reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 19 - LOCAL ENHANCED MANAGEMENT AREAS › Section 5-19-2 - LEMA plans

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before a GMD"s
			 board of directors recommends formal approval of a LEMA plan and submission to
			 the chief engineer for review, the GMD's board of directors or staff may
			 request the division to assist in the development of the LEMA plan or to
			 informally review the LEMA plan.
(b) In addition to the requirements for LEMA
			 plans specified in K.S.A. 82a-1041  and amendments thereto, each GMD that
			 recommends approval of a LEMA plan and formally submits the LEMA plan to the
			 chief engineer shall ensure that the LEMA plan includes the following:
(1) Each condition specified in K.S.A.
			 82a-1036(a) through (d), and amendments thereto, that the LEMA plan is intended
			 to address;
(2) a statement of each
			 goal that the LEMA plan is intended to achieve;
(3) documentation that quantifies how any
			 corrective controls that establish allocations, cuts, or limitations to water
			 use would affect each individual water right within the proposed
			 boundaries;
(4) an appropriate
			 appeals procedure for water right owners based on the corrective controls
			 implemented;
(5) an executive
			 summary of the proposed goals and corrective controls;
(6) documentation, evidence, or other
			 information indicating that the proposed corrective controls will meet each
			 stated goal of the proposed LEMA plan;
(7) a description of how the boundary of the
			 proposed LEMA was determined;
(8) a
			 description of how due consideration was given to water users who already have
			 implemented reductions in water use resulting in voluntary conservation
			 measures if the corrective controls result in any allocations, reductions, or
			 limitations of water rights that are based on past use. If applicable, the
			 description shall include the following:
(A)
			 An explanation of the criteria or methods used to address voluntary water
			 management or conservation that reduced water usage; and
(B) a requirement that any owner or holder of
			 a water right provide documentation of any voluntary conservation that resulted
			 in the use of less water;
(9) if applicable to the LEMA plan,
			 specification of how past reductions in water use resulting in voluntary
			 conservation will be considered in any appeal process provided; and
(10) if a stated goal of the LEMA plan is to
			 address an impairment or there are known cases of direct impairment within the
			 LEMA, an explanation of how each impairment is legally addressed.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 19 - LOCAL ENHANCED MANAGEMENT AREAS › Section 5-19-3 - Public hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the chief
			 engineer initiates proceedings to designate a LEMA, the chief engineer may
			 preside over any public hearings or may designate a presiding
			 officer.
(b) If, following the
			 initial hearing, the presiding officer determines that the proposed LEMA plan
			 meets the initial requirements in K.S.A. 82a-1041  and amendments thereto, then
			 a second hearing or hearings on the elements of the proposed LEMA plan shall be
			 held. Each subsequent hearing shall include consideration of the LEMA plan's
			 corrective controls, the likelihood that the LEMA plan will achieve the stated
			 goals, and any other matters deemed necessary by the presiding
			 officer.
(c) If a presiding officer
			 is appointed to conduct a subsequent hearing as described in subsection (b),
			 the presiding officer for the subsequent hearing shall be authorized only to
			 make recommendations to the chief engineer and shall not have the authority to
			 issue an order of decision or an order of designation.
(d)
(1)
			 Before any public hearing, the presiding officer shall hold a prehearing
			 conference, with at least 15 days of notice, to select a date for the public
			 hearing, specify the procedures to be followed at the public hearing, set any
			 deadlines, and consider any other matters necessary for conducting the public
			 hearing.
The presiding officer may establish any procedural rules that
				are deemed necessary or expedient for the conduct of the public hearing,
				including holding formal and informal phases of testimony, rules for discovery,
				and cross-examination of witnesses.
(2) Following the prehearing conference, the
			 presiding officer shall issue a prehearing order that specifies the formal
			 parties designated pursuant to paragraph (d) (1) if requested, all procedures
			 to be followed during the public hearing, all deadlines, and any other matters
			 necessary for conducting the public hearing.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 19 - LOCAL ENHANCED MANAGEMENT AREAS › Section 5-19-4 - Due consideration for past voluntary water conservation

