Laserfiche WebLink
<br />854 <br /> <br />NEBRASKA LAW REVIEW <br /> <br />[Vol. 70:754 <br /> <br />engineer, an application in the form required by rules and regula- <br />tions adopted by the chief engineer. If the application is found to be <br />insufficient to enable the panel to determine the source, nature and <br />amount of the proposed transfer, it shall be returned for correction <br />or completion or for any other necessary information. This act <br />shall not be construed as to exempt the applicant from complying <br />with the provisions of the Kansas water appropriation act or the <br />state water plan storage act, whichever is applicable. <br />(b) No water transfer shall be approved unless the applicant <br />has adopted and implemented conservation plans and practices. <br />Such plans and practices shall be consistent with the guidelines for <br />conservation plans and practices developed and maintained by the <br />Kansas water office pursuant to subsection (c) of K.S.A. 74-2608, <br />. and amendments thereto. Prior to approval of an application for a <br />water transfer, the panel shall determine whether such plans ~d <br />practices are consistent with the guidelines adopted by the Kansas <br />water office. <br />(c) Within 60 days of receipt of a sufficient application for a <br />water transfer pursuant to this act, the chief engineer shall convene <br />and conduct a hearing thereon. At such hearing, the panel shall <br />consider the application and determine whether to approve the pro- <br />posed water transfer in accordance . with the provisions of the Kan- <br />sas anm;ni~trative procedure act. <br />If it is determined to be in the best interest of the state, the chief <br />engineer may convene and conduct such a hearing within 60 days of <br />receipt of (1) an application to appropriate water pursuant to the <br />Kansas water appropriation act or (2) a proposed contract for the <br />sale of water from the state's conservation storage water supply ca- <br />pacity even though such diversion and transportation of water is <br />not a water transfer as defined by K.S.A. 82a-1501, and amendments <br />thereto. <br />(d) The panel shall consist of the chief engineer, the director <br />and the secretary or the director of the division of environment of <br />the department of health and environment if designated by the sec- <br />retary. The chief engineer shall serve as the chairperson of the <br />panel. All actions of the panel shall be taken by a majority of the <br />members thereof. The panel shall have all powers necessary to con- <br />duct the hearings, make its findings and implement the provisions <br />of this act. The hearing shall be conducted in a prudent and timely <br />manner. <br />(e) To determine whether the benefits to the state for approv- <br />ing the transfer outweigh the benefits to the state for not approving <br />the transfer, the panel shall consider all matters pertaining thereto, <br />including specifically: <br />(1) Any current beneficial use being made of the water pro- <br /> <br />( <br /> <br />HeinOnline -- 70 Neb. L. Rev. 854 1991 <br />