reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-3 - Orders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An order
			 subject to review pursuant to
			 K.S.A.
			 82a-1901, and amendments thereto, shall be
			 issued by the chief engineer in each of the following matters:
(1) The approval or dismissal of an
			 application to change the place of use, the point of diversion, the use made of
			 water, or any combination of these, filed pursuant to
			 K.S.A.
			 82a-708b and amendments thereto;
(2) the approval or dismissal of an
			 application to appropriate water for beneficial use filed pursuant to
			 K.S.A.
			 82a-711 and amendments thereto;
(3) the declaration of abandonment and
			 termination of a water right pursuant to
			 K.S.A.
			 82a-718 and amendments thereto; and
(4) the suspension of the use of water under
			 a term permit, an approved application for a permit to appropriate water for
			 beneficial use, an appropriation right, or a vested right, pursuant to
			 K.S.A.
			 82a-770 and amendments thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-3a - Hearing procedure

Current through Register Vol. 43, No. 28, July 11, 2024
The procedures specified in this regulation shall apply to any
				hearing held by the chief engineer pursuant to
				K.A.R.
				5-14-3. Upon notice to all parties, these
				procedures may be applied by the chief engineer to any other hearings held
				under the Kansas water appropriation act.
(a) Unless otherwise required by statute, the
			 following persons and entities shall be allowed to be parties to a formal
			 hearing before the chief engineer:
(1) The
			 division of water resources, Kansas department of agriculture (DWR);
(2) the person or persons to whom the order
			 is, or will be, directed;
(3) the
			 applicant to change the place of use, the point of diversion, the use made of
			 water, or any combination of these, under
			 K.S.A.
			 82a-708b and amendments thereto, or the
			 applicant to appropriate water for beneficial use under
			 K.S.A.
			 82a-711, and amendments thereto;
(4) the owners of the proposed place of use
			 and the owners of the place of use authorized under the application, water
			 right, or permit to appropriate water; and
(5) any other person who has filed a timely
			 petition for intervention in accordance with K.A.R. 5-14-3(e).
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-4 - Appeal of the failure of the chief engineer to timely issue a certificate of appropriation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The time
			 period specified in
			 K.S.A.
			 82a-714(c), and amendments
			 thereto, shall begin when the time authorized to perfect the water right,
			 including any authorized extensions of time, expires.
(b) If the chief engineer fails to issue a
			 certificate of appropriation within the time limit specified by
			 K.S.A.
			 82a-714(c) and amendments
			 thereto, the water right owner may file a request for review with the secretary
			 of agriculture pursuant to
			 K.S.A.
			 82a-1901, and amendments thereto, within 15
			 days of the expiration of the time period specified in
			 K.S.A.
			 82a-714(c) and amendments
			 thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-5 - Conditions of a request for a conference hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any request
			 for a conference hearing before the chief engineer shall meet the following
			 conditions:
(1) Be in writing and be served
			 on the chief engineer within 15 days of the issuance of the summary order;
(2) clearly admit, deny, or
			 explain each of the findings of facts and conclusions of law in the summary
			 order;
(3) identify any facts and
			 conclusions of law that the person disputes and intends to place at issue; and
(4) state any other defenses and
			 the bases for those defenses.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-6 - Informal settlement

Current through Register Vol. 43, No. 28, July 11, 2024
At any time during the proceedings conducted under
				K.A.R.
				5-14-2,
				K.A.R.
				5-14-3, or
				K.A.R.
				5-14-4, the alleged violator may request a
				settlement conference. The request shall be in writing and shall be served on
				the chief engineer on behalf of the alleged violator.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-7 - Conversion of a conference hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At any point
			 during a conference hearing being conducted according to K.A.R. 5-14-2, the
			 conference hearing may be converted by the chief engineer to a full
			 adjudicative hearing to be heard by the chief engineer.
(b) The conversion of a conference hearing to
			 a full adjudicative hearing may be effected only upon providing notice to all
			 parties to the original proceedings.
(c) The record of the conference hearing may
			 be used in the full adjudicative hearing.
(d) After a conference hearing is converted
			 to a full adjudicative hearing, the hearing officer shall perform the
			 following:
(1) Give any additional notice to
			 parties or other persons necessary to satisfy the requirements of a full
			 adjudicative hearing; and
(2)
			 conduct any additional proceedings necessary to satisfy the requirements of a
			 full adjudicative hearing.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-10 - Civil penalties for violations other than exceeding the authorized quantity of water