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each past reduction in water use that has resulted in voluntary water
			 conservation implemented during any period upon which a LEMA plan's corrective
			 controls are based shall be given due consideration by the GMD's board of
			 directors or staff in determining allocations or eligible acres under a LEMA
			 plan if the allocations or eligible acres are based on past use.
(b) If the GMD's board of directors or staff
			 determines that water use has already been voluntarily reduced through
			 management or conservation practices, the allocation or eligible acres under
			 the LEMA plan or the average used to determine individual allocations and
			 eligible acres may be adjusted based on the amount of water conserved for each
			 year that the conservation measure was in place.
(c) The GMD's board of directors or staff, in
			 consultation with the chief engineer, may develop or apply any other criteria
			 or methods to determine reductions in water use that resulted in voluntary
			 conservation that are suitable to local conditions under the LEMA
			 plan.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 19 - LOCAL ENHANCED MANAGEMENT AREAS › Section 5-19-5 - Review and modification of a designated LEMA

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Once a LEMA has been designated by the chief engineer, the corrective controls
			 in the LEMA plan shall remain in place until the LEMA expires pursuant to the
			 terms of the LEMA plan or until the LEMA plan is changed.
(1) A GMD's board of directors or staff may
			 request assistance in developing changes or informally reviewing any proposed
			 changes to a LEMA plan before recommending adoption of the changes and
			 submitting the changes to the chief engineer for consideration.
(2) In order to change an existing LEMA plan,
			 each proposed change shall first be adopted by resolution of the GMD and then
			 sent to the chief engineer for a public hearing.
(3) If the chief engineer determines that the
			 proposed changes should be made part of the LEMA plan based on the findings at
			 a public hearing, an order amending the LEMA plan shall be issued. However, no
			 amendments may be retroactively applied in a way that requires greater
			 reductions in water use than were required by the existing LEMA plan.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 20 - INTENSIVE GROUNDWATER USE CONTROL AREA › Section 5-20-1 - Intensive groundwater use control area; public hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In any case in which the chief engineer
			 initiates proceedings for the designation of an intensive groundwater use
			 control area (IGUCA), an independent hearing officer shall be appointed by the
			 chief engineer. The independent hearing officer shall meet the following
			 requirements:
(1) Not have been an employee of
			 the department of agriculture for at least five years before the
			 appointment;
(2) be admitted to
			 practice law in this state; and
(3)
			 be knowledgeable by training and experience in water law and administrative
			 procedure.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 20 - INTENSIVE GROUNDWATER USE CONTROL AREA › Section 5-20-2 - Formal review of intensive groundwater use control area orders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For each
			 intensive ground-water use control area (IGUCA) designated by order of the
			 chief engineer before July 1, 2008, pursuant to
			 K.S.A.
			 82a-1038 and amendments thereto, a public
			 hearing to review the designation shall be conducted by the chief engineer
			 within seven years of the effective date of this regulation. A subsequent
			 review of the designation shall occur within 10 years after the previous public
			 review hearing or more frequently as determined by the chief
			 engineer.
(b) For each IGUCA
			 designated by order of the chief engineer on or after July 1, 2008, a public
			 hearing to review the designation shall be conducted by the chief engineer
			 within seven years after the order is final. A subsequent review of the
			 designation shall occur within 10 years after the previous public review
			 hearing or more frequently as determined by the chief engineer.
(c) Upon the request of a petition signed by
			 at least five percent of the affected water users in an IGUCA designated by
			 order of the chief engineer, a public review hearing to review the designation
			 shall be conducted by the chief engineer. This requested public review hearing
			 shall not be conducted more frequently than every four years.
(d) Written notice of a public review hearing
			 shall be given to each person holding a water right in the affected area.
			 Notice of the hearing shall be given by publication in a newspaper or
			 newspapers of general circulation within the affected area at least 30 days
			 before the date set for the hearing. The notice shall indicate the reason for
			 the hearing and shall specify the time and place of the hearing. At the public
			 review hearing, documentary and oral evidence shall be taken, and a full and
			 complete record of the public review hearing shall be kept.
(e) The following shall be considered by the
			 chief engineer at the public review hearing:
(1) Whether one or more of the circumstances
			 specified in
			 K.S.A.
			 82a-1036, and amendments thereto, exist;
			 and
(2) whether the public interest
			 requires that the IGUCA designation be continued. The state shall have the
			 burden of proving the need for continuance of the IGUCA designation.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 21 - WESTERN KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 1 › Section 5-21-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these rules and regulations, the following words and
				phrases shall have the meaning ascribed to them in this section.
(a) "Aquifer" means a geologic water-bearing
			 formation that will yield considerable quantities of water to wells and
			 springs.
(b) "Board" means the
			 board of directors constituting the governing body of the western Kansas
			 groundwater management district no. 1.
(c) "Chief engineer" means the chief engineer
			 of the division of water resources of the Kansas state board of agriculture.
(d) "District" means the western
			 Kansas groundwater management district no. 1.
(e) "Authorized representative of the board"
			 means an individual designated by the board to perform duties and functions on
			 its behalf.
(f) "Groundwater"
			 means water below the surface of the earth.
(g) "Substantially" means within 300 feet of
			 the approved location, but in no case closer to other wells than the minimum
			 spacing requirements allow.
(h)
			 "Tailwater" means that portion of the irrigation water applied which appears as
			 run-off from the authorized place of use.
(i) "Tailwater re-use system" means a
			 facility to collect, store and transport irrigation tailwater for reapplication
			 to the authorized place of use.
(j) "Unconsolidated aquifer" means
			 unconsolidated deposits that will yield water in a sufficient quantity to
			 supply pumping wells and springs.
(k) "Waste of water" means any act or
			 omission which causes:
(1) groundwater to be
			 diverted or withdrawn from a source of supply and not used, managed or
			 reapplied to a beneficial use on or in connection with land authorized as the
			 place of use by a vested right, an appropriation right or an approved
			 application for permit to appropriate water for beneficial use;
(2) the unreasonable deterioration of the
			 quality of water in any source of supply thereby causing impairment of a
			 person's right to the use of water;
(3) groundwater intended for irrigation use
			 to escape and drain from the authorized place of use; or
(4) groundwater to be applied to an
			 authorized beneficial use in excess of the needs for such use.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 21 - WESTERN KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 1 › Section 5-21-2 - Tailwater control and waste

