Current through Register Vol. 43, No. 39, September 26, 2024
(a) In any case in which the chief engineer
initiates proceedings for the designation of an intensive groundwater use
control area (IGUCA), an independent hearing officer shall be appointed by the
chief engineer. The independent hearing officer shall meet the following
requirements:
(1) Not have been an employee of
the department of agriculture for at least five years before the
appointment;
(2) be admitted to
practice law in this state; and
(3)
be knowledgeable by training and experience in water law and administrative
procedure.
(b)
(1) The independent hearing officer shall
conduct one or more public hearings to determine whether both of the following
conditions are met:
(A) One or more of the
circumstances specified in
K.S.A.
82a-1036, and amendments thereto,
exist.
(B) The public interest
requires that one or more corrective control provisions should be
adopted.
(2) If both of
the conditions in paragraph (b)(1) are met, the independent hearing officer
shall recommend the boundaries of the IGUCA.
(c) At the public hearing specified in
subsection (b), all of the following requirements shall be met:
(1) Documentary and oral evidence shall be
taken, and a full and complete record of the public hearing shall be
kept.
(2) The division of water
resource's (DWR's) staff shall make a proffer of the records of the division
pertaining to the proposed IGUCA and may present background, hydrologic, and
other information and an analysis of that information, concerning the area in
question.
(3) The DWR's proffer and
any other DWR presentations shall be heard first, unless the hearing officer
determines that a different order of presentation will facilitate the conduct
of the hearing.
(4) If any part of
the proposed IGUCA is within the boundaries of a groundwater management
district (GMD), a representative of that GMD shall be allowed to present the
GMD's own data, analysis, comments, provisions of the GMD's revised management
plan, regulations, and recommendations at any public hearing.
(5) Each person shall be allowed to give an
oral statement under oath or affirmation or to present documentary evidence,
including a signed written statement.
(6) At the end of the public hearing, a
reasonable opportunity for any person to submit oral or written comments
concerning the matters presented may be allowed by the hearing
officer.
(7) The hearing shall be
conducted according to the procedure specified in K.A.R. 5-14-3a. The hearing
officer shall have the discretion to use a different procedure if it
facilitates the conduct of the hearing.
(8) The independent hearing officer shall
make the following findings of fact:
(A)
Whether one or more of the circumstances specified in
K.S.A.
82a-1036, and amendments thereto, exist;
and
(B) whether the public interest
requires that one or more corrective control provisions should be
adopted.
(9) The
independent hearing officer shall transmit the findings to the chief
engineer.
(d) The
proceeding shall be concluded if the independent hearing officer finds that at
least one of the following conditions is met:
(1) None of the circumstances specified in
K.S.A.
82a-1036, and amendments thereto,
exist.
(2) The public interest does
not require that any corrective control provisions should be adopted.
(e) The procedure specified in
subsection (f) shall be followed by the chief engineer if the independent
hearing officer meets all of the following conditions:
(1) Finds that one or more of the conditions
specified in
K.S.A.
82a-1036, and amendments thereto,
exist;
(2) finds that public
interest requires that any one or more corrective control provisions should be
adopted; and
(3) recommends the
boundaries of the proposed IGUCA.
(f) If the independent hearing officer makes
the findings and recommendation specified in subsection (e), one or more public
hearings shall be conducted by the chief engineer to determine the following:
(1) What the goals of the IGUCA should
be;
(2) what corrective control
provisions should be adopted; and
(3) what the final boundaries of the IGUCA
should be.
After the hearing, the order described in
K.S.A.
82a-1038, and amendments thereto, shall be
issued by the chief engineer. The chief engineer's order shall include the
independent hearing officer's findings of fact.
(g) Notice of the public hearings held by the
independent hearing officer shall be given by regular mail and by publication,
as specified in
K.S.A.
82a-1037 and amendments thereto.
