reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 2 - VESTED RIGHTS › Section 5-2-3 - Battery of wells

Current through Register Vol. 43, No. 28, July 11, 2024
Except as set forth in subsection (c), if a permit to
				appropriate water did not authorize a battery of wells, as defined in
				K.A.R.
				5-1-1, before the effective date of this
				regulation, an application for change filed pursuant to
				K.S.A.
				82a-708b, and amendments thereto, to add one
				or more wells to the authorized well to create a battery of wells shall not be
				approved unless all of the following criteria in either subsection (a) or (b)
				are met at the time that the application for change is filed:
(a)
(1) The
			 time to construct the diversion works has not expired.
(2) The proposed battery will meet the
			 definition of a battery of wells as defined in K.A.R. 5-1-1.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 2 - VESTED RIGHTS › Section 5-2-4 - Determination or certification of a domestic water right

Current through Register Vol. 43, No. 28, July 11, 2024
Each application filed after the effective date of this
				regulation to determine or certify a domesticwater right based on water use in
				a confined feeding facility that had a capacity of 1,000 head or more and was
				privately owned and operated before May 1, 1986 shall be determined or
				certified for an annual quantity of water of 15 acre-feet or the annual
				quantity of water actually used, whichever is less.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-1 - Application acceptable for filing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To be
			 acceptable for filing, an application for an approval of application shall be
			 accompanied by the statutorily required filing fee, except for an application
			 for domestic use, and shall contain all of the following:
(1) The name and mailing address of each
			 applicant;
(2) the signature of
			 each applicant or each authorized representative;
(3) the proposed source of water supply;
(4) the proposed authorized place
			 of use; and
(5) either a
			 description of the location of the proposed point of diversion or a request for
			 a 60-day period of time in which to establish the proposed point of diversion
			 within a specifically described, nominal legal quarter section of land.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-1a - Application for a basin term permit

Current through Register Vol. 43, No. 28, July 11, 2024
An application for a basin term permit shall be filed on a form
				prescribed by the chief engineer. The term requested shall not exceed one year.
				A basin term permit may be extended in one-year increments if all of the
				following conditions are met:
(a) The
			 request for extension is filed before the end of the current term in a manner
			 acceptable to the chief engineer.
(b) The applicant has complied with the
			 terms, conditions, and limitations of the basin term permit during the previous
			 calendar year.
(c) Granting the
			 requested extension will not cause impairment of each approval of application
			 and water right with an earlier priority.
(d) The applicant shows good cause why the
			 extension should be granted.
The total time authorized by a basin term permit shall not
				exceed five calendar years. Basin term permits shall not be transferable. At
				the end of the specified term, the permit shall be dismissed, and any priority
				it may have had shall be forfeited.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-1b - Complete new application

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A new
			 application to appropriate water for beneficial use shall be considered to be a
			 "complete application" for the purposes of
			 K.S.A.
			 82a-708a, and amendments thereto, if the
			 application completely and accurately meets all the requirements specified in
			 this regulation and the following criteria:
(1) The requirements specified in
			 K.S.A.
			 82a-708a, and amendments thereto;
(2) the requirements specified in
			 K.S.A.
			 82a-709, and amendments thereto;
(3) the requirements specified in
			 K.S.A.
			 82a-710, and amendments thereto;
(4) any water conservation plans required by
			 the chief engineer pursuant to
			 K.S.A.
			 82a-733, and amendments thereto;
(5) the requirements of
			 K.S.A.
			 82a-301 through
			 K.S.A.
			 82a-305a, and amendments thereto, if the
			 proposed point of diversion, or rediversion, is a dam or stream obstruction;
(6) the requirements specified in
			 K.A.R. 5-3-1;
(7) the requirements
			 specified in K.A.R. 5-3-4; and
(8)
			 the requirements specified in K.A.R. 5-3-4d.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-2 - Priorities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon receipt
			 in the office of the chief engineer of an acceptable application for permit to
			 appropriate water for beneficial use, accompanied by the statutory application
			 fee, a stamp showing the date and time of receipt shall be placed on the
			 application form. The date and time of receipt of the application for any use,
			 other than domestic, shall establish the priority of whatever appropriation
			 right that may be subsequently perfected pursuant to the application;
(b) The date and time of the
			 receipt of an application for permit to appropriate water for domestic use or
			 the date of the first use of water for such purpose, whichever is earlier,
			 shall establish the priority of the appropriation right for domestic use. When
			 the first use of water is earlier in time than the filing date of an
			 application, the applicant shall furnish affidavits from disinterested parties
			 to substantiate the date that water was first used from the appropriate water
			 supply for domestic purposes.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-3 - Storage of water for domestic use