Current through Register Vol. 43, No. 28, July 11, 2024
No water user shall allow water which is pumped or diverted
				from any aquifer to leave the land under the water user's direct supervision
				and control. If the water is re-used, the user shall apply the water consistent
				with the approved application to appropriate water for beneficial use, vested
				right, or appropriation right. All water users shall construct and operate the
				water distribution systems in a manner as to prevent waste of water, and shall
				do everything necessary and proper to preserve the quality of the groundwater
				resources within the district.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 21 - WESTERN KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 1 › Section 5-21-3 - Well spacing requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each well location described in an application for a permit to appropriate
			 water for a beneficial use, other than domestic use, that proposes the
			 diversion or withdrawal of water from the Ogallala aquifer shall be spaced at
			 least 2,640 feet from all other non-domestic wells constructed into the
			 Ogallala aquifer.
(b)
(1) Each well location described in an
			 application for a permit to appropriate water for a beneficial use, other than
			 domestic use, that proposes the diversion or withdrawal of water from the
			 Dakota aquifer shall be spaced at least four miles from all other non-domestic
			 wells constructed into the Dakota aquifer.
(2) Each well in the Dakota aquifer shall be
			 sealed off between the Dakota aquifer and any other aquifers in a manner that
			 prevents migration of water to or from the Dakota aquifer and any other
			 aquifers.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 21 - WESTERN KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 1 › Section 5-21-4 - Safe yield

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as specified in subsection (c), the district shall be closed to new
			 appropriations of water in the portions of the unconsolidated aquifers commonly
			 known as the Ogallala formation and the Niobrara formation that are located
			 within the district.
(b) The
			 approval of each application for a change in the point of diversion shall be
			 subject to the following requirements, if the diversion works have not been
			 completed under the original approved application:
(1) The proposed appropriation, when added to
			 the vested rights, prior appropriation rights, and earlier priority
			 applications, shall not exceed the allowable safe yield amount for the area
			 included within a two-mile-radius circle, which is approximately 8,042 acres,
			 of the proposed well.
(2) For the
			 purpose of analysis, all vested rights, certificates, permits, and prior
			 unapproved applications shall be considered to be fully exercised, and all
			 limitation clauses listed on permits to appropriate water and certificates
			 shall be considered to be in force.
(3) In the case of an application for change
			 in the point of diversion referred to in subsection (b), each application and
			 water right with a priority earlier than the priority established by the filing
			 of the application for change shall be included in the analysis.
(4) The allowable annual safe yield amount
			 shall be calculated using the following formula:
Q
=
AR/12
Q
=
the allowable annual safe yield amount in
				acre-feet per year
A
=
area of consideration, within a
				two-mile-radius circle, approximately 8,042 acres
R
=
average annual recharge of 0.5 inches per
				year
(5) If part of the
			 radial area is located outside the district boundary, that part shall be
			 included in the depletion analysis only if the chief engineer determines that
			 hy-draulically connected groundwater exists in that portion of the area outside
			 the district. A part of the area of consideration lying outside the state of
			 Kansas shall not be included in the analysis.
(6) If wells authorized under a vested right,
			 a certified water right, or a permit to appropriate water are divided by the
			 circumference of the radial area, the authorized quantity of water shall be
			 assigned to each well. If specific quantities are not authorized for each well,
			 a proportional amount shall be assigned to each well.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 21 - WESTERN KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 1 › Section 5-21-5 - Battery of wells

