Kansas House passes “use it or loose it” water rights amendment

By Patrick Clement - Signal Editor
Posted Feb 13, 2012 @ 04:27 PM
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The Kansas House of Representatives passed the HB 2451 amendment last Thursday (124-0) and amends K.S.A. 2011 Supp. 82a-718 which governs water usage rights in Kansas and the Ogallala Aquifer.

The House bill, if passed as is, would create a five-year period of abandonment before water right revocation could be determined. The bill reads:

All appropriations of water must be for some beneficial purpose. Every water right of every kind shall be deemed abandoned and shall terminate when without due and sufficient cause no lawful, beneficial use is henceforth made of water under such right for five successive years. Before any water right shall be declared abandoned and terminated the chief engineer shall conduct a hearing thereon. Notice shall be served on the user at least 30 days before the date of the hearing.

“This is an important change to the current statute for removing barriers to conserve water from the Ogallala Aquifer,” said Representative Hoffman, a member of the Committee on Agriculture and Natural Resources, the sponsor of the bill. “I am pleased with the passage of the bill, and I look forward to working on agriculture issues that benefit Kansas throughout session.”

The bill has moved to the Senate and a hearing was held Tuesday morning.You can follow the progress of the bill here:

http://www.kslegislature.org/li/b2011_12/measures/hb2451/

The Kansas House of Representatives passed the HB 2451 amendment last Thursday (124-0) and amends K.S.A. 2011 Supp. 82a-718 which governs water usage rights in Kansas and the Ogallala Aquifer.

The House bill, if passed as is, would create a five-year period of abandonment before water right revocation could be determined. The bill reads:

All appropriations of water must be for some beneficial purpose. Every water right of every kind shall be deemed abandoned and shall terminate when without due and sufficient cause no lawful, beneficial use is henceforth made of water under such right for five successive years. Before any water right shall be declared abandoned and terminated the chief engineer shall conduct a hearing thereon. Notice shall be served on the user at least 30 days before the date of the hearing.

“This is an important change to the current statute for removing barriers to conserve water from the Ogallala Aquifer,” said Representative Hoffman, a member of the Committee on Agriculture and Natural Resources, the sponsor of the bill. “I am pleased with the passage of the bill, and I look forward to working on agriculture issues that benefit Kansas throughout session.”

The bill has moved to the Senate and a hearing was held Tuesday morning.You can follow the progress of the bill here:

http://www.kslegislature.org/li/b2011_12/measures/hb2451/

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