Session of 2025
HOUSE BILL No. 2114
By Committee on Water
Requested by Earl Lewis on behalf of the Kansas Department of Agriculture
1-28
AN ACT concerning water; relating to dams, levees and other water
obstructions; clarifying which structures shall be considered water
obstructions and not a dam; increasing application fees for a permit to
construct, modify or add to a dam; requiring preconstruction permit
fees to construct, modify or add to a water obstruction or to change or
diminish the course, current or cross section of a stream; requiring any
licensed professional engineer who conducts inspections required by
the act to be approved by the chief engineer; adding a civil penalty of
not less than $100 nor more than $1,000 per violation; remitting civil
penalty amounts to the water structures fund; amending K.S.A. 82a-
301, 82a-302, 82a-303b, 82a-305a and 82a-328 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 82a-301 is hereby amended to read as follows: 82a-
301. (a) (1) Except as provided in subsections (c) and (d), without the prior
written consent or permit of the chief engineer of the division of water
resources of the Kansas department of agriculture, it shall be unlawful for
any person, partnership, association, corporation or agency or political
subdivision of the state government to:
(A) Construct, modify or add to any dam;
(B) construct, modify or add to any water obstruction in a designated
stream; or
(C) change or diminish the course, current, or cross section of any
designated stream within this state.
(2) Any application for any permit or consent shall be made in
writing in such form as specified by the chief engineer.
(3) Revetments for the purpose of stabilizing a caving bank which
that are properly placed shall not be construed as obstructions for the
purposes of this section.
(b) As used in K.S.A. 82a-301 et seq., and amendments thereto:
(1) "Dam" means any artificial barrier including appurtenant works
with the ability to impound water, waste water or other liquids that has a
height of 25 feet or more; or has a height of six feet or greater and a
storage volume at the top of the emergency spillway elevation of 50 or
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more acre feet. The height of a dam or barrier shall be measured from the
lowest elevation of the streambed, downstream toe or outside limit of the
dam to the elevation of the top of the dam.
(2) "Designated stream" means a natural or man-made channel that
conveys drainage or runoff from a watershed having an area of:
(A) One or more square miles in zone one, which includes all
geographic points located in or east of Washington, Clay, Dickinson,
Marion, Harvey, Sedgwick or Sumner counties;
(B) two or more square miles in zone two, which includes all
geographic points located west of zone one and in or east of Smith,
Osborne, Russell, Barton, Stafford, Pratt or Barber counties; or
(C) three or more square miles in zone three, which includes all
geographic points located west of zone two.
(c) (1) The prior written consent or permit of the chief engineer shall
not apply to water obstructions that meet the following requirements:
(A) The change in the cross section of a designated stream is
obstructed less than 5% and the water obstruction or change is contained
within a land area measuring 25 feet or less along the stream length; or
(B) (i) the water obstruction is not a dam as defined in subsection (b);
(ii) the water obstruction is not located within an incorporated area;
(iii) every part of the water obstruction, and any water impounded by
such obstruction, is located more than 300 feet from any property
boundary; and
(iv) the watershed area above the water obstruction is five square
miles or less.
(2) If the water obstruction does not meet the requirements of
subsection (c)(1)(B)(iii), but meets all other requirements of subsection (c)
(1)(B), such water obstruction may be exempted from the permitting
requirements of subsection (a) if the chief engineer determines such water
obstruction has minimal impact upon safety and property based upon a
review of the information, to be provided by the owner, including:
(A) An aerial photo or topographic map depicting the location of the
proposed project, the location of the stream, the layout of the water
obstruction, the property lines and names and addresses of adjoining
property owners; and
(B) the principal dimensions of the project including, but not limited
to, the height above streambed.
(3) Notwithstanding any other provision of this section, the chief
engineer may require a permit for any water obstruction described in this
subsection if the chief engineer determines such permit is necessary for the
protection of life or property.
(d) The prior written consent or permit of the chief engineer shall not
be required for construction or modification of a hazard class A dam that:
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(1) Has a height of less than 30 feet and a storage volume at the top of
the emergency spillway elevation of less than 125 acre feet, and the dam
location and dimensions have been registered with the division of water
resources in a written form prescribed by the chief engineer; or
(2) is a wastewater storage structure for a confined feeding facility
that has been approved by the secretary of health and environment
pursuant to K.S.A. 65-171d, and amendments thereto.
(e) Any structure that meets the provisions of subsection (b)(1) shall
be considered a water obstruction and not a dam if the primary purpose of
the structure is to serve as a:
(1) Dry detention road fill for state, county or municipal government;
or
(2) low head dam that has a maximum height below the lowest
stream bank.