Current through Register Vol. 43, No. 28, July 11, 2024
Within the boundaries of the district, an application for
				change of point of diversion from one well to a battery of wells shall not be
				approved unless the application meets the following criteria:
(a) The proposed points of diversion
			 constitute a "battery of wells" as defined in K.A.R. 5-1-1.
(b) If the application for change has been
			 filed pursuant to an appropriation right, the certificate shall be issued
			 before approval of the application for change.
(c) The maximum annual quantity and maximum
			 instantaneous diversion rate approved shall not exceed the maximum annual
			 quantity and the maximum instantaneous diversion rate actually used during any
			 of the three consecutive full calendar years before the application.
(d) The application meets the criteria for
			 the approval of a new application. However, the wells comprising the battery of
			 wells shall not be required to meet the well spacing requirements of K.A.R.
			 5-21-3 in relationship to each other.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 21 - WESTERN KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 1 › Section 5-21-6 - Water flowmeters

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as specified in subsection (b), each well authorized within the
			 boundaries of the district shall be equipped with a totalizing water flowmeter
			 that is installed and maintained in accordance with the specifications in
			 K.A.R. 5-1-4 through 5-1-12. Each water right owner shall maintain the water
			 flowmeter so that the flowmeter functions properly whenever the diversion of
			 water can reasonably be expected to occur. If the water flowmeter fails to
			 function properly, the owner shall promptly initiate action to repair or
			 replace the meter or to correct any problems with the installation.
(b) The following types of water use shall be
			 exempt from the requirements of this regulation:
(1) Domestic use; and
(2) use pursuant to a temporary permit to
			 appropriate water.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 21 - WESTERN KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 1 › Section 5-21-8 - Percent change of saturated thickness

Current through Register Vol. 43, No. 28, July 11, 2024
The map titled "percent change in saturated thickness of the
				High Plains aquifer, west central Kansas, 1950 to average 1997-1999" and
				designated as the Kansas geological survey open file report 2000-15B, dated
				July 25, 2000, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 21 - WESTERN KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 1 › Section 5-21-9 - Saturated thickness

Current through Register Vol. 43, No. 28, July 11, 2024
The map titled "saturated thickness of unconsolidated aquifer,
				west central Kansas average 1997-1999" and designated as the Kansas geological
				survey open file report 2000-15A, dated July 25, 2000, is hereby adopted by
				reference.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in article 22 of these regulations, by the Equus Beds
				groundwater management district no. 2 in the implementation of the groundwater
				management district act and by the division of water resources in the
				administration of the Kansas water appropriation act, the following terms shall
				have the meanings ascribed to them in this regulation, unless the context
				clearly requires otherwise.
(a)
			 "Above-baseflow stage" means streamflow that is in response to a significant
			 runoff event during which period the water-level elevation of the stream is
			 greater than the elevation of the adjacent water table.
(b) "Aquifer" means any geologic formation
			 capable of yielding water in sufficient quantities that it can be diverted for
			 beneficial use.
(c) "Aquifer
			 storage" means the act of storing water in the unsaturated portion of an
			 aquifer by artificial recharge for subsequent diversion and beneficial use.
(d) "Aquifer storage and recovery
			 system" means a physical infrastructure that meets the following conditions:
(1) Is constructed and operated for
			 artificial recharge, storage, and recovery of source water; and
(2) consists of apparatus for diversion,
			 treatment, recharge, storage, extraction, and distribution.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-2 - Well spacing requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 specified in subsections (d) and (e), the minimum spacing of all nondomestic
			 and nontemporary wells described in an application for permit to appropriate
			 water for beneficial use, an application for a term permit, or application to
			 change the point of diversion shall be the following:
(1) 1,320 feet from all nondomestic wells,
			 groundwater pits, and baseflow nodes; and
(2) 660 feet from all domestic wells.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-3 - Waste of water

