reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-12 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The application
			 fee shall be $200 for each license sought, with the exception of state
			 educational institution licenses and administrative licenses, for which no
			 application fee shall be charged.
(b) Upon conditional approval of a research
			 grower license, each individual wanting to be the primary licensee shall pay a
			 license fee of $1,000.
(c) Upon
			 conditional approval of a research distributor license, each individual wanting
			 to be the primary licensee shall pay a license fee of $2,000 for each licensed
			 research section approved by the department.
(d)
(1)
			 Upon conditional approval of a research processor license for processing fiber
			 or grain, each individual wanting to be the primary licensee shall pay a
			 license fee of $3,000 for each processing facility in a licensed research
			 section and for each mobile processing facility.
(2) Upon conditional approval of a research
			 processor license for processing floral material, each individual wanting to be
			 the primary licensee shall pay a license fee of $6,000 for each processing
			 facility in a licensed research section and for each mobile processing
			 facility.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-13 - Modification of license

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each primary licensee who wants to modify that individual's license or the
			 license of any individual listed on the research license application shall
			 submit a modification request form and the required fee, except as specified in
			 paragraph (d)(2), to the department.
(b) Each licensee shall comply with the
			 requirements of the original license, unless the department modifies the
			 license in writing.
(c) Any primary
			 licensee may request multiple license modifications by submitting one
			 modification request form, but separate fees shall be required for each
			 requested change.
(d)
(1) If a primary licensee dies, any licensee
			 who was listed on the research license application and was issued a license may
			 request that the department modify the license to name the requesting
			 individual as the primary licensee. This request may be granted by the
			 department if the requesting individual performs the following:
(A) Notifies the department of the primary
			 licensee's death within 15 business days;
(B) submits a license modification request
			 form to the department within 45 days of the primary licensee's
			 death;
(C) submits a copy of the
			 primary licensee's death certificate to the department within 45 days of that
			 individual's death; and
(D) meets
			 the requirements in K.A.R. 4-34-5 and, if applicable, the requirements of
			 K.A.R. 4-34-6, K.A.R. 4-34-7, K.A.R. 4-34-8, and K.A.R. 4-34-9.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-14 - Land-use restrictions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 licensee shall not cultivate, plant, grow, handle, harvest, condition, store,
			 distribute, transport, or process any plants, plant parts, grain, or seeds of
			 the genus cannabis that are not industrial hemp.
(b) A licensee shall not cultivate, plant,
			 grow, handle, harvest, condition, store, distribute, or process industrial hemp
			 plants, plant parts, grain, or seeds at any location not included on the
			 licensee's license.
(c)
(1) A licensee shall not cultivate, plant,
			 grow, handle, harvest, condition, store, distribute, or process industrial hemp
			 plants, plant parts, grain, or seeds as follows, except with the secretary's
			 written permission:
(A) In or within 50 feet
			 of a residential structure; or
(B)
			 within one-quarter mile of any public or private K-12 school or public
			 recreational area.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-15 - Movement of industrial hemp; restrictions on sale or transfer of industrial hemp; compliance with applicable law

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The movement of all industrial hemp
			 plants, plant parts, grain, or seeds into, out of, or within Kansas shall be at
			 the licensee's expense and risk.
(b) A licensee shall not sell or transfer
			 industrial hemp plants, plant parts, grain, or seeds to any individual or
			 business entity outside Kansas who is not authorized by an institution of
			 higher education or a state department of agriculture under
			 7 U.S.C.
			 5940, as amended, and the laws of that state.
			 A licensee shall not purchase or receive industrial hemp plants, plant parts,
			 grain, or seeds from an individual or business entity or permit any transfer of
			 industrial hemp plants, plant parts, grain, or seeds to or from any individual
			 or business entity outside Kansas who is not authorized by an institution of
			 higher education or a state department of agriculture under
			 7 U.S.C.
			 5940, as amended, and the laws of that state.
			 Each licensee shall ensure that any sale or transfer of industrial hemp plants,
			 plant parts, grain, or seeds is lawful in the state in which the transaction is
			 undertaken.
(c) Each licensee shall
			 comply with all local, state, and federal laws and regulations related to
			 industrial hemp and with the act and the implementing regulations.
