82a-1036. Initiation of proceedings for designation of intensive groundwater use control areas; duties of chief engineer; findings. Whenever a groundwater management district recommends the same or whenever a petition signed by not less than three hundred (300) or by not less than five percent (5%) of the eligible voters of a groundwater management district, whichever is less, is submitted to the chief engineer, the chief engineer shall initiate, as soon as practicable thereafter, proceedings for the designation of a specifically defined area within such district as an intensive groundwater use control area. The chief engineer upon his or her own investigation may initiate such proceedings whenever said chief engineer has reason to believe that any one or more of the following conditions exist in a groundwater use area which is located outside the boundaries of an existing groundwater management district: (a) Groundwater levels in the area in question are declining or have declined excessively; or (b) the rate of withdrawal of groundwater within the area in question equals or exceeds the rate of recharge in such area; or (c) preventable waste of water is occurring or may occur within the area in question; (d) unreasonable deterioration of the quality of water is occurring or may occur within the area in question; or (e) other conditions exist within the area in question which require regulation in the public interest.
History: L. 1978, ch. 437, ยง 2; July 1.
Law Review and Bar Journal References:
"Kansas Groundwater Management Districts," John C. Peck, 29 K.L.R. 51, 57, 82 (1980).
"Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 75, 145, 146 (1986).
"A State Agency's Role in Protecting Groundwater Quality," Leland E. Rolfs, 35 K.L.R. 419, 424 (1987).
"High Noon on the Ogallala Aquifer: Agriculture Does Not Live by Farmland Preservation Alone," Myrl L. Duncan, 27 W.L.J. 16, 77 (1987).
"Loss of Water Rights for Non-Use," John C. Peck and Constance Crittenden Owen, 43 K.L.R. 801 (1995).
"Title and Related Considerations in Conveying Kansas Water Rights," John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).
"Assessing the Quality of a Water Right," John C. Peck, 70 J.K.B.A. No. 5, 26 (2001).
"Property Rights in Groundwater - Some Lessons from the Kansas Experience," John C. Peck, XII Kan. J.L. Pub Pol'y No. III, 493 (2003).
"Groundwater Management in GMD4: Has It Succeeded?" Wayne Bossert, 15 Kan. J.L. & Pub. Pol'y, No. 3, 541 (2006).
Attorney General's Opinions:
Power to initiate proceedings to institute intensive groundwater use control areas. 81-57.
Designation of intensive groundwater use control areas; initiation of proceedings; duties of chief engineer; findings; powers; home office. 92-97.
Designation of intensive groundwater use control areas; duties of chief engineer; findings; district powers. 93-15.
On own initiative, chief engineer may establish intensive groundwater use control area within boundaries of groundwater management district. 2002-24.
Chief engineer for division of water resources is authorized to promulgate regulations regarding intensive groundwater use control areas. 2007-32.
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