reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 7 - ABANDONMENT AND TERMINATION › Section 5-7-2 - Waiver of hearing

Current through Register Vol. 43, No. 28, July 11, 2024
The owner of a water right may waive any hearing on the
				questions of abandonment and termination of such right by letter to the chief
				engineer requesting that it be terminated and its priority forfeited. In the
				event of such waiver the chief engineer shall cause the termination and
				forfeiture of priority date to be made a matter of record in his office and
				shall notify the owner of the water right of his or her action by regular mail.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 7 - ABANDONMENT AND TERMINATION › Section 5-7-4 - Water rights conservation program; tier 1

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Applications for enrollment in the water
			 rights conservation program (WRCP) received on or before December 31, 2009,
			 shall be considered for enrollment in the program as tier 1 applications.
			 Enrollment in tier 1 of the WRCP approved by the chief engineer and continued
			 compliance with the WRCP shall constitute due and sufficient cause for nonuse
			 pursuant to
			 K.S.A.
			 82a-718, and amendments thereto, and K.A.R.
			 5-7-1.
(b) In order to qualify for
			 enrollment in the WRCP as a tier 1 applicant, all of the following requirements
			 and conditions shall be met:
(1) The point of
			 diversion shall be located in either of the following locations:
(A) An area that is closed to new
			 appropriations of water, except for temporary permits, term permits, and
			 domestic use; or
(B) some other
			 area designated by the chief engineer as an area where it would be in the
			 public interest to allow water rights to be placed in the WRCP. In areas within
			 the boundaries of a groundwater management district, the recommendations of the
			 board of the district shall be taken into consideration by the chief
			 engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 7 - ABANDONMENT AND TERMINATION › Section 5-7-4a - Conservation reserve program

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Enrollment
			 of all, or part of, the authorized place of use in the conservation reserve
			 program (CRP) shall not be considered good cause to extend the time to
			 construct the diversion works.
(b)
			 If an authorized place of use has been placed into the CRP after the diversion
			 works have been completed but before the time to perfect the water right has
			 expired, the appropriator may request and receive an extension of time to
			 perfect the water right for the length of time that the authorized place of use
			 is enrolled in the CRP program, plus the length of time remaining to perfect
			 the water right, if all of the following conditions are met:
(1) The diversion works were properly
			 completed within the time allowed by the approval of application.
(2) The time to perfect the water right as
			 set forth in the approval of the application has not expired at the time the
			 request for the extension is filed.
(3) The appropriator furnishes the chief
			 engineer with a copy of the CRP contract, including the aerial photograph
			 designating which land has been placed into the CRP program.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 7 - ABANDONMENT AND TERMINATION › Section 5-7-4b - Water rights conservation program; tier 2

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each application for enrollment in the
			 water rights conservation program (WRCP) received on or after July 1, 2011,
			 shall be considered as a WRCP tier 2 application.
(b) Enrollment of a water right in tier 2 of
			 the WRCP shall be by order of the chief engineer and compliance with the
			 requirements of subsection (d).
(c)
			 For a water right to be eligible to be enrolled in tier 2 of the WRCP, each of
			 the following requirements shall be met:
(1)
			 Except for domestic use, the point of diversion shall be located in either of
			 the following locations:
(A) An area that is
			 closed to new appropriations of water by regulation or order of the chief
			 engineer or, only within the Ogallala aquifer, is effectively closed due to
			 overappropriation determined by a safe-yield analysis; or
(B) some other area designated by the chief
			 engineer as an area where it would be in the public interest to allow water
			 rights to be placed in the WRCP. In areas within the boundaries of a
			 groundwater management district, the recommendations of the board of the
			 district shall be taken into consideration by the chief engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 7 - ABANDONMENT AND TERMINATION › Section 5-7-5 - Reduction of an existing water right

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In order to
			 have an approval of application or water right reduced, the water right owner
			 may file, at any time, a request to reduce any of the following:
(1) The authorized maximum annual quantity of
			 water;
(2) the authorized maximum
			 rate of diversion;
(3) the
			 authorized place of use;
(4) the
			 authorized points of diversion;
(5) the types of beneficial use; or
(6) any combination of paragraphs
			 (a)(1) through (a)(5).
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 8 - CERTIFICATION OF WATER RIGHTS › Section 5-8-1 - Certification of a water right