(d) Each licensee shall be responsible for
			 any loss or obligation that the licensee incurs as a result of the licensee's
			 involvement in the pilot program.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-18 - Pre-harvest inspection; sample collection; testing and post-testing actions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A licensee,
			 whether present or not, shall permit representatives of the department
			 complete, unrestricted, and immediate access to all industrial hemp plants,
			 plant parts, grain, and seeds and all locations, buildings, and motor vehicles
			 listed on the license. Access shall be granted at reasonable times, without
			 interference or obstruction, with or without cause, and with or without advance
			 notice.
(b) Any primary licensee
			 may request collection of a sample from each research area listed on the
			 license. Each sample collected shall be subject to the sampling and testing
			 fees required by K.A.R. 4-34-12.
(c) Based on the results of the testing, one
			 of the following shall apply:
(1) A sample
			 containing a delta-9 tetrahydrocannabinol concentration of 0.3 percent or less
			 on a dry-weight basis shall result in the issuance of a passing report of
			 analysis and shall list each research area from which the sample was
			 taken.
(2) A sample containing a
			 delta-9 tetrahydrocannabinol concentration of higher than 0.3 percent on a
			 dry-weight basis shall result in the issuance of a failing report of analysis
			 and shall list each research area from which the sample was taken.
(A) Within seven days of issuance of a
			 failing report of analysis, the primary licensee may request that the
			 department either collect a subsequent pre-harvest sample or destroy all
			 plants, plant parts, grain, or seeds located in each research area sampled and
			 identified on the failing report of analysis.
(B) A subsequent pre-harvest sample requested
			 by the primary licensee and found to contain a delta-9 tetrahydrocannabinol
			 concentration of higher than 0.3 percent on a dry-weight basis shall result in
			 the issuance of a failing report of analysis. Within seven days of issuance of
			 the failing report of analysis, a licensee listed on the primary licensee's
			 research license application shall destroy all plants, plant parts, grain, or
			 seeds that are located in each research area that was sampled and identified in
			 the failing report of analysis.
(C)
			 If any sample is found to contain a delta-9 tetrahydrocannabinol concentration
			 of higher than 0.3 percent on a dry-weight basis, the testing results and the
			 location of each sampled research area may be referred to the Kansas bureau of
			 investigation and other appropriate law enforcement agencies for further
			 investigation.
(D) If any sample is
			 found to contain a delta-9 tetrahydrocannabinol concentration of 2.0 percent or
			 higher on a dry-weight basis, the testing results and the location of each
			 sampled research area shall be referred to the Kansas bureau of investigation
			 and other appropriate law enforcement agencies for further
			 investigation.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-20 - Reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each report
			 required by the department shall be submitted on a form provided by the
			 department. Each licensee shall submit the complete, accurate, and legible
			 reports on or before the date required.
(b) A primary licensee on a research grower
			 license shall submit a field planting report to the department within 15 days
			 after every planting, including replanting seeds or propagules or establishing
			 plants. Each field planting report shall identify the following for each
			 research area:
(1) The official name of the
			 industrial hemp variety that was cultivated, planted, or grown;
(2) the global positioning system coordinates
			 for each research area where industrial hemp plants, plant parts, grain, or
			 seeds are being cultivated, planted, or grown; and
(3) a statement of intended end-use for all
			 industrial hemp plants, plant parts, grain, or seeds being cultivated, planted,
			 or grown in each research area.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-21 - Violations; disciplinary sanctions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each of the following acts and omissions
			 shall constitute a violation for which disciplinary sanctions, including
			 revocation of any license and denial of future applications, may be imposed by
			 the department:
(1) Failure to cooperate with
			 the department and law enforcement agencies in administration and enforcement
			 of the act, and amendments thereto, and the implementing regulations;
(2) failure to provide any information
			 relating to the administration of the pilot program that the department
			 requests;
(3) providing false,
			 misleading, or incorrect information relating to the licensee's participation
			 in the pilot program to the department;
(4) failure to submit any forms or reports as
			 required;
(5) cultivating,
			 planting, growing, or otherwise possessing plants of the genus cannabis with a
			 delta-9 tetrahydrocannabinol concentration greater than 0.3 percent on a
			 dry-weight basis;
(6) failure to
			 pay any fees assessed by the department;
(7) submitting a pre-harvest report or
			 destruction report and harvesting or destroying industrial hemp plants, plant
			 parts, grain, or seeds before sampling by the department;
(8) harvesting any industrial hemp plants,
			 plant parts, grain, seeds without being issued a passing report of
			 analysis;
(9) failure to destroy
			 any industrial hemp plants, plant parts, grain, seeds, volunteer plants, or
			 plants of the genus cannabis with a delta-9 tetrahydrocannabinol concentration
			 greater than 0.3 percent on a dry-weight basis as required by this article of
			 the department's regulations;
(10)
			 harvesting any industrial hemp plants, plant parts, grain, or seeds after being
			 issued a failing report of analysis; and
(11) any other violation of the act, and
			 amendments thereto, or the implementing regulations.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-22 - License required to cultivate or produce industrial hemp for commercial purposes

Current through Register Vol. 43, No. 28, July 11, 2024
(a)K.A.R. 4-34-22
			 through 4-34-30 shall apply only to the commercial production of industrial
			 hemp pursuant to
			 K.S.A.
