Topeka ? After state budget cuts slashed a program that had allowed irrigators to conserve water without falling under state “use it or lose it” requirements, Kansas Agriculture Department officials have come up with another idea to solve the quandary.

In a move that marks a substantial shift in water policy, agency Secretary Josh Svaty and the department Thursday introduced legislation to the Senate Agriculture Committee that would recognize conservation of water as a beneficial use.

At present, the state can consider water rights abandoned after five consecutive years of nonuse. Previously, however, irrigators — largely in over-appropriated areas — could suspend their water rights for five to 10 years by enrolling in the Water Rights Conservation Program. Users retained ownership and could begin pumping again, if they so chose, after the contract period ended.

“In the past, water rights holders have been required to put to beneficial use their water right or risk losing the right to abandonment,” Svaty said in a statement. “We are asking the Legislature to approve a statutory change that would recognize conservation as a beneficial use.”

The program would be voluntary, giving producers the opportunity to save water for future use or future generations without the risk of losing the property right. It also goes a step further than the WRCP program by recognizing conservation as a beneficial use.

If passed, producers could change vested or perfected water rights to conservation water rights for any length of time. Moreover, Svaty said, the agency could implement the new system using existing administrative resources.

No bill number has been assigned, said Kansas Department of Agriculture Deputy Secretary Constantine Cotsoradis. Draft language has been written.

Mark Rude, manager of Groundwater Management District No. 3, expressed some concerns Thursday. With no bill language yet available, he questioned whether it was a good idea.

He wondered if legislation would move away from a mutually binding agreement between the agency and the water right owner. If so, that could mean the water right owner has little control of the right and, upon request for a change application, could be denied a permit to begin using the right for another purpose other than conservation.

Cotsoradis said it is possible those same concerns by water right holders could discourage them from enrolling. However, he noted, the agency plans to work with users, GMD5 and others to work out details.

Kansas Water Authority members discussed the measure positively Thursday, he said.

“We want to encourage conservation,” he said.

“We don’t want to do anything that would discourage it.”