Current through Register Vol. 43, No. 28, July 11, 2024
Prior to the issuance of a certificate of appropriation by the
				chief engineer pursuant to an application under which water has been applied to
				the land of more than one owner, these landowners shall be allowed an
				opportunity to submit to the chief engineer an agreement signed by all
				landowners involved recommending how the water right should be divided among
				them.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 8 - CERTIFICATION OF WATER RIGHTS › Section 5-8-3 - Perfection; multiple water rights

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The total
			 maximum annual quantity of water that can be perfected by all water rights
			 authorized to divert water to the same authorized place of use, shall be
			 limited to the maximum quantity of water actually physically and legally
			 diverted and applied to beneficial use on the common authorized place of use
			 during any one calendar year during the perfection period for the water right
			 being certified.
(b) The junior
			 water right shall be limited by means of a limitation clause in the certificate
			 so that the authorized annual quantity of water for the junior water right,
			 when combined with all senior water rights authorized to apply water to
			 beneficial use on the common authorized place of use, does not exceed either of
			 the following standards:
(1) The annual
			 quantity of water reasonable for the type of beneficial use made of the water;
			 and
(2) the total annual quantity
			 of water legally diverted by all water rights to the common authorized place of
			 use during any one calendar year during the perfection period of the junior
			 water right.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 8 - CERTIFICATION OF WATER RIGHTS › Section 5-8-4 - Construction of diversion works

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A reasonable
			 period of time for construction of diversion works shall be not less than one
			 full year following the approval of the application to appropriate water. If a
			 person demonstrates that a reasonable long-term schedule for development of
			 diversion works or other infrastructure is in the public interest, that
			 information shall be taken into consideration by the chief engineer in
			 determining a reasonable period of time for the construction of diversion
			 works.
(b) For good cause shown by
			 the applicant, a reasonable extension of time to construct the diversion works
			 shall be allowed by the chief engineer, if the request for extension is filed
			 pursuant to the requirements of K.A.R. 5-3-7 and is accompanied by the
			 statutorily required filing fee.
(c) If the total time allowed to construct
			 the diversion works has been more than 16 months and fewer than 24 months, an
			 extension of time shall be granted by the chief engineer only if the applicant
			 meets the following criteria:
(1)
			 Demonstrates good cause;
(2)
			 provides a copy of a contract with the well driller or other information
			 substantiating the intent to proceed to complete the construction of the
			 diversion works in an expeditious manner;
(3) files the request for extension pursuant
			 to the requirements of K.A.R. 5-3-7; and
(4) submits the statutorily required filing
			 fee.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 8 - CERTIFICATION OF WATER RIGHTS › Section 5-8-6 - Perfection of a water right

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except for
			 municipal use, a reasonable period of time to perfect a water right shall be no
			 fewer than four full calendar years following the deadline for construction of
			 the diversion works. If the time to construct the diversion works is extended,
			 the perfection period shall be extended to no fewer than four full calendar
			 years beyond the final deadline to construct the diversion works, unless the
			 owner of the approval of application objects.
(b) A reasonable time to perfect a water
			 right for municipal use shall be no fewer than 20 full calendar years plus the
			 remainder of the calendar year in which the application was approved. Each
			 holder of a permit for municipal use of water shall submit a progress report to
			 the chief engineer 10 full calendar years after the permit was issued. The
			 report shall be submitted on a form prescribed by the chief engineer. The
			 report shall meet the following conditions:
(1) Compare the annual water use projected in
			 the original application with the actual annual water use for the prior 10
			 years; and
(2) document compliance
			 with an approved conservation plan, if one had been required. If the 10-year
			 review by the chief engineer shows that actual annual water use is
			 significantly less than originally projected, the holder shall revise the
			 estimated annual water use for the next 10 years. If it is in the public
			 interest, the total authorized annual quantity of water for the next 10 years
			 shall be reduced by the chief engineer to a reasonable annual quantity based on
			 the municipal user's revised estimates of annual water use for the next 10
			 years. If the 10-year review indicates that a required conservation plan was
			 not being complied with or that the conservation plan does not meet the Kansas
			 water office's conservation guidelines for municipal users, as in effect at the
			 time of the review, an order requiring any of the following shall be issued by
			 the chief engineer:
(A) That the conservation
			 plan be amended to comply with current guidelines;
(B) that the user comply with the provisions
			 of the approved conservation plan; or
(C) both of the requirements in paragraphs
			 (b) (2) (A) and (B).
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 8 - CERTIFICATION OF WATER RIGHTS › Section 5-8-7 - Extensions of time to perfect a water right