			 2-3901 et seq., and amendments thereto, and,
			 unless otherwise stated, shall not apply to research conducted as part of the
			 pilot program pursuant to
			 K.S.A.
			 2-3902, and amendments thereto, and regulated
			 by
			 K.A.R. 4-34-2
			 through
			 4-34-21.
(b) No individual may cultivate or produce
			 industrial hemp for commercial purposes without a license issued by the
			 secretary. A license shall not be required for employees, agents, contractors,
			 or volunteers of a licensee.
(c)
			 Only individuals shall be eligible to apply for licenses to cultivate or
			 produce industrial hemp.
(d) Each
			 individual who applies for a license to cultivate or produce industrial hemp
			 shall be required to submit to a fingerprint-based state and national criminal
			 history record check to verify that the individual has not been convicted of a
			 felony violation of K.S.A. 2019 Supp.
			 21-5701 et
			 seq., and amendments thereto, or a substantially similar offense in another
			 jurisdiction, within the 10 years immediately preceding submission of that
			 individual's application.
(e)
(1) Each individual submitting a license
			 application shall submit the application on a form provided by the secretary,
			 which shall include the following:
(A) The
			 individual's full legal name and date of birth;
(B) the individual's current mailing address,
			 telephone number, and electronic-mail address;
(C) the legal description and global
			 positioning system coordinates of the entrance to the proposed licensed growing
			 area and the entrance to each lot that will be used to cultivate or produce
			 industrial hemp and a map of the proposed licensed growing area and each
			 lot;
(D) the total number of acres
			 or square feet that will be used to cultivate or produce industrial
			 hemp;
(E) the number of acres or
			 square feet that will be used to cultivate or produce industrial hemp in each
			 lot;
(F) the variety of industrial
			 hemp to be cultivated or produced in each lot;
(G) a completed fingerprint card for
			 submission to the Kansas bureau of investigation; and
(H) any other relevant information requested
			 by the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-23 - Planting and pre-harvest requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All industrial hemp cultivated or
			 produced shall have originated from authorized seed or clone plants.
(b) Each licensee shall maintain written
			 certification for all authorized seed or clone plants cultivated or produced,
			 which shall consist of either of the following:
(1) A certificate of analysis, or a similar
			 document, stating that the source of the authorized seed or clone plants was
			 cultivated or produced with a delta-9 tetrahydrocannabinol concentration less
			 than 0.3 percent on a dry-weight basis during the most recent growing season;
			 or
(2) documentation that the
			 authorized seed or clone plants are certified pursuant to
			 K.S.A. 2-1415 et
			 seq., and amendments thereto.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-24 - Sampling, testing, and harvest requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No more than 30 days before any
			 industrial hemp cultivated or produced pursuant to the act is harvested, each
			 licensee shall allow a sample to be collected by the secretary for testing,
			 using post-decarboxylation or any other similarly reliable method, to determine
			 the delta-9 tetrahydrocannabinol concentration of industrial hemp cultivated or
			 produced. A licensee shall not harvest any industrial hemp before receiving
			 notice that testing of the samples has shown a delta-9 tetrahydrocannabinol
			 concentration of less than 0.3 percent on a dry-weight basis and that the
			 licensee may harvest the industrial hemp.
(b) Each licensee shall complete each harvest
			 of industrial hemp plants, plant parts, grain, or seeds within 30 days of
			 sampling.
