reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-4 - High plains aquifer

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as specified in subsection (b), the district shall be closed to new
			 appropriations of water in the high plains aquifer.
(b) This regulation shall not apply to the
			 following:
(1) Wells for domestic
			 use;
(2) wells authorized by
			 temporary permits;
(3) wells
			 authorized by term permits of no more than five years;
(4) an application to appropriate 15
			 acre-feet of water or less if all of the following conditions are met:
(A) The area is closed to new appropriations,
			 but the sum of the annual quantity requested by the proposed appropriation and
			 the total quantities authorized by prior permits because of this exemption does
			 not exceed 15 acre-feet in a circle with a radius of two miles surrounding the
			 proposed point of diversion.
(B)
			 Well spacing criteria have been met.
(C) Approval of the application will not
			 authorize an additional quantity of water out of an existing well authorized by
			 a nondomestic approval of application or water right, which would result in a
			 total combined annual quantity of water authorized from that well in excess of
			 15 acre-feet.
(D) All other
			 criteria for processing a new application have been met.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-4a - Criteria for closing townships to new appropriations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Entire
			 townships shall be closed to further appropriation of water for beneficial use
			 from the high plains aquifer if at least one of the following conditions
			 exists:
(1) The entire township is fully
			 appropriated.
(A) A township shall be
			 considered to be fully appropriated if the aquifer within the township would be
			 depleted by 40 percent or more in 25 years if current vested rights and
			 appropriations are fully exercised and all limitation clauses listed on permits
			 to appropriate water and certificates are in force.
(B) Aquifer depletion shall be calculated
			 using the allowable annual appropriation formula described in subsection (b)
			 with the area of consideration equal to the number of acres within sections of
			 land containing saturated thickness within the township.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-6 - Water-measuring devices

Current through Register Vol. 43, No. 28, July 11, 2024
The diversion works for each nontemporary, nondomestic well
				located within the boundaries of the district shall be equipped with a water
				flowmeter that meets or exceeds the specifications in
				K.A.R.
				5-1-4 through
				5-1-12.
(a) The owner shall perform the following:
(1) Ensure that the water flowmeter is
			 installed according to specifications in K.A.R. 5-1-4 through 5-1-12;
(2) maintain the water flowmeter
			 in proper working condition whenever the diversion of water for nondomestic use
			 can reasonably be expected to occur; and
(3) promptly initiate action to repair or
			 replace any water flowmeter that is out of compliance, and correct any problems
			 with the installation of a water flowmeter.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-11 - Procedures for non-compliance with rules and regulations

Current through Register Vol. 43, No. 28, July 11, 2024
The district, its board or manager, any eligible voter within
				the district, or any person residing within the district that is at least
				eighteen (18) years of age, may file a written complaint with the district
				alleging a violation of these rules and regulations, the management program,
				the groundwater management district act (K.S.A.
				82a-1020
et seq.
), or the
				water appropriation act (K.S.A.
				82a-701
et seq.
). The
				written complaint shall be filed at the district office.
Within thirty (30) days following the filing of the complaint,
				a representative of the district designated by the board shall investigate the
				complaint. If the representative of the district finds that a violation has
				existed or presently exists, the representative shall issue a written directive
				to the violator stating the nature of the violation and directing the violator
				to come into compliance with these rules and regulations.
If the violator fails to comply with the directive, the
				district may:
(1) Seek to enjoin the
			 violator's use of water by suitable action in district court until such time as
			 the violator complies; or
(2) Seek
			 the assistance of the chief engineer and the attorney general of the state of
			 Kansas to enjoin the violator's use of water until such time as the violator
			 complies.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-14 - Dakota aquifer system

Current through Register Vol. 43, No. 28, July 11, 2024
All evaluations in the southwest Kansas groundwater management
				district no. 3 involving a determination of the extent of the confined and
				unconfined Dakota aquifer system shall use the information shown in the Kansas
				geological survey open file report number 98-37, released August 1998, which is
				hereby adopted by reference, unless the applicant or the district provides, or
				the chief engineer has available, better or more site-specific data concerning
				the extent of the confined and unconfined Dakota aquifer system.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 23 - SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 3 › Section 5-23-15 - Saturated thickness of the high plains aquifer

