Session of 1999
         
House Substitute for Senate Bill No. 287
         
By Committee on Environment
         
3-24
         
  9             AN  ACT concerning water; relating to review of certain decisions of the
10             chief engineer of the division of water resources of the department of
11             agriculture; relating to issuance of certificates of appropriation; estab-
12             lishing the task force on water issues and providing for the powers and
13             duties thereof; amending K.S.A. 42-703, 42-722, 42-722a, 82a-708b,
14             82a-711, 82a-714, 82a-718, 82a-724 and 82a-1038 and repealing the
15             existing sections.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             Section  1. On and after July 1, 1999, K.S.A. 42-703 is hereby
19       amended to read as follows: 42-703. Upon receipt of the application of
20       the proposed irrigation district by the chief engineer, the chief engineer
21       shall cause to be published at applicant's expense, once each week for
22       three consecutive weeks, in a newspaper or newspapers of general cir-
23       culation in the vicinity of the watercourse or source of supply from which
24       water is sought for the land to be included in the proposed irrigation
25       district, a notice of hearing upon such application. The published notice
26       shall be directed to all persons concerned, without specifically naming
27       any person. Such notice shall contain among other matters a general de-
28       scription of boundaries of the district as proposed; the purpose of the
29       district as proposed; the source of the water supply sought for use and
30       the approximate point of diversion proposed; and the date and place of
31       hearing. Incorporated cities shall be excluded from such district. Any
32       person interested, at any time after first publication of such notice and
33       prior to the expiration of 60 days after the first publication of such notice,
34       may file in duplicate with the chief engineer, a verified written protest
35       against the approval of such application, stating therein all reasons relied
36       upon in objection thereto, which objections shall be duly considered by
37       the chief engineer.
38             A person who signs a petition and application for the organization and
39       incorporation of a proposed irrigation district shall be permitted to with-
40       draw such person's name as a signer only if the chief engineer determines
41       that the signature was obtained by fraud, undue influence or mutual mis-
42       take of fact. All applications for withdrawal of a signature from the petition
43       must be filed with the chief engineer, within 30 days after the first pub-

H Sub. for SB 287

2

  1       lication of the notice of hearing. The chief engineer may hear and deter-
  2       mine any such application for withdrawal of a signature in advance of the
  3       hearing for approval of the petition for establishment and organization of
  4       the proposed irrigation district.
  5             Any action of the chief engineer upon an application of a proposed
  6       irrigation district is subject to review in accordance with the provisions of
  7       section 10 and amendments thereto. Any action upon such review is sub-
  8       ject to review in accordance with the act for judicial review and civil
  9       enforcement of agency actions.
10             Sec.  2. On and after July 1, 1999, K.S.A. 42-722 is hereby amended
11       to read as follows: 42-722. Except as provided by K.S.A. 42-722a and
12       amendments thereto, whenever a petition signed by a majority of the
13       members of the board of directors of an irrigation district, or by a majority
14       of the qualified owners of irrigable land within a district as defined in
15       K.S.A. 42-701, and amendments thereto, organized or existing under pro-
16       visions of this act, is presented to the chief engineer praying for the dis-
17       solution of the district, and it shall appear from the petition that the
18       district has no real property; that the board of directors has not held a
19       meeting, other than those meetings held for the purpose of considering
20       any aspect of the election of members of the board of directors, for more
21       than one year prior to the date resulting in signing and presentation of
22       the petition; and that the district is not functioning, had ceased to function
23       and will probably continue inoperative and that all indebtedness and ob-
24       ligations of the district have been satisfied, the chief engineer, after such
25       finding, shall issue a certificate in duplicate, declaring the irrigation dis-
26       trict dissolved. The chief engineer shall forward the original of the cer-
27       tificate to the secretary of state and the duplicate to the secretary of the
28       board of directors of the irrigation district. The certificate shall: (a) Direct
29       the secretary of the district to file all minutes and records of the district
30       with the county clerk of the county wherein the registered office of the
31       irrigation district is located; (b) direct the officer of such district having
32       custody of any personal property other than moneys to make such dis-
33       position as the chief engineer deems proper; and (c) direct the treasurer
34       of such district to transfer to the county treasurers of the counties within
35       such district, moneys held in the name of the district, to be distributed
36       by such treasurer in proportion to the number of acres of each county
37       within the district. The county treasurer shall deposit such moneys into
38       the county general fund. The irrigation district shall be dissolved and
39       cease to exist upon expiration of 30 days after the date of the issuance of
40       such certificate, or upon expiration of 30 days after a final order pursuant
41       to section 10 and amendments thereto or a final judicial determination
42       affirming the findings of the chief engineer, as set out in the certificate,
43       in event that an appeal is taken to the court therefrom.

