Session of 2025
HOUSE BILL No. 2113
By Committee on Water
Requested by Representative Minnix
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AN ACT concerning water; relating to conservation districts; transferring
$5,000,000 each July 1 to match federal funding for conservation
districts; requiring conservation districts to provide water quality
sampling and the resulting aggregate data to the state geological
survey; relating to funding for the state water plan and water
infrastructure projects; making and concerning appropriations for fiscal
years 2026, 2027 and 2028 for the state treasurer; providing for the
enhanced transfer of moneys from the state general fund to the state
water plan fund; requiring the Kansas water office to transfer
appropriations for the water technical assistance fund, the water
projects grant fund and the Kansas matching grant fund; matching grant
funds to individuals and entities within water conservation areas and
local enhanced management areas for new water technology adoption;
amending K.S.A. 2024 Supp. 82a-955 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) There is hereby established in the state
treasury the state conservation fund. All moneys credited to the state
conservation fund shall be expended or transferred only for the purposes
and in the manner provided by this section. All expenditures from the state
conservation fund shall be made in accordance with appropriation acts for
the financing of conservation programs.
(2) It is the intent of the legislature that the state conservation fund
shall remain intact and inviolate for the purposes set forth in this section,
and moneys in the fund shall not be subject to the provisions of K.S.A. 75-
3722, 75-3725a and 75-3726a, and amendments thereto.
(3) Moneys credited to the state conservation fund shall be used to
supplement existing appropriations and shall not be used to supplant state
general fund or special revenue fund appropriations to the Kansas
department of agriculture.
(b) On July 1, 2025, and each July 1 thereafter, or as soon thereafter
each such date as moneys are available, the director of accounts and
reports shall transfer $5,000,000 from the state general fund to the state
conservation fund.
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(c) Moneys transferred to the state conservation fund shall be used to:
(1) Provide a match of state moneys on the basis of $2 of state
moneys to $1 of nonstate or private moneys; and
(2) fund or otherwise provide domestic water quality sampling.
(d) The division shall provide to the state geological survey aggregate
data generated from any domestic water quality sampling that is carried
out pursuant to subsection (c).
(e) (1) The division shall adopt rules and regulations to administer the
expending of moneys from the state conservation fund.
(2) The division shall solicit input and facilitate public comment from
industry members and stakeholders in developing such rules and
regulations.
(f) For purposes of this section:
(1) "Division" means the division of conservation established within
the Kansas department of agriculture by K.S.A. 74-5,126, and
amendments thereto.
(2) "Secretary" means the secretary of agriculture.
Sec. 2. K.S.A. 2024 Supp. 82a-955 is hereby amended to read as
follows: 82a-955. (a) On July 1, 2024, the director of accounts and reports
shall transfer $45,000,000 from the state general fund to the state water
plan fund and. On July 1, 2025, July 1, 2026, and July 1, 2027, the director
of accounts and reports shall transfer $35,000,000 $55,000,000 from the
state general fund to the state water plan fund. It is the intent of the
legislature to provide for the transfer of $35,000,000 from the state general
fund to the state water plan fund on July 1, 2026, and July 1, 2027.
(b) (1) Except as provided in paragraph (2), The state water plan
fund shall continue to be appropriated and expended for the purposes
prescribed in K.S.A. 82a-951, and amendments thereto, except that if an
appropriation is made for any fiscal year as intended in subsection (a), on
July 1 of such fiscal year, or as soon thereafter on each such dates date as
moneys are available:
(A) $5,000,000(1) $7,000,000 shall be transferred from the state
water plan fund to the water technical assistance fund established in
K.S.A. 2024 Supp. 82a-956, and amendments thereto; and
(B) $12,000,000(2) $18,000,000 shall be transferred from the state
water plan fund to the water projects grant fund established in K.S.A. 2024
Supp. 82a-957, and amendments thereto.
(2) On July 1, 2024, the director of accounts and reports shall transfer
$7,500,000 from the state water plan fund to the water technical assistance
fund and $19,500,000 from the state water plan fund to the water projects
grant fund.
(3)(c) The provisions of this section shall expire on July 1, 2028. On
July 1, 2028, the director of accounts and reports shall transfer all moneys
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in the water technical assistance fund and the water projects grant fund to
the state water plan fund and all liabilities of the water technical assistance
fund and the water projects grant fund shall be imposed upon the state
water plan fund. On July 1, 2028, the water technical assistance fund and
the water projects grant fund shall be abolished.
(c)(d) (1) (A) Notwithstanding any restrictions in K.S.A. 82a-951,
and amendments thereto, the Kansas water authority may recommend to
the legislature the appropriation of up to 10% of the unencumbered
balance of the state water plan fund to be used to supplement salaries of
existing state agency full-time equivalent employees and for funding new
full-time equivalent positions created to implement the state water plan.
Moneys from such appropriation may be used to supplement existing
positions, but except that such moneys shall not be used to replace state
general fund moneys, any fee fund moneys or other funding for positions
existing on July 1, 2023.
(B) Eligible full-time equivalent positions that moneys may be used
for pursuant to this paragraph include engineers, geologists, hydrologists,
environmental scientists, attorneys, resource planners, grant specialists and
any other similar positions.
(2) If at least two conservation districts present a joint proposal to the
Kansas water authority for a position or positions to provide shared
services to all districts involved in such proposal, the Kansas water
authority may recommend that moneys be used to supplement the salary or
salaries of such position or positions pursuant to paragraph (1).
(3) The Kansas water authority shall encourage funding requests from
state and local entities that cooperate with qualified nonprofit entities on
projects that provide a direct benefit to water quantity and quality,
including water infrastructures that are both natural and constructed, and
include matching funds from non-state sources.
(4) The Kansas water authority may direct the Kansas water office to
provide funding pursuant to K.S.A. 2024 Supp. 82a-956 or 82a-957, and
amendments thereto, for the improvement of water infrastructure in an
unincorporated area related to or serving a national park site or state
historic site if the request for funding is made by a nonprofit organization
or state agency that is willing to administer the moneys and oversee the
project, and the Kansas water authority deems such applicant capable of
successfully managing the project. Upon receipt of such a request, the
Kansas water office may award moneys in any fiscal year prior to July 1,
2028, with such awarding of moneys to be made at the discretion of the
Kansas water office.
(5) The Kansas water authority shall encourage the creation of grant
programs for stockwatering conservation projects. Such grant programs
shall prioritize the use of fees collected pursuant to K.S.A. 82a-954(a)(3),
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and amendments thereto.
(d)(e) All reporting requirements established in K.S.A. 82a-951, and
amendments thereto, shall continue and such reporting requirements shall
apply to the water technical assistance fund established in K.S.A. 2024
Supp. 82a-956, and amendments thereto, and the water projects grant fund
established in K.S.A. 2024 Supp. 82a-957, and amendments thereto.
Sec. 3. K.S.A. 2024 Supp. 82a-955 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.
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