The Association is authorized to enter into contracts with water users for the establishment of savings accounts. A savings account program allows a water user to place unused water from a water right into an account for use at a later date. A water right must be deemed bankable as per K.S.A. 2001 Supp. 82a-764, as amended before it is considered eligible for a savings account. The operation of savings accounts within the Association shall net increase the amount of net consumptive use of water in any hydrologic unit. The amount of a water right that can be deposited in any savings account shall be calculated using the following formula
(WR - WU) * .25 = Amount of water that can be deposited.
where WR = certified quantity on water right
where WU = actual annual water use
where .25 = percent of quantity between WU and WR
The amount that can be saved in the account is 25% of the difference between annual use and the authorized amount.
Rules for Savings Accounts
Water users wishing to utilize the savings account program shall enter into a contract with the Association by December 1st of the year preceding the first year the water user wishes to make a deposit. The enrollment process is fast and simple. The Association requires a signed contract (by water right owner) along with the administrative fee ($100.00) on or before the application deadline to open an account. Once opened, there are no further annual fees associated with the savings accounts. The Association staff are happy to walk applicants through the process in person or by phone.
Only water that was unused in the past immediate year can be deposited into a savings account. Water shall be deposited in the account no later than March 1 of the year following the calendar year in which the water was not used. Only water from one water right shall be placed in a savings account. Linked water rights that have common points of diversion or place of use may be placed in one account.
The process to withdraw water from the savings account is just as simple as the application process. Before a water user exceeds the authorization for their existing water right(s), he/she must withdraw water from the corresponding savings account. There is a withdrawal form that is to be filed with the Association along with the applicable administrative fee. The Association staff also assists with the completion of the required term permit application for Kansas Department of Agriculture - Division of Water Resources. Upon completion, the term permit and copy of the withdrawal slip can be filed with the Stafford field office (KDA-DWR) to attain authority to utilize the water withdrawn from the savings account. This process typically takes 30 minutes to an hour to complete depending on the complexity and completeness of the records.
A ten percent conservation element shall be subtracted from the amount remaining in the account at the end of each year. The remaining 90% rolls over into the following calendar year. The total amount of water accumulated in a savings account shall not exceed the maximum annual quantity authorized to be diverted under the water right or the aggregate maximum quantity authorized to be diverted under all linked water rights from which water is deposited in the account (K.S.A. 82a-763(c)(5)).