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For all
			 beneficial uses of water, except municipal use, the total time to perfect the
			 water right, including extensions of time, shall not exceed 10 years after the
			 calendar year in which the diversion works were required to be completed unless
			 one or more of the following "extenuating circumstances" exist.
(b) "Extenuating circumstances" shall include
			 the following:
(1) Circumstances beyond the
			 control of the owner of the approval of application that have unduly restricted
			 the owner's ability to perfect the water right;
(2) actions or omissions by the chief
			 engineer that make it necessary to extend the time to perfect; and
(3) for applications with a priority before
			 May 1, 1978, the unavailability or lack of credibility of records of water use,
			 crops grown, and the number and location of acres actually irrigated, and other
			 relevant information during the perfection period, but other records or
			 information is available for a period after the perfection period and would
			 reasonably represent the application of water to beneficial use in accordance
			 with the terms, conditions, and limitations of the permit.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 8 - CERTIFICATION OF WATER RIGHTS › Section 5-8-8 - Owner required to allow chief engineer to conduct timely field inspection for certification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In order to
			 allow the chief engineer to conduct a timely field inspection to certify a
			 water right, the owner of an approval of application shall perform the
			 following:
(1) Operate the diversion works in
			 the same manner that they were operated when water was applied to beneficial
			 use during the perfection period, so that an accurate rate-of-diversion test
			 can be conducted by the chief engineer;
(2) allow the chief engineer access to the
			 diversion works and the authorized place of use for the purpose of making the
			 field inspection; and
(3) allow,
			 cooperate with, and assist the chief engineer in any other ways necessary for
			 the chief engineer to conduct the field inspection.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-1 - Application for temporary permit acceptable for filing

Current through Register Vol. 43, No. 28, July 11, 2024
To be acceptable for filing, an application for temporary
				permit to appropriate water for beneficial use shall meet the following
				requirements:
(a) Be made on the form
			 prescribed by the chief engineer;
(b) be signed by the applicant or an
			 authorized representative of the applicant;
(c) be accompanied by the statutory
			 application fee;
(d) contain all
			 the information requested for the proposed use as set forth in the prescribed
			 application form; and
(e) include
			 any other information requested by the chief engineer that is necessary to
			 understand the application.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-1a - Term permit application

Current through Register Vol. 43, No. 28, July 11, 2024
Each application for a term permit shall meet the following
				requirements:
(a) Be submitted on a
			 form prescribed by the chief engineer; and
(b) be accompanied by the fee for any new
			 application to appropriate water for beneficial use specified in
			 K.S.A.
			 82a-708a(b), and amendments
			 thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-1b - Approvals and extensions of term permits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 specified in subsection (b), each approved term permit shall be valid for five
			 years or less. A term permit shall not be extended for a total of more than
			 five years, including the original approval.
(b)
(1) Term
			 permits for contamination remediation may be initially issued for not more than
			 20 years and may be extended in increments of not more than 10 years, for a
			 total period not to exceed 40 years.
(2) Term permits for hydraulic dredging may
			 be initially issued for not more than 10 years and may be extended in
			 increments of not more than 10 years, for a total period not to exceed 30
			 years.
(3) Term permits for fire
			 protection may be initially issued for not more than 20 years and may be
			 extended in increments of not more than 10 years, for a total period not to
			 exceed 30 years.
(4) Term permits
			 for the use of water containing more than 5,000 milligrams of chlorides per
			 liter of water may be initially issued for not more than 10 years and may be
			 extended in increments of not more than 10 years, for a total period not to
			 exceed 20 years.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-1c - Request to extend a term permit

Current through Register Vol. 43, No. 28, July 11, 2024
Any term permit may be extended as provided in
				K.A.R
				5-9-1b if the request to extend the term
				permit meets the following requirements:
(a) Is received at least 30 days before the
			 expiration of the term permit;
(b)
			 is signed by the holder of the term permit or its authorized agent;
(c) meets one of the following conditions:
(1) Will extend the total term of the permit
			 for five years or less; or
(2)
			 will extend the total term of the permit in excess of five years, if the
			 application meets the requirements of safe yield, allowable appropriation, and
			 similar regulatory criteria; and
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-2 - Priority

Current through Register Vol. 43, No. 28, July 11, 2024
Upon receipt in the office of the chief engineer of an
				acceptable application for temporary permit to appropriate water, 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 shall establish the priority to the use of the water. The priority
				shall terminate on the date when use of water will be discontinued as set forth
				in the application or any authorized extension of time thereof.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-3 - Quantity

