K.S.A. 82a-1020. Legislative declaration.
It is hereby recognized that a need exists for the creation of special
districts for the proper management of the groundwater resources of the
state; for the conservation of groundwater resources; for the prevention
of economic deterioration; for associated endeavors within the state of
Kansas through the stabilization of agriculture; and to secure for
Kansas the benefit of its fertile soils and favorable location with
respect to national and world markets. It is the policy of this act to
preserve basic water use doctrine and to establish the right of local
water users to determine their destiny with respect to the use of the
groundwater insofar as it does not conflict with the basic laws and
policies of the state of Kansas. It is, therefore, declared that in the
public interest it is necessary and advisable to permit the
establishment of groundwater management districts. (History: L. 1972, ch.
386, ｧ 1; July 1.) |
|
^
Back to Top ^
|
|
K.S.A. 82a-1021. Definitions.
The following terms when used in this act shall have the limitations and
meanings respectively ascribed to them in this section:
(a) "Aquifer"
means any geological formation capable of yielding water in sufficient
quantities that it can be extracted for beneficial purposes.
(b) "Board"
means the board of directors constituting the governing body of a
groundwater management district.
(c) "Chief
engineer" means the chief engineer of the division of water resources of
the Kansas state board of agriculture.
(d) "District"
means a contiguous area which overlies one or more aquifers, together
with any area in between, which is organized for groundwater management
purposes under this act and acts amendatory thereof or supplemental
thereto.
(e) "Eligible
voter" means any person who is a landowner or a water user as defined in
this act except as hereafter qualified. Every natural person of the age
of eighteen (18) years or upward shall be an eligible voter of a
district under this act if (1) he or she is a landowner who owns, of
record, any land, or any interest in land, comprising forty (40) or more
contiguous acres located within the boundaries of the district and not
within the corporate limits of any municipality, or (2) he or she
withdraws or uses groundwater from within the boundaries of the district
in an amount of one acre-foot or more per year.
Except as is
hereafter qualified, every public or private corporation shall be an
eligible voter of a district under this act either (1) if it is a
landowner who owns of record any land, or any interest in land,
comprised of forty (40) or more contiguous acres located within the
boundaries of the district and not within the corporate limits of any
municipality, or (2) if it is a corporation that withdraws groundwater
from within the district in an amount of one acre-foot or more per year.
Each tract of
land of forty (40) or more contiguous acres and each quantity of water
withdrawn or used in an amount of one acre-foot or more per year shall
be represented by but a single eligible voter. If the land is held by
lease, under an estate for years, under contract, or otherwise, the fee
owner shall be the one entitled to vote, unless the parties in interest
agree otherwise. If the land is held jointly or in common, the majority
in interest shall determine which natural person or corporation shall be
entitled to vote. Each qualified voter shall be entitled to cast only
one vote. A person duly authorized to act in a representative capacity
for estates, trusts, municipalities, public corporations or private
corporations may also cast one vote for each estate, trust,
municipality, or public or private corporations so represented. Nothing
herein shall be construed to authorize proxy voting.
Any landowner
who is not a water user may have his or her land excluded from any
district assessments and thereby abandon his or her right to vote on
district matters by serving a written notice of election of exclusion
with the steering committee or the board. Such a landowner may again
become an eligible voter by becoming a water user or by serving a
written notice of inclusion on the board stating that he or she has
elected to be reinstated as a voting member of the district and will be
subject to district assessments.
Any eligible
voter who is a landowner or water user as defined in this act, and also
is the owner of a tract or tracts of land comprising not less than six
hundred forty (640) acres in area, located within the boundaries of the
district, on which no water is being used or from which no water is
being withdrawn, may have such tract or tracts of land on or from which
no water is used or withdrawn, excluded from district assessment in the
manner described above.
All notices of
inclusion or exclusion of land shall be submitted to the board not later
than January 1 of the effective year.
(f) "Land"
means real property as that term is defined by the laws of the state of
Kansas.
(g) "Landowner"
means the person who is the record owner of any real estate within the
boundaries of the district or who has an interest therein as contract
purchaser of forty (40) or more contiguous acres in the district not
within the corporate limits of any municipality. Owners of oil leases,
gas leases, mineral rights, easements, or mortgages shall not be
considered landowners by reason of such ownership.
(h) "Management
program" means a written report describing the characteristics of the
district and the nature and methods of dealing with groundwater supply
problems within the district. It shall include information as to the
groundwater management program to be undertaken by the district and such
maps, geological information, and other data as may be necessary for the
formulation of such a program.
(i) "Person"
means any natural person, private corporation, or municipality, or other
public corporation.
(j) "Water
right" shall have the meaning ascribed to that term in K.S.A. 82a-701,
and any acts amendatory thereof or supplemental thereto.
(k) "Water
user" means any person who is withdrawing or using groundwater from
within the boundaries of the district in an amount not less than one
acre-foot per year. If a municipality is a water user within the
district, it shall represent all persons within its corporate limits who
are not water users as defined above. (History: L. 1972, ch. 386, ｧ 2;
July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1022. Organization of district;
steering committee; declaration of intent filing; map of proposed
district, submission and approval by chief engineer.
