Session of 1999
         
HOUSE BILL No. 2518
         
By Committee on Appropriations
          
2-17
          
  9             AN  ACT concerning appropriation of water for beneficial use; relating
10             to issuing certificates of appropriation; amending K.S.A. 82a-714 and
11             repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 82a-714 is hereby amended to read as follows: 82a-
15       714. (a) Upon the completion of the construction of the works and the
16       actual application of water to the proposed beneficial use within the time
17       allowed, the applicant shall notify the chief engineer to that effect. The
18       chief engineer or the chief engineer's duly authorized representative shall
19       then examine and inspect the appropriation diversion works and, if it is
20       determined that the appropriation diversion works have been completed
21       and the appropriation right perfected in conformity with the approved
22       application and plans, the chief engineer shall issue a certificate of ap-
23       propriation in duplicate. The original of such certificate shall be sent to
24       the owner and shall be recorded with the register of deeds in the county
25       or counties wherein the point of diversion is located, as are other instru-
26       ments affecting real estate, and the duplicate shall be made a matter of
27       record in the office of the chief engineer. It is the duty of the chief en-
28       gineer to certify an appropriation not later than one year after the date
29       of notification from the applicant of the completion of the construction of
30       the works and the actual application of water to the proposed beneficial
31       use within the time allowed. On and after the effective date of this act,
32       when the chief engineer receives a notice of the completion of the con-
33       struction of the works and the actual application of water to the proposed
34       beneficial use has occurred, the chief engineer shall give written notice to
35       the applicant, within 30 days of receipt of the notice from the applicant,
36       of the existence of any reason why the certificate of appropriation should
37       not be issued in accordance with the application and the plans. On and
38       after the effective date of this act, if the chief engineer does not give written
39       notice to the applicant, within 30 days of receipt of the notice from the
40       applicant, of a reason why the certificate of appropriation should not be
41       issued in accordance with the application and the plans, then the chief
42       engineer shall issue a certificate pursuant to this section.
43             (b) If an applicant has notified the chief engineer prior to the effective

HB 2518

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  1       date of this act that the completion of the construction of the works and
  2       the actual application of water to the proposed beneficial use has occurred
  3       within the time allowed, more than one year has elapsed since the chief
  4       engineer was notified, and a certificate of appropriation for the water
  5       right has not been issued, then a certificate of appropriation for the water
  6       right shall be deemed to have been issued as of July 1, 2000. On July 1,
  7       2000, if a certificate of appropriation for the water right is deemed to
  8       have been issued under this subsection, the chief engineer shall immedi-
  9       ately send to the applicant a certificate of appropriation in duplicate as
10       required under subsection (a). On or before September 1, 1999, the chief
11       engineer shall give written notice to each applicant, who notified the chief
12       engineer in accordance with this section prior to the effective date of this
13       act and who has a pending application under this section, of the existence
14       of any reason why the certificate of appropriation should not be issued
15       in accordance with the application and the plans. In any such case in
16       which the chief engineer does not give written notice to the applicant of
17       a reason why the certificate of appropriation should not be issued in
18       accordance with the application and the plans, then the chief engineer
19       shall issue a certificate pursuant to this section on or before September 1,
20       1999.
21             (b) (c) Except for works constructed to appropriate water for do-
22       mestic use, each notification to the chief engineer under subsection (a)
23       shall be accompanied by a field inspection fee of $200. Failure to pay the
24       field inspection fee, after reasonable notice by the chief engineer of such
25       failure, shall result in the permit to appropriate water being revoked,
26       forfeiture of the priority date and revocation of any appropriation right
27       that may exist. All fees collected by the chief engineer pursuant to this
28       section shall be remitted to the state treasurer as provided in K.S.A. 82a-
29       731 and amendments thereto.
30             (c) (d) A request for an extension of time to: (1) Complete the di-
31       version works; or (2) perfect the water right, shall be accompanied by a
32       fee of $50.
33             (d) (e) A request to reinstate a water right or a permit to appropriate
34       water which has been dismissed shall be filed with the chief engineer
35       within 60 days of the date dismissed and shall be accompanied by a fee
36       of $100. 
37       Sec.  2. K.S.A. 82a-714 is hereby repealed.
38        Sec.  3. This act shall take effect and be in force from and after its
39       publication in the statute book.