Current through Register Vol. 43, No. 28, July 11, 2024
All evaluations in the southwest Kansas groundwater management
				district no. 3 involving a determination of the saturated thickness of the high
				plains aquifer shall use the information shown in the Kansas geological survey
				open file report number 98-52, plate B, released February 1999, which is hereby
				adopted by reference, unless the applicant or the district provides, or the
				chief engineer has available, better or more site-specific data concerning the
				saturated thickness of the high plains aquifer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these regulations for the northwest Kansas
				groundwater management district no. 4, the following words and phrases shall
				have the following meanings.
(a)
			 "Area of consideration" means the two-mile-radius circle whose center is the
			 location of the proposed point of diversion. The area of consideration equals
			 8,042 acres minus any area of the circle that is outside the state of Kansas.
(b) "Base acreage" has the meaning
			 specified in K.A.R. 5-5-11(a).
(c)
			 "Battery of wells" has the meaning specified in K.A.R. 5-1-1.
(d) "Board" means the board of directors
			 constituting the governing body of the northwest Kansas groundwater management
			 district no. 4.
(e) "District"
			 means the northwest Kansas groundwater management district no. 4.
(f) "Tailwater" means that portion of the
			 applied irrigation water that becomes runoff from the authorized place of use.
(g) "Theis analysis" means the
			 Theis non-equilibrium equation analysis described in pp. 108-113 in "ground
			 water and wells: a reference book for the water-well industry," published by
			 Edward E. Johnson, Inc., Saint Paul, Minnesota, in 1966. The pages specified in
			 this subsection are hereby adopted by reference.
(h) "Usable water" means water containing not
			 more than 10,000 milligrams per liter of total dissolved solids.
(i) "Waste of water" has the meaning
			 specified in K.A.R. 5-1-1.
(j)
			 "Well" means any excavation that is drilled, cored, bored, washed, driven, dug,
			 or otherwise constructed if the intended use of the excavation is for the
			 acquisition, diversion, or artificial recharge of groundwater.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-2 - Allowable withdrawals

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as specified in subsection (b) the district shall be closed to any new
			 appropriation of water that partially or wholly requests a source of supply
			 that includes the Ogallala formation.
(b) The following types of applications shall
			 not be subject to the closure of the district under this regulation:
(1) A nondomestic application for an approval
			 of application if the proposed point of diversion meets the following criteria:
(A) Is to be located in an alluvial aquifer
			 not closed to new appropriations, except for domestic use, temporary permits,
			 and term permits for five or fewer years;
(B) meets the well spacing requirements of
			 K.A.R.
			 5-24-3; and
(C) meets the safe yield requirements of
			 K.A.R.
			 5-3-9,
			 K.A.R.
			 5-3-10, and
			 K.A.R.
			 5-3-11;
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-3 - Well spacing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 specified in subsection (b), the spacing between each proposed well and all
			 other wells authorized to withdraw water from the same source of water supply
			 shall be as follows:
(1) In the Ogallala
			 aquifer and in alluvial aquifers not closed to new appropriations, the required
			 minimum spacing for nondomestic, nontemporary wells shall be as follows:
(A) 0 to 175 acre-feet requested: a minimum
			 spacing of 1,400 feet;
(B) 176 to
			 350 acre-feet requested: a minimum spacing of 2,000 feet;
(C) 351 to 575 acre-feet requested: a minimum
			 spacing of 2,400 feet; and
(D)
			 more than 575 acre-feet requested: a minimum spacing of 2,800 feet.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-4 - Tailwater control and waste

Current through Register Vol. 43, No. 28, July 11, 2024
No person shall commit or allow a waste of water as defined in
				K.A.R.
				5-1-1. Runoff from precipitation shall not be
				considered a waste of water.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-5 - Allowable appropriation reasonable use

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The maximum
			 reasonable annual quantity of water for irrigation use shall not exceed the
			 standards adopted in K.A.R. 5-3-19, K.A.R. 5-3-20, K.A.R. 5-3-21, K.A.R.
			 5-3-23, and K.A.R. 5-3-24.
(b) The
			 annual quantity of water deemed reasonable on an application for municipal use
			 shall be determined using the following criteria:
(1) The annual quantity of water needed for
			 residential use shall be based on a population projection for the ensuing 20
			 years. The projected population shall be determined by extending present
			 population for 20 years at one and one-half percent per year increase.
(2) The total quantity of water
			 reasonable for the residential population shall then be determined by the
			 following:
(A) Multiplying the projected
			 population by the current per capita use; and
(B) adding a reasonable quantity of water for
			 the present and projected industrial use for the ensuing 20-year-period.
(3) Municipalities may
			 purchase, condemn, or otherwise acquire existing water rights in excess of the
			 quantities set forth in paragraphs (b) (1) and (2) and apply to the chief
			 engineer to change a reasonable quantity of the acquired water rights for
			 municipal use, which shall not exceed 200 percent of the quantity considered
			 reasonable pursuant to paragraphs (b)(1) and (2).
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-6 - Changes in points of diversion

