| 1 | 1 | | Session of 2025 |
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| 2 | 2 | | HOUSE BILL No. 2114 |
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| 3 | 3 | | By Committee on Water |
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| 4 | 4 | | Requested by Earl Lewis on behalf of the Kansas Department of Agriculture |
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| 5 | 5 | | 1-28 |
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| 6 | 6 | | AN ACT concerning water; relating to dams, levees and other water |
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| 7 | 7 | | obstructions; clarifying which structures shall be considered water |
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| 8 | 8 | | obstructions and not a dam; increasing application fees for a permit to |
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| 9 | 9 | | construct, modify or add to a dam; requiring preconstruction permit |
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| 10 | 10 | | fees to construct, modify or add to a water obstruction or to change or |
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| 11 | 11 | | diminish the course, current or cross section of a stream; requiring any |
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| 12 | 12 | | licensed professional engineer who conducts inspections required by |
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| 13 | 13 | | the act to be approved by the chief engineer; adding a civil penalty of |
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| 14 | 14 | | not less than $100 nor more than $1,000 per violation; remitting civil |
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| 15 | 15 | | penalty amounts to the water structures fund; amending K.S.A. 82a- |
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| 16 | 16 | | 301, 82a-302, 82a-303b, 82a-305a and 82a-328 and repealing the |
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| 17 | 17 | | existing sections. |
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| 18 | 18 | | Be it enacted by the Legislature of the State of Kansas: |
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| 19 | 19 | | Section 1. K.S.A. 82a-301 is hereby amended to read as follows: 82a- |
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| 20 | 20 | | 301. (a) (1) Except as provided in subsections (c) and (d), without the prior |
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| 21 | 21 | | written consent or permit of the chief engineer of the division of water |
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| 22 | 22 | | resources of the Kansas department of agriculture, it shall be unlawful for |
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| 23 | 23 | | any person, partnership, association, corporation or agency or political |
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| 24 | 24 | | subdivision of the state government to: |
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| 25 | 25 | | (A) Construct, modify or add to any dam; |
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| 26 | 26 | | (B) construct, modify or add to any water obstruction in a designated |
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| 27 | 27 | | stream; or |
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| 28 | 28 | | (C) change or diminish the course, current, or cross section of any |
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| 29 | 29 | | designated stream within this state. |
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| 30 | 30 | | (2) Any application for any permit or consent shall be made in |
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| 31 | 31 | | writing in such form as specified by the chief engineer. |
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| 32 | 32 | | (3) Revetments for the purpose of stabilizing a caving bank which |
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| 33 | 33 | | that are properly placed shall not be construed as obstructions for the |
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| 34 | 34 | | purposes of this section. |
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| 35 | 35 | | (b) As used in K.S.A. 82a-301 et seq., and amendments thereto: |
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| 36 | 36 | | (1) "Dam" means any artificial barrier including appurtenant works |
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| 37 | 37 | | with the ability to impound water, waste water or other liquids that has a |
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| 38 | 38 | | height of 25 feet or more; or has a height of six feet or greater and a |
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| 39 | 39 | | storage volume at the top of the emergency spillway elevation of 50 or |
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| 74 | 74 | | 35 HB 2114 2 |
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| 75 | 75 | | more acre feet. The height of a dam or barrier shall be measured from the |
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| 76 | 76 | | lowest elevation of the streambed, downstream toe or outside limit of the |
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| 77 | 77 | | dam to the elevation of the top of the dam. |
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| 78 | 78 | | (2) "Designated stream" means a natural or man-made channel that |
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| 79 | 79 | | conveys drainage or runoff from a watershed having an area of: |
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| 80 | 80 | | (A) One or more square miles in zone one, which includes all |
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| 81 | 81 | | geographic points located in or east of Washington, Clay, Dickinson, |
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| 82 | 82 | | Marion, Harvey, Sedgwick or Sumner counties; |
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| 83 | 83 | | (B) two or more square miles in zone two, which includes all |
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| 84 | 84 | | geographic points located west of zone one and in or east of Smith, |
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| 85 | 85 | | Osborne, Russell, Barton, Stafford, Pratt or Barber counties; or |
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| 86 | 86 | | (C) three or more square miles in zone three, which includes all |
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| 87 | 87 | | geographic points located west of zone two. |
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| 88 | 88 | | (c) (1) The prior written consent or permit of the chief engineer shall |
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| 89 | 89 | | not apply to water obstructions that meet the following requirements: |
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| 90 | 90 | | (A) The change in the cross section of a designated stream is |
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| 91 | 91 | | obstructed less than 5% and the water obstruction or change is contained |
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| 92 | 92 | | within a land area measuring 25 feet or less along the stream length; or |
