Kansas 2025 2025-2026 Regular Session

Kansas House Bill HB2172 Comm Sub / Analysis

Filed 03/18/2025

                    SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR 
HOUSE BILL NO. 2172
As Recommended by Senate Committee on 
Agriculture and Natural Resources
Brief*
Senate Sub. for HB 2172, as amended, would create a 
13-member Water Program Task Force (Task Force) and a 5-
member Water Planning Work Group (Work Group) to study 
and make recommendations to the Legislature on water 
policy and funding.
Task Force Membership (13)
The Task Force membership would include:
●The chairperson of the House Committee on Water 
or designee (1);
●The chairperson of the House Committee on 
Agriculture and Natural Resources or designee (1);
●The chairperson of the Senate Committee on 
Agriculture and Natural Resources or designee (1);
●The ranking minority member of the House 
Committee on Water or designee (1);
●The ranking minority member of the Senate 
Committee on Agriculture and Natural Resources 
or designee (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 
https://klrd.gov/ ●One member of the House of Representatives 
appointed by the Speaker of the House of 
Representatives (Speaker of the House) who does 
not sit on the House Committee on Water or House 
Committee on Agriculture and Natural Resources 
(1);
●One member of the Senate appointed by the 
President of the Senate (President) who does not 
sit on the Senate Committee on Agriculture and 
Natural Resources (1); and 
●Six members jointly appointed by the Speaker and 
President (6).
Task Force Requirements
Stakeholder Representation
The bill would require each non-legislative member of 
the Task Force to represent at least one of the following 
stakeholders:
●Kansas employer with a vested water right;
●Commercial user of a municipal or industrial water 
right;
●Agricultural producer;
●Economic development organization;
●Water utility;
●Resident Kansas Indian tribe, Potawatomi, 
Kickapoo, Iowa, or Sac and Fox;
●Rural water district;
●Local conservation district;
●Organization that focuses on environmental or 
wildlife protection or conservation;
●Local water management district;
●Kansas agricultural banking or appraisal industry;
2- 2172 ●Student at a state educational institution engaged 
in a course of study related to water;
●Kansas municipality;
●Provider of natural resources education;
●Kansas agricultural commodity associations;
●Kansas Water Authority or regional advisory 
committee;
●Kansas livestock industry; or
●Kansas grain and feed industry.
Membership Requirements
The bill would require each Task Force member to be a 
Kansas resident, the Task Force to consist of at least one 
member from each of the five conservation regions of the 
state, and no more than two members of the Task Force 
could represent the same stakeholder listed above.
The bill would require the Speaker of the House and 
President to ensure these requirements are met.
Appointments; Vacancies
The bill would require members of the Task Force to be 
appointed by April 30, 2025. Any vacancy in membership of 
the Task Force would be filled in the same manner as 
provided for in the original appointment.
Co-chairpersons
The bill would require the Speaker of the House to 
select one member of the House of Representatives who is a 
member of the Task Force, and require the President to 
select one member of the Senate who is a member of the 
Task Force. Each selected person would serve as co-
chairperson of the Task Force.
3- 2172 Task Force Meetings; Actions
The bill would authorize the Task Force to meet at any 
time and any place within the state upon call of either co 
-chairperson.
The bill would define a quorum of the Task Force to be 
the majority of voting members, and all actions of the Task 
Force could be taken by a majority of members present when 
there is a quorum.
Payment
The bill would authorize Task Force members to be paid 
amounts for expenses, mileage, and subsistence as provided 
in state law, if approved by the Legislative Coordinating 
Council.
Staffing
The bill would require the Division of Legislative 
Administrative Services, Kansas Legislative Research 
Department, and the Office of Revisor of Statutes to provide 
assistance as requested by the Task Force.
Task Force Charge
The bill would require the Task Force to:
●Evaluate major risks to the quality and quantity of 
the state’s water supply, including any impact on 
current and future economic growth and population 
stability;
●Determine steps the state must take to define and 
achieve a future supply of water for Kansans; and
4- 2172 ●Evaluate current funding for water in the state and 
determine whether such funding is sufficient to 
address the water issues included in the State 
Water Plan, including the state’s current and future 
water infrastructure needs.
Report to the Legislature
The bill would require the Task Force to prepare and 
submit a report to the Legislature and the Governor on or 
before January 31, 2026. The report would be required to 
include:
●The water program’s long-term structure to address 
the state’s current and future water needs, 
including, but not limited to:
○The roles and responsibilities of the state, 
municipalities, and regional entities;
○How the program’s investments and 
successes should be evaluated, including 
gathering any stakeholder input; and
○Criteria to determine program investments, 
including geographic diversity of such 
investments; and
●Funding for the water program, including, but not 
limited to:
○New dedicated moneys or investments for the 
State Water Plan Fund;
○Changes to any existing fees or moneys 
dedicated to the State Water Plan Fund; and
○Any additional funding sources or tools 
necessary to ensure that the financial 
resources are adequate to address the state’s 
water issues.