Current through Register Vol. 43, No. 28, July 11, 2024
A temporary permit shall not be granted for a quantity of water
				in excess of 4,000,000 gallons, except for either of the following:
(a) Dewatering purposes; or
(b) water that is to be diverted from a
			 source located on a construction site and used on the construction site in
			 connection with a project that the chief engineer has approved pursuant to
			 K.S.A.
			 82a-301 through
			 82a-305a or
			 K.S.A.
			 24-126, and amendments thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-6 - Approval of application

Current through Register Vol. 43, No. 28, July 11, 2024
The approval of an application for a temporary permit shall be
				by endorsement on the application by the chief engineer. The endorsement shall
				set forth the terms, limitations, and conditions necessary for the protection
				of the public interest.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-7 - Extension of time

Current through Register Vol. 43, No. 28, July 11, 2024
For good cause shown by the applicant the chief engineer may
				grant an extension of time to continue the use of water under a temporary
				permit beyond the date authorized as shown in the approval of the application.
				The term of a temporary permit shall not exceed six (6) months including any
				authorized extension of time thereof.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-10 - Application fee for a temporary permit

Current through Register Vol. 43, No. 28, July 11, 2024
The fee for an application for a temporary permit or extension
				of a temporary permit shall be twenty-five dollars ($25.00). This regulation
				shall be effective on and after September 1, 1982.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 9 - TEMPORARY PERMITS › Section 5-9-11 - Documentation of access to source of water supply for temporary permit

Current through Register Vol. 43, No. 28, July 11, 2024
Before approval of a temporary permit, the applicant shall show
				that permission for access to the source of water supply has been obtained from
				the landowner or landowners of the property where the proposed point of
				diversion will be located. If permission is granted in an oil and gas lease, it
				shall be sufficient for the applicant to indicate this on the application for a
				temporary permit to appropriate water. If the water is to be obtained from land
				not covered by the oil and gas lease, then the permission of the landowner or
				landowners shall be adequately documented.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 10 - WATER APPROPRIATION › Section 5-10-4 - Waiver or exemptions

Current through Register Vol. 43, No. 28, July 11, 2024
The chief engineer may grant an exemption or waiver from any
				regulation adopted by the chief engineer if it is shown that the granting of
				such exemption or waiver will not prejudicially nor unreasonably affect the
				public interest and that it will not impair an existing water right.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 10 - WATER APPROPRIATION › Section 5-10-5 - Administration of water use among vested right holders

Current through Register Vol. 43, No. 28, July 11, 2024
If, during the administration of water rights, each
				appropriation right and approved permit to appropriate water for beneficial use
				has been regulated in accordance with the provisions of
				K.S.A.
				82a-706b, the division of water resources
				shall administer the water available from that source of supply among the
				holders who have active vested rights, including vested rights for domestic
				purposes, on a proportional basis and in a manner which will provide, if
				possible, sufficient flow in the stream for vested rights for domestic
				purposes. The proportionment may be accomplished by a pro rata reduction in the
				rate or quantity that each vested right shall be allowed to divert, by setting
				up a rotation system or by any other equitable method. Vested rights shall be
				administered in this manner unless they have been adjudicated by a court of
				competent jurisdiction as to priority or rotation and then the chief engineer
				shall administer them in accordance with the order of the court.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 10 - WATER APPROPRIATION › Section 5-10-6 - Procedure for determination of an active vested domestic water right