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Penalty order. In addition to any other authorized enforcement procedures, if
			 the chief engineer finds that any of the violations specified in
			 K.S.A.
			 82a-737, and amendments thereto, have
			 occurred, a written order may be issued by the chief engineer pursuant to
			 K.S.A.
			 82a-737(e), and amendments
			 thereto.
(b) Civil penalties.
(1) Any civil penalty assessed in any order
			 issued under this regulation may be no greater than the civil penalties
			 specified in subsection (m) for each applicable violation. Any day on which the
			 violation continues to occur may constitute a separate offense. If an order is
			 issued, the chief engineer may include all known violations of this regulation
			 or K.A.R. 5-14-12, or both, and all penalties pertaining to a given water right
			 in the order. The order may include violations of this regulation or K.A.R.
			 5-14-12, or both, applicable to multiple water rights. Separate penalties may
			 be assessed for each violation cited in a single order.
(2) The monetary penalties and suspension
			 terms specified in subsection (m) may be reduced due to one or more of the
			 following factors:
(A) The absence of any
			 prior penalty assessed under the Kansas water appropriation act, or
			 implementing regulations, during the five calendar years preceding the calendar
			 year in which the most recent violation occurred and if that calendar year is
			 not determinable, then preceding the calendar year in which the order is issued
			 for the most recent violation;
(B)
			 the absence of intentional noncompliance or gross negligence; or
(C) prompt cessation or correction of the
			 violation upon discovery or notification by the chief engineer or an authorized
			 representative or by personnel from a groundwater management
			 district.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-11 - Civil fines; water use reporting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any owner of a water right or approval of
			 application may be assessed a civil penalty of $1,000 per year for each water
			 right or approval of application for which the owner does not perform the
			 following:
(1) Timely submit an annual water
			 use report pursuant to
			 K.S.A.
			 82a-732, and amendments thereto;
			 and
(2) submit a complete and
			 accurate water use report pursuant to
			 K.S.A.
			 82a-732, and amendments thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-12 - Civil penalties for exceeding the authorized quantity of water

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Penalty order.
			 In addition to any other authorized enforcement procedures, if the chief
			 engineer finds a diversion of water in excess of the authorized quantity, a
			 written penalty order may be issued by the chief engineer pursuant to
			 82a-737(e), and amendments thereto.
(b) Owner liability and effect of penalty on
			 water right. Any civil penalty and any temporary reduction or suspension of the
			 quantity of water authorized to be diverted under a water right in this state
			 may be enforced against the owner or owners of the water right and shall attach
			 to and transfer with the water right to any subsequent heir, assignee,
			 purchaser, or other subsequent holder of the water right.
(c) Penalty categories. Any violation for
			 diversion of water in excess of the authorized quantity may be subject to the
			 penalties specified in one of the following categories, as listed in subsection
			 (e): category 1, category 2, category 3, or category 4.
(1) A category 1 penalty may be assessed if
			 no penalty for diversion of water in excess of the authorized quantity has been
			 assessed against the water right for a violation that occurred during the five
			 calendar years preceding the calendar year in which the most recent violation
			 occurred.
(2) A category 2 penalty
			 may be assessed if one prior penalty for diversion of water in excess of the
			 authorized quantity has been assessed against the water right for a violation
			 that occurred during the five calendar years preceding the calendar year in
			 which the most recent violation occurred.
(3) A category 3 penalty may be assessed if
			 two prior penalties for diversion of water in excess of the authorized quantity
			 have been assessed against the water right for a violation that occurred during
			 the five calendar years preceding the calendar year in which the most recent
			 violation occurred.
(4) A category
			 4 penalty may be assessed if three or more prior penalties for diversion of
			 water in excess of the authorized quantity have been assessed against the water
			 right for a violation that occurred during the five calendar years preceding
			 the calendar year in which the most recent violation occurred.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 15 - MINIMUM DESIRABLE STREAMFLOWS › Section 5-15-1 - Administration of minimum desirable streamflow