Current through Register Vol. 43, No. 28, July 11, 2024
It shall be a violation of these rules and regulations for any
				person, private corporation, public corporation, municipality, company,
				institution, township, county, state agency or federal agency to waste water as
				defined in these regulations.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-4 - Metering

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each water
			 flowmeter, gauge, or other measuring device required by the district shall meet
			 the minimum specifications adopted by the chief engineer by regulation.
(b) The owner of the water right
			 or approval of application shall perform the following:
(1) Ensure that the water flowmeter is
			 properly installed in accordance with the specifications adopted by the chief
			 engineer by regulation;
(2)
			 maintain the water flowmeter in satisfactory working condition whenever the
			 diversion works can reasonably be expected to operate; and
(3) ensure that the water flowmeter measures
			 all of the discharge from the diversion works and does not measure any other
			 discharge, including tailwater and sewage lagoon effluent.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-4a - Water flowmeter requirement

Current through Register Vol. 43, No. 28, July 11, 2024
Each non-domestic, nontemporary well meeting any of the
				following conditions shall be equipped with a water flowmeter that meets or
				exceeds the requirements of
				K.A.R.
				5-22-4:
(a) A well operated under the authority of an
			 approval of application issued on or after September 1, 1987;
(b) a well operated under the approval of an
			 application for change in the place of use, the point of diversion, or the use
			 made of the water, or any combination of these, filed after September 1,
			 1987;
(c) a well that meets the
			 standards for being a standby well as specified in K.A.R. 5-22-1 ;
(d) a well for which a certificate of
			 appropriation was issued on or after July 1, 1995;
(e) a well not equipped with a water
			 flowmeter before December 31, 2010. Each such well shall be equipped with a
			 water flowmeter that meets or exceeds the requirements of K.A.R. 5-22-4,
			 pursuant to the following schedule:
(1) On or
			 before December 31, 2012, each well in the northeast quarter of every section
			 located within the district boundaries;
(2) on or before December 31, 2013, each well
			 in the southeast quarter of every section located within the district
			 boundaries;
(3) on or before
			 December 31, 2014, each well in the southwest quarter of every section located
			 within the district boundaries; and
(4) on or before December 31, 2015, each well
			 in the northwest quarter of every section located within the district
			 boundaries; or
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-4b - Water flowmeter maintenance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a water
			 flowmeter required by the district is ever out of compliance, the owner shall
			 promptly repair or replace the water flowmeter, or correct any problems with
			 the installation.
(b) A water
			 flowmeter shall be considered to be out of compliance if any of the following
			 conditions is met:
(1) The water flowmeter
			 registers less than 94 percent or more than 106 percent of the actual volume of
			 water passing the water flowmeter. If necessary, this determination may be made
			 by a field test conducted or approved by the chief engineer.
(2) The seal placed on the totalizer by the
			 manufacturer or the manufacturer's authorized representative has been broken,
			 or the totalizer value has been reset or altered without the authorization of
			 the manufacturer, an authorized representative of the manufacturer, or the
			 chief engineer.
(3) A seal placed
			 on the water flowmeter or totalizer by the chief engineer has been broken.
(4) The water flowmeter register
			 is not clearly visible or is unreadable for any reason.
(5) There is not full pipe flow through the
			 water flowmeter.
(6) The
			 flow-straightening vanes have not been properly designed, manufactured, and
			 installed.
(7) The water flowmeter
			 is not calibrated for the nominal size of the pipe in which the flowmeter is
			 installed.
(8) The water flowmeter
			 is not installed in accordance with the manufacturer's installation
			 specifications. However, five diameters of straight pipe above the water
			 flowmeter sensor and two diameters below the water flowmeter sensor shall be
			 deemed the minimum required spacing, regardless of the manufacturer's
			 installation specifications.
(9) A
			 water flowmeter is installed at a location where the flowmeter does not measure
			 all of the water diverted from the source of supply.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-4c - Water flowmeter testing by a nondistrict person

