KS
Kansas Senate Bill SB58

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB58 Compare Versions

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1+Session of 2025
12 SENATE BILL No. 58
2-AN ACT concerning water; relating to multi-year flex accounts; modifying the
3-requirements for and authorized allocations from such accounts; amending K.S.A.
4-2024 Supp. 82a-736 and repealing the existing section.
3+By Committee on Agriculture and Natural Resources
4+1-22
5+AN ACT concerning water; relating to multi-year flex accounts; modifying
6+the requirements for and authorized allocations from such accounts;
7+amending K.S.A. 2024 Supp. 82a-736 and repealing the existing
8+section.
59 Be it enacted by the Legislature of the State of Kansas:
6-Section 1. K.S.A. 2024 Supp. 82a-736 is hereby amended to read
7-as follows: 82a-736. (a) It is hereby recognized that an opportunity
8-exists The chief engineer is authorized to establish multi-year flex
9-accounts to improve water management by enabling multi-year
10-flexibility in the use of water authorized to be diverted under a
11-groundwater water right, provided that if such flexibility neither
12-impairs existing water rights, nor increases the total amount of water
13-diverted, so that such flexibility has no long-term negative effect on the
14-source of supply. It is therefore declared necessary and advisable to
15-permit the establishment of multi-year flex accounts for groundwater
16-water rights, together with commensurate protections for existing water
17-rights and their source of supply.
10+Section 1. K.S.A. 2024 Supp. 82a-736 is hereby amended to read as
11+follows: 82a-736. (a) It is hereby recognized that an opportunity exists The
12+chief engineer is authorized to establish multi-year flex accounts to
13+improve water management by enabling multi-year flexibility in the use of
14+water authorized to be diverted under a groundwater water right, provided
15+that if such flexibility neither impairs existing water rights, nor increases
16+the total amount of water diverted, so that such flexibility has no long-term
17+negative effect on the source of supply. It is therefore declared necessary
18+and advisable to permit the establishment of multi-year flex accounts for
19+groundwater water rights, together with commensurate protections for
20+existing water rights and their source of supply.
1821 (b) As used in this section:
1922 (1) "Alternative base average usage" means an allocation based on
20-net irrigation requirements calculated pursuant to subsection (c)(1)(D)
21-(ii) that may be used in place of the base average usage.
22-(2) "Base water right" means a water right under which an
23-applicant applies to the chief engineer to establish a multi-year flex
24-account and where all of the following conditions exist that is vested or
25-has been issued a certificate of appropriation and:
26-(A) The water right's authorized source of supply is groundwater;
27-and
23+net irrigation requirements calculated pursuant to subsection (c)(1)(D)(ii)
24+that may be used in place of the base average usage.
25+(2) "Base water right" means a water right under which an applicant
26+applies to the chief engineer to establish a multi-year flex account and
27+where all of the following conditions exist that is vested or has been
28+issued a certificate of appropriation and:
29+(A) The water right's authorized source of supply is groundwater; and
2830 (B) the water right is not currently the subject of to a multi-year
2931 allocation due to a change approval that allows an expansion of the
30-authorized place of use pursuant to any other program or order issued
31-by the chief engineer;
32+authorized place of use pursuant to any other program or order issued by
33+the chief engineer;
3234 (C) the water right is not subject to any order issued by the chief
3335 engineer pursuant to K.S.A. 82a-703a, 82a-706b or 82a-717a, and
3436 amendments thereto;
3537 (D) neither the water right nor any portion thereof has been
36-deposited or placed in a safe deposit account in a chartered water
37-bank;
38+deposited or placed in a safe deposit account in a chartered water bank;
3839 (E) the water right is not deemed abandoned and is in compliance
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3976 with all provisions of any order of the chief engineer; and
40-(F) the chief engineer determines that no other conditions exist
41-that make establishment of a multi-year flex account for such water
42-right contrary to the public interest.
