division of conservation may require, which application each public corporation is hereby authorized to make;

(B)such works will confer general flood control benefits beyond the boundaries of such public corporation in excess of 20% of the total flood control benefits of the works;

(C)such works are consistent with the state water plan;

(D)such public corporation will need such financial assistance for actual expenditures within the fiscal year next following; and

(E)the legislature has appropriated funds for the payment of such sum.

(2)The payment authorized hereunder shall be limited to an amount equal to the total costs the public corporation shall become actually and legally obligated to spend for lands, easements and rights-of-way for such water resource development works, multiplied by the ratio that the flood control benefits conferred beyond the boundaries of the public corporation bear to the total flood control benefits of the project. Such findings shall each be made at and in such manner as is provided by procedural rules and regulations that shall be adopted by the Kansas department of agriculture division of conservation with the approval of the secretary.

(c)Any public corporation receiving financial assistance under this section shall apply those sums toward the satisfaction of the legal obligations for the specific lands, easements and rights-of-way for which it receives them or toward the reimbursement of those accounts from which those legal obligations were satisfied, in whole or in part, and it shall return to the state any sums that are not in fact so applied. In ascertaining costs of lands, easements and rights-of-way under this section, the Kansas department of agriculture division of conservation shall not consider any costs that relate to land treatment measures or any costs for which federal aid for construction costs is granted pursuant to the watershed protection and flood prevention acts or pursuant to any other federal acts.