Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 7 - ABANDONMENT AND TERMINATION › Section 5-7-1 - Due and sufficient cause for nonuse

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each of the following circumstances shall
			 be considered "due and sufficient cause," as used in
			 K.S.A.
			 82a-718 and amendments thereto:
(1) Adequate moisture from natural
			 precipitation exists for the production of grain, forage, or specialty crops,
			 as determined by the moisture requirements of the specific crop.
(2) A right has been established or is in the
			 process of being perfected for use of water from one or more preferred sources
			 in which a supply is available currently but is likely to be depleted during
			 periods of drought.
(3) Water is
			 not available from the source of water supply for the authorized use at times
			 needed.
(4) Water use is
			 temporarily discontinued by the owner for a definite period of time to permit
			 soil, moisture, and water conservation, as documented by any of the following:
(A) Furnishing to the chief engineer a copy
			 of a contract showing that land that has been lawfully irrigated with a water
			 right that has not been abandoned is enrolled in a multiyear federal or state
			 conservation program that has been approved by the chief engineer;
(B) enrolling the water right in the water
			 right conservation program in accordance with K.A.R. 5-7-4, K.A.R. 5-7-4b, and
			 K.S.A. 2013 Supp.
			 82a-741 and amendments thereto;
			 or
(C) any other method acceptable
			 to the chief engineer that can be adequately documented by the owner before the
			 nonuse takes place.
(5)
			 Management and conservation practices are being applied that require the use of
			 less water than authorized. If a conservation plan has been required by the
			 chief engineer, the management and conservation practices used shall be
			 consistent with the conservation plan approved by the chief engineer to qualify
			 under this subsection.
(6) The
			 chief engineer has previously approved the placement of the point of diversion
			 in a standby status in accordance with K.A.R. 5-1-2.
(7) Physical problems exist with the point of
			 diversion, distribution system, place of use, or the operator. This
			 circumstance shall constitute due and sufficient cause only for a period of
			 time reasonable to correct the problem.
(8) Conditions exist beyond the control of
			 the owner that prevent access to the authorized place of use or point of
			 diversion, as long as the owner is taking reasonable affirmative action to gain
			 access.
(9) An alternate source of
			 water supply was not needed and was not used because the primary source of
			 supply was adequate to supply the needs of the water right owner.
(10) The chief engineer determines that a
			 manifest injustice would result if the water right were deemed abandoned under
			 the circumstances of the case.
(11)
			 The water right is located in an area of the state that is closed to new
			 appropriations of water by regulation or order of the chief engineer but is not
			 closed by a safe-yield analysis.
(12) The water right has been deposited in a
			 water bank authorized by K.S.A. 2013 Supp.
			 82a-761 through K.S.A. 2013 Supp.
			 82a-773, and amendments
			 thereto.
(13) Water use, as
			 authorized by the water right, is suspended because the water right is enrolled
			 in a multiyear flex account, pursuant to K.S.A. 2013 Supp.
			 82a-736 and amendments
			 thereto.