Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 17 - WATER BANKING › Section 5-17-10 - Water bank charter proposal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 proposed water bank charter submitted to the chief engineer shall contain all
			 of the following:
(1) Information showing
			 that the proposed operations and policies of the water bank are consistent with
			 the Kansas water banking act, the Kansas water appropriation act and
			 regulations, the Kansas state water plan, the policies of any groundwater
			 management district that is located within the boundaries of the proposed water
			 bank, and the water assurance district operation agreements of any water
			 assurance district located within the boundaries of the proposed water bank;
(2) information that demonstrates
			 that there is sufficient participation to make the water bank's operations
			 practical and feasible, including economically;
(3) a petition declaring an intent to
			 establish a water bank that is signed by at least five percent of the water
			 right owners within the water bank's proposed boundaries;
(4) the names of at least five members of the
			 proposed governing body of the water bank, their addresses, and the public and
			 private interests that each represents;
(5) the proposed boundaries of the water
			 bank, including information showing that the boundaries of the proposed water
			 bank do not overlap the boundaries of another water bank;
(6) for groundwater banks, an enumeration of
			 all the hydrologic units and sources of water supply within the water bank
			 boundaries, including alluviums, terrace deposits, and regional aquifers, both
			 confined and unconfined, that have similar aquifer properties. The aquifer
			 properties shall include the saturated thickness and water level changes over
			 the representative past period;
(7) for a water bank that includes surface
			 water, a list of the streams and their tributaries that are to comprise the
			 water bank and a methodology to limit the leasing of surface water so that it
			 does not impair senior surface water rights and minimum desirable streamflow;
(8) the designation of a
			 representative past period;
(9) a
			 comprehensive method to account for the following:
(A) The amount of water deposited and the
			 length of the contracts for deposit;
(B) the amount of water leased from the water
			 bank and the length of the lease contracts; and
(C) the identification of the hydrologic
			 units from which deposits and leases are being made;
(10) for a water bank that includes the use
			 of groundwater, a proposed plan to ensure that the net amount of water consumed
			 by the deposited water rights will be at least 10 percent less than the average
			 net amount of water consumed by the deposited water rights for the
			 representative past period. The proposed plan shall require the comparison of
			 the average annual net consumption for the deposited water rights for the
			 five-year period after a water bank is chartered or rechartered with the
			 average net consumptive use for the deposited water rights for the
			 representative past period;
(11) a
			 list of any severely depleted groundwater aquifers or severely depleted stream
			 courses;
(12) a plan to ensure
			 that there will be no increase in the depletion of severely depleted
			 groundwater aquifers or severely depleted stream courses;
(13) a method for determining the water
			 rights that are bankable and the portion that is bankable;
(14) a procedure for dissolution of the water
			 bank;
(15) for a bank using
			 groundwater, a methodology for ensuring that the total quantity of groundwater
			 leased each year does not exceed 90 percent of the average annual quantity
			 collectively diverted pursuant to all deposited water rights or portions of
			 water rights from each hydrologic unit for the representative past period;
(16) for a water bank that
			 authorizes safe deposit accounts, a methodology to ensure that the users of
			 safe deposit accounts will not increase the consumption of groundwater; and
(17) for a water bank that
			 authorizes safe deposit accounts, a provision setting the maximum percentage of
			 unused water from the previous year that may be deposited in a safe deposit
			 account.