Proceedings to organize a groundwater management district shall be
commenced by filing with the chief engineer a declaration of intent to
form a district, signed by not less than fifteen (15) eligible voters of
the proposed district. The seven (7) eligible voters first signing the
declaration shall be the steering committee of the proposed district.
The person first signing the declaration shall be chairman of the
steering committee, and the second signer shall be the secretary. At the
time of filing the declaration of intent, the steering committee shall
also submit to the chief engineer a map of the proposed district. The
chief engineer shall, in consultation with the steering committee, make
any necessary modifications in the map of the proposed district so that,
in the opinion of the chief engineer, a manageable area will result.
After such modifications are made, the chief engineer shall certify to
the steering committee, a description of the lands to be included within
the proposed district. (History: L. 1972, ch. 386, ｧ 3; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1023. Same; petition contents
and signatures; filing with secretary of state.
(a) Within twelve (12) months after certification of the description of
the lands to be included within the proposed district, and before any
groundwater management district shall be organized, a petition shall be
circulated by the steering committee and filed with the secretary of
state after being signed by not less than fifty (50) eligible voters or
fifty percent (50%) of the eligible voters of the district, whichever is
the smaller.
(b) The petition
shall set forth:
(1) The
proposed name of the district, which name shall end with the words
"groundwater management district No. _______." It shall be the duty of
the secretary of state to assign a number to each such district in the
order in which petitions for organizations are received in his or her
office.
(2) A
description of the lands to be included within the proposed district
identified by township, range, and section numbers and fractions
thereof, and other areas as appropriate and a map showing the contiguous
lands to be included in the district.
(3) A statement
of the purposes for which the district is to be organized.
(4) A statement
of the number of persons that will constitute the elected board of
directors of the district, which shall be an uneven number of not less
than three (3) or more than fifteen (15).
(5) The names
and addresses of the persons who constitute the steering committee.
(6) A prayer
for the organization and incorporation of the district.
(7) Any other
matter deemed essential by the steering committee.
(c) The
petition shall be in substantially the following form:
"Before the
secretary of state of the state of Kansas in the matter of the proposed
_______________ groundwater management district No. ______, in _______
County, (counties), Kansas.
PETITION
Come now the
undersigned persons and state that (1) they are eligible voters of the
aforenamed groundwater management district, hereinafter more fully
described; (2) each signer's post-office address is set forth beside his
or her name; (3) the purposes for which this district is organized are:
(statement of purposes); (4) a seven-member steering committee for the
organization of the district has been established; (5) the names of
persons who serve on the steering committee, of which the first named
shall be chairman, and their respective addresses are as follows: (list
of names and addresses); and (6) the governing body of the district
shall be an elected board of directors composed of _______ eligible
voters.
Attached
hereto, marked exhibit A and made a part hereof, is a description of the
lands proposed to be included in the district.
Attached
hereto, marked exhibit B and made a part hereof, is a map showing the
lands proposed to be included in the district.
Wherefore, the
undersigned individually and collectively pray that a groundwater
management district be organized in the manner provided by law for the
purposes set forth herein, and that the secretary of state and the chief
engineer of the division of water resources of the Kansas state board of
agriculture proceed diligently in the performance of their duties so
that the organization and incorporation of this proposed district may be
completed and approved at the earliest possible time.
Submitted to
the secretary of state this ____day of __________, 19__." (History: L.
1972, ch. 386, ｧ 4; L. 1974, ch. 454, ｧ 1, July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1024.
Same; determination of sufficiency of petition; approval by chief
engineer; criteria for approval.
(a) If the secretary of state finds the petition to be sufficient as to
form and substance and executed in accordance with the requirements of
this act he or she shall transmit a certified copy of the petition to
the chief engineer within five (5) days from the date of his or her
determination of sufficiency. Upon receipt of the certified copy, the
chief engineer shall review the petition and shall within ninety (90)
days after receipt of the copy transmit a written report of his or her
findings on the petition, together with his or her written approval or
disapproval of the petition, to the secretary of state and the chairman
of the steering committee named in the petition.
(b) The chief
engineer shall approve such petition if he or she finds that:
(1) The lands
proposed to be included in the district substantially comprise a
hydrologic community of interest.
(2) The
proposed district would not include any of the lands of an existing
groundwater management district.
(3) The
statement of purposes contained in the petition conforms with the intent
and purposes of this act.
(4) The lands
within the proposed district or part thereof overlie an aquifer or
aquifers subject to management.
(5) The map
attached to the petition is substantially correct.
(6) The area of
the district and existing and prospective uses of groundwater within the
district are sufficient to support a groundwater management program.
(7) The public
interest will be served by the creation of the proposed district.
(c) The chief
engineer in his or her findings may make minor corrections with respect
to the map and the corrections shall become a part of the petition and
shall be deemed effective without a recirculation of the corrected
petition.
(d) If the
chief engineer approves the petition, he or she shall transmit a
certified copy of his or her report to the secretary of state and to the
chairman of the steering committee of the district. (History: L. 1972,
ch. 386, ｧ 5; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1025. Same; election for
approval of organization of district; secretary of state to issue
certificate of incorporation, when; action to attack legality.
