Kan. Admin. Regs. § 98-6-3 - Contract negotiation procedures
(a) Any water assurance district may request,
in writing, to negotiate with the director for a water assurance contract. The
request shall be submitted on forms provided by the office and include all
information requested on those forms. Each request shall include a copy of the
district's certificate of incorporation filed with the secretary of
state.
(b) The request to negotiate
and the information provided by the water assurance district shall be reviewed
by the director to determine if the information provided is sufficient to begin
negotiations for a water assurance contract. The district shall be notified by
the director if there is a need for additional information or if the request
submitted is sufficient to begin negotiations. The notice shall be in writing
and shall be provided within 30 days of receipt of the request.
(c) If the director finds that the
information provided by the assurance district is sufficient, the negotiations
shall commence.
(d) Each person who
has a water purchase contract or an application for a water purchase contract
on file with the director, or a water assurance contract pertaining to storage
in reservoirs in the designated basin, shall be notified in writing that
negotiations with an assurance district have begun. The notice shall be mailed
to each person's last known address. Each person so notified shall, within 20
days following notification by the director, file in writing a request to begin
negotiations for a written contract, or forfeit the right to participate in
current negotiations for a written contract for water purchase or for a water
assurance contract.
(e) Water
assurance contract negotiations shall be conducted by the director and the
board members of the assurance district or their designees.
(f) If the district and the director cannot
agree on terms or language in the contract, the negotiations may be terminated
by either party.
(g) A water
assurance contract shall be approved by the director if the director finds that
all of the following conditions are met:
(1)
The approval of the water assurance contract is in the best interest of the
people of the state of Kansas.
(2)
The water assurance contract refers to and incorporates by reference an
operations agreement that includes the following:
(A) The rules of operation for designated
assurance reservoirs to provide assurance water;
(B) quantities of water supply in designated
assurance reservoirs;
(C) the
quantities of water supply use by eligible members of the water assurance
district;
(D) a provision that
establishes procedures for allocating inflows in any reservoir in which a water
assurance district has purchased storage;
(E) target flows along designated
rivers;
(F) a provision to release
water from storage from one or more reservoirs in order to meet specified
instream purposes; and
(G) any
other related matters to which the parties agree.
(3) The state has filed or will file, if
necessary, before initiation of the operations agreement, a water reservation
right for storage of water in the reservoirs designated in the
contract.
(4) The state has signed
or will sign, if necessary, an agreement with an agency or department of the
United States for water supply storage space in reservoirs named in the
operations agreement.
(5) The water
assurance contract includes a statement that the water assurance storage
component of the major reservoirs in the designated basin are designated for
the sole use and benefit of the water assurance district in accordance with the
operations agreement.
(6) The
remaining water supply capacity satisfies any present water purchase
contract.
(7) Before any member of
the water assurance district receives benefits or water pursuant to a water
assurance contract, that member has adopted a water conservation plan
consistent with the guidelines for conservation plans and practices developed
and maintained by the Kansas water office pursuant to
K.S.A. 74-2608, and amendments thereto.
(8) The water assurance contract contains a
provision that establishes procedures for allocating inflows in any reservoir
in which a water assurance district has purchased storage.
(h) Upon completion of negotiations, a
proposed final water assurance contract shall be sent by the director to the
water assurance district.
(i) After
receipt of the proposed final water assurance contract, the water assurance
district shall perform one of the following, within 45 days:
(1) Indicate acceptance of the water
assurance contract by signing and returning it to the director;
(2) return the unsigned water assurance
contract to the director with written comments;
(3) request a meeting with the director to
discuss the water assurance contract; or
(4) request an extension of time for
consideration of the water assurance contract.
(j) Upon final agreement and signing of a
water assurance contract by the president and chairperson of the district board
of directors, an original of the water assurance contract shall be filed with
the following persons:
(1) The
director;
(2) the president of the
contracting water assurance district board of directors;
(3) the chief engineer, division of water
resources in the Kansas department of agriculture;
(4) the Kansas secretary of state;
and
(5) the district engineer of
the U.S. army corps of engineers or the regional director of the bureau of
reclamation.
Notes
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