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 specified in subsection (d), if the streamflow at a minimum desirable
			 streamflow (MDS) gaging station falls below the streamflow established in
			 K.S.A.
			 82a-703c, and amendments thereto, for a
			 period of seven consecutive days, a determination of whether the following
			 conditions have been met shall be made by the chief engineer:
(1) The actual daily average streamflow at
			 the gage has been less than the streamflow trigger value set by K.A.R. 5-15-4.
(2) If an alluvial aquifer has a
			 significant effect on streamflow, the static groundwater level in the alluvial
			 aquifer above the gage is insufficient to maintain MDS in the stream.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 15 - MINIMUM DESIRABLE STREAMFLOWS › Section 5-15-2 - Minimum desirable streamflow consent orders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An annual
			 minimum desirable streamflow (MDS) consent order according to K.A.R.
			 5-15-1(c)(1) may be entered into by the chief engineer and the owner of the
			 water right or approval of application to divert surface water.
This consent order shall contain the following provisions:
(1) Whenever the chief engineer has
			 determined that the administration of water rights and approvals of
			 applications to divert surface water with a priority after April 12, 1984 is
			 necessary to protect the minimum desirable streamflow set by
			 K.S.A.
			 82a-703c, and amendments thereto, water shall
			 not be diverted under the authority of these water rights or approval of
			 applications unless the owner has been notified by the chief engineer by
			 certified mail, personal notice, or other verifiable means that either of the
			 following conditions has been met:
(A)
(i) The chief engineer has determined that
			 the average daily streamflow has been, or is likely to be, at or above the
			 temporary surface water diversion threshold for a period of time specified in
			 K.A.R. 5-15-4 or set by the chief engineer according to K.A.R. 5-15-1(d); and
(ii) the chief engineer has
			 determined that water is available to be diverted during that time period under
			 the priority of water rights or approval of applications with a priority after
			 April 12, 1984 without impairing senior water rights or senior water
			 reservation rights.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 15 - MINIMUM DESIRABLE STREAMFLOWS › Section 5-15-3 - Cessation of minimum desirable streamflow administration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 specified in subsection (c), whenever the chief engineer determines that both
			 of the conditions specified in subsection (b) have been met, the administration
			 of water rights and approvals of applications with a priority after April 12,
			 1984 to protect minimum desirable streamflows pursuant to
			 K.S.A.
			 82a-703c, and amendments thereto, shall be
			 declared by the chief engineer to be no longer necessary. The owners of those
			 water rights and approvals of applications shall be notified by the chief
			 engineer by certified mail, personal notice, or other verifiable means that the
			 owners may recommence diverting water in accordance with the terms, conditions,
			 and limitations of their water rights or approvals of applications.
(b)
(1) The
			 streamflows at the minimum desirable streamflow (MDS) gage have exceeded the
			 streamflows established by
			 K.S.A.
			 82a-703c, and amendments thereto, for a
			 period of 14 consecutive days.
(2)
			 If a significant alluvial aquifer exists, the average static water level in the
			 alluvial aquifer has recovered sufficiently to maintain MDS in the stream.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 15 - MINIMUM DESIRABLE STREAMFLOWS › Section 5-15-4 - Standards for minimum desirable streamflow

Current through Register Vol. 43, No. 28, July 11, 2024
The streamflow trigger values, temporary surface water
				diversion thresholds, and well pumping allowances set forth in the following
				table shall be used whenever appropriate in these regulations.
MDS gaging station streamflow trigger value temporary surface
				water diversion threshold well pumping allowance
Republican River Concordia 150 percent of the daily average MDS
				value* for the 60 preceding days 115 percent of MDS value* for a period of at
				least five days 32 percent of the maximum annual quantity of water that has not
				been diverted under the authority of that water right or approval of
				application, at the time MDS administration begins
Republican River Clay Center 150 percent of the daily average
				MDS value* for the 60 preceding days 100 percent of MDS value* for a period of
				at least five days 32 percent of the maximum annual quantity of water that has
				not been diverted under the authority of that water right or approval of
				application, at the time MDS administration begins
* "MDS value" means the minimum desirable streamflow value
				established by
				K.S.A.
				82a-703c, and amendments thereto.
This regulation shall be effective on and after August 27,
				2002.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 16 - FLEX ACCOUNT › Section 5-16-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The terms and definitions in this regulation shall apply to
				this article and to
				K.S.A.
				82a-736, and amendments thereto, unless the
				context clearly requires otherwise.
(a) "Subdivision or subdivisions of the place
			 of use for the base water right" means one or more portions of the authorized
			 place of use under the base water right that are identifiable and completely
			 circumscribed by the boundaries of place of use for the base water
			 right.
(b) "Water conservation"
			 means conservation by means of actual physical changes in a water distribution
			 system or management practices that improve water use efficiency, which shall
			 include one or more of the following:
(1)
			 Conversion from flood irrigation to center pivot irrigation with a nozzle
			 package designed to improve water use efficiency;
(2) conversion to subsurface drip
			 irrigation;
(3) removal of an end
			 gun, resulting in a significant reduction in the number of irrigated acres;
			 or
(4) enrollment of the base water
			 right in the water right conservation program, the conservation reserve
			 program, or any other multiyear water conservation program approved by the
			 chief engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 16 - FLEX ACCOUNT › Section 5-16-3 - Establishing a multiyear flex account