(c) If a licensee fails
			 to harvest all of the industrial hemp plants, plant parts, grain, or seeds
			 within the time frame specified in subsection (b), the licensee shall perform
			 one of the following:
(1) Notify the
			 department that harvest has not occurred within seven days after the expiration
			 of the time frame specified in subsection (b), request that the department
			 collect a subsequent pre-harvest sample, and pay the required sampling and
			 testing fees; or
(2) notify the
			 department that harvest has not occurred within seven days after the expiration
			 of the time frame specified in subsection (b) and inform the department of the
			 date by which the licensee intends to effectively dispose of the industrial
			 hemp plants, plant parts, grain, or seeds. The licensee shall conduct effective
			 disposal no more than seven days after the licensee informs the department that
			 harvest has not occurred and shall notify the department of any change in the
			 effective disposal date. Effective disposal of industrial hemp plants, plant
			 parts, grain, or seeds shall occur by the licensee and at the licensee's
			 expense. All volunteer plants within and adjacent to the licensed growing area
			 shall be effectively disposed of during the current license year and for at
			 least three years after the last reported date of planting. If effective
			 disposal of industrial hemp plants, plant parts, grain, or seeds occurs, no
			 refund shall be issued for any fees paid by a licensee, the cost of effective
			 disposal, or the value of the crop.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-25 - Remediation; effective disposal; violations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All hemp that is deemed to be in
			 violation of the act for any reason or that contains a delta-9
			 tetrahydrocannabinol concentration greater than 0.3 percent on a dryweight
			 basis shall, by order of the secretary, be subject to effective disposal or
			 remediation.
(b) Remediation shall
			 not be allowed for any hemp for which the secretary has not approved a
			 remediation plan. Hemp for which remediation is not allowed shall be
			 effectively disposed of as specified in this regulation.
(c) Remediation shall include any method
			 approved by the United States department of agriculture and may include either
			 of the following:
(1) Separating and removing
			 all flowers and floral materials from the stalks, leaves, and seeds of all
			 plants or plant parts, which may include removal by hand or mechanical removal;
			 or
(2) shredding the entirety of
			 all plants or plant parts into hemp biomass, which may be accomplished with
			 shredders, composters, specialty mechanical equipment, or similar
			 means.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-26 - Transportation of industrial hemp

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee who sells, trades, barters,
			 gives away, or otherwise transfers any unprocessed industrial hemp to any other
			 person shall ensure that the unprocessed industrial hemp is accompanied by a
			 signed bill of lading that includes the licensee's license number, the total
			 quantity of industrial hemp transferred, the date the transfer occurred, and
			 the name of the person acquiring the industrial hemp. A certificate of analysis
			 or other similar document shall be attached to the bill of lading.
(b) Each person who sells, trades, barters,
			 gives away, or otherwise transfers unprocessed industrial hemp subsequent to an
			 initial transfer involving unprocessed industrial hemp as specified in
			 subsection (a) shall record the transfer and shall amend the bill of lading or
			 attach the information regarding the subsequent transfer to the original bill
			 of lading and shall include the name of the person acquiring possession of the
			 industrial hemp, the amount of industrial hemp transferred, and the date of the
			 transfer. Any individual in possession of unprocessed industrial hemp plants,
			 plant parts, grain, or seeds without a valid hemp producer's license or a bill
			 of lading may be presumed to have unlawfully cultivated or produced hemp in
			 violation of the act or gained possession of industrial hemp plants, plant
			 parts, grain, or seeds that were cultivated or produced in violation of the
			 act.
(c) Each licensee shall comply
			 with all local, state, and federal laws and regulations related to the
			 transportation of industrial hemp and with the act.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-27 - Planting restrictions; signage requirements; volunteer plants

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A licensee
			 shall not cultivate, plant, grow, or harvest industrial hemp plants, plant
			 parts, grain, or seeds at any location not included on the license.
(b) A licensee shall not cultivate, plant,
			 grow, or harvest industrial hemp plants, plant parts, grain, or seeds in a
			 residential structure, within 50 feet of a residential structure, or within
			 one-quarter mile of any public or private K-12 school or public recreational
			 area, except with the secretary's written permission.
(c) A licensee shall not interplant any other
			 crop with industrial hemp, except that any state educational institution
			 licensee may do so upon authorization by the secretary. This subsection shall
			 not prohibit the use of ground cover, but ground cover shall not be
			 harvested.
(d) A licensee shall not
			 interplant different varieties of industrial hemp within a lot.
(e) Harvested lots of industrial hemp plants
			 shall not be commingled with other harvested lots or other material.