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 replacement well shall meet all of the criteria in either of the following
			 paragraphs:
(1)
(A) Be located within 2,640 feet of the
			 currently approved well location; and
(B) meet the well spacing criteria of K.A.R.
			 5-24-3; or
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-7 - Well construction criteria

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 nondomestic well that is not subject to regulation under the Kansas chemigation
			 safety law,
			 K.S.A.
			 2-3301 et seq., and amendments thereto, and
			 that is completed after May 1, 1983 shall include the installation of a check
			 valve that meets or exceeds specifications adopted by the chief engineer which
			 were in effect at the time the well was completed.
(b) All wells, including domestic wells, to
			 be completed in a cretaceous aquifer shall be constructed in a manner that
			 prevents the cretaceous aquifer from mixing with all quaternary, tertiary, and
			 any other cretaceous water-bearing strata that have no natural hydraulic
			 connection between the formation or formations in which the well will be
			 screened.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-8 - Resource development plans

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A resource
			 development plan may be required by the district to be submitted for any of the
			 following:
(1) A new application to
			 appropriate water for irrigation use;
(2) a nonemergency application to change the
			 place of use or the use made of water from irrigation to another type of use
			 that involves an actual physical change in operation; or
(3) a new application to appropriate water
			 for nonirrigation purposes if one of the following criteria is met:
(A) The quantity of water requested is likely
			 to be unreasonable.
(B) The
			 proposed beneficial use is likely to be inefficient.
(C) The proposed operation is likely to
			 result in a waste of water.
(D)
			 The owner or operator has a recent, documented history of noncompliance with
			 the provisions of the Kansas water appropriation act or regulations adopted
			 pursuant to the act.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-9 - Water flowmeters

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each of the
			 following types of wells shall be equipped with a water flowmeter meeting the
			 water flowmeter and installation specifications in K.A.R. 5-1-4 through K.A.R.
			 5-1-12 at the time the well is permitted:
(1)
			 Any nondomestic, nontemporary well permitted or drilled after May 1, 1980;
(2) any nondomestic, nontemporary
			 well actually drilled after May 1, 1980 pursuant to an approval of an
			 application for a change in point of diversion; and
(3) any well reduced in annual quantity of
			 water authorized in order to allow approval of another application pursuant to
			 K.A.R. 5-24-2.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-10 - Exemptions for up to 15 acre-feet of groundwater

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In any area
			 of the district that is subject to safe yield criteria and is not closed by
			 specific regulation or intensive groundwater use control area order by the
			 chief engineer to new nondomestic, nontemporary permits and term permits for
			 five or fewer years, each application to appropriate groundwater shall be
			 exempt from meeting the safe yield criteria if all the following conditions are
			 met:
(1) The maximum annual quantity of water
			 proposed in the application is 15 acre-feet or less.
(2) The well spacing criteria of K.A.R.
			 5-24-3 have been met.
(3) An
			 existing water right from the same source of water supply that has a point of
			 diversion located within two miles of the proposed point of diversion has its
			 authorized annual quantity reduced as described in subsection (b).
(4) All issues relating to the possible
			 abandonment of the offsetting water right are resolved by the chief engineer
			 before determining the annual quantity of offset water that is available from
			 the existing water right.
(5) The
			 approval of the application does not authorize an additional quantity of water
			 out of an existing authorized well with a nondomestic permit or water right
			 that would result in a total combined annual quantity of water authorized from
			 that well in excess of 15 acre-feet.
(6) The approval of the application does not
			 authorize an additional quantity of water to be used on a currently authorized
			 nondomestic place of use.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4 › Section 5-24-11 - Investigation and enforcement