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A multiyear flex account shall be
			 established by filing an application for a multiyear flex account and a term
			 permit on a form prescribed by the chief engineer. Each application shall meet
			 the following requirements:
(1) Except as
			 specified in subsection (e), a separate application shall be filed for each
			 water right and each point of diversion for which the owner desires to
			 establish a multiyear flex account. Each application shall be accompanied by
			 the appropriate filing fee;
(2) be
			 date-stamped showing the date the application was filed with the chief
			 engineer;
(3) indicate the five
			 consecutive calendar years that are to be designated as the multiyear flex
			 account period; and
(4) indicate
			 whether the multiyear flex account period will commence with the year in which
			 the application is made if filed before October 1, or with the next calendar
			 year after the calendar year in which the application is filed.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 16 - FLEX ACCOUNT › Section 5-16-4 - Conditions on the term permit

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The place of use authorized by a term permit shall be identical to the place or
			 places of use authorized by the base water right or rights or a subdivision or
			 subdivisions of the place of use for the base water right.
(b) The types of use authorized by a term
			 permit shall be limited to the types of use authorized by the base water right
			 or rights.
(c) The rate of
			 diversion authorized by a term permit shall not exceed the maximum
			 instantaneous rate of diversion authorized by the base water right or
			 rights.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 16 - FLEX ACCOUNT › Section 5-16-6 - Multiyear flex accounts and term permits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The duration of the multiyear flex
			 account and term permit shall be five consecutive calendar years.
(b) If water use records for a base water
			 right are inadequate to accurately determine actual water use during any
			 calendar year in the period used to determine the base average usage, then the
			 actual water use for that calendar year shall be deemed to be zero.
(c) There shall be no carryover of unused
			 quantities of water from one multiyear flex account or term permit to another
			 multiyear flex account or term permit.
(d) No multiyear flex account shall be
			 allowed if the multiyear flex account is inconsistent with the provisions of
			 any intensive groundwater use control area created pursuant to
			 K.S.A.
			 82a-1036 through
			 K.S.A.
			 82a-1040, and amendments thereto, or any
			 local enhanced management area created pursuant to
			 K.S.A.
			 82a-1041, and amendments thereto.
(e) Water flowmeters shall be required under
			 all multiyear flex account term permits and shall meet all of the following
			 requirements:
(1) A water flowmeter meeting
			 the requirements of the chief engineer shall be installed on each point of
			 diversion authorized by the base water right.
(2) Each water flowmeter and the measuring
			 chamber shall be sealed to the diversion works in a manner to ensure that the
			 flowmeter and the measuring chamber can not be removed and reinstalled without
			 breaking the seal.
(3) Each water
			 flowmeter register shall be sealed in a manner to ensure that the register can
			 not be manipulated without breaking the seal.
(4) Each replacement of a water flowmeter
			 during the duration of a multiyear flex account shall be equipped with an
			 anti-reverse-flow mechanism.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 16 - FLEX ACCOUNT › Section 5-16-7 - Conditions under which a base water right may be exercised

Current through Register Vol. 43, No. 28, July 11, 2024
Each term permit approved by the chief engineer pursuant to
				K.S.A.
				82a-736, and amendments thereto, shall
				include the condition that if the term permit can no longer be exercised
				because of an order issued by the chief engineer, including an intensive
				groundwater use control area order, a minimum desirable streamflow order, or an
				order to administer water rights to prevent impairment, then any base water
				right may be exercised to the extent that all of the following conditions are
				met:
(a) The base water right is in
			 priority, including priority with respect to any established minimum desirable
			 streamflow.
(b) The annual quantity
			 of water authorized by the base water right has not been diverted during that
			 calendar year.
(c) The five-year
			 quantity authorized by the term permit has not been completely used.
(d) The use of water under the base water
			 right does not impair water rights senior to the base water right.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-1 - Definitions for water banking

