Brief (1)
HB 2316 would provide for civil penalties for violations of the Kansas Water Appropriation Act; give separate statutory authority to the Equus Beds Groundwater Management District; and clarify the lines of authority over water quantity between the Kansas Department of Agriculture and the Kansas Department of Health and Environment.
Civil Penalty Authority for Violations of
the Kansas Water Appropriation Act
HB 2316 would provide for civil penalties for violations of the Kansas Water Appropriation Act or any rule or regulation adopted thereunder; for violations of an order issued by the Chief Engineer of the Division of Water Resources relating to an intensive groundwater use control area; or any violation of a term, condition, or limitation imposed by the Chief Engineer as authorized by law. The amount of the civil penalty would be not less than $100 nor more than $1,000 per violation. In the case of a continuing violation, each day the violation continues could be deemed a separate violation. Upon finding that a person has committed one of the violations, the Chief Engineer could order the modification or suspension of the person's water right or use of water. Any person aggrieved by an order of the Chief Engineer may request a review by the Secretary of Agriculture and upon exhaustion of administrative remedies, may appeal to the district court in the manner provided by the Act for Judicial Review and Civil Enforcement of Agency Actions. The bill would be part of and supplemental to the Kansas Water Appropriation Act.
Statutory Authority for the Equus Beds
Groundwater Management District
In addition, the bill would give separate statutory authority to the Equus Beds Groundwater Management District organized as Groundwater Management District No. 2 in 1976. The bill would provide the same authorizations as provided under the Groundwater Management District Law except in two areas. The two areas of difference would be in the areas of the composition of the board of directors and the water withdrawal charge. The bill would provide for a board of nine natural persons as follows:
The bill would allow a withdrawal charge of not to exceed $1.19 for each acre-foot of groundwater withdrawn within the district.
Clarification of Lines of Authority Between the
Kansas Department of Agriculture and the
Kansas Department of Health and Environment
Further, the bill would amend KSA 2000 Supp. 65-171d, by clarifying that the Secretary of the Kansas Department of Health and Environment (KDHE) could establish water quality standards for the waters of the state to protect "their designated uses" rather than "their beneficial uses." The bill also would clarify that the Secretary of KDHE's authority does not extend to authority over the beneficial use of water, water quantity allocations, protection against water use impairment of a beneficial use, or any other function or authority under the jurisdiction of the Kansas Water Appropriation Act. The term "pollution" in this section would be modified to make it parallel with respect to the term "designated uses" of water.
Background
At the hearing on the original bill, the Secretary of Agriculture explained that the bill was needed because at the present time the only enforcement action the agency has is to go to court, which can be costly and time consuming. She stated that the agency needed the enforcement mechanism provided by the bill. The Chief Engineer also provided testimony and explained how the civil penalties might be used and also that a penalty matrix would be developed for inclusion in rules and regulations. Also appearing in support of the bill was a spokesperson for the Kansas Water Authority. This conferee stated that this bill was consistent with the goals, policies, and objectives of the Kansas Water Plan. Qualified support was offered for the bill by the Manager of the Southwest Kansas Groundwater Management District.
The House Committee on Environment amended the bill to clarify one of the violations enumerated in the bill by making the violation read as follows: "diversion of water from an unauthorized point of diversion." In addition, the Committee amended the bill to make it part of and supplemental to the Kansas Water Appropriation Act.
The Senate Committee on Agriculture amended the bill to add the provisions of 2001 SB 264. In addition, the Committee amended the bill to clarify that the Secretary of KDHE does not have authority over water quantity issues.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi