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Session of 2000
          HOUSE BILL No. 3031           By Committee on Federal and State Affairs           3-13          

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10             AN  ACT concerning disposition and use of moneys recovered by the
11             state in certain litigation; establishing the Ogallala preservation fund
12             and the Equus beds preservation fund.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. (a) Amounts recovered by the state of Kansas from any
16       settlement, judgment or decree in the litigation brought by the state of
17       Kansas against the state of Nebraska to resolve disputes arising under the
18       Republican river compact shall be deposited in the state treasury and
19       credited as follows:
20             (1) Until the aggregate amount of moneys credited to the interstate
21       water litigation fund equals the aggregate of all amounts certified by the
22       attorney general under subsection (b), 100% shall be credited to the in-
23       terstate water litigation fund established by K.S.A. 82a-1801, and amend-
24       ments thereto.
25             (2) When the aggregate amount of moneys credited to the interstate
26       water litigation fund equals the aggregate of all amounts certified by the
27       attorney general under subsection (b), 331/3% shall be credited to the
28       Ogallala preservation fund, 331/3% shall be credited to the Equus beds
29       preservation fund and 331/3% shall be credited to the abandoned oil and
30       gas well fund established by K.S.A. 1999 Supp. 55-192, and amendments
31       thereto.
32             (b) The attorney general shall certify to the director of accounts and
33       reports any expenses incurred by the state in the litigation brought by the
34       state of Kansas against the state of Nebraska to resolve disputes arising
35       under the Republican river compact and in preparation for such litigation.
36             Sec.  2. (a) There is hereby established in the state treasury the Ogal-
37       lala preservation fund, to be administered by the Kansas water office.
38             (b) Revenue from the following sources shall be credited to the Ogal-
39       lala preservation fund:
40             (1) Amounts provided for by K.S.A. 82a-1801, and amendments
41       thereto; and
42             (2) moneys received from any source by the state in the form of gifts,
43       grants, reimbursements or appropriations for use for the purposes of the

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  1       fund.
  2             (c) Moneys credited to the Ogallala preservation fund may be ex-
  3       pended only for the purpose of paying all or a portion of the costs of
  4       projects, approved pursuant to subsection (d), that conserve the waters
  5       of and enhance the quality of water in the Ogallala aquifer.
  6             (d) Any person or entity may apply to the director of the Kansas water
  7       office for the expenditure of moneys in the Ogallala preservation fund
  8       for a project that would carry out the purposes provided by this section.
  9       The director of the Kansas water office, the chief engineer of the division
10       of water resources of the department of agriculture, the director of the
11       division of environment of the department of health and environment
12       and the board of directors of the groundwater management district, if
13       any, where the project would be located shall review and approve each
14       proposed project for which moneys in the fund will be expended. In
15       reviewing and approving proposed projects, priority shall be given to: (1)
16       Projects that achieve the greatest water conservation efficiency or water
17       quality enhancement for the general good; and (2) projects that have been
18       required by the division of water resources or the department of health
19       and environment. Upon such review and approval, the director of the
20       Kansas water office shall request the legislature to appropriate, as a line
21       item, moneys from the fund to pay all or a portion of the costs of the
22       specific project, except that any project for which an aggregate of less
23       than $10,000 will be expended from the fund shall not require a line-item
24       appropriation.
25             (e) Interest attributable to moneys in the Ogallala preservation fund
26       shall be credited to the state general fund as provided by K.S.A. 75-4210a,
27       and amendments thereto.
28             (f) All expenditures from the Ogallala preservation fund shall be
29       made in accordance with appropriation acts upon warrants of the director
30       of accounts and reports issued pursuant to vouchers approved by the
31       director of the Kansas water office or a person designated by the director.
32             Sec.  3. (a) There is hereby established in the state treasury the Equus
33       beds preservation fund, to be administered by the Kansas water office.
34             (b) Revenue from the following sources shall be credited to the
35       Equus beds preservation fund:
36             (1) Amounts provided for by K.S.A. 82a-1801, and amendments
37       thereto; and
38             (2) moneys received from any source by the state in the form of gifts,
39       grants, reimbursements or appropriations for use for the purposes of the
40       fund.
41             (c) Moneys credited to the Equus beds preservation fund may be
42       expended only for the purpose of paying all or a portion of the costs of
43       projects approved pursuant to subsection (d), that conserve the waters of

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  1       and enhance the quality of water in the Equus beds aquifer.
  2             (d) Any person or entity may apply to the director of the Kansas water
  3       office for the expenditure of moneys in the Equus beds preservation fund
  4       for a project that would carry out the purposes provided by this section.
  5       The director of the Kansas water office, the chief engineer of the division
  6       of water resources of the department of agriculture, the director of the
  7       division of environment of the department of health and environment
  8       and the board of directors of the groundwater management district, if
  9       any, where the project would be located shall review and approve each
10       proposed project for which moneys in the fund will be expended. In
11       reviewing and approving proposed projects, priority shall be given to: (1)
12       Projects that achieve the greatest water conservation efficiency or water
13       quality enhancement for the general good; and (2) projects that have been
14       required by the division of water resources or the department of health
15       and environment. Upon such review and approval, the director of the
16       Kansas water office shall request the legislature to appropriate, as a line
17       item, moneys from the fund to pay all or a portion of the costs of the
18       specific project, except that any project for which an aggregate of less
19       than $10,000 will be expended from the fund shall not require a line-item
20       appropriation.
21             (e) Interest attributable to moneys in the Equus beds preservation
22       fund shall be credited to the state general fund as provided by K.S.A. 75-
23       4210a, and amendments thereto.
24             (f) All expenditures from the Equus beds preservation fund shall be
25       made in accordance with appropriation acts upon warrants of the director
26       of accounts and reports issued pursuant to vouchers approved by the
27       director of the Kansas water office or a person designated by the director.
28        Sec.  4. This act shall take effect and be in force from and after its
29       publication in the statute book.