(a) Within ten (10) days after receipt of a certified copy of the chief
engineer's report approving the petition, or the petition as amended,
the chairman of the steering committee shall call a meeting of the
committee. The committee shall meet at the time and place fixed in the
notice and shall provide by resolution for the calling of an election at
which all eligible voters of the district shall be entitled to vote on
the question of whether the district should be organized in accordance
with the petition as approved by the chief engineer. The steering
committee shall cause a notice of the election to be published once each
week for three (3) consecutive weeks in a newspaper or newspapers of
general circulation within the proposed district, the first publication
to be not less than twenty-eight (28) days prior to such election. If
the proposed district lies in more than one county, a similar notice
shall be published in a newspaper of general circulation in each of the
counties in which a part of the proposed district is located. The notice
shall set forth when and where the election shall be held and the
proposition to be voted on. It shall contain a copy of the petition as
approved by the chief engineer (omitting the map attached as an exhibit)
and shall be signed by the chairman and attested by the secretary of the
steering committee. The steering committee shall conduct the election,
canvass the vote, and certify the results to the secretary of state.
(b) If a majority
of the votes cast are in favor of the organization and creation of the
district, the secretary of state shall issue to the steering committee a
certificate of incorporation for the district, which shall be filed of
record in the office of the register of deeds of each county in which
all or a portion of the district lies. Upon such recordation, the
district shall be authorized to function in accordance with the
provisions of this act.
(c) If a
majority of those voting on the proposition vote against the
organization and creation of the district, the secretary of state shall
endorse that fact on the face of the petition and the proceedings shall
be closed.
(d) No action
attacking the legality of the incorporation of any groundwater
management district organized under this act shall be maintained unless
commenced within ninety (90) days after the issuance of the certificate
of incorporation for a district by the secretary of state, and any
alleged illegality of the incorporation of any district shall not be
interposed as a defense to any action brought after that time. (History:
L. 1972, ch. 386, ｧ 6; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1026. Annual meetings of
eligible voters; organization meeting to elect initial board of
directors.
(a) Within not more than ninety (90) days after the recording of the
certificate of incorporation, a meeting open to all eligible voters of
the district shall be held by the steering committee for the election of
the initial board of directors of the district. A notice of the meeting
shall be given by the steering committee at least ten (10) days prior to
the date thereof by one publication in a newspaper of general
circulation in each of the counties of which the groundwater management
district is a part. Each eligible voter of the district shall be
entitled to vote for as many candidates as the number of directors that
are to be elected, but may not cast more than one vote for any one
candidate. The candidates receiving the greatest number of votes cast
shall respectively be declared elected.
(b) In not more
than twelve (12) months after the initial meeting, and annually
thereafter, a meeting shall be held for the election of directors whose
terms expire, to report on the financial condition and activities of the
district and to adopt a proposed budget covering the anticipated
expenses of the district for the ensuing year.
(c) The number
of directors of a district, or the date of the annual meeting, may be
changed at any annual meeting if notice of the proposition or
propositions is included in the notice of the annual meeting at which
the changes are to be considered. (History: L. 1972, ch. 386, ｧ 7; L.
1978, ch. 436, ｧ 1; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1027. Board of directors; terms
of members; expenses; officers; quorum; vote for actions; filling
vacancies.
(a) All powers granted to a groundwater management district under the
provisions of this act shall be exercised by an elected board of
directors which shall be composed of the number of persons specified in
the petition. Each director shall serve for a period of three (3) years
and until his or her successor is duly elected and qualified, except
that as nearly as possible one-third of the original directors shall
serve for a term of one (1) year, one-third shall serve for a term of
two (2) years, and one-third shall serve for a term of three (3) years.
The directors shall serve without compensation but shall be allowed
actual and necessary expenses incurred in the performance of their
official duties.
(b) The board of
directors, after being duly elected, shall elect from its number a
president, a vice-president, a secretary, and a treasurer. In districts
having only three (3) directors, the board shall elect one director to
hold the offices of secretary and treasurer.
(c) A majority
of the directors shall constitute a quorum for the transaction of
business and a majority of those voting shall determine all actions
taken by the board. In the absence of any of the duly elected officers,
those directors present at any meeting may select a director to act as
an officer pro tem.
(d) The elected
board shall fill any vacancy occurring on the board prior to the
expiration of the term of any director by selecting a replacement from
among the eligible voters of the district to serve for the unexpired
term. (History: L. 1972, ch. 386, ｧ 8; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1028. District powers; home
office.