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any person
			 entitled to use surface water for beneficial purposes may collect and store
			 surface water if the collection, storage, use, and times of use are consistent
			 with reasonable storage and conservation practices. A reasonable quantity of
			 water stored for domestic use shall be considered to be any quantity of water
			 that meets the following requirements:
(1) Is
			 sufficient to satisfy the domestic use for the current year and two succeeding
			 years; and
(2) is necessary for
			 the initial filling of the reservoir and refilling the reservoir after being
			 drawn down for maintenance or other essential reasons. Collection and storage
			 of all natural flows for domestic use shall be subject to vested rights and
			 prior appropriation rights.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-3a - Legal access

Current through Register Vol. 43, No. 28, July 11, 2024
If the chief engineer is aware, or becomes aware, that the
				applicant does not have legal access to either the point of diversion or the
				place of use, before an application for any of the following can be approved by
				the chief engineer, the applicant shall demonstrate that the applicant has
				legal access to the proposed point of diversion and the proposed place of use
				before the approval of the application:
(a) An approval of application;
(b) a change in place of use;
(c) a change in point of diversion; or
(d) any combination of subsections
			 (a), (b), and (c).
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-4 - Application

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application for a permit to appropriate water for beneficial use shall contain
			 all the information requested for the proposed uses as specified in the
			 prescribed application form and any other information that may be required for
			 a complete understanding of the proposed appropriation.
(b) Each application shall be accompanied by
			 an aerial photograph or a detailed plat with a scale of at least one inch
			 equals 1,320 feet, or a U. S. geological survey topographic map, with a scale
			 of at least 1:24,000. The following information shall be plotted on the plat,
			 photograph, or topographic map using appropriate symbols:
(1) The section corners;
(2) the center of the section, identified by
			 the section number, township, and range;
(3) the location of each point of diversion,
			 including each proposed well location, stream bank pump site, dam location or
			 location of other works for diversion of water;
(4) the location of the place of use,
			 including any remediation site or dewatering site, identified by crosshatching
			 or by some other appropriate method;
(5) the location of all other water wells of
			 every kind within one-half mile of each well covered by the proposed
			 appropriation, each of which shall be identified by its use and the name and
			 mailing address of the owner, if the proposed appropriation is for use of
			 groundwater;
(6) the name and
			 mailing address of the owner or owners of each tract of land adjacent to the
			 stream for a distance of one-half mile upstream and one-half mile downstream
			 from the property lines of the land owned or controlled by the applicant, if
			 the proposed appropriation is for the use of surface water;
(7) the locations of proposed or existing
			 dams, dikes, reservoirs, canals, pipelines, power houses, and any other
			 structures for the purpose of storing, conveying, or using water; and
(8) a north arrow and scale.
The information shown on the photograph, plat, or map shall be
				legible. Black line prints may be submitted in lieu of the original drawing if
				a plat is submitted.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-4a - Hearing before issuance of an order

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A hearing may be held pursuant to K.A.R.
			 5-14-3a by the chief engineer, or a person designated by the chief engineer,
			 before the chief engineer issues an order if one of the following conditions is
			 met:
(1) The chief engineer finds it to be in
			 the public interest to hold a hearing.
(2) A hearing has been requested by a person
			 who shows to the satisfaction of the chief engineer that approval of the
			 application could cause impairment of senior water rights or permits.
(3) The chief engineer desires public input
			 on the matter.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-4b - Deadlines for return of documents