(f) Each licensee shall post and maintain at
			 least one sign at each licensed growing area listed on the license. A sign
			 shall be posted along each licensed growing area boundary adjacent to a public
			 road, except that if the licensed growing area is adjacent to an intersection
			 of two or more public roads, a sign shall be posted at the intersection. If a
			 licensed growing area is not adjacent to any public road, a sign shall be
			 posted at the point of access to the licensed growing area. Each sign shall
			 measure at least 36 inches per side, shall be clearly visible and legible from
			 the adjacent public road, intersection of public roads, or access point, and
			 shall include the following information:
(1)
			 The following text: "Kansas Department of Agriculture Industrial Hemp
			 Program";
(2) the licensee's
			 name;
(3) the licensee's license
			 number; and
(4) the department's
			 telephone number.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-28 - Access to records and property

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Acceptance of a license shall constitute
			 a grant of authority by each licensee allowing the secretary to inspect all
			 records related to the cultivation or production of industrial hemp.
(b) Each licensee shall grant the secretary
			 access to all land identified for the cultivation or production of industrial
			 hemp for purposes of inspection to determine compliance with the act and the
			 implementing regulations. In addition to pre-harvest sampling and testing of
			 all industrial hemp plants being cultivated or produced pursuant to the act as
			 specified in K.A.R. 4-34-24, in accordance with federal law, each licensee's
			 premises and records related to the cultivation or production of industrial
			 hemp shall be subject to annual inspection to ensure compliance with the act
			 and the implementing regulations.
(c) Each licensee shall consent to the
			 secretary's providing information to the United States department of
			 agriculture, law enforcement, fire and rescue agencies, and the public
			 regarding each licensed growing area. Additionally, each licensee shall consent
			 to the secretary's providing information about any licensed growing area,
			 including global positioning system coordinates, to representatives of the
			 United States department of agriculture, Kansas bureau of investigation, United
			 States drug enforcement agency, and other law enforcement agencies.
(d) Each licensed growing area and all
			 adjacent areas shall be subject to inspection by the secretary. The secretary
			 shall have complete, unrestricted, and immediate access to all industrial hemp
			 plants, plant parts, grain, and seeds, whether growing or not, including access
			 to all land, buildings, facilities, motor vehicles, and other structures used
			 for industrial hemp-related activities. Access shall be granted at reasonable
			 times, without interference or obstruction, with or without cause, and with or
			 without advance notice. The secretary's right of access specified in this
			 regulation shall include the unrestricted right to inspect or take samples of
			 any industrial hemp plants, plant parts, grain, or seeds, whether growing or
			 not, present at the location being accessed, as well as the right to inspect
			 any reports or records pertaining to industrial hemp plants, plant parts,
			 grain, or seeds.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-29 - Negligent violations; corrective action plans

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Negligent violations of the act may
			 include failure to provide a legal description of land on which a licensee
			 produces industrial hemp, producing plants with a delta-9 tetrahydrocannabinol
			 concentration greater than 1.0 percent on a dry-weight basis, or producing
			 plants with a delta-9 tetrahydrocannabinol concentration greater than 0.3
			 percent on a dry-weight basis if the licensee did not make reasonable efforts
			 to cultivate or produce industrial hemp. It shall not be a negligent violation
			 of the act if a licensee produces plants with a delta-9 tetrahydrocannabinol
			 concentration of 1.0 percent or less on a dry-weight basis and the licensee has
			 made reasonable efforts to cultivate or produce industrial hemp. Each licensee
			 who negligently violates the act or the implementing regulations shall be
			 required to follow a corrective action plan developed by the
			 secretary.
(b) Upon the first
			 negligent violation, each licensee shall meet the following requirements:
(1) Correct the violation within 10 days of
			 notification of the violation by the secretary, including conducting effective
			 disposal of the industrial hemp crop if so ordered;
(2) for the duration of the time period
			 specified in the corrective action plan, which shall be at least two years,
			 provide a report to the secretary as often as is required by the secretary
			 regarding the status of the violation; and
(3) complete any other actions required by
			 the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-30 - State educational institutions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each state educational institution shall
			 obtain a license before cultivating or producing industrial hemp for research
			 purposes.
(b) Each state
			 educational institution shall be exempt from all application and licensing fees
			 if the state educational institution's license application is accompanied by a
			 written summary of the research to be performed, except as provided in
			 subsection (f).
