Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 50 - WATER TRANSFERS › Section 5-50-2 - Requirements for application

Current through Register Vol. 43, No. 28, July 11, 2024
To be complete, a water transfer application shall show the
				following:
(a) the name and mailing
			 address of the applicant;
(b) the
			 maximum quantity of water proposed to be transferred in a calendar year and the
			 proposed maximum diversion rate;
(c) the location of the proposed point or
			 points of diversion;
(d) the
			 location of the proposed point or points of use;
(e) the proposed use made of the water;
(f) any economically and
			 technologically feasible alternative source or sources of supply available to
			 the applicant and to any other present or future users of the water proposed to
			 be transferred. The water transfer application shall specify why this source of
			 supply was selected over the alternative sources available;
(g) the proposed plan of design, construction
			 and operation of any works or facilities used in conjunction with carrying the
			 water from the point or points of diversion to the proposed point or points of
			 use. The proposed plan shall be in sufficient detail to enable all parties to
			 understand the impacts of the proposed water transfer;
(h) the estimated date for completion of the
			 infrastructure and initial operation thereof;
(i) that the benefits to the state if the
			 transfer is approved outweigh the benefits to the state if the transfer is not
			 approved;
(j) that the proposed
			 transfer will not impair water reservation rights, vested rights, appropriation
			 rights or prior applications for permits to appropriate water;
(k) any current beneficial use of the water
			 that is proposed to be transferred, including minimum desirable streamflow
			 requirements;
(l) any reasonably
			 foreseeable future beneficial use of the water;
(m) the economic, environmental, public
			 health and welfare, and other impacts of approving or denying the transfer of
			 water;
(n) any and all measures
			 the applicant has taken to preserve the quality and remediate any contamination
			 of water currently available for use by the applicant;
(o) the provisions of a revised management
			 program adopted by a groundwater management district that are applicable to the
			 proposed transfer whenever any of the proposed points of diversion are located
			 within a groundwater management district;
(p) whether or not the applicant, and any
			 entity to be supplied water by the applicant, have adopted and implemented
			 conservation plans and practices that fulfill the following requirements:
(1) are consistent with guidelines developed
			 and maintained by the Kansas water office, pursuant to
			 K.S.A.
			 74-2608 and its amendments;
(2) have been in effect for not less than 12
			 consecutive months immediately before the filing of this water transfer
			 application; and
(3) provide for a
			 rate structure that encourages efficient use of water and results in
			 conservation and wise, responsible use of water, if the transfer is for use by
			 a public water supply system;