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the chief
			 engineer allows a person a specific number of days to return or submit a
			 document or other information, the time period shall be computed as prescribed
			 in K.S.A.
			 60-206(a) and (e), and
			 amendments thereto.
(b) If a
			 person is given until a specific date to return or submit a document or other
			 information, the document or information shall be deemed to be timely filed if
			 it is received in the office of the chief engineer no later than the third
			 working day following the specified date. Working days shall be all days except
			 Saturdays, Sundays, and legal holidays designated by the United States
			 congress, the Kansas legislature, or the governor of Kansas. Half holidays
			 shall be counted as working days.
(c) Any document that is postmarked by the
			 United States postal service with a legible date on or before the deadline set
			 by the division for returning the document shall be accepted by the division as
			 being timely filed, regardless of when it is received. In the case of United
			 States registered mail, the date of registration shall be deemed to be the
			 postmark date. The term "United States postal service," as used in this
			 subsection, shall include a private delivery service available to the general
			 public that routinely records, in the regular course of business, the date the
			 item is given to the service for delivery. The date the item is given to the
			 service for delivery shall be deemed to be the postmark date.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-4c - Retaining new applications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A new
			 application to appropriate water for beneficial use shall be held by the chief
			 engineer in accordance with the terms of subsection (b) if the application
			 meets both of the following conditions:
(1)
			 The application is in proper form and has been completely processed, but cannot
			 be approved because it does not currently comply with one or more statutory or
			 regulatory requirements, including spacing, safe yield, and allowable
			 appropriation regulations.
(2)
			 There is good cause to believe that, if the application were held for a
			 reasonable period of time, it may be approvable in the future because of
			 actions currently pending on other permits and water rights in the area,
			 including issuance of certificates, dismissals of applications, and
			 declarations of abandonment.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-4d - Stratigraphic log requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 set forth in subsection (b), each applicant who files either of the following
			 applications shall submit to the chief engineer a stratigraphic log for a test
			 hole located within 300 feet of the proposed new or replacement well:
(1) A new application to appropriate
			 groundwater, except for domestic use, a temporary permit, or a term permit for
			 fewer than five years; or
(2) an
			 application to change the point of diversion to relocate a well.
This stratigraphic log shall contain geologic and any other
				information sufficient to allow the chief engineer to understand the lithology
				and to classify the groundwater source formation or formations from which the
				proposed well will be withdrawing water.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-4e - Groundwater source formation codes

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture, division of water
				resources' document titled "groundwater source formation codes," dated June 24,
				2004, is hereby adopted by reference. The groundwater source formation codes
				used by the chief engineer in administering the Kansas water appropriation act
				shall be the codes specified in this document.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5 - Approval of application

Current through Register Vol. 43, No. 28, July 11, 2024
The approval of an application on the prescribed form shall
				constitute a permit to proceed with the construction of authorized diversion
				works and the diversion and use of water.
The applicant shall be notified of the approval of the
				application by transmitting to him or her the original document setting forth
				the terms, conditions, and limitations of the permit which has been duly dated
				and signed by the chief engineer or his or her authorized representative. A
				copy of the approval of application and permit to proceed shall be maintained
				in the office of the chief engineer or the appropriate field office.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5a - Authorization for the use of water for emergency purposes

Current through Register Vol. 43, No. 28, July 11, 2024
The chief engineer, or a person designated by the chief
				engineer, may authorize the use of water for emergency purposes. The emergency
				approval shall be subject to the terms, conditions and limitations specified by
				the chief engineer and may be granted when determined to be in the public
				interest or when needed to protect the quality of a water supply, to provide
				fire protection, or to provide an alternate point of diversion or source of
				supply when the principal source of supply or point of diversion is unavailable
				due to conditions beyond the control of the applicant.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5b - Approval of application for water for the development of underground storage in mineralized formations