5- 2172 Water Planning Work Group
Membership
The bill would require on or before June 30, 2025, the 
co-chairs of the Task Force to jointly appoint five individuals 
to the Work Group. The individuals could be members of the 
Task Force, but would not be required to be members of the 
Task Force. The bill would require the individuals to be 
attorneys, engineers, hydrologists, natural resource planners, 
or others with relevant experience with Kansas water issues.
Meetings; Purpose
The bill would require the Work Group to meet regularly 
as necessary to conduct a study of the State Water 
Resources Planning Act and develop draft legislation that 
proposes modernization of the Act.
Work Group Charge
The bill would charge the Work Group to work jointly 
with the Task Force and consider recommendations made by 
the Task Force relating to:
●How the State Water Plan is created;
●What the State Water Plan should prioritize;
●How the State Water Plan is implemented;
●How recommendations for State Water Plan 
appropriations are made to the Legislature;
●Any future studies that might be undertaken; and
●Any other related or relevant matters.
6- 2172 Payment
The bill would authorize payment for members of the 
Work Group for expenses, mileage, and subsistence as 
provide in law if approved by the Legislative Coordinating 
Council.
Staffing
The bill would require the Office of Revisor of Statutes, 
Legislative Research Department, and Division of Legislative 
Services to provide assistance as requested by the Work 
Group.
State Agencies
The bill would require any state agency or entity that is 
involved in the management or study of water in Kansas to 
provide information and support to the Work Group upon 
request.
Report to the Legislature
The bill would require the Work Group to present a 
report on the first day of the 2026 Legislative Session to the 
House Committee on Agriculture and Natural Resources, 
House Committee on Water, and Senate Committee on 
Agriculture and Natural Resources.
Task Force and Work Group Sunset
The provisions of the bill would sunset on July 1, 2027.
Effective Date
The bill would be in effect upon publication in the 
Kansas Register.
7- 2172 Background
The bill was introduced by the House Committee on 
Agriculture and Natural Resources at the request of 
Representative Rahjes.
House Committee on Agriculture and Natural Resources
In the House Committee hearing, proponent testimony 
was provided by former legislator Carolyn McGinn, on behalf 
of herself and former legislator Rich Proehl; a former 
Secretary of Transportation; and representatives of the 
Kansas Livestock Association; Kansas Municipal Utilities; 
Kansas Rural Water Association; League of Kansas 
Municipalities; and The Water Assurance Districts of Kansas. 
The proponents generally discussed the importance of water 
policy, stakeholder input, and funding for water projects 
moving forward.
Written-only proponent testimony was provided by 
representatives of Kansans for Conservation; Kansas 
Agribusiness Retailers Association and Kansas Grain and 
Feed Association; Kansas Association of Counties; Kansas 
Chamber; Kansas Cooperative Council; Kansas Farm 
Bureau; Kansas Society of Professional Engineers; and 
WaterOne.
The House Committee amended the bill to:
●Reduce the number of members of the Task Force 
from 29 to 23;
●Replace the Kansans for Conservation with the 
Kansas Association of Conservation Districts;
●Replace “state conservation district” with “local 
conservation district”; and
8- 2172 ●Clarify that the Task Force shall consist of at least 
one member from each of the five conservation 
regions of the state.
House Committee of the Whole
The House Committee of the Whole adopted a technical 
amendment to address a spelling error in the bill.
Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing, proponent testimony 
was provided by former legislator Rich Proehl, on behalf of 
himself and former legislator Carolyn McGinn, and 
representatives of the Barry Flinchbaugh Center for Ag and 
Food Policy, Kansas Municipal Utilities, League of Kansas 
Municipalities, and Water Assurance Districts of Kansas. The 
proponents generally stated that water is critical to the future 
of Kansas, and more work should be done to ensure the state 
is investing resources in vetted and effective programs that 
will lead to long-term water security.
Written-only proponent testimony was provided by a 
former Kansas Secretary of Transportation and 
representatives of Kansas Association of Conservation 
Districts, Kansas Association of Counties, Kansas Chamber, 
Kansas Cooperative Council, Kansas Farm Bureau, Kansas 
Livestock Association, Kansas Rural Water Association, and 
WaterOne.
No other testimony was provided.
The Senate Committee amended the bill to:
●Reduce the number of members of the Task Force 
from 23 to 13;
9- 2172 ●Allow for chairpersons and ranking minority 
members of certain legislative committees to 
appoint a designee for the Task Force;
●Authorize the Speaker of the House to appoint one 
member of the House of Representatives who 
does not serve on the House Committee on 
Agriculture and Natural Resources or House 
Committee on Water to the Task Force;
●Authorize the President to appoint one member of 
the Senate who does not serve on the Senate 
Committee on Agriculture and Natural Resources 
to the Task Force;
●Authorize the Speaker of the House and President 
to jointly appoint six members to the Task Force; 
and
●Establish the Water Planning Work Group, 
including membership, meetings, purpose, 
recommendations, staffing, and reporting 
requirements to the 2026 Legislature.
The Senate Committee recommended a substitute bill.
Fiscal Information
An updated fiscal note on the substitute bill was not 
immediately available.
Water; Water Program Task Force; funding
10- 2172