Current through Register Vol. 43, No. 28, July 11, 2024
The procedure set forth in this regulation shall be followed
				whenever enforcement action is taken by the district after it becomes aware
				that a person could be violating any of the regulations adopted by the chief
				engineer that relate to conservation and management of groundwater within the
				district.
(a) If a violation is
			 discovered by the district's staff, the enforcement procedure shall begin with
			 the step specified in subsection (c). In all other cases, a complaint may be
			 filed with the district either verbally or in writing. The complaint shall
			 describe and specify the following:
(1) The
			 nature of the alleged violation;
(2) the location of the alleged violation;
(3) the name of the complainant;
(4) the mailing address of the
			 complainant; and
(5) any other
			 information necessary for the staff to understand the alleged violation and
			 assist the staff in investigating the complaint.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these regulations for the Big Bend groundwater
				management district no. 5, unless the context clearly requires otherwise, the
				following words and phrases shall have the meaning ascribed to them in this
				regulation:
(a) "Aquifer" means a
			 geologic formation capable of yielding water in a quantity sufficient to supply
			 water to a spring or pumping well.
(b) "Baseflow" means groundwater that seeps,
			 flows, or is otherwise naturally discharged from an aquifer into a stream.
(c) "Baseflow node" means an
			 artificial point located in the channel of a stream for the purpose of
			 allocating a proportional amount of the baseflow to be considered when
			 evaluating a new application to appropriate water from a proposed point of
			 diversion located within two miles of the node.
(d) "Baseflow node allocation" means the
			 annual quantity of water assigned to a baseflow node expressed in acre-feet per
			 year. The baseflow node allocation shall be based on the natural discharge to a
			 stream, which shall be the rate of flow in the stream that is equaled or
			 exceeded 90 percent of the time.
(e) "Bedrock aquifer" means any consolidated
			 material and unconsolidated material that is older than the Dakota formation of
			 the Dakota aquifer system, as defined in K.A.R. 5-1-1, and that will yield
			 water in a quantity sufficient to supply a spring or a pumping well.
(f) "Board" means the board of directors
			 constituting the governing body of the Big Bend groundwater management district
			 no. 5.
(g) "Dakota aquifer" means
			 that portion of the Cretaceous Dakota formation that is capable of yielding
			 water in a quantity sufficient to supply water to a spring or pumping well.
(h) "District" means the Big Bend
			 groundwater management district no. 5.
(i) "Neat cement" means one 94-pound bag of
			 Portland cement mixed with five to six gallons of clean water.
(j) "Portland cement" means class A, type I
			 cement.
(k) "Stream" means any
			 watercourse, or part of a watercourse, with a well-defined bed and banks that
			 flows continuously during the calendar year, except during a drought.
(l) "Sustainable yield" means the
			 long-term yield of the source of supply, including hydraulically connected
			 surface water or groundwater, allowing for the reasonable raising and lowering
			 of the water table.
(m) "Well"
			 means any excavation that is drilled, cored, bored, washed, driven, dug, or
			 otherwise constructed, either by nature or by man, when the proposed use of the
			 excavation is for the acquisition, diversion, or artificial recharge of
			 groundwater.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-2 - Well spacing

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 With the exception of those wells described in subsection (b), the minimum
			 spacing of all wells described in an application to appropriate water for
			 beneficial use, other than those wells for domestic use, shall be 1,320 feet
			 from the following:
(1) All other non-domestic
			 wells and proposed non-domestic wells that carry an earlier priority;
			 and
(2) baseflow nodes.
Non-domestic wells shall be 660 feet from all existing domestic
				wells, except those domestic wells owned by the applicant.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-2a - Change in point of diversion

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The location
			 of a well requested in an application to change a point of diversion shall be
			 no more than 2,640 feet from the point of diversion currently authorized by a
			 vested right, appropriation right, or an application to appropriate water for
			 beneficial use. This well shall also meet the minimum spacing requirement
			 established in K.A.R. 5-25-2. If the point of diversion was not completed at
			 the currently authorized point of diversion, the location of a well requested
			 in an application to change the point of diversion shall be no more than 2,640
			 feet from the last authorized point of diversion for which the diversion works
			 were completed.
(b) If the current
			 authorization for a well requires one or more observation wells to be installed
			 in accordance with K.A.R. 5-25-10, then the approval of an application for a
			 change in the point of diversion shall also require the installation of one or
			 more new observation wells in accordance with K.A.R. 5-25-10 if either of the
			 following conditions exists:
(1) The well is
			 proposed to be located 300 feet or more from the currently authorized well
			 location.
(2) The well is proposed
			 to be located more than 50 feet and less than 300 feet from the currently
			 authorized well location, and the water quality analysis required pursuant to
			 K.A.R. 5-25-10 shows that the chloride concentration exceeds 500 milligrams per
			 liter (mg/l) at the currently authorized well location.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-3 - Reasonable appropriation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 application for a permit to appropriate water for irrigation use shall not be
			 recommended by the board for approval for a quantity in excess of those
			 quantities specified in K.A.R. 5-3-19.
(b) For livestock and poultry, the maximum
			 annual quantity of water shall be limited to those quantities specified in
			 K.A.R. 5-3-22.
(c) For all uses of
			 water, the quantity of water requested shall be reasonable for the proposed
			 beneficial use, and the approval shall neither impair an existing right nor
			 prejudicially and unreasonably affect the public interest.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-4 - Sustainable yield