(c) Each state
			 educational institution shall be subject to all other requirements applicable
			 to a hemp producer, except that a state educational institution may request the
			 waiver of any requirement in
			 K.A.R. 4-34-1 through
			 K.A.R. 4-34-30 by submitting a written request to the secretary that explains
			 why the waiver of an existing regulation is necessary for the proposed
			 research.
(d) In spite of
			 subsection (c), a state educational institution shall not request a waiver of
			 the fingerprint-based state and national criminal history record check or
			 corrective action plan requirements.
(e) Each state educational institution
			 seeking licensure shall designate an individual as the primary licensee for any
			 license. The primary licensee shall be responsible for all employees, agents,
			 students, and volunteers of the institution, and any activities that the
			 institution undertakes, related to industrial hemp at the locations identified
			 in each application. The costs associated with fingerprinting and the required
			 state and national criminal history record check shall be the responsibility of
			 the individual designated as the primary licensee.
The head of a department of the state educational institution,
				or a similar person with supervisory authority, shall submit a written letter
				designating the responsible individual as the primary licensee along with the
				application.
(f) Upon
			 written request, a state educational institution may be granted a multiyear
			 license that is valid for up to five years for completion of a multiyear
			 research project.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 1 - DEFINITIONS › Section 5-1-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these regulations and the Kansas water appropriation
				act, and by the division of water resources in the administration of the Kansas
				water appropriation act, unless the context clearly requires otherwise, the
				following words and phrases shall have the meanings specified in this
				regulation.
(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) "Acceptable quality surface water" means
			 surface water that will not degrade the quality of the groundwater source into
			 which it is discharged.
(c)
			 "Application" means the formal document submitted on the form prescribed by the
			 chief engineer for a permit to appropriate water for beneficial use and filed
			 in the office of the chief engineer as provided by
			 K.S.A.
			 82a-708a and
			 82a-709, and amendments thereto.
(d) "Approval of application"
			 means a permit to proceed with construction of diversion works and the
			 diversion and use of water in accordance with the terms and conditions set
			 forth in the permit. Approval of application shall not constitute any permit
			 that may be required by other state laws.
(e) "Aquifer storage" means the act of
			 storing water in the unsaturated portion of an aquifer by artificial recharge
			 for subsequent diversion and beneficial use.
(f) "Aquifer storage and recovery system"
			 means the 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 1 - DEFINITIONS › Section 5-1-2 - Standby well

Current through Register Vol. 43, No. 28, July 11, 2024
In order for a well to qualify as a standby well, all of the
				following requirements shall be met:
(a) The well shall be maintained in operable
			 condition and be capable of being hooked to a power source within a reasonable
			 amount of time to allow the well to function effectively as a standby well.
(b) Both the primary well or wells
			 and the standby well or wells shall be required to be metered by order of the
			 chief engineer or as a condition of the water right or permit.
(c) The standby well shall be located close
			 enough to the primary well so that both wells withdraw water from the same
			 local source of supply. However, a standby well shall not be required to meet
			 the well spacing requirements from the standby well to the primary well.
(d) The standby well shall be
			 authorized to divert the same rate and quantity as the primary well or wells. A
			 limitation clause shall be placed on any water right or permit authorizing a
			 standby well or wells limiting the standby well to no more than the rate and
			 quantity authorized for the primary well or wells. With the limitation clause
			 or clauses in effect, the standby well or wells shall not be counted in any
			 safe yield, allowable appropriation, depletion or similar type of analysis.
(e) A primary well and a standby
			 well shall not be operated at the same time, unless one of the wells is being
			 operated for maintenance, testing, fire protection, or a similar reason.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 1 - DEFINITIONS › Section 5-1-3 - Permitting requirements of the Kansas water appropriation act

Current through Register Vol. 43, No. 28, July 11, 2024
An individual engaged in the drilling of water well test holes,
				seismic test holes, stratigraphic test holes, observation wells, and water
				quality sampling wells, shall not be required to have an approval of
				application pursuant to the Kansas water appropriation act if water will not be
				diverted for beneficial use.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 1 - DEFINITIONS › Section 5-1-4 - Water flowmeter specifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each water flowmeter required by the chief engineer, or required pursuant to a
			 regulation adopted by the chief engineer, on or after the effective date of
			 this regulation shall meet the following minimum requirements:
(1)
(A) The
			 water flowmeter has been certified by the manufacturer to register neither less
			 than 98 percent nor more than 102 percent of the actual volume of water passing
			 the water flowmeter when installed according to the manufacturer's
			 instructions. This requirement shall be met throughout the water flowmeter's
			 normal operating range without further adjustment or calibration.