43-(3)(2) "Multi-year flex account" means a term permit for up to
44-five years that suspends a base water right during its term, except when
45-the term permit may be no longer exercised because of an order of the
46-chief engineer, and is subject to the terms and conditions as provided in
77+(F) the chief engineer determines that no other conditions exist that
78+make establishment of a multi-year flex account for such water right
79+contrary to the public interest.
80+(3)(2) "Multi-year flex account" means a term permit for up to five
81+years that suspends a base water right during its term, except when the
82+term permit may be no longer exercised because of an order of the chief
83+engineer, and is subject to the terms and conditions as provided in
4784 subsection (e).
4885 (4) "Base average usage" means:
49-(A) The average amount of water actually diverted for the
50-authorized beneficial use under the base water right during calendar
51-years 2000 through 2009, excluding:
52-(i) Any amount diverted in any such year that exceeded the
53-amount authorized by the base water right;
86+(A) The average amount of water actually diverted for the authorized
87+beneficial use under the base water right during calendar years 2000
88+through 2009, excluding:
89+(i) Any amount diverted in any such year that exceeded the amount
90+authorized by the base water right;
5491 (ii) any amount applied to an unauthorized place of use; and
5592 (iii) diversions in calendar years when water was diverted under a
56-multi-year allocation with an expansion of the authorized place of use
57-due to a change approval;
58-(B) if water use records are inadequate to accurately determine
59-actual water use or upon demonstration of good cause by the applicant,
60-the chief engineer may calculate the base average usage with less than SENATE BILL No. 58—page 2
61-all 10 calendar years during 2000 and 2009. In no case shall the base
62-average usage be calculated with less than five calendar years during
63-2000 and 2009; or
64-(C) if the holder of the base water right shows to the satisfaction
65-of the chief engineer that water conservation reduced water use under
66-the base water right during calendar years 2000 through 2009, then the
67-base average usage shall be calculated with the five calendar years
68-immediately before the calendar year when water conservation began.
69-(5) "Chief engineer" means the chief engineer of the division of
70-water resources of the department of agriculture.
93+multi-year allocation with an expansion of the authorized place of use due
94+to a change approval;
95+(B) if water use records are inadequate to accurately determine actual
96+water use or upon demonstration of good cause by the applicant, the chief
97+engineer may calculate the base average usage with less than all 10
98+calendar years during 2000 and 2009. In no case shall the base average
99+usage be calculated with less than five calendar years during 2000 and
100+2009; or
101+(C) if the holder of the base water right shows to the satisfaction of
102+the chief engineer that water conservation reduced water use under the
103+base water right during calendar years 2000 through 2009, then the base
104+average usage shall be calculated with the five calendar years immediately
105+before the calendar year when water conservation began.
106+(5) "Chief engineer" means the chief engineer of the division of water
107+resources of the department of agriculture.
71108 (6) "Flex account acreage" means the maximum number of acres
72109 lawfully irrigated during a calendar year, except for any acres irrigated
73110 under a multi-year allocation that allowed for an expansion of the
74-authorized place of use due to a change approval and any of the
75-following conditions are met:
111+authorized place of use due to a change approval and any of the following
112+conditions are met:
76113 (A) The calendar year is 2000 through 2009;
77114 (B) if water conservation reduced water use under the base water
78-right during calendar years 2000 through 2009, the calendar year is a
79-year within the five calendar years immediately prior to the calendar
80-year when water conservation began; or
115+right during calendar years 2000 through 2009, the calendar year is a year
116+within the five calendar years immediately prior to the calendar year when
117+water conservation began; or
81118 (C) if an application to appropriate water was approved after
82-December 31, 2004, the calendar year is any during the perfection
83-periodand assigns a multi-year quantity allocation to such base water
84-right in place of the base water right's annual quantity limitation for
85-the duration of the term permit.
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162+December 31, 2004, the calendar year is any during the perfection period
163+and assigns a multi-year quantity allocation to such base water right in
164+place of the base water right's annual quantity limitation for the duration
165+of the term permit.
