Terms Used In Kansas Statutes 82a-774

  • Safe deposit account: means a personal account held in a water bank where unused water from a bankable water right is placed for use in future years. See Kansas Statutes 82a-762
  • Water bank: means a private not-for-profit corporation that: (1) Leases water from water rights that have been deposited in the bank; and (2) provides safe deposit accounts. See Kansas Statutes 82a-762
  • Water right: means any vested right or appropriation right under which a person may lawfully divert and use water. See Kansas Statutes 82a-701

(a) For purposes of Kan. Stat. Ann. §§ 82a-736 and 82a-764, and amendments thereto, a water right or any portion of a water right that has been deposited, enrolled or placed in a safe deposit account associated with a water bank established pursuant to the Kansas water banking act, Kan. Stat. Ann. § 82a-761 et seq., and amendments thereto, shall not be eligible to be enrolled in a multi-year flex account that begins during a calendar year in which water from such water right or portion of a water right was withdrawn from a safe deposit account. Water from a water right that has been deposited, enrolled or placed in a safe deposit account associated with a water bank established pursuant to the Kansas water banking act, Kan. Stat. Ann. § 82a-761 et seq., and amendments thereto, shall not be withdrawn from a safe deposit account while such water right is enrolled in a multi-year flex account.

(b) A water right shall be considered enrolled in a multi-year flex account until the end of the calendar year in which the multi-year flex account permit expires, even if the allocation under the multi-year flex account is exhausted prior to the expiration of the multi-year flex account permit.