UPDATED
SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2279
As Amended by Senate Committee on
Agriculture and Natural Resources

Brief*
HB 2279, as amended, would add sections to the
Kansas Groundwater Management District Act to require
groundwater management districts (GMDs) to submit annual
reports to the Legislature and conservation and stabilization
action plans to the Chief Engineer, Division of Water
Resources, Kansas Department of Agriculture (KDA). The bill
would be part of and supplemental to the Kansas
Groundwater Management Act of the Kansas Statutes
Annotated.
Annual Report (Section 1)
The bill would add new provisions that would require
each GMD board to submit a written report on the budget,
finances, and activities of the GMD to the House Committee
on Water, House Committee on Agriculture and Natural
Resources, and Senate Committee on Agriculture and
Natural Resources by January 25 of each year. The bill would
require a representative of the GMD board to appear before a
legislative committee if requested.
The annual report would include, but would not be
limited to:
● The most recent approved audit prepared in
accordance with current law;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● An accounting of all assets currently held by the
GMD board;
● The budget adopted for the current year pursuant
to current law;
● A detailed description of the activities of the GMD;
and
● A detailed statement explaining how the
expenditures by the GMD board serve to further
the conservation and reduced consumptive use of
groundwater, the prevention of economic
deterioration, and the stabilization of agriculture in
the district or otherwise supported implementation
of the GMD’s management program.
The bill would require, beginning in January 2025, the
report to summarize the action plans and activities
undertaken pursuant to Section 2 of the bill.
The bill would also require each GMD to annually
publish on the GMD’s website the annual written report.
Action Plan and Priority Areas of Concern (Section 2)
The bill would require, by December 1, 2024, the board
of each GMD to identify all priority areas of concern within
each GMD board’s district and to set reasonable boundaries
for those areas using data from the Kansas Geological
Survey (KGS) or other source approved by the Chief
Engineer.
The bill would define “priority areas of concern” to
include areas where:
● The estimated usable lifetime of groundwater is 50
years or less or similar aquifer conditions exist as
evidenced by water level decline and water use
data provided by the KGS; or
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 ● An unreasonable deterioration of the quality of
groundwater is occurring.
Priority areas of concern could also include areas
where:
● Groundwater levels are declining or have declined
excessively;
● The rate of withdrawal of groundwater equals or
exceeds the rate of recharge;
● Preventable waste of water is occurring or may
occur;
● An unreasonable deterioration of the quality of
groundwater may occur; or
● Other areas identified by the GMD board and
approved by the Chief Engineer.
The bill would require the GMD board to submit a report
to the Chief Engineer after the priority areas of concern are
identified. The report would detail:
● The priority areas of concern;
● The nature of such concerns; and
● How the areas were identified and developed.
The bill would require each GMD board to conduct
public education and outreach in each priority area so the
GMD board can develop an action plan to reasonably
address the identified concerns in each area based on input
from water right owners and users in the area. The bill would
require the action plan to be submitted to the Chief Engineer
by July 1, 2026.
Once the action plan or subsequent updates to the
action plan are submitted, the bill would allow the Chief
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Engineer up to 90 days to review the action plan and identify
priority areas of concern.
If the action plan is approved by the Chief Engineer, the
Chief Engineer would be required to implement any action
plan that requires action from the Chief Engineer. Once the
GMD’s action plan is approved by the Chief Engineer, the
GMD board of each district would implement the action plan
as soon as practicable and incorporate the action plan and
priority areas into the GMD’s management program at the
next annual review.
The bill would require the GMD boards, at least every
five years, to review existing priority areas of concern, any
action plans previously adopted, and the district at large to
identify any new areas that meet the priority area conditions.
Upon such review, the GMD board would update its priority
areas of concern and its action plan as necessary and would
be required to submit the findings and any updates to the
Chief Engineer.
If the GMD board fails to identify priority areas of
concern within the district, fails to submit an action plan to
address the concerns or subsequent updates to action plans,
or submits a plan that fails to reasonably address the
problems within each identified area, the Chief Engineer
could:
● Designate priority areas of concern in accordance
with Section 2;
● Create an action plan in accordance with Section
2; and
● Take such corrective actions necessary under the
authority granted to the Chief Engineer pursuant to
the Kansas Water Appropriations Act and the
Kansas Groundwater Management Act to carry out
the action plan.