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as specified in subsections (b) and (c), the entire district shall be
			 closed to further new surface water and groundwater appropriations.
(b) The following types of applications shall
			 be exempt from the closure of the district to new appropriations of water
			 described in subsection (a):
(1) Domestic
			 use;
(2) temporary
			 permits;
(3) applications for a
			 change in the point of diversion for which the diversion works have been
			 completed under the original approved application;
(4) standby wells used for emergency purposes
			 only;
(5) permits to appropriate 15
			 acre-feet of water or less per year that are exempt pursuant to
			 K.A.R.
			 5-25-15;
(6) term permit applications of one year or
			 less and those term applications meeting the requirements of
			 K.A.R.
			 5-25-13;
(7) permits to appropriate water from a
			 bedrock aquifer;
(8) permits to
			 appropriate water from the Dakota aquifer if the applicant can show either of
			 the following:
(A) No Pleistocene aquifer
			 exists within 5,280 feet of the proposed well location; or
(B) there is a significant difference in
			 hydraulic head between the Pleistocene aquifer and the Dakota
			 aquifer;
(9) an
			 application that proposes to use water in a manner so that there is no
			 significant consumptive use of the local source of supply either in quantity or
			 availability of water for use by other appropriators;
(10) any application that will enable or
			 provide augmentation in the Rattlesnake creek subbasin pursuant to
			 K.S.A.
			 82a-706b and amendments thereto, except that
			 no application shall be approved if the application would impair an existing
			 use. The proposed well location shall meet the spacing requirements of
			 K.A.R. 5-25-2;
			 and
(11) any application filed
			 pursuant to K.A.R. 5-25-22.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-5 - Water flowmeter requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each non-domestic well, except any well authorized by a temporary permit, shall
			 be equipped with a water flowmeter. Each water flowmeter required by the board
			 shall meet or exceed the specifications in K.A.R. 5-1-4 through 5-1-12
			 .
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-6 - Reporting water use

Current through Register Vol. 43, No. 28, July 11, 2024
Each water right owner shall report to the board the readings
				of water meters, gauges and other measuring devices at such times as may be
				required by the board.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-7 - Water quality tests

Current through Register Vol. 43, No. 28, July 11, 2024
Each water right owner shall take water samples from the
				owner's wells and have water quality analyses made on those samples at the
				owner's expense at times specified by the board. A laboratory licensed by the
				Kansas department of health and environment shall conduct the water quality
				analyses. The type of water quality analyses conducted shall be specified by
				the board. The owner shall submit the results of the water quality analyses to
				the board.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-8 - Waste of water

Current through Register Vol. 43, No. 28, July 11, 2024
A person shall not commit or allow a waste of water as defined
				in K.A.R.
				5-1-1.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-9 - Procedures for non-compliance with rules and regulations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 district's board or manager, any eligible voter or any person 18 years or older
			 residing within the district may file a written complaint with the district
			 alleging a violation of these rules and regulations, the management program,
			 the groundwater management district act or the Kansas water appropriation act,
			 as amended. The written complaint shall be filed at the district office.
(b) Within 30 days following the
			 filing of the complaint, a representative of the district designated by the
			 board shall investigate the complaint. If the representative of the district
			 finds that a violation exists or did exist, the representative shall issue a
			 written directive to the violator to come into compliance with the applicable
			 rules and regulations, management program and laws, within a reasonable period
			 of time.
(c) If the violator fails
			 to comply with the directive of the representative within a reasonable period
			 of time as determined by the board, the district may:
(1) seek to enjoin the violator's use of
			 water by suitable action in district court until such time as the violator
			 complies;
(2) seek the assistance
			 of the chief engineer and attorney general of the state of Kansas to enjoin the
			 violator's use of water until such time as the violator complies; or
(3) pursue other courses of action in the
			 public interest.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-10 - Test holes and water quality analyses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except for
			 those types of applications described in K.A.R. 5-25-4(b), each applicant
			 proposing to divert groundwater for non-domestic use within the district shall
			 drill a test hole that shall meet the following requirements:
(1) Be drilled within 20 feet of the proposed
			 well to the bottom of the aquifer;
(2) be completed as an observation well
			 according to the following specifications:
(A) A casing made of schedule 80 PVC with a
			 minimum outside diameter of three inches shall be used;
(B) five feet of well screen shall be
			 installed at the base of the usable aquifer;
(C) the annular space shall be grouted with
			 neat cement from the top of the well screen to the land surface; and
(D) centralizers shall be placed on the
			 casing at intervals of not greater than 40 feet starting at the bottom of the
			 casing; and
(3) be
			 drilled under the supervision of the district.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-11 - Determination of well locations

