Kansas 2025 2025-2026 Regular Session

Kansas House Bill HB2172 Comm Sub / Analysis

Filed 03/26/2025

                    SESSION OF 2025
CONFERENCE COMMITTEE REPORT BRIEF
 SENATE SUBSTITUTE FOR HOUSE BILL NO. 2 172
As Agreed to March 25, 2025
Brief*
Senate Sub. for HB 2172 would create a 16-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 (16)
The Task Force membership would include the following voting members:
●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);
●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 
●Four members jointly appointed by the Speaker and President (4); and
●Two Kansas residents jointly appointed by the Minority Leader of the House of 
Representatives and the Minority Leader of the Senate (2).
____________________
*Conference committee report briefs are prepared by the Legislative Research Department and do not express 
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee 
report briefs may be accessed on the Internet at https://klrd.gov/
1 - 2172  The Task Force membership would also include the following non-voting ex officio 
members:
●The director of the Bureau of Water, Division of Environment, Kansas Department of 
Health and Environment (1);
●The director of the Kansas Water Office (1); and
●The Chief Engineer of the Division of Water Resources, Kansas Department of 
Agriculture (1).
Task Force Requirements
Stakeholder Representation
The bill would require each non-legislative voting 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;
●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 and the Task 
Force to consist of at least one member from each of the five conservation regions of the state. 
No more than two members of the Task Force, who are not members of the Legislature, could 
represent the same stakeholder listed above.
2 - 2172  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.
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
3 - 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 preliminary report on or 
before January 31, 2026, and a final report on or before January 31, 2027, to the:
●House Committee on Agriculture and Natural Resources;
●House Committee on Water;
●Senate Committee on Agriculture and Natural Resources; and
●The Governor.
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.
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.
4 - 2172  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 (Act) and develop draft legislation that proposes 
modernization of the Act.
Work Group Charge
The bill would charge the Work Group to work under the direction of the Task Force and 
submit ongoing reports to 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.
Payment
The bill would authorize payment for members of the Work Group for expenses, mileage, 
and subsistence as provided in state 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.
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.
5 - 2172  Conference Committee Action
The Conference Committee agreed to Senate Sub. for HB 2172, as recommended by the 
Senate Committee on Agriculture and Natural Resources, with the following amendments:
●Clarify that no more than two members of the Task Force, who are not members of 
the Legislature, may represent the same stakeholder group;
●Require the Task Force to submit a preliminary report on or before January 31, 2026, 
and a final report on or before January 31, 2027, to certain legislative committees and 
the Governor;
●Clarify the Work Group works under the direction of the Task Force and require the 
Work Group to submit ongoing reports to the Task Force;
●Add three non-voting ex officio members to the Task Force;
●Authorize the Minority Leaders of the House of Representatives and Senate to jointly 
appoint two Kansas residents to the Task Force and decrease the appointees jointly 
appointed by the Speaker of the House and President of the Senate by two; and
●Make conforming and technical amendments.
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 [ Note: The 
Conference Committee did not retain this amendment.];
●Replace the Kansans for Conservation with the Kansas Association of Conservation 
Districts [Note: The Conference Committee retained this amendment.];
6 - 2172  ●Replace “state conservation district” with “local conservation district” [Note: The 
Conference Committee retained this amendment.]; and
●Clarify that the Task Force shall consist of at least one member from each of the five 
conservation regions of the state. [Note: The Conference Committee retained this 
amendment.]
House Committee of the Whole
The House Committee of the Whole adopted a technical amendment to address a spelling 
error in the bill. [Note: The Conference Committee retained this amendment.]
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;
●Allow for chairpersons and ranking minority members of certain legislative 
committees to appoint a designee for the Task Force [Note: The Conference 
Committee retained this amendment.];
●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 [Note: The 
Conference Committee retained this amendment.];
●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 [Note: 
The Conference Committee retained this amendment.];
●Authorize the Speaker of the House and President to jointly appoint six members to 
the Task Force [Note: The Conference Committee did not retain this amendment.]; 
and
7 - 2172  ●Establish the Water Planning Work Group, including membership, meetings, purpose, 
recommendations, staffing, and reporting requirements to the 2026 Legislature. 
[Note: The Conference Committee retained this amendment.]
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; State Water Plan; funding
ccrb_hb2172_00_03252025.odt
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