Session of 1999
SENATE BILL No. 176
By Committee on Energy and Natural Resources
1-29
9 AN ACT concerning groundwater management districts; relating to cer-
10 tain charges and assessments; amending K.S.A. 82a-1030 and repealing
11 the existing section.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 82a-1030 is hereby amended to read as follows:
15 82a-1030. (a) (1) In order to finance the operations of the district a district
16 where the annual amount of groundwater withdrawn or allocated by wa-
17 ter right exceeds 750,000 acre-feet (one acre foot equaling 325,851 gal-
18 lons), the board may assess an annual water user charge against every
19 person who withdraws groundwater from within the boundaries of the
20 district. The board shall base such charge upon the amount of ground-
21 water allocated for such person's use pursuant to his or her such person's
22 water right. Such charge shall not exceed sixty cents (60) $.60 for each
23 acre-foot (325,851 gallons) of groundwater withdrawn within the district
24 or allocated by the water right. Whenever a person shows by the sub-
25 mission to the board of a verified claim and any supportive data which
26 may be required by the board that his or her the person's actual annual
27 groundwater withdrawal is in a lesser amount than that allocated by the
28 water right of such person, the board shall assess such annual charge
29 against such person on the amount of water shown to be withdrawn by
30 the verified claim. Any such claim shall be submitted by April 1 of the
31 year in which such annual charge is to be assessed. The board may also
32 (2) In order to finance the operations of a district where the annual
33 amount of groundwater withdrawn or allocated by water right is 750,000
34 acre-feet or less, the board may assess an annual water user charge against
35 every person who withdraws groundwater from within the boundaries of
36 the district. The board shall base such charge upon the amount of ground-
37 water allocated for such person's use pursuant to such person's water
38 right. Such charge shall not exceed $.98 for each acre-foot of groundwater
39 withdrawn within the district or allocated by the water right. Whenever
40 a person shows by the submission to the board of a verified claim and
41 any supportive data which may be required by the board that the person's
42 actual annual groundwater withdrawal is in a lesser amount than that
43 allocated by the water right of such person, the board shall assess such
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1 annual charge against such person on the amount of water shown to be
2 withdrawn by the verified claim. Any such claim shall be submitted by
3 April 1 of the year in which such annual charge is to be assessed.
4 (b) (1) In addition to the assessment authorized by subsection (a),
5 the board of a district that has an area or more than 1,500,000 acres may
6 make an annual assessment against each landowner of not to exceed five
7 cents (5) $.05 for each acre of land owned within the boundaries of the
8 district.
9 (2) In addition to the assessment authorized by subsection (a), the
10 board of a district that has an area of 1,500,000 acres or less may make
11 an annual assessment against each landowner of not to exceed $.08 for
12 each acre of land owned within the boundaries of the district.
13 (c) Special assessments may also be levied, as provided hereafter,
14 against land specially benefited benefitted by a capital improvement with-
15 out regard to the limits prescribed above by subsections (a) and (b).
16 (b) (d) Before any assessment is made, or user charge imposed, the
17 board shall submit the proposed budget for the ensuing year to the eli-
18 gible voters of the district at a hearing called for that purpose by one (1)
19 publication in a newspaper or newspapers of general circulation within
20 the district at least twenty-eight (28) 28 days prior to the meeting. Fol-
21 lowing the hearing, the board shall, by resolution, adopt either the pro-
22 posed budget or a modified budget and determine the amount of land
23 assessment or user charge, or both, needed to support such budget.
24 (c) (e) Both the user charges assessed for groundwater withdrawn and
25 the assessments against lands within the district shall be certified to the
26 proper county clerks and collected the same as other taxes in accordance
27 with K.S.A. 79-1801, and acts amendatory thereof or supplemental
28 amendments thereto, and the amount thereof shall attach to the real prop-
29 erty involved as a lien in accordance with K.S.A. 79-1804, and acts amen-
30 datory thereof or supplemental amendments thereto. All moneys so col-
31 lected shall be remitted by the county treasurer to the treasurer of the
32 groundwater management district who shall deposit them to the credit of
33 the general fund of the district. The accounts of each groundwater man-
34 agement district shall be audited annually by a public accountant or cer-
35 tified public accountant.
36 (d) (f) Subsequent to the certification of approval of the organization
37 of a district by the secretary of state and the election of a board of direc-
38 tors for such district, such board shall be authorized to issue no-fund
39 warrants in amounts sufficient to meet the operating expenses of the
40 district until money therefor becomes available pursuant to user charges
41 or assessments under subsection (a) or (b). In no case shall the amount
42 of any such issuance be in excess of twenty percent (20%) 20% of the
43 total amount of money receivable from assessments which could be levied
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1 by the district in any one year as provided in subsection (a) subsections
2 (a) and (b). No such warrants shall be issued until a resolution authorizing
3 the same shall have issuance has been adopted by the board and published
4 once in a newspaper having a general circulation in each county within
5 the boundaries of the district. Whereupon Thereupon such warrants may
6 be issued unless a petition in opposition to the same issuance, signed by
7 not less than ten percent (10%) 10% of the eligible voters of such district
8 and in no case by less than twenty (20) 20 of the eligible voters of such
9 district, is filed with the county clerk of each of the counties in such
10 district within ten (10) 10 days following such publication. In the event
11 such a petition is filed, it shall be the duty of the board of such district
12 to submit the question to the eligible voters at an election called for such
13 purpose. Such election shall be noticed and conducted as provided by
14 K.S.A. 82a-1031 and amendments thereto.
15 Whenever no-fund warrants are issued under the authority of this sub-
16 section, the board of directors of such district shall make an assessment
17 each year for three (3) years in approximately equal installments for the
18 purpose of paying such warrants and the interest thereon. All such as-
19 sessments shall be in addition to all other assessments authorized or lim-
20 ited by law. Such warrants shall be issued, registered, redeemed and bear
21 interest in the manner and in the form prescribed by K.S.A. 79-2940 and
22 amendments thereto, except they shall not bear the notation required by
23 said that statute and may be issued without the approval of the state board
24 of tax appeals. Any surplus existing after the redemption of such warrants
25 shall be handled in the manner prescribed by K.S.A. 79-2940 and amend-
26 ments thereto.
27 Sec. 2. K.S.A. 82a-1030 is hereby repealed.
28 Sec. 3. This act shall take effect and be in force from and after its
29 publication in the Kansas register.