Current through Register Vol. 43, No. 28, July 11, 2024
If a water right owner desires to have a water flowmeter flow
				rate test performed by a person other than district staff to comply with any
				requirement of the district, that person may be approved by the board to
				perform a water flowmeter flow rate test if the person demonstrates to the
				district both of the following:
(a)
			 The person has the training, skills, and experience necessary to properly
			 conduct the test.
(b) The person
			 has the appropriate water flowmeter to perform the test, and the water
			 flowmeter has been tested for accuracy with water flowmeter test equipment that
			 has been found to be accurate using standards traceable to the national
			 institute of standards and technology (NIST). The equipment shall have been
			 tested and found to be accurate within 12 months of performing the water
			 flowmeter test.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-4d - Water flowmeter installation procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If installation of a water flowmeter is
			 required by the board, the owner of the approval of application or the water
			 right shall be notified of the requirement in writing.
(b) A water flowmeter shall be installed on a
			 new or replacement point of diversion within 30 days after the point of
			 diversion is operational, or before the diversion of water, whichever occurs
			 first.
(c) Unless otherwise
			 specified by the board, a water flowmeter shall be installed on an existing
			 point of diversion within 30 days of the issuance of the water flowmeter order
			 by the district, or before the diversion of water, whichever occurs
			 first.
(d) An extension of time to
			 install the water flowmeter may be granted by the board, or the board's
			 designee, if a request for an extension of time is filed with the district
			 before the expiration of the time to install the water flow-meter and one of
			 the following conditions is met:
(1) The water
			 right owner has a contract with a vendor to install a water flowmeter, but the
			 vendor cannot complete the installation within the time allowed.
(2) Weather, site conditions, or other
			 conditions beyond the control of the owner prevent the water flowmeter from
			 being installed within the time allowed.
(3) The owner demonstrates any other reason
			 constituting good cause why the water flowmeter cannot be installed within the
			 time allowed and that granting an extension of time will not be adverse to the
			 public interest.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-6 - Noncompliance; penalties; appeal procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any person
			 may file with the board a written or verbal complaint that someone is allegedly
			 violating any regulation of the district, any provision of the Kansas water
			 appropriation act, or a term, condition, or limitation of an approval of
			 application or a water right.
(b)
			 The alleged violation shall be investigated by the district staff.
(c) A written report of the investigation
			 shall be prepared by the district staff.
(d) If the investigation determines that a
			 violation of a regulation of the district has occurred, an order shall be
			 issued by the board or its designee. The order shall specify the following:
(1) What the violation of the regulation is;
(2) what actions are necessary to
			 correct the violation;
(3) what a
			 reasonable time is for correcting the violation. Extensions of time to correct
			 a violation may be granted by the board if good cause is shown by the violator
			 or owner;
(4) that the order will
			 become effective immediately; and
(5) that a hearing may be requested 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 person shows good cause why a stay
			 should be granted, a stay may be granted by the board.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-7 - Safe yield

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as specified in subsection (b), the approval of each application for a
			 change in the point of diversion, term permit, and permit to appropriate water
			 for beneficial use shall be subject to the following requirements:
(1) The sum of prior appropriations shall
			 include all of the following:
(A) The proposed
			 application;
(B) vested
			 rights;
(C) appropriation
			 rights;
(D) term permits;
(E) earlier priority applications;
			 and
(F) baseflow nodes.
The sum of prior appropriations shall not exceed the allowable
				safe-yield amount for the area of consideration. The non-consumptive use of
				groundwater previously authorized by the chief engineer shall be excluded from
				the sum of prior appropriations.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-8 - Change applications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 set forth in subsection (d), the approval of each application for a change in
			 point of diversion for a vested right, appropriation right, permit, term
			 permit, or an application to appropriate groundwater shall be subject to the
			 following requirements:
(1) The maximum
			 distance a replacement well can be located from the originally authorized
			 location shall be 2,640 feet.
(2)
			 A replacement well located more than 300 feet from the currently authorized
			 location shall comply with the provisions of K.A.R. 5-22-2.
(3) An application for a change in point of
			 diversion shall be accompanied by either a completed abandoned-well or
			 inactive-well agreement if the original well will no longer be authorized by
			 any other vested right, appropriation right, approval of application, or term
			 permit and the well has not been properly physically adapted for, and actually
			 used for, domestic use. The completed agreement shall be submitted by the
			 applicant with the application for a change in point of diversion on a form
			 prescribed by the district.
(4)
			 Each point of diversion described in the application shall be equipped with a
			 water flowmeter that meets or exceeds the criteria of K.A.R. 5-22-4, K.A.R.
			 5-22-4a, K.A.R. 5-22-4b, and K.A.R. 5-22-4d.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-9 - Exceptions