86166 (7)(3) "Net irrigation requirement" means the net irrigation
87-requirement for 50% chance rainfall of the county that corresponds
88-with the location of the authorized place of use of the base water right
89-as provided in K.A.R. 5-5-12, on the effective date of this act.
90-(c) (1) Except as provided in K.S.A. 2024 Supp. 82a-774 and
91-section 1 of chapter 76 of the 2023 Session Laws of Kansas, and
92-amendments thereto, any holder of a base water right that has not been
93-deposited or placed in a safe deposit account in a chartered water
94-bankAny holder of a base water right may establish a multi-year flex
95-account where the holder may deposit, in advance, the authorized
96-quantity of water from such a base water right for any in advance for a
97-period of up to five consecutive calendar years, except when the chief
98-engineer determines a shorter period is necessary for compliance with a
99-local enhanced management area or an intensive groundwater use
100-control area and the corrective controls in the area do not prohibit the
101-use of multi-year flex accounts, and subject to all of the following:
167+requirement for 50% chance rainfall of the county that corresponds with
168+the location of the authorized place of use of the base water right as
169+provided in K.A.R. 5-5-12, on the effective date of this act.
170+(c) (1) Except as provided in K.S.A. 2024 Supp. 82a-774 and section
171+1 of chapter 76 of the 2023 Session Laws of Kansas, and amendments
172+thereto, any holder of a base water right that has not been deposited or
173+placed in a safe deposit account in a chartered water bankAny holder of a
174+base water right may establish a multi-year flex account where the holder
175+may deposit, in advance, the authorized quantity of water from such a
176+base water right for any in advance for a period of up to five consecutive
177+calendar years, except when the chief engineer determines a shorter period
178+is necessary for compliance with a local enhanced management area or an
179+intensive groundwater use control area and the corrective controls in the
180+area do not prohibit the use of multi-year flex accounts, and subject to all
181+of the following:
102182 (A) The water right must be vested or shall have been issued a
103183 certificate of appropriation;
104184 (B) the withdrawal of water pursuant to the water right shall be
105185 properly and adequately metered;
106186 (C) the water right is not deemed abandoned and is in compliance
107187 with the terms and conditions of its certificate of appropriation, all
108188 applicable provisions of law and orders of the chief engineer;
109189 (D). Each multi-year flex account shall meet the following
110190 requirements:
111191 (1) The amount of water deposited in the multi-year flex account
112192 shall not exceed the greatest of the following:
113193 (i) 500% of the base average usage;
114194 (ii) 500% of the product of the annual net irrigation requirement
115195 multiplied by the flex account base water right's authorized acreage,
116196 multiplied by 110%, but and such amount shall not greater than exceed
117197 five times the maximum annual quantity authorized by the base water
118198 right;
119-(iii) if the authorized place of use is located wholly within the SENATE BILL No. 58—page 3
120-boundaries of a groundwater management district, an amount that shall
121-not increase the long-term average use of the groundwater right as
122-specified by rule or regulation promulgated pursuant to K.S.A. 82a-
123-1028(o), and amendments thereto; or
124-(iv) pursuant to subparagraph (F), the amount computed in (i), (ii)
125-or (iii) plus any deposited water remaining in a multi-year flex account
126-up to 100% of the base average usage or alternative base average
127-usage;
199+(iii) if the authorized place of use is located wholly within the
200+boundaries of a groundwater management district, an amount that shall not
201+increase the long-term average use of the groundwater right as specified by
202+rule or regulation promulgated pursuant to K.S.A. 82a-1028(o), and
203+amendments thereto; or
204+(iv) pursuant to subparagraph (F), the amount computed in (i), (ii) or
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248+(iii) plus any deposited water remaining in a multi-year flex account up to
249+100% of the base average usage or alternative base average usage;
128250 (E) if the multi-year flex account is approved for less than five
129251 calendar years, the amount of water deposited in the multi-year flex
130-account shall be prorated based on the number of calendar years
131-approved and otherwise calculated as required by subsection (c)(1)(D)
132-(i), (ii) or (iii); and
133-(F) any deposited water remaining in a multi-year flex account up
134-to 100% of the base average usage or alternative base average usage
135-may be added to the deposit amount calculated in subparagraph (D) if
136-the base water right is enrolled in another multi-year flex account
137-during the calendar year in which the existing multi-year flex account
138-expires. The total amount of water deposited in any multi-year flex
139-account shall not exceed 500% of the authorized quantity of the base
140-water right.