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| 93 | 93 | | (B) (i) the water obstruction is not a dam as defined in subsection (b); |
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| 94 | 94 | | (ii) the water obstruction is not located within an incorporated area; |
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| 95 | 95 | | (iii) every part of the water obstruction, and any water impounded by |
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| 96 | 96 | | such obstruction, is located more than 300 feet from any property |
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| 97 | 97 | | boundary; and |
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| 98 | 98 | | (iv) the watershed area above the water obstruction is five square |
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| 99 | 99 | | miles or less. |
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| 100 | 100 | | (2) If the water obstruction does not meet the requirements of |
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| 101 | 101 | | subsection (c)(1)(B)(iii), but meets all other requirements of subsection (c) |
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| 102 | 102 | | (1)(B), such water obstruction may be exempted from the permitting |
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| 103 | 103 | | requirements of subsection (a) if the chief engineer determines such water |
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| 104 | 104 | | obstruction has minimal impact upon safety and property based upon a |
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| 105 | 105 | | review of the information, to be provided by the owner, including: |
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| 106 | 106 | | (A) An aerial photo or topographic map depicting the location of the |
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| 107 | 107 | | proposed project, the location of the stream, the layout of the water |
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| 108 | 108 | | obstruction, the property lines and names and addresses of adjoining |
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| 109 | 109 | | property owners; and |
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| 110 | 110 | | (B) the principal dimensions of the project including, but not limited |
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| 111 | 111 | | to, the height above streambed. |
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| 112 | 112 | | (3) Notwithstanding any other provision of this section, the chief |
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| 113 | 113 | | engineer may require a permit for any water obstruction described in this |
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| 114 | 114 | | subsection if the chief engineer determines such permit is necessary for the |
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| 115 | 115 | | protection of life or property. |
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| 116 | 116 | | (d) The prior written consent or permit of the chief engineer shall not |
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| 117 | 117 | | be required for construction or modification of a hazard class A dam that: |
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| 160 | 160 | | 43 HB 2114 3 |
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| 161 | 161 | | (1) Has a height of less than 30 feet and a storage volume at the top of |
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| 162 | 162 | | the emergency spillway elevation of less than 125 acre feet, and the dam |
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| 163 | 163 | | location and dimensions have been registered with the division of water |
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| 164 | 164 | | resources in a written form prescribed by the chief engineer; or |
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| 165 | 165 | | (2) is a wastewater storage structure for a confined feeding facility |
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| 166 | 166 | | that has been approved by the secretary of health and environment |
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| 167 | 167 | | pursuant to K.S.A. 65-171d, and amendments thereto. |
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| 168 | 168 | | (e) Any structure that meets the provisions of subsection (b)(1) shall |
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| 169 | 169 | | be considered a water obstruction and not a dam if the primary purpose of |
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| 170 | 170 | | the structure is to serve as a: |
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| 171 | 171 | | (1) Dry detention road fill for state, county or municipal government; |
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| 172 | 172 | | or |
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| 173 | 173 | | (2) low head dam that has a maximum height below the lowest |
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| 174 | 174 | | stream bank. |
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| 175 | 175 | | Sec. 2. K.S.A. 82a-302 is hereby amended to read as follows: 82a- |
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| 176 | 176 | | 302. (a) Except as otherwise provided for general permits, each application |
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| 177 | 177 | | for the consent or permit required by K.S.A. 82a-301, and amendments |
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| 178 | 178 | | thereto, shall be accompanied by complete maps, plans, profiles and |
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| 179 | 179 | | specifications of such construction, modification or addition proposed to |
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| 180 | 180 | | be made, the required application fee as provided in subsection (b) unless |
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| 181 | 181 | | otherwise exempted, and such other data and information as the chief |
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| 182 | 182 | | engineer may require. The chief engineer shall adopt rules and regulations |
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| 183 | 183 | | for the issuance of a general permit which. A general permit may be issued |
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| 184 | 184 | | for projects which that require limited supervision and review. |
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| 185 | 185 | | (b) (1) The application fee for a permit to construct, modify or add to |
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| 186 | 186 | | a dam shall be $200 a dam shall be: |
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| 187 | 187 | | (A) $5,000 for a hazard class C dam; |
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| 188 | 188 | | (B) $3,000 for a hazard class B dam; and |
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| 189 | 189 | | (C) $1,500 for a hazard class A dam that does not qualify for the |
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| 190 | 190 | | exemption provided for in K.S.A. 82a-301(d), and amendments thereto, or |
