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82a-934. State water plan; agreements with federal government to pay for conservation storage features for water supply; limitations; reimbursement of costs. The office, on behalf of the state, shall enter into negotiations and agreements with the federal government relative to the inclusion or the purchase of, and the payment for, conservation storage features for water supply in any project that has been planned, authorized or constructed by the federal government when the Kansas water authority shall deem such negotiations and agreements to be necessary for the achievement of the policies of the state of Kansas relative to the water resources thereof. Such agreements shall be binding upon the state to the extent that future appropriations are made in support thereof. Subject to the foregoing, any agreement made under this section may provide that a portion of the reimbursement cost shall include any payment made by the United States to third parties as a result of the finding of liability by a court of competent jurisdiction or by settlement arising out of the use of the water storage space and the release therefrom, except that no reimbursement shall be made to the extent that the liability arises from the sole fault of the United States.

History: L. 1965, ch. 558, § 8; L. 1973, ch. 416, § 1; L. 1979, ch. 186, § 32; L. 1984, ch. 379, § 19; L. 1985, ch. 342, § 11; July 1.

Law Review and Bar Journal References:

"Legal Constraints on Diverting Water from Eastern Kansas to Western Kansas," John C. Peck, 30 K.L.R. 160, 170 (1982).

Attorney General's Opinions:

State water resources board; incurring of debt and repayment of loans. 80-45.

State water plan storage act; water reservation rights; procedure for requiring. 81-131.

Payment for agreement with federal government for water storage depends on appropriations. 83-21.


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