Sec. 2. K.S.A. 82a-302 is hereby amended to read as follows: 82a-
302. (a) Except as otherwise provided for general permits, each application
for the consent or permit required by K.S.A. 82a-301, and amendments
thereto, shall be accompanied by complete maps, plans, profiles and
specifications of such construction, modification or addition proposed to
be made, the required application fee as provided in subsection (b) unless
otherwise exempted, and such other data and information as the chief
engineer may require. The chief engineer shall adopt rules and regulations
for the issuance of a general permit which. A general permit may be issued
for projects which that require limited supervision and review.
(b) (1) The application fee for a permit to construct, modify or add to
a dam shall be $200 a dam shall be:
(A) $5,000 for a hazard class C dam;
(B) $3,000 for a hazard class B dam; and
(C) $1,500 for a hazard class A dam that does not qualify for the
exemption provided for in K.S.A. 82a-301(d), and amendments thereto, or
for either of the exemptions provided in K.S.A. 82a-301(e)(1) or (2), and
amendments thereto.
(2) The application fee for a permit to modify or add to a dam shall
be:
(A) $3,000 for a hazard class C dam;
(B) $2,000 for a hazard class B dam; and
(C) $1,000 for a hazard class A dam that does not qualify for the
exemption provided for in K.S.A. 82a-301(d), and amendments thereto, or
does not qualify for either of the exemptions provided in K.S.A. 82a-301(e)
(1) or (2), and amendments thereto.
(3) The application fee for a permit to construct, modify, or add to a
water obstruction or to change or diminish the course, current or cross
section of a stream shall be based on the watershed area.
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Watershed Area Above the Project Permit Application Fee Post-
Construction Permit Fee
Less than 5 square miles $100 $200
Between 5 and 50 square miles$200 $400
More than 50 square miles $500 $1,000
(3)(4) The application fee for a general permit shall be $100.
(c) All fees collected by the chief engineer pursuant to this section
shall be remitted to the state treasurer as provided in K.S.A. 82a-328, and
amendments thereto.
Sec. 3. K.S.A. 82a-303b is hereby amended to read as follows: 82a-
303b. (a) (1) In order to secure conformity with adopted rules and
regulations and to assure compliance with the terms, conditions or
restrictions of any consent or permit granted pursuant to the provisions of
K.S.A. 82a-301 through 82a-303, and amendments thereto, (A) The chief
engineer or an authorized representative of the chief engineer, including a
licensed professional engineer approved by the chief engineer, shall have
the power and the duty to inspect any dam or other water obstruction.
(B) Upon a finding pursuant to K.S.A. 82a-303c(a), and amendments
thereto, by the chief engineer that a dam is unsafe, the chief engineer shall
order an annual inspection of the dam until it:
(i) Such dam is either in compliance with all applicable provisions of
this act, any rules and regulations promulgated pursuant to this act, permit
conditions and orders of the chief engineer; or
(ii) the dam is removed.
(C) The safety inspection shall be conducted by the chief engineer or
authorized representative and of the chief engineer, including a licensed
professional engineer approved by the chief engineer.
(D) The cost shall be paid by the dam owner shall pay the
department the costs of any safety inspection that:
(i) is conducted by the chief engineer or an authorized representative
of the chief engineer who is an employee of the department; or
(ii) the department contracts for the performance of a licensed
professional engineer approved by the chief engineer.
(E) The class and size of a dam for the purpose of assessing
inspection fees as provided for in this section shall be defined by rules and
regulations adopted by the chief engineer pursuant to K.S.A. 82a-303a,
and amendments thereto.
(F) For inspections conducted by the chief engineer or the chief
engineer's authorized representative or an authorized representative of the
chief engineer who is an employee of the department, inspection fees are
as follows:
Size of Dam Inspection fee
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Class 1 $1,500
Class 2 $1,500
Class 3 $2,500
Class 4 $4,000
(2) Each hazard class C dam shall be required to have a safety
inspection conducted by a licensed professional engineer qualified in
design, construction, maintenance and operation of dams once every three
years, unless otherwise ordered by the chief engineer or an authorized
representative of the chief engineer, including a licensed professional
engineer approved by the chief engineer, at least every three years.
(3) Each hazard class B dam shall be required to have a safety
inspection conducted by a licensed professional engineer qualified in
design, construction, maintenance and operation of dams once every five
years unless otherwise ordered by the chief engineer or an authorized
representative of the chief engineer, including a licensed professional
engineer approved by the chief engineer, at least every five years.
