HOUSE BILL No. 2048
An Act concerning riparian buffers; amending K.S.A. 2000
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 Supp. 2-1915
is hereby amended to read as
follows: 2-1915. (a) Appropriations may be made for grants out of
in the treasury of this state for terraces, terrace outlets, check
ponds, ditches, critical area planting, grassed waterways,
ery irrigation systems, precision land forming, range seeding,
and grade stabilization structures and other enduring water
practices installed on public lands and on privately owned lands.
as provided by the multipurpose small lakes program act, any such
shall not exceed 80% of the total cost of any such practice.
(b) A program for protection of riparian
and wetland areas shall be
developed by the state conservation commission and implemented by
conservation districts. The conservation districts shall prepare
grams to address resource management concerns of water quality,
and sediment control and wildlife habitat as part of the
trict long-range and annual work plans. Preparation and
of conservation district programs shall be accomplished with
from appropriate state and federal agencies involved in resource
(c) Subject to the provisions of K.S.A.
2-1919, and amendments
thereto, any holder of a water right, as defined by subsection (g)
82a-701, and amendments thereto, who is willing to voluntarily
or a part of the water right to the state shall be eligible for a
grant not to
exceed 80% of the total cost of the purchase price for such water
The state conservation commission shall administer this cost-share
gram with funds appropriated by the legislature for such purpose.
chief engineer shall certify to the state conservation commission
water right for which application for cost-share is received under
section is eligible in accordance with the criteria established in
1919, and amendments thereto.
(d) (1) Subject to appropriation
acts therefor, the state conservation
commission shall develop the Kansas water quality buffer initiative
the purpose of restoring riparian areas using best management
The executive director of the state conservation commission shall
that the initiative is complementary to the federal conservation
(2) There is hereby created in the state
treasury the Kansas water
quality buffer initiative fund. All expenditures from such fund
made in accordance with appropriation acts upon warrants of the
of accounts and reports issued pursuant to vouchers approved by
executive director of the state conservation commission or the
director's designee. Money credited to the fund shall be used for
purpose of making grants to install water quality best management
tices pursuant to the initiative.
(3) The county or district appraiser
shall identify and map riparian
buffers consisting of at least one contiguous acre per parcel of
erty located in the appraiser's county. Notwithstanding any other
sions of law, riparian buffers shall be valued by the county or
appraiser as tame grass land, native grass land or waste land, as
priate. As used in this subsection (3), ``riparian buffer'' means
an area of
stream-side vegetation that: (A) Consists of tame or native grass
include forbs and woody plants; (B) is located along a perennial or
mittent stream, including the stream bank and adjoining floodplain;
(C) is a minimum of 66 feet wide and a maximum of
150 180 feet wide.
(e) The state conservation commission
shall adopt rules and regula-
tions to administer such grant and protection programs.
(f) Any district is authorized to make
use of any assistance whatsoever
given by the United States, or any agency thereof, or derived from
other source, for the planning and installation of such practices.
conservation commission may enter into agreements with other state
federal agencies to implement the Kansas water quality buffer
Sec. 2. K.S.A. 2000 Supp. 2-1915 is hereby
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 3, 2001.