Current through Register Vol. 43, No. 28, July 11, 2024
The existence of an active domestic vested water right shall be
				determined by the chief engineer as follows:
(a) Information shall be filed with the chief
			 engineer on a form prescribed by the chief engineer concerning the dates
			 beneficial use of water was made, and the nature and extent of the active
			 domestic vested right.
(b)
			 Affidavits from at least three competent disinterested persons shall be filed
			 by the claimant on a form prescribed by the chief engineer or other reliable
			 substantiating evidence shall be submitted to the chief engineer by the
			 claimant documenting the dates beneficial use of water was made, and the nature
			 and extent of the active domestic vested right.
(c) Within a reasonable time, the staff of
			 the division of water resources shall investigate the information submitted.
(d) Notice.
(1) Written notice of the claim shall be sent
			 by the chief engineer to all water right owners of record in the office of the
			 chief engineer with an authorized point of diversion within one-half mile of
			 the claimed point of diversion.
(2) In addition, one notice in a newspaper
			 with general circulation in the county in which the point of diversion is
			 located shall be published by the chief engineer. Such published notice shall
			 contain:
(A) the name of the claimant;
(B) the location of the claimed
			 point of diversion; and
(C) a
			 declaration that it is a claim for a domestic vested right.
(3) All notices shall be given at
			 least 14 days prior to the close of the record.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 11 - ASSURANCE DISTRICTS › Section 5-11-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these rules and regulations and the water assurance
				program act by the division of water resources in the administration of the
				water assurance program act, unless the context clearly requires otherwise, the
				following words and phrases shall have the meaning ascribed to them in this
				section.
(a) "Board" means the board
			 of directors of a water assurance district.
(b) "Chief engineer" means the chief engineer
			 of the division of water resources of the Kansas state board of agriculture.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 11 - ASSURANCE DISTRICTS › Section 5-11-2 - Determination of benefits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A water
			 assurance district member may apply in writing to the board to be removed as a
			 member of the district if that member is no longer receiving benefits from
			 supplementing the stream by assurance reservoir releases because:
(1) the member no longer has a water right or
			 permit; or
(2) the member's water
			 right or permit has been reduced so that the member is no longer receiving
			 benefits.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 12 - AQUIFER STORAGE AND RECOVERY › Section 5-12-1 - Aquifer storage and recovery permitting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An operator
			 may store water in an aquifer storage and recovery system under a permit to
			 appropriate water for artificial recharge if the water appropriated is source
			 water. The requirements of article 12 of the rules and regulations adopted by
			 the Kansas department of agriculture, division of water resources are in
			 addition to any requirements of the Kansas department of health and environment
			 concerning underground injection wells, including article 46 of the rules and
			 regulations adopted by the Kansas department of health and environment.
(b) Each application for a permit
			 to appropriate water for artificial recharge shall describe the horizontal and
			 vertical extent of the basin storage area in which the source water will be
			 stored.
(1) The horizontal extent shall be
			 determined by a closed boundary within which the recharge system used to store
			 the water will be physically located. The recharge system may include recharge
			 pits, recharge trenches, recharge wells, or other similar systems that cause
			 source water to enter the storage volume of the basin storage area, either by
			 gravity flow or by injection. The basin storage area may be subdivided into
			 smaller areas representative of the areas that may be recharged by the
			 individual recharge systems.
(2)
			 The vertical extent shall be defined by a minimum and a maximum index water
			 level for the basin recharge storage area, or for each subdivided area within
			 the basin storage area if the basin storage area is subdivided. The minimum
			 index water level shall be the lowest water level within the basin storage
			 area, or smaller subdivided area if the basin storage area is subdivided, that
			 occurred within the 10 years before the filing of the application for a permit
			 to appropriate water, or a period of time longer than 10 years demonstrated by
			 the applicant to reflect the lowest water level. If the basin storage area is
			 subdivided, measurements from the same year shall be used to determine the
			 minimum index water level for each subdivision. The maximum index water level
			 shall represent the maximum storage potential for the basin storage area.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 12 - AQUIFER STORAGE AND RECOVERY › Section 5-12-2 - Aquifer storage and recovery accounting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In addition
			 to annual water use reporting requirements pursuant to
			 K.S.A.
			 82a-732, and amendments thereto, on June 1 of
			 each year the permit holder of an aquifer storage or recovery system shall
			 report an accounting of water in the basin storage area to the chief engineer
			 and to any groundwater management district identified in subsection (c) of this
			 regulation. The annual report for the preceding calendar year shall account for
			 all water entering and leaving the basin storage area and shall specifically
			 compute the amount of recharge credits held in the basin storage area.
(b) The report shall be in the
			 form prescribed by the chief engineer and shall address the items in the water
			 balance for the basin storage area, which may include the following amounts:
(1) Natural and artificial recharge;
(2) groundwater inflow and
			 outflow;
(3) evaporation and
			 transpiration;
(4) groundwater
			 water diversions from all nondomestic wells;
(5) infiltration from streams;
(6) groundwater discharge to streams;
(7) the calculated recharge
			 credits; and
(8) any other
			 information that in the opinion of the chief engineer is pertinent to the basin
			 storage and surrounding areas.
The annual accounting shall specifically take into account the
				amounts of natural recharge, artificial recharge, groundwater inflow,
				groundwater outflow, evapotranspiration, and groundwater pumpage. Groundwater
				pumpage shall include recharge credits withdrawn as well as pumpage from all
				nondomestic wells in the basin storage area. The annual accounting shall
				include any additional items within a basin storage area that would be
				necessary to determine the amount of recharge credit available for recovery.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 12 - AQUIFER STORAGE AND RECOVERY › Section 5-12-3 - Hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A hearing
			 shall be held by the chief engineer in the general vicinity where an applicant
			 proposes aquifer storage and recovery before approval of any such application
			 for aquifer storage and recovery.
(b) If any part of a proposed basin storage
			 area is within the boundaries of a groundwater management district, the hearing
			 required by subsection (a) of this regulation shall be held within the
			 groundwater management district.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 12 - AQUIFER STORAGE AND RECOVERY › Section 5-12-4 - Aquifer storage and recovery systems in a groundwater management district

