Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-22 - Movement of water rights affecting stream-flow at Rattlesnake creek

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To improve
			 streamflow at the zenith gage on Rattlesnake creek, otherwise known as United
			 States geological survey gage #07142575, each vested or certified water right
			 located within zone D of the division of water resources' map titled
			 "Rattlesnake creek streamflow response regions," dated February 14, 2018,
			 hereby adopted by reference, and subsequently referred to in this regulation as
			 "response map," shall be eligible to offset new appropriations of water located
			 within the district if all of the following conditions are met:
(1) The source of water supply for the
			 currently authorized well is located within zone D of the response
			 map.
(2) The rate and quantity of
			 the existing water right are the maximum rate and quantity available for the
			 new application. The rate and quantity of a new application for irrigation use
			 shall be determined under
			 K.A.R.
			 5-5-11. A new application may change the use
			 made of water. However, the new application shall not allow for an increase in
			 the net consumptive use greater than the existing water right under
			 K.A.R.
			 5-5-3.
(3) The water right has reported use between
			 January 1, 2003 and December 31, 2012, and the reported use is equal to or
			 greater than 50 percent of the authorized use in at least two years. Each water
			 right enrolled in a state or federal conservation program during this period
			 that required the voluntary cessation of water use shall be eligible for
			 movement under this regulation if all other requirements are met and the
			 applicant demonstrates the existing water right's ability to pump at least 50
			 percent of authorized use during any year.
(4) The new location will reduce the impact
			 at the zenith gage by 30 percent or more compared to the current location of
			 the well as determined by the response map. The new location is in an area with
			 less than 40 percent impact at the zenith gage as determined by the response
			 map.
(5) The average saturated
			 thickness in the two-mile-radius circle in which the proposed well will be
			 located is greater than 40 feet as shown on the saturated thickness map in
			 K.A.R.
			 5-25-19. However, additional site-specific
			 information, including data from more recently drilled wells or test holes, may
			 be submitted to demonstrate that the average saturated thickness is greater
			 than 40 feet.
(6) The water level
			 within the two-mile-radius circle surrounding the proposed well location has
			 not declined more than five percent from the predevelopment water level as
			 shown in the relevant Kansas geological survey bulletins, including bulletin
			 numbers 65, 80, 88, 120, 205, and 206. Any applicant may submit additional
			 site-specific information, including data from more recently drilled wells or
			 test holes, to demonstrate that the area has not declined more than five
			 percent from the predevelopment water level.
(7) The new location will meet the safe-yield
			 analysis based on a two-mile-radius circle with a recharge rate of 2.25 inches
			 and 75 percent available for appropriation pursuant to
			 K.A.R.
			 5-3-11 or a safe-yield analysis utilizing
			 modeling as completed by the applicant or district.
(8) No other well has previously been
			 authorized by the chief engineer to be relocated within a one-mile radius of
			 the proposed well location under this regulation, or the applicant demonstrates
			 that the proposed well will not impair existing water rights.
(9) All other statutory and regulatory
			 requirements for approval of a new appropriation of water for a beneficial use
			 that do not conflict with this regulation are met.