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2023 Op. Kan. Att'y Gen. 1 (2023)

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January 6, 2023
ATTORNEY GENERAL OPINION NO. 2023- 1
Stephanie A. Kramer, Chief Counsel
Kansas Department of Agriculture
1320 Research Park Drive
Manhattan, KS 66502

Re:

Synopsis:

Waters and Watercourses-Appropriation of Water for Beneficial Use-
Multi-Year Flex Accounts; Definitions, Establishment, Conditions; Term
Permits; Fees
Waters and Watercourses-Appropriation of Water for Beneficial Use-
Kansas Water Banking Act
Holders of groundwater rights may establish either a multi-year flex account
or place their water in a safe deposit account in a water bank, but not both.
Cited herein: K.S.A. 82a-736; 82a-761; 82a-762; 82a-763.

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Dear Ms. Kramer:

As Chief Counsel at the Kansas Department of Agriculture, you ask whether holders of
groundwater rights may establish a multi-year flex account pursuant to K.S.A. 82a-736
and also place the same water right into a safe deposit account pursuant to the Kansas
Water Banking Act, K.S.A. 82a-761, et seq. Assuming this is not possible, you also want
to know whether water rights placed in a safe deposit account in prior years may be
subsequently placed into a multi-year flex account and whether the enrollment of a right
in a safe deposit account is sufficient to preclude the holder of the water right from
establishing a multi-year flex account.
We conclude that those who have placed a water right in a safe deposit account may not
place the same water right in a multi-year flex account, including users who placed that
right in a safe deposit account in prior years. We further conclude that enrollment of a
water right is the equivalent of placing a water right in a safe deposit account.

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