141-(2) The provisions of K.A.R. 5-5-11 are limited to changes in
142-annual authorized quantity and shall not apply to this subsection.
143-(d) The chief engineer shall implement a program providing for
144-the issuance of term permits to holders of groundwater water rights
145-who have established flex accounts in accordance with this section.
146-Such term permits shall authorize the use of water in a flex account at
147-any time during the consecutive calendar years for which the
148-application for the term permit authorizing a multi-year flex account is
149-made, without annual limits on such use.
150-(e) Term permits provided for by this section shall be subject to
151-the following:
252+account shall be prorated based on the number of calendar years approved
253+and otherwise calculated as required by subsection (c)(1)(D)(i), (ii) or (iii);
254+and
255+(F) any deposited water remaining in a multi-year flex account up to
256+100% of the base average usage or alternative base average usage may be
257+added to the deposit amount calculated in subparagraph (D) if the base
258+water right is enrolled in another multi-year flex account during the
259+calendar year in which the existing multi-year flex account expires. The
260+total amount of water deposited in any multi-year flex account shall not
261+exceed 500% of the authorized quantity of the base water right.
262+(2) The provisions of K.A.R. 5-5-11 are limited to changes in annual
263+authorized quantity and shall not apply to this subsection.
264+(d) The chief engineer shall implement a program providing for the
265+issuance of term permits to holders of groundwater water rights who have
266+established flex accounts in accordance with this section. Such term
267+permits shall authorize the use of water in a flex account at any time
268+during the consecutive calendar years for which the application for the
269+term permit authorizing a multi-year flex account is made, without annual
270+limits on such use.
271+(e) Term permits provided for by this section shall be subject to the
272+following:
152273 (1) A separate term permit shall be required for each point of
153274 diversion authorized by the base water right.
154-(2) The quantity of water authorized for diversion shall be limited
155-to the amount deposited pursuant to subsection (c)(1)(D).
156-(3) The rate of diversion for each point of diversion authorized
157-under the term permit shall not exceed the rate of diversion for each
158-point of diversion authorized under the base water right.
275+(2) The quantity of water authorized for diversion shall be limited to
276+the amount deposited pursuant to subsection (c)(1)(D).
277+(3) The rate of diversion for each point of diversion authorized under
278+the term permit shall not exceed the rate of diversion for each point of
279+diversion authorized under the base water right.
159280 (4) The authorized place of use shall be the place of use or a
160-subdivision of the place of use for the base water right. Any approval of
161-an application to change the place of use of the base water right shall
281+subdivision of the place of use for the base water right. Any approval of an
282+application to change the place of use of the base water right shall
162283 automatically result in a change to the place of use for the term permit.
163284 (5) The point of diversion authorized by the term permit shall be
164285 specified by referencing one point of diversion authorized by the base
165-water right at the time the multi-year flex account term permit
166-application is filed with the chief engineer or at the time any approvals
167-changing such referenced point of diversion of the base water right are
168-approved during the multi-year flex account period. For a base water
169-right with multiple points of diversion, each point of diversion
170-authorized by a term permit shall receive a specific assignment of a
171-maximum authorized quantity of water, assigned proportionately to the
172-authorized annual quantities of the respective points of diversion under
173-the base water right.
174-(6) The chief engineer may establish, by rules and regulations,
175-criteria for such term permits.
286+water right at the time the multi-year flex account term permit application
287+is filed with the chief engineer or at the time any approvals changing such
288+referenced point of diversion of the base water right are approved during
289+the multi-year flex account period. For a base water right with multiple
290+points of diversion, each point of diversion authorized by a term permit
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334+shall receive a specific assignment of a maximum authorized quantity of
335+water, assigned proportionately to the authorized annual quantities of the
336+respective points of diversion under the base water right.