H Sub. for SB 287

3

  1             Sec.  3. On and after July 1, 1999, K.S.A. 42-722a is hereby amended
  2       to read as follows: 42-722a. The board of directors of Cedar Bluff irri-
  3       gation district No. 6 may present a petition, adopted by a majority of the
  4       directors, to the chief engineer requesting the dissolution of such district.
  5       The petition shall state the district has no real property; and that the
  6       district is not functioning, had ceased to function and probably will con-
  7       tinue inoperative; and that all indebtedness and obligations of the district
  8       have been satisfied. Upon finding that the petition is true, the chief en-
  9       gineer shall issue a certificate in duplicate, declaring the irrigation district
10       dissolved, and shall forward the original of the certificate to the secretary
11       of state and the duplicate to the secretary of the board of directors of the
12       irrigation district. The certificate shall: (a) Direct the secretary of the
13       district to file all minutes and records of the district with the county clerk
14       of the county wherein the registered office of the irrigation district is
15       located; (b) direct the officer of such district having custody of any per-
16       sonal property other than moneys to make such disposition as the chief
17       engineer deems proper; and (c) direct the treasurer of such district to
18       distribute moneys held in the name of the district to the owners of prop-
19       erty within the irrigation district. Such moneys shall be apportioned to
20       each property owner in the district in the same proportion that the num-
21       ber of irrigable acres owned by a property owner, and located in such
22       district, bears to the total number of irrigable acres in the district. The
23       irrigation district shall be dissolved and cease to exist upon expiration of
24       30 days after the date of the issuance of such certificate, or upon expi-
25       ration of 30 days after a final order pursuant to section 10 and amend-
26       ments thereto or final judicial determination affirming the findings of the
27       chief engineer, as set out in the certificate, in event that an appeal is taken
28       to the court therefrom.
29             Sec.  4. On and after July 1, 1999, K.S.A. 82a-708b is hereby
30       amended to read as follows: 82a-708b. (a) Any owner of a water right may
31       change the place of use, the point of diversion or the use made of the
32       water, without losing priority of right, provided such owner shall: (1) Ap-
33       ply in writing to the chief engineer for approval of any proposed change;
34       (2) demonstrate to the chief engineer that any proposed change is rea-
35       sonable and will not impair existing rights; (3) demonstrate to the chief
36       engineer that any proposed change relates to the same local source of
37       supply as that to which the water right relates; and (4) receive the approval
38       of the chief engineer with respect to any proposed change. The chief
39       engineer shall approve or reject the application for change in accordance
40       with the provisions and procedures prescribed for processing original ap-
41       plications for permission to appropriate water. If the chief engineer dis-
42       approves the application for change, the rights, priorities and duties of
43       the applicant shall remain unchanged. Any person aggrieved by an order

H Sub. for SB 287

4

  1       or decision by the chief engineer relating to an application for change
  2       may appeal to the district court in the manner prescribed by K.S.A. 82a-
  3       724 and amendments thereto petition for review thereof in accordance
  4       with the provisions of section 10 and amendments thereto.
  5             (b) Each application to change the place of use, the point of diversion
  6       or the use made of the water under this section shall be accompanied by
  7       the application fee set forth in the schedule below:
8       (1) Application to change a point of diversion 300 feet or less $50
9       (2) Application to change a point of diversion more than 300 feet 100
10       (3) Application to change the place of use 100
11       (4) Application to change the use made of the water 150
12       Any application submitted which requests two of the types of changes set
13       forth above shall be accompanied by a fee of $150. Any application which
14       requests three types of changes shall be accompanied by a fee of $250.
15             (c) All fees collected by the chief engineer pursuant to this section
16       shall be remitted to the state treasurer as provided in K.S.A. 82a-731 and
17       amendments thereto.
18             Sec.  5. On and after July 1, 1999, K.S.A. 82a-711 is hereby amended
19       to read as follows: 82a-711. (a) If a proposed use neither impairs a use
20       under an existing water right nor prejudicially and unreasonably affects
21       the public interest, the chief engineer shall approve all applications for
22       such use made in good faith in proper form which contemplate the util-
23       ization of water for beneficial purpose, within reasonable limitations ex-
24       cept that the chief engineer shall not approve any application submitted
25       for the proposed use of fresh water in any case where other waters are
26       available for such proposed use and the use thereof is technologically and
27       economically feasible. Otherwise, the chief engineer shall make an order
28       rejecting such application or requiring its modification to conform to the
29       public interest to the end that the highest public benefit and maximum
30       economical development may result from the use of such water.
31             (b) In ascertaining whether a proposed use will prejudicially and
32       unreasonably affect the public interest, the chief engineer shall take into
33       consideration:
34             (1) Established minimum desirable streamflow requirements;
35             (2) the area, safe yield and recharge rate of the appropriate water
36       supply;
37             (3) the priority of existing claims of all persons to use the water of
38       the appropriate water supply;
39             (4) the amount of each claim to use water from the appropriate water
40       supply; and
41             (5) all other matters pertaining to such question.
42             (c) With regard to whether a proposed use will impair a use under
43       an existing water right, impairment shall include the unreasonable raising