(4) Each hazard class A dam that does not qualify for the exemption
provided for in K.S.A. 82a-301(d), and amendments thereto, or meet the
requirements for either of the exemptions provided for in K.S.A. 82a-
301(e)(1) or (2), and amendments thereto, shall be required to have a
safety inspection conducted by the chief engineer or an authorized
representative of the chief engineer, including a licensed professional
engineer approved by the chief engineer, at least every 10 years.
(5) Within 60 days of the date of inspection, a report of the inspection
shall be provided to issued by the chief engineer or provided to the chief
engineer by the licensed professional engineer who conducted the
inspection. The report shall document the physical condition of the dam,
describing any deficiencies observed, an analysis of the capacity of the
dam and its spillway works, compliance of the dam with approved plans
and permit conditions, changes observed in the condition of the dam since
the previous inspection, an assessment of the hazard classification of the
dam including a statement that the engineer either agrees or disagrees with
the current classification, and any other information relevant to the safety
of the dam or specifically requested by the chief engineer.
(5) Upon failure of a dam owner to comply with the applicable
inspection interval, the chief engineer or such chief engineer's authorized
representative shall conduct a mandatory inspection of the dam and the
costs as established by this act for the inspection shall be paid by the
owner, in addition to any other remedies provided for violations of this act.
(6) The failure to file provide a complete and timely report as
required by the provisions of this act, or the failure to submit the fees
assessed for inspections conducted by the chief engineer or the chief
engineer's authorized representative to the department as required by this
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section, shall be deemed a violation of this act and subject to the penalties
provided by K.S.A. 82a-305a, and amendments thereto.
(b) For the purpose of inspecting any dam or other water obstruction,
the chief engineer or an authorized representative of the chief engineer,
including a licensed professional engineer approved by the chief engineer,
shall have the right of access to private property. Costs for any work which
that may be required by the chief engineer or the authorized
representative, including a licensed professional engineer approved by the
chief engineer, prior to or as a result of the inspection of a dam or other
water obstruction shall be paid by the owner, governmental agency or
operator of such dam or other water obstruction.
(c) All fees collected by the chief engineer pursuant to this section
shall be remitted to the state treasurer as provided in K.S.A. 82a-328, and
amendments thereto.
Sec. 4. K.S.A. 82a-305a is hereby amended to read as follows: 82a-
305a. (a) Any person, partnership, association, corporation or agency or
political subdivision of the state government who violates any provision of
this act or of any rule and regulation or order issued pursuant thereto shall
be deemed guilty of a class C misdemeanor. Each day that any such
violation occurs after notice of the original violation is served upon the
violator by the chief engineer by restricted mail shall constitute a separate
offense.
(b) Upon request of the chief engineer, the attorney general shall
bring suit in the name of the state of Kansas in any court of competent
jurisdiction to enjoin (1) the unlawful construction, modification,
operation or maintenance of any dam or other water obstruction, or (2) the
unlawful change or diminution of the course, current or cross section of a
river or stream. Such court may require the removal or modification of any
such dam or other water obstruction by mandatory injunction.
(c) In addition to any other penalty provided for by law, any person
who commits a violation of K.S.A. 82a-301 et seq., and amendments
thereto, or any rule and regulation adopted thereunder, may be subject to
a civil penalty not less than $100 nor more than $1,000 per violation. In
the case of a continuing violation, each notice provided by the chief
engineer of such continuing violation and the required corrective action
thereof shall be considered a separate violation if not corrected within
seven days of receiving such notice. Such civil penalty may be assessed in
addition to any other penalty provided by law.
(d) No civil penalty shall be imposed pursuant to this section except
on the written order of the chief engineer.
(e) Any person aggrieved by an order of the chief engineer pursuant
to this section may appeal to a district court of competent jurisdiction in
the manner provided by the Kansas judicial review act.
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(f) All moneys collected by the chief engineer pursuant to this section
shall be deposited in the state treasury in accordance with K.S.A. 75-4215,
and amendments thereto, and shall be credited to the water structures fund
pursuant to K.S.A. 82a-328, and amendments thereto.
Sec. 5. K.S.A. 82a-328 is hereby amended to read as follows: 82a-
328. There is hereby created in the state treasury the water structures fund.
The chief engineer of the division of water resources, Kansas department
of agriculture shall remit all moneys received under K.S.A. 82a-302, 82a-
303b, 82a-305a and 24-126, and amendments thereto, to the state treasurer
in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the water
structures fund. All expenditures from the water structures fund shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
secretary of agriculture or by a person designated by the secretary.
Sec. 6. K.S.A. 82a-301, 82a-302, 82a-303b, 82a-305a and 82a-328
are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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