Kansas Administrative Regulations Agency 98 - KANSAS WATER Authority
Here’s a clear overview of Kansas Administrative Regulations, Agency 98 – Kansas Water Authority (K.A.R. 98):
📘 Overview of K.A.R. Agency 98
Structure
Agency 98 covers regulations issued by the Kansas Water Office/Authority. It is organized into several Articles, each comprising multiple sections (§) as follows (law.cornell.edu, sos.ks.gov):
Article 1 – Definitions (§ 98‑1‑1 to § 98‑1‑2 revoked)
Article 2 – Public Hearings on the State Water Plan (§ 98‑2‑1 to § 98‑2‑20)
Article 4 – Weather Modification (§ 98‑4‑1 to § 98‑4‑10 revoked in part)
Article 5 – State Water Plan Storage (§ 98‑5‑1 to § 98‑5‑9)
Article 6 – Water Assurance Program (§ 98‑6‑1 to § 98‑6‑4)
Article 7 – Lower Smoky Hill Water Supply Access Program (§ 98‑7‑1 to § 98‑7‑6)
Article 8 – Easement Authority on Navigable Rivers (§ 98‑8‑1 to § 98‑8‑3)
🔍 Sample Section Insights
Article 1 – Definitions (§ 98‑1‑1)
Section 98‑1‑1 provides foundational definitions used throughout Agency 98. Key definitions include (law.cornell.edu, regulations.vlex.com, regulations.justia.com, law.cornell.edu, regulations.justia.com):
“Assignment” – Transfer of rights or obligations under a water purchase contract.
“Authority” – Means the Kansas Water Authority.
“Conservation storage water supply capacity” – Reservoir space acquired by the state for storage.
“Cooperating landowner” – Person seeking an easement on a navigable river.
“Discharge” – Water flow measured per unit of time.
“Drought having a two percent chance…” – Statistically a 1-in-50‑year drought.
Plus additional terms such as “Director,” “Designated representative,” and “Industrial use.”
Article 2 – Public Hearings (§ 98‑2‑1)
This section lays out the requirements for public hearings on the State Water Plan:
Notices must be sent to statutorily specified agencies and other interested parties.
Must be published at least twice in the Kansas Register, with the first notice appearing no more than two months before the hearing date. (law.cornell.edu, regulations.justia.com, law.cornell.edu)
Article 5 – Rate for Surplus Water (§ 98‑5‑7)
This regulation covers pricing for surplus State Water Plan Storage water:
No charge for water reserved for streamflow or reservoir management.
Surplus water pricing follows rates set by statute, with purchasers responsible for at least 50% of their contract quantity.
Rates are updated annually on January 1, in accordance with § 98‑5‑6. (regulations.justia.com)
🛠️ Effective & Current Status
Many sections date back to Jan 1, 1966, with substantive amendments in Aug 2013 (law.cornell.edu).
The definitions are officially current through March 27, 2025 (Kansas Register Vol. 44, No. 13) (regulations.justia.com).
For the latest version of any section, it’s best to consult the current Kansas Register, the online K.A.R. supplement, or the Kansas Secretary of State’s official site (sos.ks.gov).
✅ In Summary
Agency 98 governs water-related authority and programs in Kansas.
It defines core terms, details public hearing procedures, regulates weather modification, storage, assurance programs, and river easements.
Key sections include definitions, hearing notices, and water rate updates—all currently in force as of early 2025.
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