H Sub. for SB 287

5

  1       or lowering of the static water level or the unreasonable increase or de-
  2       crease of the streamflow or the unreasonable deterioration of the water
  3       quality at the water user's point of diversion beyond a reasonable eco-
  4       nomic limit. Any person aggrieved by any order or decision by the chief
  5       engineer relating to that person's application for a permit to appropriate
  6       water may appeal to the district court in the manner prescribed by K.S.A.
  7       82a-724, and amendments thereto petition for review thereof in accord-
  8       ance with the provisions of section 10 and amendments thereto.
  9             Sec.  6. On and after July 1, 1999, K.S.A. 82a-714 is hereby amended
10       to read as follows: 82a-714. (a) Upon the completion of the construction
11       of the works and the actual application of water to the proposed beneficial
12       use within the time allowed, the applicant shall notify the chief engineer
13       to that effect. The chief engineer or the chief engineer's duly authorized
14       representative shall then examine and inspect the appropriation diversion
15       works and, if it is determined that the appropriation diversion works have
16       been completed and the appropriation right perfected in conformity with
17       the approved application and plans, the chief engineer shall issue a cer-
18       tificate of appropriation in duplicate. The original of such certificate shall
19       be sent to the owner and shall be recorded with the register of deeds in
20       the county or counties wherein the point of diversion is located, as are
21       other instruments affecting real estate, and the duplicate shall be made
22       a matter of record in the office of the chief engineer.
23             (b) Not later than 60 days before the expiration of the time allowed
24       in the permit to complete the construction of the appropriation diversion
25       works or the time allowed in the permit to actually apply water to the
26       proposed beneficial use, the chief engineer shall notify the permit holder
27       by certified mail that any request for extension of such time must be filed
28       with the chief engineer before the expiration of the time allowed in the
29       permit.
30             (c) Unless the applicant requests an extension or the certificate has
31       not been issued due to the applicant's failure to comply with reasonable
32       requests for information or to allow the opportunity to examine and in-
33       spect the appropriation diversion works, as necessary for certification, the
34       chief engineer shall certify an appropriation:
35             (1) Before July 1, 2004, if the time allowed in the permit to perfect
36       the water right expired before July 1, 1999; or
37             (2) not later than five years after the date the applicant notifies the
38       chief engineer of the completion of construction of the works and the
39       actual application of water to the proposed beneficial use, in all other
40       cases.
41             If the chief engineer fails to issue a certificate within the time provided
42       by this subsection, the applicant may request review, pursuant to section
43       10 and amendments thereto, of the chief engineer's failure to act.