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 The bill would allow the GMD board to request the Chief
Engineer review the activities previously completed by the
GMD board to determine compliance with some or all of the
requirements of Section 2. The bill would allow all areas
within a district that have adopted a local enhanced
management area (LEMA) on July 1, 2023, to be considered
in compliance with the requirements of Section 2 until the first
action plan review.
All areas within a GMD that have an established
intensive groundwater use control area (IGUCA) on July 1,
2023, would be considered to be a priority area of concern
with an approved action plan in compliance with the
requirements of Section 2 until reviewed by the Chief
Engineer pursuant to a schedule established through rules
and regulations.
The bill would allow assistance and support from the
following agencies to the GMD boards for the achievement of
the goals of this section:
● KDA, including the Division of Water Resources,
Division of Conservation, and the Chief Engineer;
● Kansas Water Office;
● Kansas Department of Health and Environment;
● Kansas Corporation Commission;
● University of Kansas;
● KGS;
● Kansas State University;
● Kansas State University Extension System; and
● Local conservation districts.

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 The bill would require the Kansas Water Authority to
consider the efforts of the above agencies to assist the GMDs
when recommending appropriations of the State Water Plan
Fund.
Land Acquired by a Groundwater Management District
(New Section 3)
The bill would prohibit, if a GMD owns, purchases, or
otherwise acquires land, a member of the GMD board to farm
the land for profit unless a request for proposal (RFP) is
issued to the public.
Background
The bill was introduced by the House Committee on
Water at the request of Representative Vaughn.
House Committee on Water
In the House Committee hearing, the managers of
GMDs No. 1 and No. 4, representatives of Kansas Farm
Bureau and Kansas Livestock Association, and two private
citizens testified as proponents of the bill.
Written-only proponent testimony was provided by
representatives of the Hy-Plains Feedyard, LLC, and Kansas
Corn Growers Association, and by two private citizens.
Neutral testimony was provided by the managers of
GMDs No. 2 and No. 5 and representatives of the Kansas
Agriculture Retailers Association and KGS.
Opponent testimony was provided by a representative
of GMD No. 3.
Written-only opponent testimony was submitted by a
representative of the Southwest Kansas Irrigation
Association.
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No other testimony was provided.
The House Committee amended the bill to:
● Allow the annual financial report to be prepared
pursuant to the uniform system of fiscal procedure,
accounting, and reporting for municipalities per
continuing law (KSA 75-1120a);
● Specify the annual report shall include a detailed
statement explaining how the expenditures by the
GMD board serve to further the conservation and
reduced consumptive use of groundwater, the
prevention of economic deterioration, and the
stabilization of agriculture;
● Remove language regarding the intent of the
Legislature;
● Change the term “areas of concern” to “priority
areas of concern”;
● Allow the GMD board to request an extension of
time to identify priority areas of concern beyond the
July 1, 2024, deadline if good cause is shown and
at the approval of the Chief Engineer;
● Add additional criteria for priority areas of concern;
● Require GMD boards to submit a report to the
Chief Engineer after identifying priority areas of
concern;
● Require GMD boards to incorporate the action plan
and priority areas in the GMD’s management
program at the next review;
● Require GMD boards to review the priority areas of
concern and any action plans previously adopted
every five years and update the action plan based
on the review;
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 ● Add two additional options for the Chief Engineer
to undertake should a GMD board fail to submit the
required reports;
● Add language that, on July 1, 2024, all areas within
a LEMA shall be considered in compliance with the
requirements of Section 2 until the first action plan
review;
● Require the Kansas Water Authority to consider the
efforts of specific state agencies to assist the
GMDs when recommending appropriations of the
State Water Plan Fund; and
● Make additional wording and technical changes.
Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing, Representatives
Minnix and Vaughn; the managers of GMDs No. 1, No. 2, and
No. 4; representatives of the Kansas Farm Bureau and
Kansas Livestock Association; and two private citizens
provided proponent testimony.
Written-only proponent testimony was provided by
representatives of Circle Land and Cattle Corp., Hy-Plains
Feedyard, LLC, Kansas Corn Growers Association, and The
Nature Conservancy, and by a private citizen.
Neutral testimony was provided by the manager of GMD
No. 3 and a representative of the KGS.
No other testimony was provided.
The Senate Committee amended the bill to:
● Change from January 31 to January 25 of each
year the date by which a GMD board would submit
a written report to the Legislature;

