Prohibiting the change of the point of diversion of a water right if such change causes the safe yield of the source of water supply to be exceeded.
Impact
The bill is expected to have significant implications for water management in Kansas, particularly for agricultural producers and users dependent on water from specific sources. By requiring a demonstration that changes will not harm existing rights or exceed safe yields, the bill introduces stricter oversight on water rights alterations. This could provide long-term benefits in achieving a balance between water supply and demand, but may also limit flexibility for current water right holders in making adjustments to their operations based on changing needs.
Summary
House Bill 2459 aims to amend the Kansas Water Appropriation Act by instituting a definition for 'safe yield' and prohibiting any changes to the point of diversion of water rights if such changes would exceed the safe yield of the water source. Essentially, this bill seeks to ensure sustainable water use in the state and protect water resources from over-extraction. A key feature of the bill is the stipulation that any application to change water use must be approved by the chief engineer of the Division of Water Resources, who will examine the proposed changes against existing water rights and the defined safe yield threshold.
Contention
Notably, there may be points of contention surrounding this bill, particularly from stakeholders who feel that it could hinder their ability to adapt to evolving agricultural practices or environmental conditions. Farmers who rely on changing water needs might argue that this bill adds unnecessary bureaucracy that could complicate their operations. Additionally, the definition of 'safe yield' and how it will be determined and enforced could be contentious, as it may vary based on differing assessments of water sources and local needs.
Requiring the Kansas department of agriculture to publish a map on the department's official website that shows the location of all applied for diversions of water, including requested changes in the point of diversion by more than 300 feet, and expanding the current individual notice requirement to apply to all landowners that are within half a mile of such applied for diversions or changes.
Creating the Kansas office of natural resources within the executive branch and transferring certain duties of the Kansas water office, and the department of agriculture, division of conservation and division of water resources to such office.
Providing additional requirements for applications to the water technical assistance fund and the water projects grant fund, including the requirement that applicants demonstrate the availability of a 25-year water supply, prohibiting grants for issues related to water rights that are impaired by another other water right, prioritizing applications based on various criteria and mandating annual submissions on September 15.
Establishing the state conservation fund and transferring $2,500,000 to such fund and providing for the enhanced transfer of moneys from the state general fund to the state water plan fund and from the state water plan fund to the water technical assistance fund and the water project grant fund.
Requiring water supply system and wastewater treatment facility operator certification examination fees to not exceed the costs for such exams and eliminating the certification of operators through correspondence courses.