Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 17 - WATER BANKING
Section 5-17-18 - Reimbursable and non-reimbursable costs
Universal Citation: KS Admin Regs 5-17-18
Current through Register Vol. 43, No. 12, March 20, 2024
(a) The following costs incurred by the chief engineer for assistance and services to implement the Kansas water banking act shall be reimbursable by a water bank:
(1) The cost of reviewing and approving a
proposed water bank charter;
(2)
the cost of determining the extent to which a water right is bankable and in
good standing;
(3) the cost of
reviewing an annual report filed by a water bank and conducting the analysis
necessary to determine if the water bank has complied with the terms of the
Kansas water banking act;
(4)
extra costs incurred to require water use reports to be filed earlier than
March 1, the tracking of that information, and reporting that information to a
water bank;
(5) increased costs
incurred to provide other water use and water right information to water banks
or water bank customers;
(6) the
costs to monitor and enforce the provisions of the Kansas water banking act;
(7) the costs of meetings and
other discussions with water bank officials and employees;
(8) the cost of enforcement of terms,
conditions, and limitations of term permits issued to allow withdrawal of
leased water and water from safe deposit accounts;
(9) if additional enforcement of water rights
and permits is requested by a water bank, enforcement costs that would not have
been incurred by the chief engineer in the ordinary course of business against
all water rights diverting water from within the boundaries of the water bank
to prevent overpumping; and
(10)
the cost incurred if a water bank or a water bank customer requests the chief
engineer to hold an abandonment hearing necessary to determine whether a water
right is bankable that would not have been done in the ordinary course of
business by the chief engineer at that time.
(b) The following costs incurred by the chief engineer for assistance and services to implement the Kansas water banking act shall not be reimbursable by a water bank:
(1) The cost of issuing a term permit to
allow diversion of leased water;
(2) the cost of issuing a term permit to
allow withdrawal of water from a safe deposit account;
(3) enforcement costs that the chief engineer
would have incurred in the ordinary course of business to take action against
all water rights diverting water from within the boundaries of the water bank
to prevent overpumping; and
(4)
the cost of adopting regulations to implement the act.
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