Kansas House Bill HB2459

Kansas 2023-2024 Regular Session

• Introduced: 3/15/23
• Refer: 3/15/23
• Failed: 4/30/24

Caption

Prohibiting the change of the point of diversion of a water right if such change causes the safe yield of the source of water supply to be exceeded.

Impact

The bill is expected to have significant implications for water management in Kansas, particularly for agricultural producers and users dependent on water from specific sources. By requiring a demonstration that changes will not harm existing rights or exceed safe yields, the bill introduces stricter oversight on water rights alterations. This could provide long-term benefits in achieving a balance between water supply and demand, but may also limit flexibility for current water right holders in making adjustments to their operations based on changing needs.

Summary

House Bill 2459 aims to amend the Kansas Water Appropriation Act by instituting a definition for 'safe yield' and prohibiting any changes to the point of diversion of water rights if such changes would exceed the safe yield of the water source. Essentially, this bill seeks to ensure sustainable water use in the state and protect water resources from over-extraction. A key feature of the bill is the stipulation that any application to change water use must be approved by the chief engineer of the Division of Water Resources, who will examine the proposed changes against existing water rights and the defined safe yield threshold.

Contention

Notably, there may be points of contention surrounding this bill, particularly from stakeholders who feel that it could hinder their ability to adapt to evolving agricultural practices or environmental conditions. Farmers who rely on changing water needs might argue that this bill adds unnecessary bureaucracy that could complicate their operations. Additionally, the definition of 'safe yield' and how it will be determined and enforced could be contentious, as it may vary based on differing assessments of water sources and local needs.