Every groundwater management district organized under this act shall be
a body politic and corporate and shall have the power to:
(a) Adopt a seal;
(b) sue and be
sued in its corporate name;
(c) rent space,
maintain and equip an office, and pay other administrative expenses;
(d) employ such
legal, engineering, technical, and clerical services as may be deemed
necessary by the board;
(e) purchase,
hold, sell and convey land, water rights and personal property, and
execute such contracts as may, in the opinion of the board, be deemed
necessary or convenient;
(f) acquire
land and interests in land by gift, exchange or eminent domain, the
power of eminent domain to be exercised within the boundaries of the
district in like manner as provided by the eminent domain procedure act,
except that any land holdings acquired pursuant hereto or in accordance
with the provisions of the next preceding subsection shall not in the
aggregate exceed 1,000 acres. In any case where a district has land
holdings in excess of the described limitation, the district shall
dispose of such excess in a reasonable and expeditious manner;
(g) construct,
operate and maintain such works as may be determined necessary for
drainage, recharge, storage, distribution or importation of water, and
all other appropriate facilities of concern to the district;
(h) levy water
user charges and land assessments, issue general and special bonds and
incur indebtedness within the limitations prescribed by this act;
(i) contract
with persons, firms, associations, partnerships, corporations or
agencies of the state or federal government, and enter into cooperative
agreements with any of them;
(j) take
appropriate actions to extend or reduce the territories of the district
as prescribed by this act;
(k) construct
and establish research, development, and demonstration projects, and
collect and disseminate research data and technical information
concerning the conservation of groundwater;
(l) install or
require the installation of meters, gauges, or other measuring devices
and read or require water users to read and report those readings as may
be necessary to determine the quantity of water withdrawn;
(m) provide
advice and assistance in the management of drainage problems, storage,
groundwater recharge, surface water management, and all other
appropriate matters of concern to the district;
(n) adopt
administrative standards and policies relating to the management of the
district which are not inconsistent with the provisions of article 10 of
chapter 82a of the Kansas Statutes Annotated, and amendments thereto, or
the Kansas water appropriation act;
(o) recommend
to the chief engineer rules and regulations which relate to the
conservation and management of groundwater within the district, are
within the authority of the chief engineer and are not inconsistent with
the provisions of article 10 of chapter 82a of the Kansas Statutes
Annotated, and amendments thereto, or the Kansas water appropriation
act. Within 90 days after receipt of a final draft of proposed rules and
regulations recommended by a groundwater management district, the chief
engineer shall: (1) Approve or reject the proposed rules and regulations
for adoption; and (2) either initiate procedures pursuant to the rules
and regulations filing act to adopt the approved proposed rules and
regulations or return the rejected proposed rules and regulations,
together with written reasons for the rejection, to the groundwater
management district. Proposed rules and regulations recommended to the
chief engineer shall be of no force and effect unless and until adopted
by the chief engineer to implement the provisions of article 7 of
chapter 82a of the Kansas Statutes Annotated, and amendments thereto.
All such rules and regulations adopted shall be effective only within a
specified district;
(p) recommend
to the department of health and environment, the state corporation
commission or other appropriate state agency such other rules and
regulations, not inconsistent with law, which relate to the conservation
and management of groundwater within the district and are within the
authority of such department, commission or other agency. Within 90 days
after receipt of a final draft of proposed rules and regulations
recommended by a groundwater management district, the department,
commission or other agency shall: (1) Approve or reject the proposed
rules and regulations for adoption; and (2) either initiate procedures
pursuant to the rules and regulations filing act to adopt the approved
proposed rules and regulations or return the rejected proposed rules and
regulations, together with written reasons for the rejection, to the
groundwater management district. Proposed rules and regulations
recommended to the department, commission or other agency shall be of no
force and effect unless and until adopted by the department, commission
or other such agency. All such rules and regulations adopted shall be
effective only within a specified district;
(q) enforce by
suitable action, administrative or otherwise, rules and regulations
adopted as provided by subsection (o) or (p);
(r) enter upon
private property within the district for inspection purposes, to
determine conformance of the use of water with established rules and
regulations, including measurements of flow, depth of water, water
wastage and for such other purposes as are necessary and not
inconsistent with the purposes of this act;
(s) select a
residence or home office for the groundwater management district which
shall be at a place in a county in which the district or any part
thereof is located and may be either within or without the boundaries of
the district. The board shall designate the county in which the
residence or home office is located as the official county for the
filing of all official acts and assessments;
(t) seek and
accept grants or other financial assistance that the federal government
and other public or private sources shall make available and to utilize
the same to carry out the purposes and functions of the district; and
(u) recommend
to the chief engineer the initiation of proceedings for the designation
of a certain area within the district as an intensive groundwater use
control area. (History: L. 1972, ch. 386, ｧ 9; L. 1978, ch. 436, ｧ 2; L.
1978, ch. 437, ｧ 1; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1029. Management program; board
of directors' and chief engineer's functions and duties; hearings;
approval and adoption; periodic review.