Current through Register Vol. 43, No. 28, July 11, 2024
In any case where it is not technologically and economically
				feasible to utilize poorer quality water for the development of underground
				storage in mineralized formations and fresh water must be used, the chief
				engineer shall require the construction of surface brine storage facilities to
				the extent economically and technologically feasible in an amount not to exceed
				forty percent (40%) of underground storage capacity of the applicant. This
				regulation does not exempt a person from complying with the requirements of
				other state and federal agencies relative to the construction of surface brine
				storage facilities.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5c - Check valves

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 diversion works not subject to regulation under the Kansas chemigation safety
			 law, K.S.A. 2-3301 et seq. and
			 amendments thereto, into which any type of chemical or other foreign substances
			 will be injected into the water pumped from the diversion works shall be
			 equipped with an in-line, automatic, quick-closing check valve capable of
			 preventing pollution of the source of the water supply.
(b) Each check valve required by the chief
			 engineer shall be constructed and installed in accordance with the requirements
			 specified in K.A.R. 5-6-13a.
(c)
			 Each check valve and all required components shall be maintained in an
			 operating condition that prevents backflow into the source of water supply
			 whenever a foreign substance could reasonably be expected to be introduced into
			 the water system.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5d - Requirement to install a water level measurement tube

Current through Register Vol. 43, No. 28, July 11, 2024
Each well with an authorized maximum rate of diversion of 100
				or more gallons per minute drilled after the effective date of this regulation,
				except those wells authorized under a temporary permit or a domestic right,
				shall have a tube installed in accordance with specifications adopted by the
				chief engineer. This tube shall be suitable for making water level measurements
				and shall be maintained in working condition.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5e - Meters and other water-measuring devices; reporting readings; maintenance, and replacement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the
			 purpose of this regulation, "meter" shall mean a water flowmeter or other
			 water-measuring device.
(b)
			 Whenever the installation of a meter is required by the chief engineer as a
			 condition of a water right or permit, by written order of the chief engineer,
			 or by requirement of a groundwater management district, the water right owner
			 shall report all information required on the form prescribed by the chief
			 engineer pursuant to
			 K.S.A.
			 82a-732, and amendments thereto, including
			 the following:
(1) The beginning and ending
			 readings of the meter each calendar year;
(2) the units in which the meter registers;
			 and
(3) the quantity of water
			 diverted during the calendar year in the same units in which the meter
			 registers.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5g - Designation of a water use correspondent

Current through Register Vol. 43, No. 28, July 11, 2024
If the owner or owners of an approval of application or a water
				right desire to delegate the authority to receive and submit the annual water
				use reports as prescribed by
				K.S.A.
				82a-732, and amendments thereto, to another
				person, an owner of the approval of application or the water right shall sign
				and submit a form prescribed by the chief engineer designating the person
				responsible to receive and submit the required annual water use report.
				However, the water right owner or owners shall remain, in all cases, the person
				or persons legally responsible for filing the water use reports required by
				K.S.A.
				82a-732, and amendments thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5h - Water conservation plans

Current through Register Vol. 43, No. 28, July 11, 2024
Each water conservation plan shall be submitted on a form
				prescribed by the chief engineer. The plan shall also contain the name,
				address, and telephone number of the designer of the water conservation plan.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5i - Time limit to implement a water conservation plan

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The time to
			 fully implement the water conservation plan shall be limited by the chief
			 engineer to a reasonable specific date, which may be extended for good cause
			 shown by the applicant.
(b) A
			 municipal or industrial water user shall be given at least one full calendar
			 year after the conservation plan is approved by the chief engineer to fully
			 implement the water conservation plan.
(c) A user of water for irrigation shall be
			 given at least one full growing season after the conservation plan is approved
			 by the chief engineer to fully implement the approved water conservation plan.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5k - Review of a water conservation plan

Current through Register Vol. 43, No. 28, July 11, 2024
The right to review the water conservation plan to determine if
				it is consistent with current guidelines adopted and maintained pursuant to
				K.S.A.
				74-2608, and amendments thereto, shall be
				reserved by the chief engineer. If the review determines that the water
				conservation plan is materially different from those guidelines, then the owner
				of the water right or approval of application may be ordered by the chief
				engineer to amend the water conservation plan to make it consistent with the
				current guidelines for conservation plans and practices adopted and maintained
				pursuant to
				K.S.A.
				74-2608, and amendments thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5l - Changes in a water conservation plan

