2-1919. Cost-share limitations; purchase of surface water right outside the state.

272 words·~1 min read·/ks/chapter-2/2-1919

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

(a)Except as provided by subsection (b), any application for cost-share for the purchase of the water right under the provisions of K.S.A. 2-1915 , and amendments thereto, shall be subject to the following limitations:

(1)The water right is an active vested or certified water appropriation right that has not been abandoned under the provisions of K.S.A. 82a-718 , and amendments thereto;

(A)in the case of a water right for diverting groundwater, such water right is in an area where the rate of withdrawal of groundwater equals or exceeds the rate of recharge and the chief engineer has closed the area to further appropriations and designated the area as being in need of aquifer restoration;

(B)in the case of a water right for diverting groundwater or surface water, such water right is within a stream reach where the chief engineer has closed the stream reach to further appropriations and designated the stream reach as being in need of stream recovery;

(3)a local entity has provided an assurance that it will pay at least 20% of the purchase price negotiated by the entity and the holder of the water right; and

(4)the holder of the water right agrees to return the water right to the custodial care of the state.

(b)In the case of a purchase of a surface water right from outside the state, such purchase shall be considered and evaluated by the chief engineer on the basis of the potential of the water right to provide stream recovery within a designated stream reach.