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these water banking regulations, in the Kansas water
				banking act,
				K.S.A.
				82a-761 et seq. and amendments thereto, and
				by the chief engineer in the administration of this act, unless the context
				clearly requires otherwise, the following words and phrases shall have the
				meanings ascribed to them in this regulation:
(a) "Bankable water right" means a water
			 right, or portion of a water right, that meets the requirements of the
			 following:
(1)
									K.S.A.
			 82a-764, and amendments thereto; and
(2) the water bank charter.
In calculating the portion of a water right that is bankable,
				credit shall be given for any water conservation practices implemented
				according to this regulation. The bankable portion of linked water rights shall
				be determined on a case-by-case basis. For a surface water right that has water
				available from a water assurance district, the quantity of water available from
				the water assurance district may be considered when determining how much of the
				water right is bankable.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-2 - Application to deposit a water right into a water bank or withdraw a deposit

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each water
			 right owner proposing to deposit all or a portion of a water right into a water
			 bank shall complete an application on a form prescribed by the water bank and
			 approved by the chief engineer. The application shall be filed with the water
			 bank on or before April 1 of the year in which the deposit will be made. A
			 water right, or a portion of a water right, may be deposited only in increments
			 of full calendar years. A water right shall not be eligible for deposit if
			 water use occurred under the water right, or a portion of the water right, at
			 any time from January 1 through March 31 of the year in which the deposit will
			 be made. The application shall contain the following information concerning the
			 water right, or portion of the water right, that is proposed to be deposited:
(1) The file number of the water right to be
			 deposited;
(2) if the water right
			 is a vested right or an appropriation right that has been certified by the
			 chief engineer, specification of that status;
(3) the hydrologic unit from which the water
			 right is authorized to withdraw water;
(4) the calendar years during which the water
			 right will be on deposit. This period shall not exceed five years;
			 and
(5) any CRP contracts that were
			 in effect for any part of the representative past period.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-3 - Contract for deposit of a water right

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each water
			 right owner that has an application approved for the deposit of all or a
			 portion of a water right into a water bank and that desires to deposit all or a
			 portion of the water right into the water bank shall enter into a contract with
			 the water bank that includes the following provisions and information:
(1) The file number of the water right to be
			 deposited;
(2) the hydrologic unit
			 from which the water is authorized to be withdrawn;
(3) the calendar years during which the water
			 right will be on deposit, which shall not exceed five years;
(4) the quantity of water to be deposited;
(5) the terms of payment for the
			 deposit;
(6) if a portion of a
			 water right is deposited, an agreement that the quantity of water pumped under
			 the portion of the water right that is not deposited shall not exceed the
			 difference between the bankable portion of the water right and the amount
			 deposited; and
(7) an
			 acknowledgment of the specific fines or suspension penalties that will be
			 imposed for violation of the contract.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-4 - Application to lease water

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person
			 proposing to lease water from a water bank shall complete an application for a
			 contract to lease water on a form prescribed by the water bank and approved by
			 the chief engineer and an application for a term permit. The application for
			 the contract shall be filed with the water bank. The application for a term
			 permit shall be filed with the chief engineer. Each application shall include
			 the following information concerning the water proposed to be leased:
(1) The quantity of water to be leased;
(2) the proposed maximum rate of
			 diversion;
(3) the calendar years
			 during which water is proposed to be leased, which shall not exceed the length
			 of the water bank charter plus three calendar years;
(4) the location of the proposed point of
			 diversion, including the hydrologic unit;
(5) the proposed place of use;
(6) the proposed use made of water;
(7) the water flowmeter reading
			 from the proposed point of diversion, if the water will be diverted from an
			 existing point of diversion, at the time the application is filed;
(8) the file numbers of the other water
			 rights and approvals of applications that authorize use of water from the
			 proposed point of diversion; and
(9) if the proposed use is for irrigation,
			 the number of acres that will be irrigated and the number of acres of each type
			 of crop that will be grown.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-5 - Contract to lease water