Current through Register Vol. 43, No. 28, July 11, 2024
If a person required to implement a water conservation plan
				desires to make a material change in the plan, that person shall submit a
				request to make the change to the chief engineer on a form prescribed by the
				chief engineer. Any material change in an approved water conservation plan
				shall require the prior written approval of the chief engineer. Any proposed
				change in a water conservation plan shall be subject to the same type of review
				as that required for the original water conservation plan.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5m - Limited power of attorney

Current through Register Vol. 43, No. 28, July 11, 2024
If all of the owners of an approval of application or water
				right desire to authorize any other person to take any type, or types, of
				official action on behalf of the approval of application or water right, all of
				the owners of the approval of application or water right shall meet the
				following requirements:
(a) A limited
			 power of attorney shall be submitted to the chief engineer.
(b) The limited power of attorney shall be
			 signed and acknowledged by all of the owners of the approval of application or
			 water right and filed pursuant to the provisions of K.S.A. 58-601, and
			 amendments thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5n - Authorized place of use

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 set forth in subsection (b), each approval of application, or an approval of an
			 application for change filed in accordance with
			 K.S.A.
			 82a-708b, and amendments thereto, shall
			 describe the authorized place of use as either of the following:
(1) Land not authorized for beneficial use of
			 water by any other water right or approval of application; or
(2) exactly the same land authorized for
			 beneficial use of water by one or more prior approvals of applications or water
			 rights.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-5o - Amending water use reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 specified in this subsection, each annual water use report submitted to the
			 chief engineer pursuant to
			 K.S.A.
			 82a-732, and amendments thereto, shall be
			 considered the official report of water use information filed in the office of
			 the chief engineer. Each person who files a request to correct a water use
			 report shall ensure that the water use report is corrected in accordance with
			 all of the following procedures, in order for the corrected report to be
			 considered the official report:
(1) A written
			 request to correct the report is submitted to the chief engineer on a form
			 prescribed by the chief engineer.
(2) Each requested change in the water use
			 report is documented by independent, verifiable supporting information,
			 including fuel records, power records, crop production records, county
			 appraiser records, natural resource conservation service records, crop
			 insurance records, other similar types of records, and any combination of these
			 records. The independent, verifiable supporting information may be supported by
			 an affidavit from one or more competent, disinterested persons who have actual
			 personal knowledge of the facts.
(3) The written request, including the
			 supporting documentation, is verified upon oath or affirmation to be accurate
			 and complete to the best knowledge of the person filing the request.
(4) The person filing the request to change a
			 water use report sustains the burden to show the following:
(A) How the water use report on file in the
			 office of the chief engineer is erroneous or incomplete; and
(B) that the proposed changes are the most
			 complete and accurate water use information available.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-6 - Forfeiture, revocation and dismissal

Current through Register Vol. 43, No. 28, July 11, 2024
Failure of the applicant or his or her successors to comply
				with the provisions of the approval of application and permit to proceed and
				its terms, conditions and limitations without good cause shall result in the
				forfeiture of the priority date, revocation of the permit and dismissal of the
				application.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-6a - Sealing diversion works

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If
			 the chief engineer or any authorized representative has reasonable cause to
			 believe that any person has failed to obey an order or a notice and directive
			 of the chief engineer to cease and desist from operating a diversion works, the
			 chief engineer or authorized representative may place a seal, or a chain and
			 padlock, on the diversion works or any part of the diversion works in a manner
			 that renders the diversion works inoperable without breaking the seal, chain,
			 or padlock.
(b) The chief engineer
			 or any authorized representative may place a seal on any water flowmeter or
			 measuring chamber in a manner that prevents removal of the water flowmeter from
			 the measuring chamber and prevents access to the internal working parts of the
			 water flowmeter without breaking the seal. The seal may include a bolt, chain,
			 lock, or any combination of these, or any other mechanism.
(c) For purposes of this regulation,
			 "authorized representative" shall include any employee of the division or a
			 groundwater management district that has been delegated this authority by the
			 chief engineer in writing.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-7 - Request for extension of time