H Sub. for SB 287

6

  1             (b) (d) Except for works constructed to appropriate water for do-
  2       mestic use, each notification to the chief engineer under subsection (a)
  3       shall be accompanied by a field inspection fee of $200. Failure to pay the
  4       field inspection fee, after reasonable notice by the chief engineer of such
  5       failure, shall result in the permit to appropriate water being revoked,
  6       forfeiture of the priority date and revocation of any appropriation right
  7       that may exist. All fees collected by the chief engineer pursuant to this
  8       section shall be remitted to the state treasurer as provided in K.S.A. 82a-
  9       731 and amendments thereto.
10             (c) (e) A request for an extension of time to: (1) Complete the di-
11       version works; or (2) perfect the water right, shall be accompanied by a
12       fee of $50.
13             (d) (f) A request to reinstate a water right or a permit to appropriate
14       water which has been dismissed shall be filed with the chief engineer
15       within 60 days of the date dismissed and shall be accompanied by a fee
16       of $100.
17             Sec.  7. On and after July 1, 1999, K.S.A. 82a-718 is hereby amended
18       to read as follows: 82a-718. All appropriations of water must be for some
19       beneficial purpose. Every water right of every kind shall be deemed aban-
20       doned and shall terminate when without due and sufficient cause no
21       lawful, beneficial use is henceforth made of water under such right for
22       three successive years. Before any water right shall be declared aban-
23       doned and terminated the chief engineer shall conduct a hearing thereon
24       in accordance with the provisions of the Kansas administrative procedure
25       act. Notice shall be served on the user at least 30 days before the date of
26       the hearing. The determination of the chief engineer pursuant to this
27       section shall be subject to review in accordance with the provisions of
28       section 10 and amendments thereto.
29             The verified report of the chief engineer or such engineer's authorized
30       representative shall be prima facie evidence of the abandonment and
31       termination of any water right.
32             Sec.  8. On and after July 1, 1999, K.S.A. 82a-724 is hereby amended
33       to read as follows: 82a-724. Any order pursuant to section 10 and amend-
34       ments thereto upon review of any action of the chief engineer pursuant
35       to K.S.A. 82a-704a, 82a-708b, 82a-711 or 82a-718, and amendments
36       thereto, is subject to review in accordance with the act for judicial review
37       and civil enforcement of agency actions.
38             Sec.  9. On and after July 1, 1999, K.S.A. 82a-1038 is hereby
39       amended to read as follows: 82a-1038. (a) In any case where the chief
40       engineer finds that any one or more of the circumstances set forth in
41       K.S.A. 82a-1036 and amendments thereto exist and that the public inter-
42       est requires that any one or more corrective controls be adopted, the
43       chief engineer shall designate, by order, the area in question, or any part

H Sub. for SB 287

7

  1       thereof, as an intensive groundwater use control area.
  2             (b) The order of the chief engineer shall define specifically the
  3       boundaries of the intensive groundwater use control area and shall indi-
  4       cate the circumstances upon which the findings of the chief engineer are
  5       made. The order of the chief engineer may include any one or more of
  6       the following corrective control provisions: (1) A provision closing the
  7       intensive groundwater use control area to any further appropriation of
  8       groundwater in which event the chief engineer shall thereafter refuse to
  9       accept any application for a permit to appropriate groundwater located
10       within such area; (2) a provision determining the permissible total with-
11       drawal of groundwater in the intensive groundwater use control area each
12       day, month or year, and, insofar as may be reasonably done, the chief
13       engineer shall apportion such permissible total withdrawal among the
14       valid groundwater right holders in such area in accordance with the rel-
15       ative dates of priority of such rights; (3) a provision reducing the permis-
16       sible withdrawal of groundwater by any one or more appropriators
17       thereof, or by wells in the intensive groundwater use control area; (4) a
18       provision requiring and specifying a system of rotation of groundwater
19       use in the intensive groundwater use control area; (5) any one or more
20       other provisions making such additional requirements as are necessary to
21       protect the public interest. The chief engineer is hereby authorized to
22       delegate the enforcement of any corrective control provisions ordered for
23       an intensive groundwater use control area to groundwater management
24       district number 4 or to any city, if such district or city is located within
25       or partially within the boundaries of such area.
26             (c) Except as provided by subsection (d), the order of designation of
27       an intensive groundwater use control area shall be in full force and effect
28       from the date of its entry in the records of the chief engineer's office
29       unless and until its operation shall be stayed by an appeal therefrom from
30       an order entered on review of the chief engineer's order pursuant to sec-
31       tion 10 and amendments thereto in accordance with the provisions of the
32       act for judicial review and civil enforcement of agency actions. The chief
33       engineer upon request shall deliver a copy of such order to any interested
34       person who is affected by such order, and shall file a copy of the same
35       with the register of deeds of any county within which such designated
36       control area lies.
37             (d) If the holder of a groundwater right within the area designated
38       as an intensive groundwater use control applies for review of the order
39       of designation pursuant to section 10 and amendments thereto, the pro-
40       visions of the order with respect to the inclusion of the holder's right
41       within the area may be stayed in accordance with the Kansas adminis-
42       trative procedure act.
43             New Sec.  10. (a) Orders of the chief engineer of the division of water