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| 191 | 191 | | for either of the exemptions provided in K.S.A. 82a-301(e)(1) or (2), and |
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| 192 | 192 | | amendments thereto. |
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| 193 | 193 | | (2) The application fee for a permit to modify or add to a dam shall |
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| 194 | 194 | | be: |
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| 195 | 195 | | (A) $3,000 for a hazard class C dam; |
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| 196 | 196 | | (B) $2,000 for a hazard class B dam; and |
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| 197 | 197 | | (C) $1,000 for a hazard class A dam that does not qualify for the |
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| 198 | 198 | | exemption provided for in K.S.A. 82a-301(d), and amendments thereto, or |
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| 199 | 199 | | does not qualify for either of the exemptions provided in K.S.A. 82a-301(e) |
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| 200 | 200 | | (1) or (2), and amendments thereto. |
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| 201 | 201 | | (3) The application fee for a permit to construct, modify, or add to a |
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| 202 | 202 | | water obstruction or to change or diminish the course, current or cross |
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| 203 | 203 | | section of a stream shall be based on the watershed area. |
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| 246 | 246 | | 43 HB 2114 4 |
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| 247 | 247 | | Watershed Area Above the Project Permit Application Fee Post- |
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| 248 | 248 | | Construction Permit Fee |
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| 249 | 249 | | Less than 5 square miles $100 $200 |
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| 250 | 250 | | Between 5 and 50 square miles$200 $400 |
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| 251 | 251 | | More than 50 square miles $500 $1,000 |
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| 252 | 252 | | (3)(4) The application fee for a general permit shall be $100. |
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| 253 | 253 | | (c) All fees collected by the chief engineer pursuant to this section |
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| 254 | 254 | | shall be remitted to the state treasurer as provided in K.S.A. 82a-328, and |
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| 255 | 255 | | amendments thereto. |
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| 256 | 256 | | Sec. 3. K.S.A. 82a-303b is hereby amended to read as follows: 82a- |
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| 257 | 257 | | 303b. (a) (1) In order to secure conformity with adopted rules and |
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| 258 | 258 | | regulations and to assure compliance with the terms, conditions or |
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| 259 | 259 | | restrictions of any consent or permit granted pursuant to the provisions of |
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| 260 | 260 | | K.S.A. 82a-301 through 82a-303, and amendments thereto, (A) The chief |
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| 261 | 261 | | engineer or an authorized representative of the chief engineer, including a |
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| 262 | 262 | | licensed professional engineer approved by the chief engineer, shall have |
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| 263 | 263 | | the power and the duty to inspect any dam or other water obstruction. |
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| 264 | 264 | | (B) Upon a finding pursuant to K.S.A. 82a-303c(a), and amendments |
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| 265 | 265 | | thereto, by the chief engineer that a dam is unsafe, the chief engineer shall |
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| 266 | 266 | | order an annual inspection of the dam until it: |
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| 267 | 267 | | (i) Such dam is either in compliance with all applicable provisions of |
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| 268 | 268 | | this act, any rules and regulations promulgated pursuant to this act, permit |
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| 269 | 269 | | conditions and orders of the chief engineer; or |
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| 270 | 270 | | (ii) the dam is removed. |
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| 271 | 271 | | (C) The safety inspection shall be conducted by the chief engineer or |
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| 272 | 272 | | authorized representative and of the chief engineer, including a licensed |
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| 273 | 273 | | professional engineer approved by the chief engineer. |
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| 274 | 274 | | (D) The cost shall be paid by the dam owner shall pay the |
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| 275 | 275 | | department the costs of any safety inspection that: |
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| 276 | 276 | | (i) is conducted by the chief engineer or an authorized representative |
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| 277 | 277 | | of the chief engineer who is an employee of the department; or |
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| 278 | 278 | | (ii) the department contracts for the performance of a licensed |
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| 279 | 279 | | professional engineer approved by the chief engineer. |
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| 280 | 280 | | (E) The class and size of a dam for the purpose of assessing |
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| 281 | 281 | | inspection fees as provided for in this section shall be defined by rules and |
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| 282 | 282 | | regulations adopted by the chief engineer pursuant to K.S.A. 82a-303a, |
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| 283 | 283 | | and amendments thereto. |
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| 284 | 284 | | (F) For inspections conducted by the chief engineer or the chief |
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| 285 | 285 | | engineer's authorized representative or an authorized representative of the |
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| 286 | 286 | | chief engineer who is an employee of the department, inspection fees are |
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| 287 | 287 | | as follows: |
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| 288 | 288 | | Size of Dam Inspection fee |
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| 331 | 331 | | 43 HB 2114 5 |
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| 332 | 332 | | Class 1 $1,500 |
