# K.S.A. § 49-408: 49-408 - Reclamation of land affected by surface mining; regulations of secretary; extent that water on such land shall become public waters

> Kansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-408

## Section

- **Citation:** K.S.A. § 49-408
- **Heading:** 49-408 - Reclamation of land affected by surface mining; regulations of secretary; extent that water on such land shall become public waters
- **Jurisdiction:** Kansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KS Code / Chapter 49 / Article 4 / Section 49-408

## Text

49-408. Reclamation of land affected by surface mining; regulations of secretary; extent that water on such land shall become public waters. (a) All land affected by surface coal mining and reclamation operations, except as otherwise provided in this act, shall be reclaimed and all operations shall be conducted, in accordance with the requirements and specifications of the national surface mining control and reclamation act of 1977, public law 95-87, and federal rules and regulations adopted pursuant thereto. The secretary shall issue such regulations as may be required to conform to the requirements of the national act.

(b) All waters in existence on mined land after reclamation is completed shall become public waters to the extent they may be stocked with fish from the state or federal hatcheries and shall be under the law enforcement jurisdiction of the Kansas department of wildlife and parks. The owner of the mined land containing such waters shall retain all other rights consistent with the ownership thereof.

## Nearby sections

- [K.S.A. § 49-401 49-401 - .](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-401.md)
- [K.S.A. § 49-402 49-402 - Declaration of policy.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-402.md)
- [K.S.A. § 49-403 49-403 - Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-403.md)
- [K.S.A. § 49-404 49-404 - Employment of inspectors and other personnel; contracts for technical services authorized; financial interest in coal mining operation prohibited; penalties for violation of prohibition; rules and regulations for enforcement; reports to congress.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-404.md)
- [K.S.A. § 49-405 49-405 - Powers and authority of secretary.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-405.md)
- [K.S.A. § 49-406 49-406 - Permit to engage in surface mining; compliance with federal act required; annual statement of coal mined; application for permit, contents; notice of application for permit, publication; map and plan to accompany application; disapproval of application, when; fees; performance bonds; cash deposits, securities, mortgages on real estate; liability insurance; renewal of permits; application filed for public inspection, information required to be furnished.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-406.md)
- [K.S.A. § 49-407 49-407 - Permit to engage in surface mining; approval, modification or denial; determination and order of secretary, contents; applicant to file schedule listing notices of violation; prime farmland area, effect; informal conference; notice and hearing on final determination; conduct of hearing.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-407.md)
- [K.S.A. § 49-408 49-408 - Reclamation of land affected by surface mining; regulations of secretary; extent that water on such land shall become public waters.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-408.md)
- [K.S.A. § 49-409 49-409 - Revegetation of affected areas.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-409.md)
- [K.S.A. § 49-410 49-410 - Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-410.md)
- [K.S.A. § 49-411 49-411 - Commencement of reclamation, when; grading.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-411.md)
- [K.S.A. § 49-413 49-413 - Planting report; inspection and evaluation of vegetative cover.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-413.md)
- [K.S.A. § 49-415 49-415 - Reclamation reports; release of bond, when; hearing; conduct of hearing.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-415.md)
- [K.S.A. § 49-416 49-416 - Effect of revocation of permit or forfeiture of bond upon future permits.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-416.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C49_A4_S49-408. Check the current official text before relying on it. Not legal advice.