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For
			 applications filed after May 1, 1978, any request for extension of time either
			 for completion of diversion works or for perfecting the appropriation shall be
			 submitted to the chief engineer before the expiration of the time allowed for
			 completing the diversion works or perfecting the appropriation. The request
			 shall be signed by the holder of the approval of application and permit to
			 proceed, by the owner of the land to be irrigated, by an authorized official of
			 a municipality, corporation or partnership, or by any other person that has a
			 recognized interest in the appropriation.
Failure to request an extension of time to perfect the
				appropriation within the time allowed shall limit the water appropriation right
				to the extent perfected in accordance with the terms, conditions, and
				limitations set forth in the approval of application.
(b) The request for an extension of time
			 either for completion of diversion works or for perfecting the appropriation
			 shall be accompanied by the statutorily required filing fee and shall include
			 the following information:
(1) The
			 application number;
(2) the date
			 by which the diversion works will be completed or the appropriation will be
			 perfected;
(3) the progress that
			 has been made toward completing the diversion works or perfecting the
			 appropriation;
(4) if for
			 irrigation, the number of acres of land to which water has been applied during
			 one calendar year;
(5) the reason
			 why the diversion works have not been completed or the appropriation has not
			 been perfected; and
(6) the plans
			 for completing the diversion works or perfecting the appropriation.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-8 - Certificate of appropriation

Current through Register Vol. 43, No. 28, July 11, 2024
Upon determination that the appropriation diversion works have
				been completed and an appropriation right perfected in conformity with an
				approved application and plans, the chief engineer shall issue a certificate of
				appropriation setting forth the extent to which the appropriation right was
				perfected. No appropriation shall be determined for a quantity of water or a
				diversion rate in excess of that set forth in the approval of application and
				permit to proceed or in excess of that found to have been actually applied to
				the approved beneficial use or for any quantity of water found to have been
				wasted during the calendar year of record used as the basis for perfecting the
				appropriation right.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-9 - Public interest

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In
			 accordance with
			 K.S.A.
			 82a-711(b)(5), as amended,
			 in ascertaining whether a proposed use will prejudicially and unreasonably
			 affect the public interest, the chief engineer shall also take into
			 consideration the quantity, rate and availability of water necessary to:
(1) satisfy senior domestic water rights from
			 the stream;
(2) protect senior
			 water rights from being impaired by the unreasonable concentration of naturally
			 occurring contaminants; and
(3)
			 over the long term reasonably recharge the alluvium or other aquifers
			 hydraulically connected to the stream.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-10 - Availability of water for appropriation - safe yield

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 set forth in subsection (b) and K.A.R. 5-3-16 and K.A.R. 5-3-17, the approval
			 of any new application to appropriate groundwater or surface water for
			 beneficial use, except for domestic use, temporary use and term permits for
			 five years or less, shall not cause the safe yield of the source of water
			 supply to be exceeded, neither shall it otherwise prejudicially and
			 unreasonably affect the public interest. The approval of term permits shall not
			 allow impairment nor prejudicially and unreasonably affect the public interest.
(b) This regulation shall not
			 apply to an application which proposes:
(1)
			 to divert water from a source of water supply subject to a different safe
			 yield, allowable appropriation, depletion or other similar type of criteria
			 adopted by rule and regulation of the chief engineer or intensive groundwater
			 use control area order of the chief engineer issued pursuant to
			 K.S.A.
			 82a-1036 et seq., or
(2) to use water in a manner so that there is
			 no significant net consumptive use of the local source of supply either in
			 quantity or availability of water for use by other appropriators.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-11 - Availability of water for appropriation-safe yield; unconfined groundwater aquifers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application to appropriate groundwater from an unconfined aquifer shall be
			 processed in accordance with this regulation.
(b) To determine the safe yield available for
			 appropriation from an unconfined aquifer at a specific location, the following
			 procedure shall be used by the chief engineer:
(1) The amount of calculated recharge
			 occurring within the area of consideration shall be determined by the chief
			 engineer.
(2) That amount shall be
			 multiplied by the percent of calculated recharge determined by the chief
			 engineer to be available nondomestic groundwater and surface water for
			 appropriation.
(3) The total
			 quantity of water authorized and requested in the same area of consideration
			 shall be subtracted from the number derived from paragraph (b)(2) above. If a
			 water right or permit authorizes more than one point of diversion and not all
			 of them are within the area of consideration, the authorized quantity shall be
			 divided equally between or among all the points of diversion, unless
			 information is available to more accurately distribute the authorized quantity
			 between or among the multiple points of diversion.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-13 - Dewatering of construction sites

