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| KBIA Legislation Information |
| Bill Status |
| Apr, 07 2006 back |
Water Bill Reports
Conservation Reserve Enhancement Program (CREP)
Although there is no specific legislation to date on the possibility of entering into a CREP agreement with the federal government, it has undoubtedly been the hot topic in terms of water issues this session. CREP is an enhanced version of the existing CRP program which allows each individual state to form a partnership with USDA’s Farm Service Agency to provide incentive payments to landowners for installing specific conservation practices. The Governor’s budget included $5,000,000 ($4M in the State Conservation Commission & $1M in the Kansas Water Office) for the Kansas portion of the CREP agreement. The amount of federal matching funds would be determined during negotiations with USDA. For additional information on CREP you can visit the Farm Service Agency website at: http://www.fsa.usda.gov/dafp/cepd/crep.htm
Water TAP – HB 2710
HB 2710, the Water Transition Assistance Program, will allow the State Conservation Commission (SCC) to enter into contracts with willing landowners that will result in the permanent retirement of water rights. The Division of Water Resources (DWR) and the Groundwater Management Districts (GMDs) will designate target or high priority areas in which the Water TAP program may be implemented. This program would allow for dry land cropping and would also allow for the land to be irrigated again, if this use could be lawfully allowed by another water right or permit pursuant to DWR regulations. The payment for the water right will be based on “historic consumptive use” as defined in the bill.
HB 2710 has passed both houses, the conference committee has concurred and both houses are currently considering the conference report.
Dam Safety – SB 524, SB 540 & HB 2867
SB 524 would change existing law (KSA 82a-303) to prevent the DWR from changing the size or hazard class of an existing dam as a result of downstream development or construction. Also, in the event that a dam had previously been re-classified it would restore the classification as of the date of construction or most recent voluntary structural modification. In addition, SB 524 would prevent the DWR from requiring the correction of violations of a dam if the only lives or property endangered by the dam are that of the dam owner/operator or their immediate family.
SB 524 received a hearing in Senate Natural Resources on 2/16/06
SB 540 would require that breach inundation maps be filed with each new application for a dam. In addition, it would require the owners of existing dams to create and file a breach inundation map pertaining to the existing dam if such a map was not included with the original application.
SB 540 received a hearing in Senate Natural Resources on 2/16/06
HB 2867 is somewhat of a combination of SB 524 and SB 540. It would require DWR to pay for all dam inspections and creation of breach inundation maps. In addition, it would not require dam owners to correct violations if the only life/property affected was that of the dam owner and immediate family, but would require the owner to provide a waiver of liability. The House Environment Committee struck language that prevented DWR from reclassifying dams due to downstream development or construction. The House Committee of the Whole added a number of amendments, most notably language that requires the dam inspection, breach inundation maps and waiver be filed with the land title.
HB 2867 passed the House and received a hearing in Senate Natural Resources on 3/16/06
Water Supply Storage Assurance Fund – SB 503
The Water Supply Storage Assurance Fund was established by legislative act in 1986. However, it was inadvertently abolished in 1998. SB 503 would reestablish the fund in the Kansas Water Office. This bill would allow for expenditures from this fund for the purpose of:
Payment to the federal government for the annual capital costs of water storage in federal reservoirs;
Payment and reimbursement to the Water Marketing Fund, State General Fund or the State Water Plan Fund for water supply storage space for which payment was previously paid;
Payment to the federal government for annual operations, maintenance and repair costs association with water supply storage space; and
Payment and reimbursement to the Water Marketing Fund and the State General Fund for costs incurred by the state for the administration of the Water Assurance Program.
SB 503 passed the Senate, passed out of House Appropriations and is currently on General Orders in the House
Kansas Public Water Supply Loan Fund – HB 2949
HB 2949 would permit the Kansas Development Finance Authority (KDFA) and the Kansas Department of Health and Environment (KDHE) to pledge the combined assets of the Water Supply Loan Fund and the Water Pollution Control Revolving Fund for securing and paying the principal and interest on bond issues. Senate Ways & Means amended the text of HB 2956 into this bill. HB 2956 was the companion bill dealing specifically with the Water Pollution Control Revolving Fund.
HB 2949 passed the House and Senate and is currently in conference committee |
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