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| 333 | 333 | | Class 2 $1,500 |
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| 334 | 334 | | Class 3 $2,500 |
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| 335 | 335 | | Class 4 $4,000 |
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| 336 | 336 | | (2) Each hazard class C dam shall be required to have a safety |
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| 337 | 337 | | inspection conducted by a licensed professional engineer qualified in |
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| 338 | 338 | | design, construction, maintenance and operation of dams once every three |
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| 339 | 339 | | years, unless otherwise ordered by the chief engineer or an authorized |
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| 340 | 340 | | representative of the chief engineer, including a licensed professional |
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| 341 | 341 | | engineer approved by the chief engineer, at least every three years. |
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| 342 | 342 | | (3) Each hazard class B dam shall be required to have a safety |
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| 343 | 343 | | inspection conducted by a licensed professional engineer qualified in |
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| 344 | 344 | | design, construction, maintenance and operation of dams once every five |
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| 345 | 345 | | years unless otherwise ordered by the chief engineer or an authorized |
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| 346 | 346 | | representative of the chief engineer, including a licensed professional |
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| 347 | 347 | | engineer approved by the chief engineer, at least every five years. |
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| 348 | 348 | | (4) Each hazard class A dam that does not qualify for the exemption |
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| 349 | 349 | | provided for in K.S.A. 82a-301(d), and amendments thereto, or meet the |
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| 350 | 350 | | requirements for either of the exemptions provided for in K.S.A. 82a- |
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| 351 | 351 | | 301(e)(1) or (2), and amendments thereto, shall be required to have a |
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| 352 | 352 | | safety inspection conducted by the chief engineer or an authorized |
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| 353 | 353 | | representative of the chief engineer, including a licensed professional |
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| 354 | 354 | | engineer approved by the chief engineer, at least every 10 years. |
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| 355 | 355 | | (5) Within 60 days of the date of inspection, a report of the inspection |
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| 356 | 356 | | shall be provided to issued by the chief engineer or provided to the chief |
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| 357 | 357 | | engineer by the licensed professional engineer who conducted the |
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| 358 | 358 | | inspection. The report shall document the physical condition of the dam, |
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| 359 | 359 | | describing any deficiencies observed, an analysis of the capacity of the |
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| 360 | 360 | | dam and its spillway works, compliance of the dam with approved plans |
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| 361 | 361 | | and permit conditions, changes observed in the condition of the dam since |
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| 362 | 362 | | the previous inspection, an assessment of the hazard classification of the |
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| 363 | 363 | | dam including a statement that the engineer either agrees or disagrees with |
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| 364 | 364 | | the current classification, and any other information relevant to the safety |
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| 365 | 365 | | of the dam or specifically requested by the chief engineer. |
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| 366 | 366 | | (5) Upon failure of a dam owner to comply with the applicable |
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| 367 | 367 | | inspection interval, the chief engineer or such chief engineer's authorized |
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| 368 | 368 | | representative shall conduct a mandatory inspection of the dam and the |
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| 369 | 369 | | costs as established by this act for the inspection shall be paid by the |
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| 370 | 370 | | owner, in addition to any other remedies provided for violations of this act. |
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| 371 | 371 | | (6) The failure to file provide a complete and timely report as |
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| 372 | 372 | | required by the provisions of this act, or the failure to submit the fees |
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| 373 | 373 | | assessed for inspections conducted by the chief engineer or the chief |
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| 374 | 374 | | engineer's authorized representative to the department as required by this |
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| 417 | 417 | | 43 HB 2114 6 |
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| 418 | 418 | | section, shall be deemed a violation of this act and subject to the penalties |
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| 419 | 419 | | provided by K.S.A. 82a-305a, and amendments thereto. |
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| 420 | 420 | | (b) For the purpose of inspecting any dam or other water obstruction, |
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| 421 | 421 | | the chief engineer or an authorized representative of the chief engineer, |
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| 422 | 422 | | including a licensed professional engineer approved by the chief engineer, |
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| 423 | 423 | | shall have the right of access to private property. Costs for any work which |
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| 424 | 424 | | that may be required by the chief engineer or the authorized |
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| 425 | 425 | | representative, including a licensed professional engineer approved by the |
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| 426 | 426 | | chief engineer, prior to or as a result of the inspection of a dam or other |
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| 427 | 427 | | water obstruction shall be paid by the owner, governmental agency or |