Current through Register Vol. 43, No. 28, July 11, 2024
Any person who has an application approved by the water bank
				for the lease of water from the water bank may enter into a contract with the
				water bank to lease water. The contract shall be entered into before a term
				permit can be issued by the chief engineer and shall include the following
				information and provisions:
(a) The
			 quantity of water to be leased;
(b) the maximum rate of diversion at which
			 the leased water will be diverted;
(c) the calendar years during which water
			 will be leased, which shall not exceed the length of the water bank charter
			 plus three calendar years;
(d) the
			 location of the point of diversion where the leased water will be diverted,
			 including the hydrologic unit;
(e)
			 the use made of the water to be leased;
(f) the place of use of the water to be
			 leased.
The place of use shall be identical to a place of use
				authorized by an existing water right or approval of application, or shall be
				an entirely new place of use;
(g) the terms of payment for the lease of
			 water;
(h) the penalties for
			 breach of the lease, including those set forth in K.A.R. 5-17-13; and
(i) a provision that if the term
			 permit is not obtained by a certain date or the term permit is dismissed for
			 any reason, the contract shall not be exercised.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-6 - Conditions on the term permit to exercise a contract to lease water

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A contract
			 to lease water may be exercised only if the chief engineer approves an
			 application for a term permit to divert the leased water.
(b) The following conditions shall be imposed
			 by the chief engineer on the term permit authorizing the use of water leased
			 from a water bank:
(1) The maximum reasonable
			 quantity of water that may be diverted per calendar year, as set forth in
			 K.A.R. 5-17-17, and the maximum quantity of water that may be diverted during
			 the term of the permit;
(2) the
			 maximum rate of diversion;
(3) the
			 term of the permit, which shall not exceed the length of the water bank charter
			 plus three calendar years;
(4) the
			 authorized point of diversion;
(5)
			 the authorized place of use;
(6)
			 the authorized use made of the leased water;
(7) a provision that the diversion shall not
			 cause the impairment of any existing water rights;
(8) a provision that the diversion shall not
			 cause an increase in depletion to any severely depleted groundwater aquifer or
			 severely depleted stream course;
(9) a provision that the leased water shall
			 be diverted from, and used within, the same hydrologic unit where the water
			 rights were deposited; and
(10) a
			 provision that any violation of a term permit used to exercise a lease shall
			 make the permittee subject to the penalty provisions of K.A.R. 5-17-13.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-7 - Contract to deposit water in a safe deposit account

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person
			 proposing to deposit water into a safe deposit account shall enter into a
			 contract with the water bank on a form prescribed by the water bank and
			 approved by the chief engineer. The contract shall include the following
			 information and provisions and any other provision needed to ensure that the
			 deposit complies with the provisions of the Kansas water banking act and
			 regulations:
(1) The term of the contract,
			 which shall be for a specific number of calendar years and shall not exceed the
			 length of the water bank charter plus three years;
(2) the proposed deposit of water, which
			 shall be from a water right that is bankable;
(3) the water right from which water is being
			 deposited. The water right shall be in good standing and shall be vested or
			 certified;
(4) the hydrologic unit
			 from which water is being deposited;
(5) the terms of payment for the deposit and
			 a provision that any fees paid are not refundable if the water user voids the
			 contract, or causes it to be void, for any reason;
(6) the location of the point of diversion
			 authorized by the water right that is proposed to be deposited;
(7) the water right file numbers of any
			 linked water rights that are proposed to be deposited; and
(8) a provision that the contract shall be
			 entered into by December 31 of the year preceding the first year for which the
			 owner desires to make a deposit in the safe deposit account.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-8 - Depositing water in a safe deposit account

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 calendar year in which water is deposited, the depositor shall file a deposit
			 slip, on a form prescribed by the water bank and approved by the chief
			 engineer, with the water bank indicating the quantity of water that was unused
			 and the quantity of water that the depositor proposes to deposit.
(b) Water shall be deposited in an existing
			 safe deposit account no later than March 1 of the year following the calendar
			 year in which the water was not used.
(c) When the deposit is made, the depositor
			 shall furnish the water bank with the following information:
(1) The water flowmeter readings at the
			 beginning and end of the calendar year in which the water was not used under
			 the water right; and
(2) the
			 quantity of water proposed to be deposited.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-9 - Term permit to use water that was deposited in a safe deposit account