(B) The manufacturer has certified to the
			 chief engineer that it has an effective quality assurance program, including
			 wet testing a random sample of production line water flowmeters with water
			 flowmeter test equipment. The minimum number of samples to be tested shall be
			 determined using a confidence interval of 90 percent, an expected compliance of
			 95 percent, and an acceptable error of two percent. The minimum number of
			 samples of each model that shall be tested shall be calculated by multiplying
			 1,300 times the annual production of that model of water flowmeter divided by
			 Q. Q equals four times the annual production of that water flowmeter plus
			 1,300.
(C) The manufacturer has
			 certified that the water flow-meter test equipment described in paragraph
			 (a)(1)(B) has been tested annually and found accurate by standards traceable to
			 the national institute of standards and technology (NIST). Documentation of the
			 testing required in paragraphs (a)(1)(A) and (B) shall be maintained by the
			 manufacturer for a period of at least five years and shall be made available to
			 the chief engineer upon request during normal business hours.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 1 - DEFINITIONS › Section 5-1-5 - Variances from water flowmeter specifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A variance
			 from the chief engineer's water flowmeter specifications may be granted by the
			 chief engineer if the water right owner furnishes detailed specifications of a
			 proposed water flowmeter and demonstrates to the chief engineer all the
			 following:
(1) A water flowmeter meeting the
			 specifications of K.A.R. 5-1-4 will not satisfactorily serve the water user's
			 needs.
(2) The proposed water
			 flowmeter will meet the accuracy requirements of K.A.R. 5-1-4(a) and (b).
(3) The proposed water flowmeter
			 will provide a reliable and accurate water use record for that point of
			 diversion.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 1 - DEFINITIONS › Section 5-1-6 - Water flowmeter installation specifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each water
			 flowmeter required by the chief engineer to be installed or required pursuant
			 to a regulation adopted by the chief engineer, on or after the effective date
			 of these regulations shall meet the following minimum water flowmeter
			 installation specifications:
(1) Each water
			 flowmeter shall be installed in a manner that meets the following criteria:
(A) Meets or exceeds the instructions of the
			 manufacturer; and
(B) except for a
			 multijet and a positive displacement water flowmeter, is installed so that
			 there are at least five pipe diameters of straight pipe upstream and at least
			 two pipe diameters of straight pipe downstream of the sensor portion of the
			 water flowmeter, regardless of the manufacturer's installation specifications.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 1 - DEFINITIONS › Section 5-1-7 - Requirement to install a water flowmeter or other suitable water-measuring device

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 nondomestic, nontemporary wells and pump sites operated under the authority of
			 an approval of application issued on or after the effective date of this
			 regulation shall be equipped with a water flowmeter that meets or exceeds the
			 specifications of the chief engineer effective at the time the application is
			 approved by the chief engineer.
(b)
(1) All
			 nondomestic, nontemporary gravity diversions of water, including irrigation
			 ditches, operating under the authority of an approval of application issued on
			 or after the effective date of this regulation shall be equipped with a
			 continuous recording gauge, or other suitable water-measuring device located at
			 or near the headgate. Before installation, the water right owner shall submit
			 plans and specifications for the proposed gauge, or other suitable
			 water-measuring device, to the chief engineer and shall receive approval in
			 writing from the chief engineer before installing the gauge or other suitable
			 water-measuring device.
(2) The
			 gauge or other suitable water-measuring device shall meet the following
			 criteria:
(A) Register not less than 94% and
			 not more than 106% of the actual volume of water passing the device under
			 normal operating conditions when compared to a field test made by, or approved
			 by, the chief engineer;
(B) be
			 installed in accordance with the installation requirements of the chief
			 engineer; and
(C) be maintained in
			 a satisfactory operating condition any time water can reasonably be expected to
			 be diverted.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 1 - DEFINITIONS › Section 5-1-8 - Water flowmeter maintenance

Current through Register Vol. 43, No. 28, July 11, 2024
If a water right owner is required by the chief engineer to
				install a water flowmeter, the water right owner shall maintain the water
				flowmeter in compliance, as defined by
				K.A.R.