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| 428 | 428 | | operator of such dam or other water obstruction. |
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| 429 | 429 | | (c) All fees collected by the chief engineer pursuant to this section |
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| 430 | 430 | | shall be remitted to the state treasurer as provided in K.S.A. 82a-328, and |
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| 431 | 431 | | amendments thereto. |
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| 432 | 432 | | Sec. 4. K.S.A. 82a-305a is hereby amended to read as follows: 82a- |
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| 433 | 433 | | 305a. (a) Any person, partnership, association, corporation or agency or |
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| 434 | 434 | | political subdivision of the state government who violates any provision of |
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| 435 | 435 | | this act or of any rule and regulation or order issued pursuant thereto shall |
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| 436 | 436 | | be deemed guilty of a class C misdemeanor. Each day that any such |
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| 437 | 437 | | violation occurs after notice of the original violation is served upon the |
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| 438 | 438 | | violator by the chief engineer by restricted mail shall constitute a separate |
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| 439 | 439 | | offense. |
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| 440 | 440 | | (b) Upon request of the chief engineer, the attorney general shall |
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| 441 | 441 | | bring suit in the name of the state of Kansas in any court of competent |
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| 442 | 442 | | jurisdiction to enjoin (1) the unlawful construction, modification, |
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| 443 | 443 | | operation or maintenance of any dam or other water obstruction, or (2) the |
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| 444 | 444 | | unlawful change or diminution of the course, current or cross section of a |
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| 445 | 445 | | river or stream. Such court may require the removal or modification of any |
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| 446 | 446 | | such dam or other water obstruction by mandatory injunction. |
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| 447 | 447 | | (c) In addition to any other penalty provided for by law, any person |
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| 448 | 448 | | who commits a violation of K.S.A. 82a-301 et seq., and amendments |
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| 449 | 449 | | thereto, or any rule and regulation adopted thereunder, may be subject to |
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| 450 | 450 | | a civil penalty not less than $100 nor more than $1,000 per violation. In |
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| 451 | 451 | | the case of a continuing violation, each notice provided by the chief |
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| 452 | 452 | | engineer of such continuing violation and the required corrective action |
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| 453 | 453 | | thereof shall be considered a separate violation if not corrected within |
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| 454 | 454 | | seven days of receiving such notice. Such civil penalty may be assessed in |
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| 455 | 455 | | addition to any other penalty provided by law. |
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| 456 | 456 | | (d) No civil penalty shall be imposed pursuant to this section except |
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| 457 | 457 | | on the written order of the chief engineer. |
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| 458 | 458 | | (e) Any person aggrieved by an order of the chief engineer pursuant |
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| 459 | 459 | | to this section may appeal to a district court of competent jurisdiction in |
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| 460 | 460 | | the manner provided by the Kansas judicial review act. |
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| 504 | 504 | | (f) All moneys collected by the chief engineer pursuant to this section |
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| 505 | 505 | | shall be deposited in the state treasury in accordance with K.S.A. 75-4215, |
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| 506 | 506 | | and amendments thereto, and shall be credited to the water structures fund |
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| 507 | 507 | | pursuant to K.S.A. 82a-328, and amendments thereto. |
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| 508 | 508 | | Sec. 5. K.S.A. 82a-328 is hereby amended to read as follows: 82a- |
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| 509 | 509 | | 328. There is hereby created in the state treasury the water structures fund. |
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| 510 | 510 | | The chief engineer of the division of water resources, Kansas department |
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| 511 | 511 | | of agriculture shall remit all moneys received under K.S.A. 82a-302, 82a- |
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| 512 | 512 | | 303b, 82a-305a and 24-126, and amendments thereto, to the state treasurer |
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| 513 | 513 | | in accordance with the provisions of K.S.A. 75-4215, and amendments |
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| 514 | 514 | | thereto. Upon receipt of each such remittance, the state treasurer shall |
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| 515 | 515 | | deposit the entire amount in the state treasury to the credit of the water |
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| 516 | 516 | | structures fund. All expenditures from the water structures fund shall be |
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| 517 | 517 | | made in accordance with appropriation acts upon warrants of the director |
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| 518 | 518 | | of accounts and reports issued pursuant to vouchers approved by the |
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| 519 | 519 | | secretary of agriculture or by a person designated by the secretary. |
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| 520 | 520 | | Sec. 6. K.S.A. 82a-301, 82a-302, 82a-303b, 82a-305a and 82a-328 |
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| 521 | 521 | | are hereby repealed. |
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| 522 | 522 | | Sec. 7. This act shall take effect and be in force from and after its |
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| 523 | 523 | | publication in the statute book. |
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