AGO 1989-033.

• Case Date: March 21, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-033. March 21, 1989ATTORNEY GENERAL OPINION NO. 89-33The Honorable Paul Feleciano, Jr. State Senator Twenty-Eighth District State Capitol Room 452-E Topeka, Kansas 66612 Re: Waters and Watercourses--Water Storage--State Water Plan Storage Act; Conservation Storage Water Supply Fund Synopsis: Kansas statutes authorize expenditures from the state conservation storage water supply fund to be made only for the purpose of acquiring or developing conservation storage water supply to implement the state water plan. Appropriations from the fund for land treatment and flood control in this instance do not meet the purpose of the statute. Cited herein: K.S.A. 1988 Sup. 82a-1301; 82a-1305; 82a-1306; 82a-1308a; K.S.A. 82a-1315a; K.S.A. 1988 Supp. 82a-1315b; K.S.A. 82a-1320; K.A.R. 98-5-1. * * * Dear Senator Feleciano: You ask our opinion regarding the state water plan storage act. You inform us that for fiscal year 1989 the Kansas Legislature appropriated $1,157,482 from the state conservation storage water supply fund for two certain projects. Specifically, your question is whether these appropriations conform with the legislative intent for use of the monies in the fund. The state water plan storage act (act), K.S.A. 82a-1301 et seq., provides that the director of the Kansas Water Office may enter into contracts for the withdrawal and use of waters from the state's conservation storage water supply. K.S.A. 1988 Supp. 82a-1305(a); K.S.A. 82a-1320. Each contract must contain a provision for the minimum annual charge, and a provision setting the charge "per 1,000 gallons of water at the point of withdrawal from the reservoir. . . ." K.S.A. 1988 Supp. 82a-1306. These charges are set by the director with approval from the Kansas Water Authority pursuant to statutory criteria. K.S.A. 1988 Supp. 82a-1306(a); K.S.A. 1988 Supp. 82a-1308a. Amounts charged pursuant to contracts and the Act are paid to the director who remits the entire amount to the state treasurer. "[T]he state treasurer, except as provided in K.S.A. 82a-1315b, shall deposit the same in the state treasury to the credit of the state general fund." K.S.A. 82a-1315a. The deposit of money received from the contracts under the act is further regulated in K.S.A. 1988 Supp. 82a-1315b:

"(b) That portion of all moneys received by the state

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