337+(6) The chief engineer may establish, by rules and regulations, criteria
338+for such term permits.
176339 (7) Except as explicitly provided for by this section, such term
177-permits shall be subject to all provisions of the Kansas water
178-appropriation act, and rules and regulations adopted under such act, and SENATE BILL No. 58—page 4
179-nothing in this section shall authorize impairment of any vested right or
180-prior appropriation right by the exercise of such term permit.
181-(f) An(2) for each multi-year flex account that overlaps in place
182-of use with other water rights, including other multi-year flex accounts
183-or other term permits, the multi-year flex account's authorized quantity
184-shall be further limited by the net irrigation requirement for the
185-common place of use when combined with the quantities authorized by
186-the overlapping water rights or term permits;
187-(3) a separate multi-year flex account application shall be
188-required for each point of diversion authorized by the base water right;
189-(4) the authorized rate of diversion of each multi-year flex
190-account shall be the maximum authorized rate of diversion for the
191-point of diversion authorized by the base water right; and
340+permits shall be subject to all provisions of the Kansas water appropriation
341+act, and rules and regulations adopted under such act, and nothing in this
342+section shall authorize impairment of any vested right or prior
343+appropriation right by the exercise of such term permit.
344+(f) An(2) for each multi-year flex account that overlaps in place of
345+use with other water rights, including other multi-year flex accounts or
346+other term permits, the multi-year flex account's authorized quantity shall
347+be further limited by the net irrigation requirement for the common place
348+of use when combined with the quantities authorized by the overlapping
349+water rights or term permits;
350+(3) a separate multi-year flex account application shall be required
351+for each point of diversion authorized by the base water right;
352+(4) the authorized rate of diversion of each multi-year flex account
353+shall be the maximum authorized rate of diversion for the point of
354+diversion authorized by the base water right; and
192355 (5) the authorized point of diversion and place of use shall be the
193-point of diversion and place of use for the base water right. Any
194-approval of an application to change the point of diversion or place of
195-use of the base water right shall automatically result in a change to the
196-point of diversion or place of use for the multi-year flex account.
197-(d) Each application for a multi-year flex account shall be filed
198-with the chief engineer on or before December 31 of the first year of
199-the multi-year flex account term for which the application is being
200-made. Such application shall be subject to the same fee required for
201-other term permits pursuant to K.S.A. 82a-708c, and amendments
202-thereto.
203-(e) If there is deposited water remaining in a multi-year flex
204-account upon the expiration of such account's term, an amount of
205-water not to exceed the lesser of the annual net irrigation requirement
206-for the base water right's authorized acres or the base water right's
207-authorized annual quantity may be added to the deposit amount
208-determined in paragraph (c)(1) for a subsequent multi-year flex
209-account term if such addition does not result in the multi-year
210-allocation for the subsequent multi-year flex account term exceeding
211-the base water right's authorized annual quantity multiplied by the
212-number of years of the subsequent multi-year flex account term and the
213-base water right is enrolled in the subsequent multi-year flex account
214-during the calendar year in which the existing multi-year flex account
215-term expires.
356+point of diversion and place of use for the base water right. Any approval
357+of an application to change the point of diversion or place of use of the
358+base water right shall automatically result in a change to the point of
359+diversion or place of use for the multi-year flex account.
360+(d) Each application for a multi-year flex account shall be filed with
361+the chief engineer on or before December 31 of the first year of the multi-
362+year flex account term for which the application is being made. Such
363+application shall be subject to the same fee required for other term permits
364+pursuant to K.S.A. 82a-708c, and amendments thereto.