Before undertaking active management of the district the board shall
prepare a management program. Upon completion of the management program
the board shall transmit a copy to the chief engineer with a request for
his or her approval. The chief engineer shall examine and study the
management program and, if he or she finds that it is compatible with
article 7 of chapter 82a of the Kansas Statutes Annotated, and all acts
amendatory thereof or supplemental thereto and any other state laws or
policies, he or she shall approve it and notify the board of his or her
action. When the management program is approved by the chief engineer,
the board shall fix a time and place either within or conveniently near
the district for a public hearing upon the management program. A notice
of the hearing shall be given by one publication in a newspaper or
newspapers of general circulation within the district, at least
twenty-eight (28) days prior to the date fixed for the hearing, setting
forth the time and place of the hearing. The notice shall state that a
copy of the management program is available for public inspection in the
office of the secretary of the district. Any person desiring to be heard
in the matter must file, in duplicate, with the board at its office at
least five (5) days before the date of the hearing a written statement
of his or her intent to appear at the hearing and the substance of the
testimony he or she wishes to present. Upon receipt of any such
statements, the board shall immediately transmit one copy of the
statements to the chief engineer. The chief engineer or his or her duly
appointed representative shall attend the hearing. At the hearing any
person who has duly filed his or her written statement shall be heard
and may present information in support of his or her position in the
matter. After hearing and considering all relevant testimony and
information, the board shall by resolution adopt, modify, or reject the
management program. The board shall then notify the chief engineer of
its action. If it is determined that the management program should be
modified, any proposed changes approved by the board shall be
incorporated in a modified management program which shall be submitted
to the chief engineer for further consideration. The chief engineer
shall review the modified management program and shall transmit a
supplemental written report of the results of his or her study and
investigation to the board, including his or her written approval or
disapproval of the modified management program. If the modified
management program is approved by the chief engineer, the board shall by
resolution adopt it as the official management program of the district
and notify the chief engineer of its action. The board shall
periodically and at least once each year review the officially adopted
management program. Following that review, they shall either reaffirm
its adoption or propose that it be revised. If it is proposed that the
management program be revised, the board shall follow the same procedure
towards adoption of a revised management program as is prescribed above
for the preparation, approval, and adoption of the original management
program. (History: L. 1972, ch. 386, ｧ 10; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1030. Water user charges; annual
assessment per acre against landowners; budget; collection by county
officers; annual audit; no-fund warrants; limitation; protest petition;
redemption of warrants.
(a) In order to finance the operations of the district, the board may
assess an annual water user charge against every person who withdraws
groundwater from within the boundaries of the district. The board shall
base such charge upon the amount of groundwater allocated for such
person's use pursuant to such person's water right. Such charge shall
not exceed $1 for each acre-foot (325,851 gallons) of groundwater
withdrawn within the district or allocated by the water right, except
that a groundwater management district may assess a greater annual water
user charge not exceeding $1.50 for each acrefoot of groundwater
withdrawn within the district if more than 50% of the authorized place
of use for such groundwater is outside the district. Whenever a person
shows by the submission to the board of a verified claim and any
supportive data which may be required by the board that his or her
actual annual groundwater withdrawal is in a lesser amount than that
allocated by the water right of such person, the board shall assess such
annual charge against such person on the amount of water shown to be
withdrawn by the verified claim. Any such claim shall be submitted by
April 1 of the year in which such annual charge is to be assessed. The
board may also make an annual assessment against each landowner of not
to exceed five cents (5) for each acre of land owned within the
boundaries of the district. Special assessments may also be levied, as
provided hereafter, against land specially benefited by a capital
improvement without regard to the limits prescribed above.
(b) Before any
assessment is made, or user charge imposed, the board shall submit the
proposed budget for the ensuing year to the eligible voters of the
district at a hearing called for that purpose by one (1) publication in
a newspaper or newspapers of general circulation within the district at
least twenty-eight (28) days prior to the meeting. Following the
hearing, the board shall, by resolution, adopt either the proposed
budget or a modified budget and determine the amount of land assessment
or user charge, or both, needed to support such budget.
(c) Both the
user charges assessed for groundwater withdrawn and the assessments
against lands within the district shall be certified to the proper
county clerks and collected the same as other taxes in accordance with
K.S.A. 79-1801, and acts amendatory thereof or supplemental thereto, and
the amount thereof shall attach to the real property involved as a lien
in accordance with K.S.A. 79-1804, and acts amendatory thereof or
supplemental thereto. All moneys so collected shall be remitted by the
county treasurer to the treasurer of the groundwater management district
who shall deposit them to the credit of the general fund of the
district. The accounts of each groundwater management district shall be
audited annually by a public accountant or certified public accountant.
(d) Subsequent
to the certification of approval of the organization of a district by
the secretary of state and the election of a board of directors for such
district, such board shall be authorized to issue no-fund warrants in
amounts sufficient to meet the operating expenses of the district until
money therefor becomes available pursuant to user charges or assessments
under subsection (a). In no case shall the amount of any such issuance
be in excess of twenty percent (20%) of the total amount of money
receivable from assessments which could be levied in any one year as
provided in subsection (a). No such warrants shall be issued until a
resolution authorizing the same shall have been adopted by the board and
published once in a newspaper having a general circulation in each
county within the boundaries of the district. Whereupon such warrants
may be issued unless a petition in opposition to the same, signed by not
less than ten percent (10%) of the eligible voters of such district and
in no case by less than twenty (20) of the eligible voters of such
district, is filed with the county clerk of each of the counties in such
district within ten (10) days following such publication. In the event
such a petition is filed, it shall be the duty of the board of such
district to submit the question to the eligible voters at an election
called for such purpose. Such election shall be noticed and conducted as
provided by K.S.A. 82a-1031.
Whenever
no-fund warrants are issued under the authority of this subsection, the
board of directors of such district shall make an assessment each year
for three (3) years in approximately equal installments for the purpose
of paying such warrants and the interest thereon. All such assessments
shall be in addition to all other assessments authorized or limited by
law. Such warrants shall be issued, registered, redeemed and bear
interest in the manner and in the form prescribed by K.S.A. 79-2940,
except they shall not bear the notation required by said statute and may
be issued without the approval of the state board of tax appeals. Any
surplus existing after the redemption of such warrants shall be handled
in the manner prescribed by K.S.A. 79-2940. (History: L. 1972, ch. 386,
ｧ 11; L. 1976, ch. 440, ｧ 1; L. 1978, ch. 436, ｧ 3; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1031. General improvement bonds;
special assessment improvement bonds; combination improvement bonds;
elections for approval of issuance of bonds.
