Kansas committee advances bill to limit county control over water transfers

The Committee on Local Government voted Monday to report House Bill 24-33 favorably to the full House, advancing legislation that would create a new exception to Kansas’ county home-rule statute to preempt certain county actions governing water transfers.

The reviser told the committee HB 24-33 would add an exception to KSA 19-101a to bar counties from enacting or enforcing any resolution or regulation that conflicts with, interferes with, or is more stringent than state regulation of transfer and appropriation of water by the chief engineer or the Water Transfer Hearing Panel under chapter 82a. The bill would also prohibit counties from requiring licenses, permits, conditions, restrictions, fees or charges related to appropriating or transferring water, and the reviser said those provisions would apply retroactively to the extent they conflict with chapter 82a.

The bill’s supporters told the committee the measure responds to long-running disputes between some counties and state water regulators. The vice chair commended work by local officials and stakeholders, citing the City of Hays and others for their efforts preparing background material for the committee.

Representative Gardner asked whether county home rule currently allows counties to control state-owned water within their borders or whether that authority is granted elsewhere, such as to groundwater management districts. The reviser said county home rule applies to statutes with nonuniform application and that some counties had adopted resolutions the state views as potentially conflicting with chapter 82a; staff will follow up on the specific role of groundwater management districts before floor debate.

Earl Lewis, identified to the committee as the chief engineer, said the Division of Water Resources and the chief engineer are responsible for decisions about water appropriation and transfer under chapter 82a. He said transfers are not categorically prohibited between groundwater districts but that statutory procedures apply, and that transfers exceeding 2,000 acre-feet or moving water more than 35 miles trigger the Water Transfer Act in addition to the Appropriation Act.

Representative Melton asked whether land classification affects taxation when irrigation is retired and land reverts to pasture; the vice chair explained that irrigated land in western counties is appraised at higher productivity and taxed at a higher rate, and described recent changes affecting Conservation Reserve Program (CRP) land classification. The committee’s minority member said they would support the bill, arguing, “water belongs to the people of Kansas, not to any county.”

A motion to report the bill favorably was made (the chair acknowledged Representative Van Houten to speak) and seconded by the vice chair. The committee took a voice vote; the chair recorded the motion as carried and did not take a roll-call tally on the record. The bill will proceed to the House for further consideration.