Current through Register Vol. 43, No. 28, July 11, 2024
A groundwater management district may recommend rules and
				regulations pertaining to monitoring and accounting requirements for that
				portion of the basin storage area that falls within the district's boundaries.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-1 - Notice of intent to open or expand a sand and gravel pit operation

Current through Register Vol. 43, No. 28, July 11, 2024
Each operator desiring to open or expand a sand and gravel pit
				operation shall file a notice of intent to open or expand a sand and gravel pit
				operation on a form prescribed by the chief engineer before opening or
				expanding the sand and gravel pit operation.
The following information shall be included on the form:
(a) The legal description of the sand
			 and gravel pit operation;
(b) the
			 date the project began or will begin;
(c) the number of acres of the groundwater
			 table that will be exposed by the project at the time active mining ceases;
(d) a legal description and a map
			 showing the location of the groundwater that will be exposed at the time active
			 mining ceases;
(e) the year the
			 pit excavation is estimated to be completed;
(f) measures that will be used to protect the
			 area groundwater supply from pollution; and
(g) any other pertinent information that may
			 be required by the chief engineer to understand the nature of the proposed
			 project and to ensure that the provisions of
			 K.S.A.
			 82a-734, and amendments thereto, and any
			 regulations promulgated thereunder, are being complied with.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-2 - Determination of substantially adverse impact on the area groundwater supply

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A sand and
			 gravel operation shall be deemed to cause a "substantially adverse impact on
			 the area groundwater supply," as provided in
			 K.S.A.
			 82a-734(b) and amendments
			 thereto, if the sand and gravel pit operation is opened or expanded after the
			 effective date of this regulation in any township that has an average annual
			 potential net evaporation greater than 18 inches per year as determined from
			 K.A.R. 5-6-3.
(b) In any township
			 that has an average annual potential net evaporation of 18 or fewer inches per
			 year, as determined from K.A.R. 5-6-3, the opening or expansion of a sand and
			 gravel pit operation, shall be deemed to not cause a "substantially adverse
			 impact on the area groundwater supply," as provided in
			 K.S.A.
			 82a-734 and amendments thereto, unless the
			 chief engineer can demonstrate that the project will cause one or more of the
			 following:
(1) A direct impairment to a
			 groundwater approval of application or water right;
(2) an unreasonable deterioration of the
			 groundwater quality;
(3) an
			 unreasonable raising or lowering of the static water level; or
(4) prevention of any waters of the state
			 from moving to a person having a prior right to use these waters.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-3 - Determination of when groundwater evaporation is a beneficial use

Current through Register Vol. 43, No. 28, July 11, 2024
On and after the effective date of this regulation, whenever
				the opening or expansion of a sand and gravel operation is considered to cause
				a substantially adverse impact on the area groundwater supply pursuant to
				K.A.R.
				5-13-2, the evaporation caused shall be
				considered to be a beneficial use, and the operator shall be required to
				receive an approval of application, or approval of an application for change,
				pursuant to
				K.S.A.
				82a-701 et seq. and amendments thereto,
				before exposing the groundwater table to evaporation.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-4 - Exemption