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before
			 approval of a term permit to use water deposited in a safe deposit account, the
			 water bank shall certify to the chief engineer the quantity of water that is in
			 the safe deposit account.
(b)
			 Before any water that has been deposited into a safe deposit account may be
			 used, the applicant shall apply for a term permit, submit the appropriate
			 filing fee, and receive approval from the chief engineer. Each term permit
			 shall contain the following conditions:
(1)
			 The maximum rate of diversion of water;
(2) the maximum quantity of water that may be
			 diverted the remainder of that calendar year, which shall not exceed the
			 quantity of water certified by the water bank to be in the safe deposit
			 account;
(3) the length of the
			 term permit, which shall not exceed December 31 of the year in which the term
			 permit was issued by the chief engineer. No extensions of time shall be granted
			 for this type of term permit;
(4)
			 a provision that the use of water under the term permit shall not impair any
			 existing water rights;
(5) a
			 provision that the use of water under the term permit shall not cause an
			 increase in the depletion of a severely depleted groundwater aquifer or
			 severely depleted stream course; and
(6) a provision that violation of any of the
			 terms of the term permit shall subject the owner to the penalty provisions of
			 K.A.R. 5-17-13.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-11 - Annual reports of water banks

Current through Register Vol. 43, No. 28, July 11, 2024
Each water bank shall file an accounting report with the chief
				engineer each calendar year containing the following information:
(a) The file numbers of the water rights, or
			 portion of the water rights, deposited in the water bank;
(b) the annual quantity of water authorized
			 for diversion for each water right deposited and a determination of the
			 bankable quantity of water associated with each deposited water right;
(c) the term of each deposit;
(d) the hydrologic unit from which
			 each water right was deposited;
(e) the file number of each term permit
			 authorizing a lease of water;
(f)
			 the term of the lease;
(g) the
			 annual quantity of water that has been leased from each hydrologic unit;
(h) the hydrologic units where the
			 leased water was diverted;
(i) the
			 net year-end balance of water deposited versus water leased in each hydrologic
			 unit within the water bank's boundaries;
(j) the annual quantity of water deposited
			 into safe deposit accounts;
(k)
			 the annual quantity of water used from safe deposit accounts;
(l) the hydrologic unit in which water was
			 deposited in a safe deposit account;
(m) the total year-end balance of water
			 remaining in safe deposit accounts after the 10 percent year-end reduction for
			 all individual accounts;
(n) the
			 total quantity of water diverted during the last three calendar years, by type
			 of use;
(o) the total number of
			 acres irrigated and the number of acres of each crop grown during the last
			 three calendar years;
(p) any
			 contracts that were breached, the nature of the breaches, and the enforcement
			 actions taken by the water bank; and
(q) the average annual quantity of water
			 diverted during the representative past period of each water right that has
			 been deposited in the water bank.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-12 - Water use reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each owner
			 of a water right authorized for irrigation use that deposits a water right in a
			 water bank or deposits water in a safe deposit account, and each person that
			 leases water for irrigation use and any linked water rights, shall file the
			 water use report required by
			 K.S.A.
			 82a-732, and amendments thereto, on or before
			 December 1 of the year for which water use is being reported.
(b) Each owner of a water right authorized
			 for non-irrigation use that deposits a water right in a water bank or deposits
			 water in a safe deposit account, and each person that leases water for
			 non-irrigation use and any linked water rights, shall file the water use report
			 required by
			 K.S.A.
			 82a-732, and amendments thereto, on or before
			 January 10 of the year following the year for which water use is being
			 reported.
(c) The failure of a
			 water right owner to submit a complete and accurate water use report, including
			 water flowmeter readings, as required by this regulation shall result in civil
			 fines in the amounts set forth in K.A.R. 5-14-11.
(d) If a water use report is inadequate to
			 accurately determine the actual water use during any calendar year, then that
			 year shall be counted as having had no water use for the purpose of determining
			 the extent to which a water right is bankable pursuant to
			 K.S.A.
			 82a-764, and amendments thereto, unless the
			 water use report is corrected as set forth in K.A.R. 5-3-5o.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-13 - Enforcement

Current through Register Vol. 43, No. 28, July 11, 2024
If any person violates any of the following, enforcement action
				may be taken by the chief engineer as specified in
				K.A.R.
				5-14-1 and
				K.A.R.
				5-14-10:
(a) A term, condition, or limitation of a
			 term permit issued to authorize the diversion of leased water;
(b) a term, condition, or limitation of a
			 term permit issued to withdraw water from a safe deposit account;
(c) a term, condition, or limitation of a
			 water right that has been deposited in the water bank or a safe deposit
			 account;
(d) any order of the
			 chief engineer concerning the deposit or lease of a water right; or
(e) any order or condition placed on the use
			 of the remainder of a water right that was partially deposited in the water
			 bank or a safe deposit account.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-14 - Water flowmeters