Current through Register Vol. 43, No. 28, July 11, 2024
Each recommendation timely submitted by the district concerning
				an exemption from, or waiver to, a regulation adopted by the chief engineer
				shall be considered by the chief engineer. An exception to these regulations
				may be granted by the chief engineer if the applicant demonstrates that the
				exception will neither impair a use under an existing right nor prejudicially
				affect the public interest.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-10 - Aquifer storage and recovery system: data reporting requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person
			 operating an aquifer storage and recovery system of which all or part of is
			 within the boundaries of the district shall file an annual report with the
			 district no later than June 1 for the previous calendar year. The report shall
			 contain the water balance in the basin storage area and, in addition to the
			 information required by K.A.R. 5-12-2, information about the following, as
			 specified:
(1) Source water:
(A) The type;
(B) the quantity of water available;
(C) the quantity of water surface
			 water and bank storage water diverted;
(D) the basin storage loss; and
(E) the chemical, physical, radiological, and
			 biological quality for each type of source water diverted;
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-12 - Application processing requirements and procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in subsection (c), each application for any of the following shall be
			 subject to the requirements and procedures in subsection (b):
(1) Appropriate water for beneficial use;
(2) change the point of diversion,
			 the use made of water, the place of use, or any combination of these; or
(3) obtain a term permit.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-13 - Potential net evaporation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The map
			 titled "annual potential net evaporation in inches for Equus Beds groundwater
			 management district no. 2 (annual average evaporation minus annual normal
			 precipitation)," prepared by the district and dated June 11, 2002, is hereby
			 adopted by reference for the purpose of determining potential net evaporation
			 from a free-water surface within the district.
(b) The values on the map shall be used in
			 all situations in which the determination of potential net evaporation from a
			 free-water surface is necessary, including the following:
(1) Computing the annual amount of
			 evaporation that will be caused by exposing the groundwater table;
(2) calculating the quantity of surface water
			 that is reasonably expected to be replaced with groundwater pumped under an
			 approval of application or water right;
(3) calculating the average annual
			 evaporation from groundwater that will be used to determine annual water use;
			 and
(4) determining the maximum
			 annual quantity of water that is perfected pursuant to
			 K.S.A.
			 82a-714, and amendments thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-14 - Maximum reasonable quantity for beneficial use

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The maximum
			 annual quantity of water deemed reasonable for irrigation use shall be the
			 following:
(1) 1.3 acre-feet per acre in
			 Harvey, McPherson, and Sedgwick counties; and
(2) 1.4 acre-feet per acre in Reno county.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-15 - Limitations on the use of fresh groundwater

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Fresh
			 groundwater shall not be used for any of the following purposes, unless the
			 applicant demonstrates before approval of the application that the use of other
			 waters is not technologically or economically feasible:
(1) The enhanced recovery of oil or gas;
(2) solution mining;
(3) the construction of storage caverns in
			 subsurface salt deposits;
(4) the
			 displacement and extraction of hydrocarbons from subsurface storage;
(5) any use that is not a beneficial use, as
			 defined in K.A.R. 5-1-1; and
(6)
			 any use that is not in the public interest.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 22 - EQUUS BEDS GROUNDWATER MANAGEMENT DISTRICT NO. 2 › Section 5-22-17 - Bank storage wells