Current through Register Vol. 43, No. 28, July 11, 2024
The chief engineer shall limit the time in which water may be
				withdrawn for dewatering purposes. Any water right that may be perfected by the
				dewatering project shall be deemed abandoned and terminated upon the completion
				of the dewatering project. Any extension of time in which to complete the
				project must be requested in writing by the applicant prior to the expiration
				date on the permit.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-14 - Availability of water for appropriation-safe yield; confined groundwater aquifers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application to appropriate water from a confined aquifer shall be processed on
			 a case by case basis so that the safe yield of the source of water supply is
			 not exceeded.
(b) Until a specific
			 regulation is adopted by the chief engineer for the confined source of water
			 supply, the analysis shall be made using the best information reasonably
			 available to the chief engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-15 - Availability of water for appropriation-safe yield; surface water

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application filed to directly divert the natural flow of the Kansas river, the
			 Missouri river, the Big Blue river, the Spring river, or their tributaries,
			 shall:
(1) be processed in accordance with
			 K.A.R. 5-3-9; and
(2) meet all
			 other requirements for the approval of a new application.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-16 - Safe yield; exemptions for up to 15 acre-feet of groundwater

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application to appropriate groundwater in any area of the state shall be exempt
			 from meeting the safe yield criteria if all of the conditions in subsection (b)
			 are met.
(b)
(1) The proposed point of diversion will be
			 located in an area that is outside a groundwater management district that is
			 subject to safe yield criteria and meets either of the following conditions:
(A) Is not closed by regulation or intensive
			 groundwater use control area order by the chief engineer to new nondomestic,
			 nontemporary permits, and term permits for more than five years; or
(B) has not exceeded the quantity of water
			 available to be appropriated in the hydrologic unit as set forth in K.A.R.
			 5-3-11.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-16a - Closed areas; exemptions for up to five acre-feet of groundwater

Current through Register Vol. 43, No. 28, July 11, 2024
In any area of the state that is outside a groundwater
				management district and an intensive groundwater use control area (IGUCA) and
				that is closed to new appropriations of groundwater by regulation except for
				domestic use, temporary permits, and term permits for five or fewer years,
				applications to appropriate groundwater shall be exempt from meeting the safe
				yield criteria and the regulation closing the area to new appropriations if the
				chief engineer finds that all of the following criteria are met:
(a) The sum of the annual quantity of water
			 requested by the proposed appropriation and the total annual quantities of
			 water authorized by prior approvals of applications allowed because of an
			 exemption pursuant to this regulation does not exceed five acre-feet in a
			 two-mile-radius circle surrounding the proposed point of diversion.
(b) The annual quantity of water requested is
			 reasonable for the proposed beneficial use of water.
(c) All other criteria for processing a new
			 application to appropriate water at that location, including well spacing
			 criteria, have been met.
(d) The
			 approval of the application does not authorize an additional quantity of water
			 out of an existing well that would result in a total combined annual quantity
			 of water authorized from that well in excess of five acre-feet per calendar
			 year.
(e) The proposed beneficial
			 use of water will significantly benefit the public interest and help maximize
			 economic development.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-17 - Safe yield; miscellaneous exemptions