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following points of diversion shall meet the requirements specified in
			 subsection (b):
(1) Within a groundwater
			 bank, all non-domestic, non-temporary wells within the boundaries of the water
			 bank;
(2) within a surface water
			 bank, all non-domestic, non-temporary surface water points of diversion within
			 the boundaries of the water bank; and
(3) within a groundwater and surface water
			 bank, all non-domestic, non-temporary points of diversion within boundaries of
			 the water bank.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-15 - Private sale or lease of water right facilitated by a water bank

Current through Register Vol. 43, No. 28, July 11, 2024
If a water bank provides services to facilitate the sale or
				lease of water rights, the owner of the water rights that are bought, sold, or
				leased between private parties shall be required to comply with all applicable
				statutes and regulations, including any regulation of the chief engineer
				limiting the distance that a point of diversion may be moved.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-16 - Priority of use of water rights and permits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If multiple
			 water rights or permits authorize the use of water from a single point of
			 diversion, the water shall be considered to be used in the order of priority
			 with the earliest priority first.
(b) If the water used exceeds the total
			 quantity of water authorized by the water rights and permits described in
			 subsection (a) that authorize water use from that point of diversion, all water
			 rights and permits under which the water was lawfully diverted shall be deemed
			 to be violated unless this presumption is rebutted by one or more of the water
			 right owners.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-17 - Waste of leased water and safe deposit account water

Current through Register Vol. 43, No. 28, July 11, 2024
For using leased water or water withdrawn from a safe deposit
				account, the quantity not considered to be waste for irrigation use shall be
				150 percent of the value specified in
				K.A.R.
				5-3-24 for the county where the point of
				diversion is located.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-18 - Reimbursable and non-reimbursable costs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following costs incurred by the chief engineer for assistance and services to
			 implement the Kansas water banking act shall be reimbursable by a water bank:
(1) The cost of reviewing and approving a
			 proposed water bank charter;
(2)
			 the cost of determining the extent to which a water right is bankable and in
			 good standing;
(3) the cost of
			 reviewing an annual report filed by a water bank and conducting the analysis
			 necessary to determine if the water bank has complied with the terms of the
			 Kansas water banking act;
(4)
			 extra costs incurred to require water use reports to be filed earlier than
			 March 1, the tracking of that information, and reporting that information to a
			 water bank;
(5) increased costs
			 incurred to provide other water use and water right information to water banks
			 or water bank customers;
(6) the
			 costs to monitor and enforce the provisions of the Kansas water banking act;
(7) the costs of meetings and
			 other discussions with water bank officials and employees;
(8) the cost of enforcement of terms,
			 conditions, and limitations of term permits issued to allow withdrawal of
			 leased water and water from safe deposit accounts;
(9) if additional enforcement of water rights
			 and permits is requested by a water bank, enforcement costs that would not have
			 been incurred by the chief engineer in the ordinary course of business against
			 all water rights diverting water from within the boundaries of the water bank
			 to prevent overpumping; and
(10)
			 the cost incurred if a water bank or a water bank customer requests the chief
			 engineer to hold an abandonment hearing necessary to determine whether a water
			 right is bankable that would not have been done in the ordinary course of
			 business by the chief engineer at that time.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 19 - LOCAL ENHANCED MANAGEMENT AREAS › Section 5-19-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in this article of the
				division's regulations, shall have the meaning specified in this
				regulation:
(a) "GMD" means a
			 groundwater management district established pursuant to K.S.A. 82a-1020  et
			 seq., and amendments thereto.
(b)
			 "LEMA" means a local enhanced management area pursuant to K.S.A. 82a-1041, and
			 amendments thereto.
(c) "LEMA plan"
			 means the document adopted by a groundwater management district that specifies
			 the basis for the designation and operation of a local enhanced management
			 area.
(d) "Presiding officer" means
			 either the chief engineer or a hearing officer appointed for the purpose of
			 conducting public hearings regarding a local enhanced management area pursuant
			 to K.S.A. 82a-1041, and amendments thereto.