Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-16 - Additional wells

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 application to change a point of diversion by adding an additional point of
			 diversion to divert groundwater, by either constructing a new well or moving a
			 portion of a water right to a well that has previously been authorized by the
			 chief engineer, shall not be approved unless the application meets the
			 following requirements:
(1) Each proposed
			 point of diversion shall meet the requirements of
			 K.S.A.
			 82a-708b, and amendments thereto, and any
			 applicable regulations adopted by the chief engineer.
(2) The total maximum quantity of water
			 authorized to be diverted each calendar year by the original well or wells, and
			 the additional well or wells, shall not exceed any of the following limits:
(A) The maximum annual quantity of water that
			 has been perfected;
(B) the maximum
			 annual quantity of water authorized to be diverted before approval of the
			 change; or
(C) the maximum
			 consumptive use of water during the perfection period as required by
			 K.A.R.
			 5-5-3 and as specified in either of the
			 following:
(i) If the water right authorizes
			 the use of water for irrigation use, the consumptive use of water shall be
			 presumed to not be increased in violation of
			 K.A.R.
			 5-5-3 if the maximum annual quantity
			 requested does not exceed the quantity in acre-feet calculated by use of the
			 following formula: multiply the maximum number of acres legally irrigated in
			 any one year during the perfection period by the 80 percent chance net
			 irrigation requirements (N.I.R.), as specified in
			 K.A.R.
			 5-5-12 expressed in acre-feet, and divide
			 that number by a delivery efficiency of 0.85; or
(ii) if the water right authorizes the use of
			 water for irrigation and an additional well or wells are authorized for a
			 beneficial use of water that is not irrigation, the consumptive use of the
			 portion of the water right used for irrigation shall be determined as specified
			 in paragraph (a)(2)(C)(i). The non-irrigation portion of the water right
			 available for diversion shall be determined as specified in
			 K.A.R.
			 5-5-9 and
			 K.A.R.
			 5-5-10.
(3) The total maximum rate of diversion that
			 may be authorized for the original well or wells and the additional well or
			 wells shall not be greater than the total maximum rate of diversion that could
			 have been diverted from the original well or wells if they were currently being
			 replaced by new wells at substantially the originally authorized location or
			 locations in the same local source of supply. The maximum rate of diversion
			 shall be one of the following:
(A) The total
			 rate of diversion based on a current water flow rate test done on the point or
			 points of diversion; or
(B) a value
			 resulting from a hydraulic analysis, which may include rate tests, pump tests,
			 and water level data, submitted by the applicant and acceptable to the chief
			 engineer based on the veracity of its data and its proper application of
			 scientific principles, showing the current capacity of the aquifer to yield
			 water at the currently authorized point or points of diversion.
(4) A condition shall be placed on
			 the approval of the application for change authorizing the additional well or
			 wells that provides that, for the sole purpose of administering wells
			 concerning direct impairment, the additional well or wells shall be considered
			 to have the priority of the date the application was filed to add the
			 additional well or wells.