(a) If the board by resolution provides that all or any part of the
capital cost of works of improvement within the district is to be paid
by the issuance of general improvement bonds of the entire district, it
shall be the duty of the board to submit the question of approval of the
bond issue to the eligible voters of the district. Notice of the time,
place and purpose for which the election is to be held shall be given by
one publication in a newspaper or newspapers of general distribution
within the district at least twenty-eight (28) days prior to the date
fixed for the election. Except as hereinbefore provided, the election
shall be held and conducted by the board in the manner prescribed for
conducting and holding the election for the organization of the
district.
(b) If the board
by resolution provides that all or any part of the capital cost of works
of improvement is to be paid by the issuance of improvement bonds to be
funded by special assessment against the lands specially benefited by a
project, the board shall proceed to determine the particular lands
within the district upon which special assessments are to be levied and
it shall be the duty of the board to submit the question of approval of
the bond issue to an election of the owners of those lands. Notice of
the time and place and the purpose for which the election is to be held
shall be given by one publication in a newspaper or newspapers of
general circulation within the district at least twenty-eight (28) days
prior to the date of the election. Except as hereinbefore provided, the
election shall be held and conducted in the manner prescribed in
subsection (a) of this section. If it is proposed to issue improvement
bonds to be paid partially by the entire district and partially by lands
specially benefited, it shall be the duty of the board of directors to
submit each question for approval separately. (History: L. 1972, ch.
386, ｧ 12; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1032. Works paid from special
assessments; determination of benefits and assessments; levy of
assessments; collections by county officers; bonds for not to exceed 20
year term. If a
resolution of the board provides that all or any part of the cost of the
works contemplated is to be paid by special assessment against lands
specially benefited by a project, the board shall appoint three (3)
disinterested appraisers who shall recommend apportionment of the
special assessment to the tracts of land subject to the special
assessment. The appraisers shall have access to all available
engineering reports and data pertaining to the works contemplated and
may request additional engineering data or counsel necessary to carry
out their duties. The appraisers shall take an oath to appraise fairly
and impartially the benefits accruing to each tract of land and shall
recommend the apportionment of assessment according to the relative
benefits to be received by the several tracts of land subject to
assessment. They shall make a written report of their findings to the
board. Upon receiving the report, the board shall prepare a resolution
which shall contain a list of the tracts of land found to be specially
benefited and the amount of assessment to be levied against each tract.
No assessment so specified against any tract of land shall exceed the
estimated benefits to the land by the project. Each tract of land shall
be legally described and the name of its owner or owners shall be set
forth beside the description of each tract listed. After adopting the
resolution, the board shall fix a time and place for hearing any
complaint that may be made as to the estimated benefit to any tract of
land appraised and a notice of the hearing shall be given by the board
by one publication in a newspaper or newspapers of general circulation
within the district at least ten (10) days prior to the date set for the
hearing. The board at the hearing may alter the estimated benefit to any
tract of land if, in its judgment, the benefit has been appraised too
high or too low. The board shall immediately thereafter pass a
resolution fixing the benefit to be assigned to each tract of land and
providing for the benefit assessment thereof, which sum may be spread
equally over a period of not to exceed twenty (20) years. The board
shall immediately thereafter mail a written notice of the assessment to
the owner or owners of each tract of land. The notice shall state that
if the assessment is not paid in full within thirty (30) days from the
date of notice, bonds will be issued and an assessment will be levied
annually against the tract of land for a period of not to exceed twenty
(20) years in an amount sufficient to pay the total assessment plus the
interest due on the bonds. No action to set aside the assessment shall
be maintained unless commenced within ninety (90) days from the date of
the notice. The amount assessed against each tract of ground to pay for
the special assessment bonds falling due each year and the interest
thereon shall be levied, certified to the proper county clerk, and
collected the same as other taxes. (History: L. 1972, ch. 386, ｧ 13;
July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1033. Extension or reduction of
district territory by chief engineer, upon petition; hearing; filing of
order.
(a) The chief engineer shall have the power, upon proper petition being
presented by the board for that purpose, to extend or reduce the
territory of any groundwater management district organized and
incorporated under the provisions of this act. The petition to extend or
reduce the territory of any groundwater management district shall be
addressed to the chief engineer and shall:
(1) Describe the
territory to be annexed or removed by township, range and section
numbers and fraction thereof and other platted areas as appropriate.
(2) Have a map
attached thereto as an exhibit, and incorporated therein by reference,
showing the district and the lands proposed to be annexed or removed.
(3) Show that
the proposed extension or reduction of territory has been recommended by
the district concerned by resolution duly adopted by its board.