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 applicant for one or more bank storage wells shall demonstrate all of the
			 following:
(1) The hydraulic connection from
			 the streambed and banks to each bank storage well screen is sufficient to
			 transmit bank storage water from the bed and banks of the stream to each bank
			 storage well screen at a rate sufficient to sustain the authorized rate of
			 diversion of the well or wells.
(2) Within seven days after the pumping of
			 all bank storage wells has ceased, the water level in each bank storage well,
			 or a monitoring well located within 100 feet of that bank storage well, will
			 recover to an elevation equal to or greater than the water level elevation
			 immediately before the bank storage well began to pump, adjusted for any
			 regional groundwater level changes not caused by the pumping of the bank
			 storage well.
(3) The naturally
			 occurring and artificially induced rate of infiltration from the bed and banks
			 of the stream when bank storage is occurring will be sufficient to meet the
			 following conditions:
(A) Equal or exceed the
			 authorized rate of diversion of all of the bank storage wells;
(B) prevent impairment caused by all bank
			 storage wells; and
(C) prevent
			 groundwater mining caused by all bank storage wells.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these regulations, by the southwest Kansas
				groundwater management district in the implementation of the groundwater
				management district act, and by the division of water resources in the
				administration of the Kansas water appropriation act and the groundwater
				management district act, unless the context clearly requires otherwise, the
				following words and phrases shall have the meanings ascribed to them in this
				regulation.
(a) "Confined aquifer"
			 means an aquifer overlain and underlain by impermeable layers. Groundwater in a
			 confined aquifer is normally under pressure greater than atmospheric pressure.
(b) "High plains aquifer" means
			 the aquifer comprised of the undifferentiated Pleistocene-age deposits,
			 Quaternary loess, alluvium, dune sand, the Ogallala formation, and deeper
			 aquifers that are in vertical or horizontal hydraulic contact with the Ogallala
			 formation.
(c) "Hydraulic contact"
			 means the absence of an impermeable layer between aquifers.
(d) "Theis analysis" means the Theis
			 non-equilibrium equation analysis described in pp. 108-113 in "ground water and
			 wells: a reference book for the water-well industry," published in 1966 by
			 Edward E. Johnson, Inc. The pages specified in this subsection are hereby
			 adopted by reference.
(e)
			 "Unconfined aquifer" means an aquifer in which the groundwater is exposed to
			 the atmosphere through openings in the overlying materials. The upper surface
			 of an unconfined aquifer is the water table.
(f) "Well" means any artificial excavation
			 that is drilled, cored, bored, washed, driven, dug, or otherwise constructed
			 when the intended use of the excavation is for the acquisition, diversion, or
			 artificial recharge of groundwater.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-2 - Tailwater control and waste

Current through Register Vol. 43, No. 28, July 11, 2024
No water user shall allow waste of water. If the water is
				re-used, the user shall apply the water consistent with the approved
				application to appropriate water for beneficial use, vested right or
				appropriation right. All water users shall construct and operate the water
				distribution systems in a manner as to prevent the waste of water, and shall do
				everything necessary and proper to preserve the quality of the groundwater
				resources within the district.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-3 - Minimum well spacing requirements: high plains aquifer

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) The minimum horizontal distance between
			 each proposed nontemporary, nondomestic well and all other senior nontemporary,
			 nondomestic wells diverting water from the high plains aquifer shall be
			 determined from the following schedule.
Quantity per well (acre-feet per year) Minimum well spacing
				requirement
15 or less 660 feet
16-200 1,300 feet
201-300 1,600 feet
301-400 1,900 feet
401-500 2,100 feet
more than 500 2,300 feet
(2) The minimum well spacing requirement
			 shall be based on the maximum annual quantity of water. The required well
			 spacing shall be the greater of either of the following:
(A) The minimum spacing for the total
			 authorized and requested quantity of water for the proposed well; or
(B) the total authorized and requested annual
			 quantity of water for the nontemporary, nondomestic well against which the
			 spacing is being measured that is senior to the date on which the application
			 was filed. If the quantity of water applied for includes a fraction of an
			 acre-foot, the quantity of water shall be rounded down to the next whole number
			 of acre-feet for the purpose of applying the table in this subsection.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-3a - Minimum well spacing requirements: confined aquifers

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) The minimum horizontal distance between
			 each proposed nontemporary, nondomestic well and all other senior nontemporary,
			 nondomestic wells diverting water from a confined aquifer shall be determined
			 from the following schedule.
Quantity per well (acre-feet per year) Minimum well spacing
				requirement Required distance from hydraulic contact point
15 or less 660 feet 2,640 feet
16 to 25 2,300 feet 1 mile
26 to 100 5,280 feet 2 miles
More than 100 10,560 feet 5 miles
(A) The minimum spacing for the total
			 authorized and requested annual quantity of water of the proposed well; or
(B) the total authorized and
			 requested quantity of water for nontemporary, nondomestic well against which
			 spacing is being measured that is senior to the date on which the application
			 was filed.
The total annual quantity of water per well shall be the sum of
				all of the quantities authorized or requested by any water rights, approvals of
				applications, or applications requesting or authorizing that well as a point of
				diversion.
If the quantity of water applied for includes a fraction of an
				acre-foot, the quantity of water shall be rounded down to the next whole number
				of acre-feet for the purpose of applying the table in this subsection.