				5-1-1, whenever diversion of water can
				reasonably be expected to occur. If at any time the required 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.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 1 - DEFINITIONS › Section 5-1-9 - Criteria to determine when a water flow-meter is out of compliance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A water
			 flowmeter shall be considered to be out of compliance if any of the following
			 criteria 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 by, 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 visible or is unreadable for any reason.
(5) There is not full pipe flow through the
			 water flow-meter.
(6)
			 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
			 flow-meter sensor and two diameters below the water flow-meter sensor shall be
			 the minimum spacing, regardless of the manufacturer's installation
			 specifications.
(9) A water
			 flowmeter is installed at a location at which 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 1 - DEFINITIONS › Section 5-1-10 - Duties of water right owner when a water flowmeter is out of compliance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A water
			 right owner, or the water right owner's authorized designee, shall promptly
			 notify the chief engineer if any water flowmeter required by the chief engineer
			 is out of compliance.
(b) Within
			 30 days after the date on which the out-of-compliance water flowmeter has been
			 repaired or replaced, the water right owner or the water right owner's
			 authorized designee shall notify the chief engineer in writing of the following
			 information:
(1) The date the water flowmeter
			 became out of compliance;
(2) the
			 water flowmeter reading at the time the water flowmeter became out of
			 compliance;
(3) if the water
			 flowmeter was replaced, the following information:
(A) The brand, model, size, and serial number
			 of the new water flowmeter;
(B)
			 the units in which the new water flowmeter reads;
(C) the reading of the new water flowmeter at
			 the time of installation; and
(D)
			 the location of the new water flowmeter on the diversion works or delivery
			 system;
(4) if the
			 water flowmeter was repaired, the water flowmeter reading immediately before
			 the repair and the reading of the water flowmeter at the time it was
			 reinstalled or the repair was completed on site;
(5) the date the repair or replacement was
			 completed; and
(6) the amount of
			 water diverted while the water flowmeter was out of compliance.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 1 - DEFINITIONS › Section 5-1-11 - Water flowmeter testing by a nonagency 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 done by a nonagency person for any reason, a person may be approved
				by the chief engineer to perform a water flowmeter flow rate test if the person
				demonstrates to the chief engineer 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 do 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 1 - DEFINITIONS › Section 5-1-12 - List of water flowmeters certified by the manufacturer to meet the specifications of the chief engineer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A list of
			 all makes and models of water flowmeters that have been certified by the water
			 flowmeter manufacturer to meet the specifications of the chief engineer shall
			 be maintained by the chief engineer. This list shall be made available by the
			 chief engineer to the public upon request.
(b) A water flowmeter shall be placed on the
			 list only if the manufacturer has submitted to the chief engineer all of the
			 following information for each water flowmeter model:
(1) The water flowmeter manufacturer's name,
			 address, contact person's name, and telephone number;
(2) the water flowmeter model name or number;
(3) proof that a random sample of
			 water flowmeters of each model has been tested in accordance with the
			 requirements of K.A.R. 5-1-4(a);
(4) the last date that the water flowmeter
			 test equipment was tested and found to be accurate by standards traceable to
			 the national institute of standards and technology (NIST);
(5) verification that the water flowmeter is
			 designed and constructed so that accuracy will be maintained over the life of
			 the water flowmeter;
(6)
			 verification that the water flowmeter serial number and direction of flow are
			 clearly indicated on the water flowmeter;
(7) verification that the register is
			 weatherproof and sealed from all water sources;
(8) verification that the totalizer will read
			 only in acre-feet, acre-inches, or gallons;
(9) the number of active digits in the
			 totalizer;
(10) verification that
			 the memory is nonvolatile;
(11)
			 verification that the totalizer cannot be reset without breaking the
			 manufacturer's seal or obtaining the authorization of the manufacturer, an
			 authorized representative of the manufacturer, or the chief engineer;
(12) verification that the water
			 flowmeter and register are constructed in such a manner that they can be sealed
			 by the chief engineer;
(13) a
			 description of the measuring chamber provided for each water flowmeter model;
(14) specifications of the
			 flow-straightening vanes installed in the measuring chamber;
(15) the spacing recommendations for each
			 water flowmeter model in terms of pipe diameters of straight pipe required
			 upstream and downstream of the water flowmeter sensor; and
(16) the normal operating range of the water
			 flowmeter.