(b) The chief
engineer shall fix a time for a hearing upon the petition and the
district shall give notice thereof for three (3) consecutive weeks in a
newspaper or newspapers of general circulation within the district, the
first publication to be at least twenty-eight (28) days before the day
fixed for the hearing. The notice shall state the name and general
location of the district and describe the lands proposed to be annexed
or removed. It shall state that a hearing will be held on whether the
petition of the district should be approved. It shall state the day,
hour, and place of the hearing, which shall be at a suitable location,
and that all persons may appear before the chief engineer at the hearing
and be heard. If, after the hearing, the chief engineer finds that the
area proposed to be annexed or removed meets other requirements as
prescribed for the organization of a district, he or she shall approve
the petition and fix the time when the annexation or reduction of
territory shall become effective. A certified copy of his or her order
approving the petition shall be sent to the board of directors and to
the secretary of state. The board of directors shall file a copy of the
order for record in the office of the register of deeds of each county
in which the district, as modified, or any part thereof lies. (History:
L. 1972, ch. 386, ｧ 14; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1034. District dissolution.
(a)
Whenever the board of a groundwater management district organized and
incorporated under the provisions of this act finds reasons for the
dissolution of the district, the board may, by resolution adopted by a
two-thirds vote of all members of the board at a special meeting of the
board called for that purpose, notice of which shall specify the purpose
for which the meeting is to be called, provide for the calling of an
election of the eligible voters of the district for the purpose of
determining whether the district shall be dissolved. The board shall
also provide for the calling of an election if written petitions
therefor, signed by twenty percent (20%) of the eligible voters of the
district, are filed with the secretary of the board. The election to
determine whether the district shall be dissolved shall be held and
conducted by the board in the same manner as provided for conducting the
election for the organization of the district insofar as those
provisions can be made applicable. If a majority of the votes cast are
in favor of dissolution of the district, the board shall immediately
certify the results of the election to the secretary of state who shall
thereupon issue and deliver to the secretary of the board a certificate
of dissolution.
(b) Upon receipt
from the secretary of state of the certificate of dissolution of a
groundwater management district under the provisions of this act, the
secretary of the board shall notify the board of the certification and
the board shall immediately pay all obligations of the district,
including all costs incurred by the district, the chief engineer and the
secretary of state in regard to the dissolution proceedings. The
treasurer of the board shall thereupon distribute all moneys in his or
her hands belonging to the district in the manner prescribed by this act
and immediately after making the distribution the treasurer shall notify
the secretary of the board of the distribution. Upon receipt of the
notification the secretary of the board shall have the certificate of
dissolution published once in a newspaper or newspapers of general
circulation within the district and proof of the publication shall be
filed in the office of the secretary of state. The effective date of the
dissolution, unless otherwise provided, shall be the date on which the
proof of publication is filed in the office of the secretary of state,
but in no event shall the date of dissolution be a date prior to the
date of publication of the certificate of dissolution. A certified copy
of the certified copy of the certificate of dissolution of the district
shall also be recorded in the office of the county clerk of each county
where any portion of the dissolved district was located.
(c) Any funds
or other assets of a groundwater management district which has been
dissolved under the provisions of this act shall be apportioned and paid
to the general fund of any county located within or partially within the
district in the proportion which the assessed valuation of the property
in the district located within the county bears to the total assessed
valuation of the district, based on equalized assessed valuations for
the preceding year. The treasurer of the district, upon notification of
receipt of the certificate of dissolution, shall immediately pay the
amounts due each county located within the district to the treasurer of
the county.
(d) The
secretary of the board of any groundwater management district which has
been dissolved under the provisions of this act shall file all minutes
and records of the district with the register of deeds of the county
where the designated office of the district was located. (History: L.
1972, ch. 386, ｧ 15, July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1035. Payment of expenses of
defeated proposed district organization.
If the organization of a proposed district is defeated at the election
or if the petition is disapproved by the secretary of state or the chief
engineer, the steering committee named in the petition shall continue to
function in a limited capacity for the purposes set out below. The
steering committee shall determine the amount of money necessary to pay
all of the costs and expenses incurred in the preparation and filing of
the petition and in the conduct of the election and shall themselves
assume the obligation for the first two hundred dollars ($200) of the
costs. If the cost is more than that amount they shall certify a
statement of the amount to the county clerk of each county in which the
proposed district was to be located. The county clerks shall ascertain
the total assessed valuation of all taxable tangible property in their
respective counties within the proposed district and certify this amount
to the county clerk of the county in which the chairman of the steering
committee of the proposed district resides. The county clerk shall
determine the levy necessary to be assessed against the taxable tangible
property in the entire proposed district in order to raise funds
sufficient to pay the amount set forth in the statement and shall
certify the levy to the county clerks of the other counties in which a
portion of the proposed district is located. Each of the county clerks
shall then cause the levy to be made against the taxable tangible
property lying within the boundaries of the proposed district within his
or her county. The county treasurers of the respective counties involved
shall remit the funds raised by the levy in their counties to the county
treasurer of the county in which the chairman of the steering committee
resides, who shall hold the funds and shall honor warrants drawn upon
the funds by the chairman of the steering committee and countersigned by
the secretary of the steering committee in payment of the costs and
expenses incurred in the proposed organization of the district and shown
on the statement of expenses. (History: L. 1972, ch. 386, ｧ 16; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1036. Initiation of proceedings
for designation of intensive groundwater use control area; duties of
chief engineer; findings.
