With the 2026 legislative session concluded, landowners with dams should pay close attention to amendments made to the Obstructions in Streams Act (K.S.A. 82a-301 through 82a-328). Changes to this statute were adopted in House Bill 2114. HB 2114 was passed with broad support by both chambers. Kansas Farm Bureau was neutral on the bill. KFB’s testimony can be found here. Below is a summary of the bill’s major changes. 

Agency Inspections

HB 2114 moves the inspection process within the Kansas Department of Agriculture’s Division of Water Resources (DWR). Before, dam owners were required to independently hire a safety inspection and submit it to DWR. While dam owners retain the ability to do so, this bill changes the default to DWR conducting the inspection. The bill also authorizes intern engineers supervised by professional engineers to conduct inspections, potentially lowering inspection costs.

Access to Private Property

DWR or a private engineer authorized to perform an inspection will now have the right to access private property for the purpose of conducting a safety inspection so long as they provide notice to the dam owner at least seven days in advance. Notice is not required in emergency situations that pose an immediate threat to loss of life or property. 

Fees

Application fees for dam construction and modification were increased. Previously, the permit cost for all hazard classes (A, B, and C) was $200. The fees are now proportional to hazard classification.

  • Class A low hazard dam - $250
  • Class B significant hazard dam - $500
  • Class C high hazard dam - $1,000   

Inspection fees for dams are based upon the storage size of the dam, Class 1 being the smallest and Class 4 being the largest. Inspection fees decreased across the board.

  • Class 1 dams holding less than 50 acre-feet decreased from $1,500 to $1,000
  • Class 2 dams holding between 50 and 3,000 acre-feet decreased from $1,500 to $1,000
  • Class 3 dams holding between 3,000 and 30,000 acre-feet decreased from $2,500 to $2,000
  • Class 4 dams holding more than 30,000 acre-feet decreased from $4,000 to $3,000

Dam hazard classifications are often impacted by downstream development. As such, a dam may be reclassified to a higher hazard classification not due to any action by the dam owner. While these dams will still be subject to the more frequent inspection interval, the dam owner will no longer be charged for the cost of the more frequent inspections.

Class A Dam Inspections

Previously, only Class B (medium hazard) and Class C (high hazard) dams were subject to inspection requirements. Class A dams will now also be required to be inspected once every 10 years. However, there are numerous exceptions to this requirement.

Class A Inspection Exemptions

Several pre-existing exemptions were continued while several new ones were added. The following types of Class A dams are now considered “water obstructions” and are exempted from dam safety inspections: 

  • Dry detention road fills for state, county or municipal governments;
  • Low head dams with a maximum height below the lowest stream bank;
  • Wastewater storage structure for a confined feeding facility approved by the Kansas Department of Health and Environment (KDHE);
  • Dams authorized under the Kansas Water Appropriation Act with a height of less than 30 feet and a storage volume of less than 125 acre-feet. 

Watershed districts are authorized to enter into agreements with DWR to conduct their own limited safety inspections for Class A dams instead of the new requirements.

Regardless of hazard classification, a dam can now become exempt from safety inspection requirements by submitting an inundation map that demonstrates failure of the dam would only inundate property owned by the dam owner. 

Inundation Maps

An inundation map displays the area that would be flooded (inundation zone) if a dam were to breach. DWR is now required to prominently display an inundation map for all permitted dams on the agency’s website. Additionally, DWR must provide a copy of each inundation map to the zoning authority or county clerk where any land included on an inundation map is located. As state funding is available, DWR will develop inundation maps for those dams currently without one and similarly display and distribute them. 

Selling Property in an Inundation Zone

Owners of any real estate located in the inundation zone of a dam under the state’s jurisdiction is now required to provide notice to the county when selling, subdividing, or otherwise transferring that property. Failure to do so could result in the owner being liable for inspection costs of the upstream dam and raise disclosure concerns for real estate transactions. If you are unsure if your property is within an inundation zone, contact DWR or consult with an attorney before making amendments to the deed, altering the parcel, or transferring the property in any way.

Penalties

Previously, there was only a criminal penalty for violations of the statute. HB 2114 adds a civil penalty authorized between $100 and $1,000 for infractions and increases the requirements to be charged with the criminal penalty. Dam owners in violation of the statute may receive a continuing civil violation if they fail to begin addressing the concerns raised by the first infraction within seven days. 

KFB Policy

KFB policy on dam safety inspections is contained within Watershed Programs WA-10. KFB’s policy positions include:

  • Buildings that existed as well as development within the inundation zone of a watershed dam prior to the construction of a dam should not cause the upgrading of the dam from its original classification.
  • Those developing land within the inundation zone of a pre-existing watershed dam must be responsible for any additional costs to the watershed district for required upgrading of a dam.
  • Support for dam breach inundation zone mapping. Landowners with property within mapped inundation zones should receive notice of the breach zone boundaries. This notice should attach to the property deed and be recorded at the Register of Deeds office.
  • Risk of casualty and/or property damage subsequent to inundation zone notice should be borne by the landowner who is building. The legislature should adopt policy eliminating damage liability for the Watershed District and state agencies in instances where development occurs below an existing Watershed dam after appropriate notice has been given.
  • All water retention structures must be adequately designed, built and maintained to prevent the loss of life and property in the event of catastrophic failure.