365+(e) If there is deposited water remaining in a multi-year flex account
366+upon the expiration of such account's term, an amount of water not to
367+exceed the lesser of the annual net irrigation requirement for the base
368+water right's authorized acres or the base water right's authorized annual
369+quantity may be added to the deposit amount determined in paragraph (c)
370+(1) for a subsequent multi-year flex account term if such addition does not
371+result in the multi-year allocation for the subsequent multi-year flex
372+account term exceeding the base water right's authorized annual quantity
373+multiplied by the number of years of the subsequent multi-year flex
374+account term and the base water right is enrolled in the subsequent multi-
375+year flex account during the calendar year in which the existing multi-
376+year flex account term expires.
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216420 (f) Except as otherwise provided in this section, multi-year flex
217421 accounts shall be subject to all provisions of the Kansas water
218422 appropriation act and any rules and regulations adopted thereunder.
219-(g) All costs of administration of this section shall be paid from
220-fees for term permits provided for by this section the water
221-appropriation certification fund when moneys are available in such
222-fund. Any appropriation or transfer from any fund other than the water
223-appropriation certification fund for the purpose of paying such costs
224-shall be repaid to the fund from where such appropriation or transfer is
225-made. At the time of repayment, the secretary of agriculture shall
226-certify to the director of accounts and reports the amount to be repaid
227-and the fund to be repaid. Upon receipt of such certification, the
228-director of accounts and reports shall promptly transfer the amount
229-certified to the specified fund.
423+(g) All costs of administration of this section shall be paid from fees
424+for term permits provided for by this section the water appropriation
425+certification fund when moneys are available in such fund. Any
426+appropriation or transfer from any fund other than the water appropriation
427+certification fund for the purpose of paying such costs shall be repaid to
428+the fund from where such appropriation or transfer is made. At the time of
429+repayment, the secretary of agriculture shall certify to the director of
430+accounts and reports the amount to be repaid and the fund to be repaid.
431+Upon receipt of such certification, the director of accounts and reports
432+shall promptly transfer the amount certified to the specified fund.
230433 (h) The fee for a multi-year flex account term permit shall be the
231434 same as specified for other term permits in K.S.A. 82a-708c, and
232435 amendments thereto.
233436 (i) The chief engineer shall have full authority pursuant to K.S.A.
234437 82a-706c, and amendments thereto, to require any additional measuring
235-devices and any additional reporting of water use for term permits
236-issued pursuant to this section. Failure to comply with any measuring
237-or reporting requirement may result in a penalty, up to and including SENATE BILL No. 58—page 5
238-the revocation of the term permit and the suspension of the base water
239-right for the duration of the term permit period may adopt rules and
240-regulations to implement, administer and enforce this section.
438+devices and any additional reporting of water use for term permits issued
439+pursuant to this section. Failure to comply with any measuring or reporting
440+requirement may result in a penalty, up to and including the revocation of
441+the term permit and the suspension of the base water right for the duration
442+of the term permit period may adopt rules and regulations to implement,
443+administer and enforce this section.
241444 (j)(i) The chief engineer shall submit a written report on the
242445 implementation of this section to the house standing committee
243-committees on agriculture and natural resources and water and the
244-senate standing committee on agriculture and natural resources or any
245-successor committees on or before February 1 of each year January 15,
246-2029, and every four years thereafter.
247-(k)(j) This section shall be a part of and supplemental to the
248-Kansas water appropriation act.
446+committees on agriculture and natural resources and water and the senate
447+standing committee on natural resources or any successor committees on
448+or before February 1 of each year, 2028, and every three years thereafter.
449+(k)(j) This section shall be a part of and supplemental to the Kansas
450+water appropriation act.
249451 Sec. 2. K.S.A. 2024 Supp. 82a-736 is hereby repealed.
250452 Sec. 3. This act shall take effect and be in force from and after its
251453 publication in the statute book.
252-I hereby certify that the above BILL originated in the
253-SENATE, and passed that body
254-_________________________
255- _________________________
256-President of the Senate.
257-_________________________
258-Secretary of the Senate.
259-
260-Passed the HOUSE ________________________
261- _________________________
262-Speaker of the House.
263-_________________________
264-Chief Clerk of the House.
265-APPROVED ____________________________
266-_________________________
267-Governor.
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