Judges: Robert T. Stephan, Attorney General
Filed Date: 2/3/1993
Status: Precedential
Modified Date: 7/5/2016
Jeffery A. Mason Counsel for Northwest Kansas Groundwater Management District #4 214 E. 10th Street, Box 767 Goodland, Kansas 67735
Dear Mr. Mason:
As counsel for the northwest Kansas groundwater management district no. 4 (hereinafter GMD#4) you inquire whether in light of Attorney General Opinion No. 92-97 the chief engineer of the Kansas state board of agriculture can implement a conservation plan resembling a groundwater use control area through rules and regulations and without the use of K.S.A. 1992 Supp.
In this opinion we concluded that a ground water management district (GMD) is not authorized to implement a conservation plan that resembles an intensive groundwater use control area (IGUCA) without action by the chief engineer as required by K.S.A.
Your second and third questions are premised on an affirmative answer to your first question and therefore we need not address them at this time.
Very truly yours,
ROBERT T. STEPHAN Attorney General of Kansas
Guen Easley Assistant Attorney General
RTS:JLM:GE:jm