H Sub. for SB 287

8

  1       resources of the department of agriculture pursuant to K.S.A. 42-703, 42-
  2       722, 42-722a, 82a-708b, 82a-711, 82a-718 and 82a-1038, and amend-
  3       ments thereto, and failure of the chief engineer to act pursuant to K.S.A.
  4       82a-714, and amendments thereto, shall be subject to review in accord-
  5       ance with the provisions of the Kansas administrative procedure act.
  6             Such review shall be conducted by the secretary of agriculture or by
  7       an administrative law judge or presiding officer from the office of admin-
  8       istrative hearings within the department of administration. The secretary
  9       of agriculture shall not have the authority otherwise to designate a pre-
10       siding officer to conduct such review.
11             (b) The order of the secretary of agriculture or the administrative
12       law judge or presiding officer upon review pursuant to subsection (a) shall
13       be a final order under the Kansas administrative procedure act. Such
14       order shall not be subject to reconsideration pursuant to K.S.A. 77-529
15       and amendments thereto and shall be subject to review in accordance
16       with the act for judicial review and civil enforcement of agency actions.
17             (c) This act shall not affect any administrative proceeding pending
18       before the chief engineer of the division of water resources of the de-
19       partment of agriculture, the secretary of agriculture or any administrative
20       hearing officer on July 1, 1999, and such matter shall proceed as though
21       no change in the law had been made with regard to such proceeding.
22             (d) The provisions of this section shall take effect on and after July
23       1, 1999.
24             New Sec.  11. (a) The office of administrative hearings within the
25       department of administration shall contract with or employ administrative
26       law judges or presiding officers, court reporters and other support per-
27       sonnel as necessary to conduct proceedings required by section 10 and
28       amendments thereto. Any administrative law judge or presiding officer
29       contracted with or employed to conduct such proceedings shall be ad-
30       mitted to practice law in this state and shall be knowledgeable by training
31       and experience in water policies and administrative procedure. For the
32       purposes of this section, the office may employ regular part-time person-
33       nel. Persons employed by the office of administrative hearings pursuant
34       to this section shall be under the classified civil service.
35             (b) The office of administrative hearings within the department of
36       administration may establish and collect reasonable amounts for services
37       provided pursuant to this section.
38             New Sec.  12. (a) On or before November 15, 1999, the chief engi-
39       neer of the division of water resources of the department of agriculture,
40       in accordance with K.S.A. 77-420 and amendments thereto, shall submit
41       to the secretary of administration and the attorney general proposed rules
42       and regulations containing all current standards, statements of policy and
43       general orders that: (1) Have been issued or adopted by the chief engineer

H Sub. for SB 287

9

  1       or by any groundwater management district; (2) are of general application
  2       and have the effect of law; and (3) are not contained in current rules and
  3       regulations adopted by the chief engineer.
  4             (b) If any standard, statement of policy or general order described
  5       in subsection (a) is not submitted as required by subsection (a), such
  6       standard, statement of policy or general order shall be void and of no
  7       effect after November 15, 1999, until adopted by rules and regulations.
  8             New Sec.  13.  The chief engineer of the division of water resources
  9       of the department of agriculture, for good cause shown, may grant an
10       exemption from or waiver of a rule and regulation adopted by the chief
11       engineer if the chief engineer determines that the exemption or waiver
12       will not prejudicially or unreasonably affect the public interest and will
13       not impair any existing water right. The exemption or waiver shall be in
14       writing and shall include the reason for the exemption or waiver.
15             New Sec.  14. (a) There is hereby established the task force on water
16       issues. The task force shall consist of the following members:
17             (1) Two members of the house of representatives appointed by the
18       speaker of the house of representatives and one member of the house of
19       representatives appointed by the minority leader of the house of repre-
20       sentatives;
21             (2) two members of the senate appointed by the president of the
22       senate and one member of the senate appointed by the minority leader
23       of the senate;
24             (3) a member of the Kansas water authority designated by the au-
25       thority;
26             (4) a representative of environmental interests who is an authority
27       on water issues, appointed by the governor;
28             (5) two representatives of groundwater management districts ap-
29       pointed by the groundwater management district association;
30             (6) a member of the board of directors of the water protection as-
31       sociation of central Kansas (Water PACK) designated by the board;
32             (7) a representative of large cities and a representative of small cities,
33       designated by the league of Kansas municipalities;
34             (8) a representative of industrial water users, appointed by the Kan-
35       sas chamber of commerce and industry;
36             (9) two representatives of agricultural interests, appointed by the
37       governor;
38             (10) the secretary of wildlife and parks or a person designated by the
39       secretary;
40             (11) a representative of rural water districts designated by the Kansas
41       rural water association; and
42             (12) a representative of aggregate producers designated by the Kan-
43       sas aggregate producers association.