Current through Register Vol. 43, No. 28, July 11, 2024
In any area of the state which is subject to safe yield
				criteria, and outside a groundwater management district or an intensive
				groundwater use control area closed to new non-domestic, non-temporary uses,
				each application to appropriate groundwater for a beneficial use shall be
				exempt from meeting the safe yield criteria if the chief engineer finds that:
(a) the proposed use has occurred
			 continuously since prior to the effective date of this regulation;
(b) the proposed use could have reasonably
			 been classified by the division of water resources as a domestic use at the
			 time the use began; and
(c) all
			 other requirements in effect for the approval of a new application to
			 appropriate water at that location have been met.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-18 - Applicant's opportunity to submit additional information

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If at any
			 stage of processing an application, it is determined by the chief engineer that
			 an application does not meet the safe yield criteria, the applicant shall be
			 notified by the chief engineer in writing prior to denial of the application
			 that the safe yield requirements have not been met and the reason for the
			 proposed denial. In this written notice, the chief engineer shall allow the
			 applicant 15 days to request time in which to submit additional information to
			 show why the application should be approved.
(b) Within 15 days the applicant shall either
			 submit the additional information or file a written request for a reasonable
			 amount of time to submit an engineering report or similar type of hydrologic
			 analysis to show that approval of the application will not cause the safe yield
			 of the source of water supply to be exceeded.
(c) If the applicant fails to timely show to
			 the satisfaction of the chief engineer that the application can be approved,
			 then the application shall be denied by the chief engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-19 - Maximum reasonable annual quantity of water for irrigation use

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For
			 applications filed before the effective date of this regulation, the maximum
			 annual quantity of water reasonably necessary to irrigate crops shall be
			 determined as follows:
(1) In that area of
			 Kansas located between the eastern border of Kansas and the western border of
			 range 6 east, the maximum reasonable annual quantity of water shall not exceed
			 one acre-foot of water per acre irrigated.
(2) In that area of Kansas located between
			 the eastern border of range 5 east and the western border of range 20 west, the
			 maximum reasonable annual quantity of water shall not exceed 1 1/2 acre-feet of
			 water per acre irrigated.
(3) In
			 that area of Kansas located between the eastern border of range 21 west and the
			 western border of Kansas, the maximum reasonable annual quantity of water shall
			 not exceed two acre-feet of water per acre irrigated.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-20 - Maximum reasonable annual quantity of water approvable for a new appropriation of water for irrigation use

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The maximum
			 reasonable annual quantity of water that may be approved for use on irrigated
			 land for applications filed before the effective date of this regulation shall
			 be limited to the following:
(1) The quantity
			 of water available for appropriation as determined by the safe yield, allowable
			 appropriation or similar type of limitation adopted by regulation of the chief
			 engineer for the area in which the proposed point of diversion will be located;
(2) the quantity of water
			 reasonably physically available from the source of water supply based on the
			 physical characteristics of the source of water supply and the proposed
			 diversion works; and
(3) the
			 quantity of water reasonably necessary to irrigate crops in the region of the
			 state where the proposed place of use is located as set forth in K.A.R.
			 5-3-19(a). The authorized quantity shall be determined by multiplying the
			 number of acres approved to be irrigated by the quantity per acre set forth in
			 K.A.R. 5-3-19(a).
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-21 - Perfection of a water right for irrigation use

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For
			 applications with a priority date before the effective date of this regulation,
			 the maximum reasonable annual quantity of water that may be perfected for
			 irrigation use shall not exceed the following:
(1) The maximum annual quantity of water
			 actually applied to beneficial use in any one calendar year in accordance with
			 the terms, conditions, and limitations of the approval of application during
			 the perfection period; and
(2) the
			 quantity of water reasonably necessary to irrigate crops in the region of the
			 state where the place of use is located as set forth in K.A.R. 5-3-19(a). The
			 reasonable quantity shall be determined by multiplying the number of acres
			 actually irrigated during the year of record by the quantity per acre as set
			 forth in K.A.R. 5-3-19(a).