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To the
			 extent that groundwater evaporation causes a substantially adverse impact to
			 the area groundwater supply pursuant to K.A.R. 5-13-2, a new application to
			 appropriate the groundwater evaporation caused by the project shall be exempt
			 from meeting the safe yield, allowable appropriation, or similar types of
			 regulations adopted by the chief engineer. This exemption shall be granted if
			 the operator meets all of the criteria in subsection (b) because exempting the
			 quantity of water that has been, or will be, evaporated by exposing the
			 groundwater table beneath the proven reserves will not prejudicially and
			 unreasonably affect the public interest and will not impair any existing water
			 right.
(b) Except as set forth in
			 subsection (e), in order to qualify for this exemption, the operator shall show
			 that on December 31, 1999, all of the following conditions were met:
(1) The operator had an active, existing sand
			 and gravel mining operation.
(2)
			 If required, the operator had a valid surface-mining license issued pursuant to
			 the surface-mining land conservation and reclamation act,
			 K.S.A.
			 49-601 et seq., and amendments thereto.
(3) If required, the operator had
			 made a timely application for a hydraulic dredging permit or had received a
			 hydraulic dredging permit issued pursuant to the Kansas water appropriation
			 act.
(4) The operator had filed
			 the water use reports required by, and paid any civil fines assessed by the
			 chief engineer pursuant to
			 K.S.A.
			 82a-732, and amendments thereto.
(5) The operator had paid the water
			 protection fees required by
			 K.S.A.
			 82a-954, and amendments thereto.
(6) To the extent necessary to physically
			 operate, the operator had acquired all local permits and local zoning
			 approvals.
(7) The operator had
			 purchased, leased, or otherwise acquired legal control over proven sand and
			 gravel reserves.
(8) The operator
			 had filed an application to appropriate water or filed a notice of intent to
			 open or expand a sand and gravel pit operation with the chief engineer when
			 required by
			 K.S.A.
			 82a-734(a), and amendments
			 thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-5 - Approval of pit operations that are opened or expanded after the effective date of this regulation

Current through Register Vol. 43, No. 28, July 11, 2024
Except as set forth in
				K.A.R.
				5-13-4, pit operations that are excavated or
				expanded after the effective date of this regulation and that have a
				substantial adverse impact on the area groundwater supply shall meet one of the
				following conditions:
(a) Receive
			 prior approval of the chief engineer for a new permit to appropriate an annual
			 quantity of water sufficient to offset the evaporation caused by exposing the
			 groundwater table in a manner described in K.A.R. 5-13-7;
(b) acquire existing water rights and receive
			 approval of the chief engineer to change the point of diversion, place of use,
			 and the use made of water to authorize the water rights to be used for the
			 project in a manner described in K.A.R. 5-13-7;
(c) acquire and take out of production
			 sufficient water rights in the manner described in K.A.R. 5-13-7 to offset the
			 net average annual evaporation caused by exposing the groundwater table; or
(d) any combination of the above.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-6 - Determination of the maximum rate of diversion and annual quantity of water

Current through Register Vol. 43, No. 28, July 11, 2024
The annual quantity of water, in acre-feet, required to be
				appropriated for evaporation caused by exposing the area groundwater table
				shall be determined by multiplying the exposed groundwater surface area of the
				project in acres by the potential net evaporation in inches, for Kansas, as
				found in K.A.R. 5-6-3, and dividing by 12.
				The rate of diversion shall be the natural rate of evaporation.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-7 - Offsets for evaporation of groundwater

Current through Register Vol. 43, No. 28, July 11, 2024
The net average annual quantity of groundwater evaporation
				shall be authorized, accounted for, or offset in one or more of the following
				ways:
(a) An approval of application
			 or water right currently authorizes the use of water at that pit location.
(b) A new approval of application
			 authorizes the use of water at that pit location.
(c) Acceptable quality surface water that is
			 legally and physically available for groundwater recharge is authorized to be
			 diverted into the proposed project.
(d) Both of the following conditions are met:
(1) Water is made available by acquiring all,
			 or a portion of, an existing water right to any of the following:
(A) Use surface water or groundwater, or
			 both, that is hydraulically connected to a stream channel aquifer in which the
			 project is located;
(B) use
			 groundwater from an unconsolidated regional aquifer that is within a two-mile
			 radius of the geocenter of the project that is the same unconsolidated regional
			 aquifer in which the project is located, or a hydraulically connected aquifer;
			 or
(C) use groundwater from an
			 unconsolidated regional aquifer that is within a 3.5 mile radius of the
			 geocenter of the project and is the same unconsolidated regional aquifer in
			 which the project is located, or a hydraulically connected aquifer, if the
			 operator can demonstrate to the chief engineer that sufficient water rights to
			 offset the evaporation caused by the project cannot be acquired within a
			 two-mile radius of the geocenter of the project after making reasonable and
			 prudent efforts to find both proven reserves and water rights.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-8 - Offset calculations

