SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE BILL NO. 58
As Amended by Senate Committee on
Agriculture and Natural Resources
Brief*
SB 58, as amended, would make various changes to
multi-year flex accounts (MYFAs).
[Note: A MYFA allows a water right holder to obtain a
five-year term permit that allows the water right holder to
exceed the holder’s yearly authorized quantity of water as
long as the total pumping over the five-year period does not
exceed the five-year authorized quantity. Enrollment in a
MYFA is voluntary, and at the end of the five-year term, the
water right returns to its original conditions unless the MYFA
is voluntarily extended.]
Definitions
The bill would remove current definitions in the MYFA
law for “alternative base average use,” “base average use,”
“chief engineer,” and “flex account acreage.”
The bill would amend two definitions in continuing law:
●“Base water right” would mean a water right that is
vested or has been issued a certificate of
appropriation (continuing law), and:
○The water right’s authorized source of supply
is groundwater (continuing law);
____________________
*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/ ○The water right is not subject to a multi-year
allocation pursuant to any other program or
order issued by the Chief Engineer;
○The water right is not subject to any order
issued by the Chief Engineer pursuant to
orders regarding minimum streamflow,
prohibited diversion of water, or diversion by
common-law claimants;
○Neither the water right nor any portion thereof
has been deposited or placed in a safe
deposit account in a chartered water bank;
○The water right is not deemed abandoned and
is in compliance with all provisions of any
order of the Chief Engineer; and
○The Chief Engineer determines that no other
conditions make establishment of a MYFA for
such water right contrary to the public interest;
and
●“Multi-year flex account” would mean a term permit
for up to five years that suspends a base water
right and assigns a multi-year quantity allocation to
such base water right in place of the base water
right’s annual quantity limitation for the duration of
the term permit.
MYFA Term Length
The bill would clarify that any holder of a base water
right may establish a MYFA where the holder may deposit
water from a base water right in advance of a period of up to
five consecutive years.
Quantity Allocation Calculation
The bill would establish that the amount of water
deposited in the MYFA could not exceed 500 percent of the
product of the annual net irrigation requirement, multiplied by
2- 58 the base water right’s authorized acreage irrigated, multiplied
by 110 percent. This amount could not exceed five times the
maximum annual quantity authorized by the base water right.
Costs of the Program
The bill would change the revenue source for the costs
of MYFA administration to be paid from MYFA fees to the
Water Appropriate Certification Fund, as moneys are
available.
Removal of Additional Requirements and Penalties
The bill would remove the Chief Engineer’s authority to
require additional measuring devices, require certain reports
of water use, and assess penalties.
Report to the Legislature
The bill would remove the requirement for the Chief
Engineer to submit a report on MYFAs to specified
committees of the Legislature each year, and instead require
the Chief Engineer to submit a report on MYFAs on or before
January 15, 2029, and every four years thereafter.
Other Changes
The bill would make numerous technical and conforming
amendments and reorganize various parts of the statute.
Background
The bill was introduced by the Senate Committee on
Agriculture at the request of Senator Titus.
3- 58 Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing, proponent testimony
was provided by representatives of the Kansas Department of
Agriculture and Kansas Livestock Association. The
proponents stated the changes made by the bill would greatly
simplify the water allocation calculations overall and decrease
the amount of time needed to both file and process MYFA
applications.
Written-only proponent testimony was provided by a
representative of the Kansas Farm Bureau.
Neutral testimony was provided by a representative of
Big Bend Groundwater Management District No. 5, who
stated that while the district supports MYFAs generally, the
district has concerns about providing too much flexibility that
could be counterproductive to the purpose of the program.
No other testimony was provided.
The Senate Committee amended to the bill to:
●Change the date the Chief Engineer would be
required to submit a report on MYFAs to certain
legislative committees from February 1, 2028, to
January 15, 2029;
●Increase the number of years between the required
submission of the report on MYFAs from three to
four; and
●Make a technical amendment.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Department
4- 58 of Agriculture and Kansas Water Office indicate enactment of
the bill would have no fiscal effect.
Water; multi-year flex accounts; water appropriation; Division of Water Resources,
Kansas Department of Agriculture
5- 58