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● Include “budget” as a topic the report to the
Legislature would need to address;
● Remove other information the required written
report would have needed to address;
● Require a GMD board to include in its report the
most recent approved audit prepared in
accordance with current law, an accounting of all
assets currently held by the GMD board, the
budget adopted for the current year pursuant to
current law, and a detailed description of the
activities of the GMD district, in addition to a
detailed statement regarding expenditures in the
bill as introduced;
● Require the report to summarize the action plans
and activities undertaken pursuant to Section 2 of
the bill beginning in January 2025;
● Remove the requirement for submitting a second
annual written report to the Legislature that would
have begun on January 15, 2025;
● Change from July 1, 2024, to December 31, 2024,
the date by which the GMD board of each district
would identify all priority areas of concern with the
GMD district and set reasonable boundaries for
each area of concern using data from the KGS or
other source approved by the Chief Engineer;
● Remove language authorizing the Chief Engineer
to grant extensions;
● Add similar aquifer conditions exist as evidenced
by water level decline and water use data provided
by the KGS to priority areas of concern;
● Clarify that at least every five years, each GMD
board would review existing priority areas of

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 concern and update its priority areas of concern
and action plan as necessary;
● Clarify that all areas within a district that have
adopted a LEMA pursuant to law on July 1, 2023,
would be considered to be a priority area of
concern with an approved action plan in
compliance with the requirements of the bill until
the first action plan review;
● Establish that all areas within a GMD district that
have an established IGUCA established pursuant
to law on July 1, 2023, would be considered to be a
priority area of concern with an approved action
plan in compliance with the requirements of the bill
until reviewed by the Chief Engineer pursuant to a
schedule established through rules and
regulations;
● Prohibit a member of the GMD board of a GMD
that owns, purchases, or otherwise acquires land
from farming the land for profit unless the GMD
board issues an RFP for farming the land; and
● Require the GMD to annually publish on the GMD’s
website the budget proposed by the GMD and the
GMD’s annual report, including the financial
statement.
Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill, as introduced, the KGS estimates
enactment of the bill would require an additional 7.0 FTE
positions with 5.5 FTE positions added during FY 2023 with
existing agency resources and the remaining 1.5 FTE
positions added in FY 2024.
KGS estimates $627,900 of new State General Fund
(SGF) expenditures would be required for FY 2024. KGS

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estimates $3.4 million of additional SGF moneys would be
needed to carry out the duties required by the bill in FY 2025,
including annual measurement of approximately 1,500
industrial and agricultural wells, maintenance of continuously
monitored index wells, initiation of a statewide water quality
monitoring program, and advanced groundwater aquifer
modeling.
Supplemental information was provided from KGS after
the House Committee on Water hearing on the bill. KGS
clarified that currently, KGS allocates 5.5 FTE positions for
work on the water level monitoring and aquifer modeling,
which costs approximately $507,900, and KGS does not
expect the current funding model to change through the end
of FY 2023, and it will require the same appropriation for FY
2024.
The additional 1.5 FTE positions and appropriation of
$120,000 in FY 2024 will be necessary to develop Phase 1 of
the Water Quality Monitoring Program.
The Kansas Corporation Commission indicates
enactment of the bill would have an unknown fiscal effect.
The KDA, Kansas Department of Health and Environment,
Kansas Water Office, Kansas State University, Kansas
Association of Counties, and League of Kansas Municipalities
indicate enactment of the bill would have no fiscal effect.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Water; Kansas Groundwater Management District Act; groundwater management
district; boards; annual report; priority areas of concern; conservation; reduced
consumptive use; aquifer conditions; Chief Engineer; Kansas Water Authority;
Division of Water Resources; Department of Agriculture; Kansas Geological Survey


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