Current through Register Vol. 43, No. 28, July 11, 2024
All of the following requirements shall apply with respect to
				an offset water right described in
				K.A.R.
				5-13-7(d):
(a) No physical diversion of the offset water
			 right shall be required or allowed.
(b) The project shall receive credit for 100
			 percent of the net consumptive use of the water right used as an offset.
(c) Credit for acquisition of an
			 existing surface water right shall be given for an equivalent quantity of water
			 that is legally and physically available within the terms, conditions, and
			 limitations of the surface water right at the location of the groundwater pit.
			 The quantity of water available at the groundwater pit from the acquired
			 surface water right shall be calculated by taking into account the following:
(1) Stream gains;
(2) stream losses;
(3) transit losses;
(4) water supplied from intervening
			 tributaries; and
(5) water needed
			 to satisfy senior surface water rights to the same source of supply.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-9 - Easements and covenants

Current through Register Vol. 43, No. 28, July 11, 2024
The applicant shall provide any easements or covenants,
				attached to or running with the land, that are necessary to document that the
				offset water acquired pursuant to
				K.A.R.
				5-13-7 will continue to be legally available
				to offset the evaporation of groundwater.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-10 - Time to construct the diversion works for a sand and gravel pit operation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) As used in
			 this regulation, "completion of diversion works" means that both of the
			 following have occurred:
(1) All equipment
			 necessary to begin to operate a sand and gravel operation, including the
			 hydraulic dredge, has been installed.
(2) Sufficient overburden has been excavated
			 to begin to expose the groundwater to evaporation.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 13 - SAND AND GRAVEL PIT OPERATIONS › Section 5-13-11 - Time to perfect a water right for evaporation of groundwater

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A reasonable
			 time to perfect a water right for evaporation of groundwater caused by a sand
			 and gravel pit operation shall be neither less than five calendar years plus
			 the remainder of the calendar year in which the application was approved, nor
			 more than 20 years plus the remainder of the calendar year in which the
			 application was approved.
(b)
(1) For good cause shown by the applicant, a
			 reasonable extension of the time to perfect the water right shall be allowed by
			 the chief engineer if both of the following conditions are met:
(A) The request is timely filed pursuant to
			 the terms of K.A.R. 5-3-7.
(B) The
			 request is accompanied by the statutorily required filing fee.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-1 - Enforcement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 set forth in subsection (i), the procedure set forth below shall be followed
			 whenever enforcement action is taken by the chief engineer after becoming aware
			 that a person may be performing any of the following:
(1) Violating any provision of
			 K.S.A.
			 82a-701 et seq., and amendments thereto;
(2) violating any provision of a
			 regulation adopted pursuant to that act; or
(3) violating a term, condition, or
			 limitation of an approval of application or water right.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 14 - ENFORCEMENT AND APPEALS › Section 5-14-2 - Request for conference hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each written
			 request for a hearing of an order issued by the chief engineer according to
			 K.A.R. 5-14-1 shall be served on the chief engineer within 15 days of the
			 issuance of the order. The request for a hearing may include a request for a
			 stay of the order. If the requester demonstrates good cause for a stay to the
			 chief engineer, a stay of the order may be granted by the chief engineer.
(b) If a request for a hearing is
			 not served on the chief engineer within 15 days after the order is issued by
			 the chief engineer, the order shall become a final agency action as defined by
			 K.S.A.
			 77-607, and amendments thereto.
(c) If a request for a hearing is filed with
			 the chief engineer within 15 days of the issuance of an order, a conference
			 adjudicative hearing shall be held by the chief engineer.
(d) A conference hearing shall be an informal
			 proceeding conducted according to the following criteria:
(1) The hearing officer shall regulate the
			 course of a conference proceeding.
(2) Only parties may testify and present
			 written exhibits.
(3) Only parties
			 may offer comments on the issues.
(4) The hearing officer may conduct all or
			 part of the hearing by telephone, or other electronic means, if each
			 participant in the hearing has the opportunity to participate in the entire
			 proceeding while it is taking place.
(5) The hearing shall be recorded at the
			 agency's expense.
(6) Any party,
			 at the party's expense and subject to any reasonable conditions that the chief
			 engineer may establish, may cause a person other than the chief engineer to
			 prepare a transcript from the chief engineer's recording or cause additional
			 recordings to be made during the hearing.