Whenever a groundwater management district recommends the same or
whenever a petition signed by not less than three hundred (300) or by
not less than five percent (5%) of the eligible voters of a groundwater
management district, whichever is less, is submitted to the chief
engineer, the chief engineer shall initiate, as soon as practicable
thereafter, proceedings for the designation of a specifically defined
area within such district as an intensive groundwater use control area.
The chief engineer upon his or her own investigation may initiate such
proceedings whenever said chief engineer has reason to believe that any
one or more of the following conditions exist in a groundwater use area
which is located outside the boundaries of an existing groundwater
management district: (a) Groundwater levels in the area in question are
declining or have declined excessively; or (b) the rate of withdrawal of
groundwater within the area in question equals or exceeds the rate of
recharge in such area; or (c) preventable waste of water is occurring or
may occur within the area in question; (d) unreasonable deterioration of
the quality of water is occurring or may occur within the area in
question; or (e) other conditions exist within the area in question
which require regulation in the public interest. (History: L. 1978, ch.
437, ｧ 2; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1037. Same; hearings.
In any case where proceedings for the designation of an intensive
groundwater use control area are initiated, the chief engineer shall
hold and conduct a public hearing on the question of designating such an
area as an intensive groundwater use control area. Written notice of the
hearing shall be given to every person holding a water right in the area
in question and notice of the hearing shall be given by one publication
in a newspaper or newspapers of general circulation within the area in
question at least thirty (30) days prior to the date set for such
hearing. The notice shall state the question and shall denote the time
and place of the hearing. At the hearing, documentary and oral evidence
shall be taken, and a full and complete record of the same shall be
kept. History: L. 1978, ch. 437, ｧ 3; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1038. Designation of intensive
groundwater use control area; orders; review.
(a) In any case
where the chief engineer finds that any one or more of the circumstances
set forth in K.S.A. 82a-1036 and amendments thereto exist and that the
public interest requires that any one or more corrective controls be
adopted, the chief engineer shall designate, by order, the area in
question, or any part thereof, as an intensive groundwater use control
area.(b)
The order of the chief engineer shall define specifically the boundaries
of the intensive groundwater use control area and shall indicate the
circumstances upon which the findings of the chief engineer are made.
The order of the chief engineer may include any one or more of the
following corrective control provisions: (1) A provision closing the
intensive groundwater use control area to any further appropriation of
groundwater in which event the chief engineer shall thereafter refuse to
accept any application for a permit to appropriate groundwater located
within such area; (2) a provision determining the permissible total
withdrawal of groundwater in the intensive groundwater use control area
each day, month or year, and, insofar as may be reasonably done, the
chief engineer shall apportion such permissible total withdrawal among
the valid groundwater right holders in such area in accordance with the
relative dates of priority of such rights; (3) a provision reducing the
permissible withdrawal of groundwater by any one or more appropriators
thereof, or by wells in the intensive groundwater use control area; (4)
a provision requiring and specifying a system of rotation of groundwater
use in the intensive groundwater use control area; (5) any one or more
other provisions making such additional requirements as are necessary to
protect the public interest. The chief engineer is hereby authorized to
delegate the enforcement of any corrective control provisions ordered
for an intensive groundwater use control area to groundwater management
district number 4 or to any city, if such district or city is located
within or partially within the boundaries of such area.
(c) Except as
provided by subsection (d), the order of designation of an intensive
groundwater use control area shall be in full force and effect from the
date of its entry in the records of the chief engineer's office unless
and until its operation shall be stayed by an appeal from an order
entered on review of the chief engineer's order pursuant to K.S.A. 1999
Supp. 82a-1901 and amendments thereto in accordance with the provisions
of the act for judicial review and civil enforcement of agency actions.
The chief engineer upon request shall deliver a copy of such order to
any interested person who is affected by such order, and shall file a
copy of the same with the register of deeds of any county within which
such designated control area lies.
(d) If the
holder of a groundwater right within the area designated as an intensive
groundwater use control area applies for review of the order of
designation pursuant to K.S.A. 1999 Supp. 82a-1901 and amendments
thereto, the provisions of the order with respect to the inclusion of
the holder's right within the area may be stayed in accordance with the
Kansas administrative procedure act. (History: L. 1978, ch. 437, ｧ 4; L.
1984, ch. 338, ｧ 31; L. 1990, ch. 363, ｧ 1; L. 1999, ch. 130, ｧ 9; July
1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1039. No limitation of authority
of chief engineer.
Nothing in this act shall be construed as limiting or affecting any duty
or power of the chief engineer granted pursuant to the Kansas water
appropriation act. (History: L. 1978, ch. 437, ｧ 5; July 1.) |
|
^
Back to Top ^
|
K.S.A. 82a-1040. Act supplemental to K.S.A.
82a-1020 to 82a-1035.
The provisions of K.S.A. 82a-1036 to 82a-1039, inclusive, of this act
shall be part of and supplemental to the provisions of K.S.A. 82a-1020
to 82a-1035, inclusive, and acts amendatory thereof or supplemental
thereto. (History: L. 1978, ch. 437, ｧ 5; July 1.) |
Please note: Where this
document refers to the Kansas State Board of Agriculture, that reference
is now deemed to apply to the Kansas Department of Agriculture, pursuant
to K.S.A. 74-568 1996 Supp. Effective May 4, 1995 |