H Sub. for SB 287

10

  1             (b) The legislative coordinating council shall designate two of the
  2       legislative members of the task force to serve, respectively, as chairperson
  3       and vice-chairperson of the task force.
  4             (c) The task force shall meet on call of the chairperson of the task
  5       force.
  6             (d) The staff of the office of the revisor of statutes, the legislative
  7       research department and the division of legislative administrative services
  8       shall provide such assistance as may be requested by the task force and
  9       authorized by the legislative coordinating council. The legislative division
10       of post audit shall provide such assistance as may be requested by the
11       task force and authorized by the legislative post audit committee. The
12       Kansas water office, Kansas geological survey, Kansas biological survey,
13       department of health and environment, the department of agriculture,
14       the state conservation commission, institutions under the state board of
15       regents, the state corporation commission and all other state agencies
16       shall provide assistance to the task force as may be requested by the task
17       force.
18             (e) Task force members enumerated in subsections (a)(1) and (2)
19       shall receive amounts provided by subsection (e) of K.S.A. 75-3223 and
20       amendments thereto for each day of actual attendance at any meeting of
21       the task force or any subcommittee meeting approved by the task force.
22       Such amounts paid to members shall be paid from appropriations to the
23       legislative coordinating council pursuant to vouchers prepared by the di-
24       rector of legislative administrative services and approved by the chair-
25       person or vice-chairperson of the legislative coordinating council.
26             (f) The task force shall study and make recommendations related to:
27             (1) The position of the division of water resources and the chief
28       engineer within the administrative hierarchy, including but not limited to
29       the accountability of the chief engineer, the ability of the chief engineer
30       to take into consideration the public interest as a whole while balancing
31       conflicting special interests and the authority of the chief engineer to
32       adopt rules and regulations;
33             (2) the appropriateness of the procedures and the time required for
34       perfection of water rights and other provisions of and procedures under
35       the Kansas water appropriation act;
36             (3) the water rights purchase program pursuant to K.S.A. 2-1915, 2-
37       1919 and 82a-707, and amendments thereto, and the water banking pro-
38       posal of the water banking task force of the division of water resources
39       of the department of agriculture; and
40             (4) any other water issues that the task force determines appropriate.
41             The task force shall submit a report of its findings and recommenda-
42       tions pursuant to this subsection to the house standing committee on
43       environment, the senate standing committee on energy and natural re-

H Sub. for SB 287

11

  1       sources and the house and senate standing committees on agriculture on
  2       or before January 10, 2000.
  3             (g) The task force shall study and make recommendations related
  4       to:
  5             (1) The relationships among state agencies that have authority to
  6       determine or impact long-term state policy relating to water quality and
  7       water quantity, including cooperation, duplication and conflicts that exist
  8       in the missions and responsibilities of such agencies and means of im-
  9       proving coordination among such agencies;
10             (2) the role of cities in formulation of policy by groundwater man-
11       agement districts; representation of cities in groundwater management
12       district elections, methods of election of district directors and the appli-
13       cation of the principle of equal representation to district boards;
14             (3) siltation rates of public water supply impoundments and reser-
15       voirs, the impacts of such siltation on public water supply storage, flood
16       control and recreational opportunities;
17             (4) aquifer resources, recharge rates, availability of surface water
18       resources and the long-term prospects related to any necessary transition
19       to dryland farming in areas of the state to maintain sustainable yield and
20       minimum stream flow levels;
21             (5) water conservation plans and programs and means to improve
22       the effectiveness of such plans and programs;
23             (6) the potential for competing water needs for at least the next 20
24       years and means of addressing the competition; and
25             (7) any other water issues that the task force determines appropriate.
26             The task force shall submit a report of its findings and recommenda-
27       tions pursuant to this subsection to the house standing committee on
28       environment, the senate standing committee on energy and natural re-
29       sources and the house and senate standing committees on agriculture on
30       or before January 8, 2001.
31             (h) The task force is hereby abolished on and after July 1, 2001. 
32       Sec.  15. On and after July 1, 1999, K.S.A. 42-703, 42-722, 72-722a,
33       82a-708b, 82a-711, 82a-714, 82a-718, 82a-724 and 82a-1038 are hereby
34       repealed.
35         Sec.  16. This act shall take effect and be in force from and after its
36       publication in the Kansas register.
37