Current through Register Vol. 43, No. 28, July 11, 2024
If a question arises as to where a well is located, the burden
				of proof shall remain upon the applicant to show the actual location of the
				well in question.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-12 - Approval of application for additional rate only

Current through Register Vol. 43, No. 28, July 11, 2024
Each application for a permit to appropriate water for
				beneficial use that requests only an increase in the authorized rate of
				diversion, and no net increase in maximum annual quantity, from a specific
				point of diversion already authorized by another water right or approval of
				application shall be exempt from meeting the requirements of
				K.A.R.
				5-25-4 if the application meets the
				requirements of
				K.A.R.
				5-4-5.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-13 - Term permits

Current through Register Vol. 43, No. 28, July 11, 2024
The approval of an application, or an extension of a term
				permit, for more than one year may be granted only if one of the following
				conditions is met:
(a) The term
			 permit authorizes the use of contaminated water. For the purpose of this
			 regulation, water containing chlorides in excess of 1,000 milligrams per liter
			 (mg/l) shall be considered to be contaminated. For other types of
			 contamination, the level of contamination at which an application may be
			 approved in accordance with this regulation shall be based on the best
			 information available.
(b) The
			 term permit authorizes the use of water for aquifer remediation.
(c) The term permit authorizes hydraulic
			 dredging.
(d) The applicant
			 demonstrates that approval of an extension of the expiration date of a term
			 permit for more than one year will neither impair a use under an existing water
			 right or approval of application nor prejudicially and unreasonably affect the
			 public interest.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-14 - Battery of wells

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 application for a change in point of diversion to convert one well to a battery
			 of wells, as defined in K.A.R. 5-1-1, shall not be considered for approval
			 unless all of the criteria in paragraph (a)(1), (2), or (3) below are met:
(1)
(A) The
			 proposed battery of wells meets the definition of a battery of wells as defined
			 in K.A.R. 5-1-1.
(B) The time to
			 construct the diversion works has not expired.
(C) The proposed rate of diversion does not
			 exceed the currently authorized rate of diversion.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-15 - Exemptions for up to 15 acre-feet of groundwater

Current through Register Vol. 43, No. 28, July 11, 2024
Except as specified in subsections (b) and (c), an application
				to appropriate groundwater for up to 15 acre-feet of water shall be approved if
				all of the conditions in subsection (a) are met.
(a)
(1) The
			 sum of the annual quantity of water requested by the new application and the
			 total annual quantities authorized by prior approvals of applications because
			 of an exemption pursuant to this regulation does not exceed 15 acre-feet in a
			 one-mile-radius circle surrounding the proposed point of diversion.
(2) The application meets the spacing
			 criteria set forth in K.A.R. 5-25-2 .
(3) The approval of an application will not
			 authorize an additional quantity of water from an existing non-domestic vested
			 right, permit, or water right that would result in a total combined annual
			 quantity of water authorized from the point of diversion in excess of 15
			 acre-feet.
(4) The applicant
			 demonstrates that approval of up to 15 acre-feet of water will not impair
			 existing water rights or permits to appropriate water for beneficial use and
			 will not prejudicially and unreasonably affect the public interest.
(5) All requirements of
			 K.S.A.
			 82a-709 and
			 K.S.A.
			 82a-711, and amendments thereto, and K.A.R.
			 5-3-1 and K.A.R. 5-3-1b for processing a new application to appropriate water
			 have been met.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-16 - Water quality analyses and observation wells in the Rattlesnake creek subbasin

Current through Register Vol. 43, No. 28, July 11, 2024
Groundwater rights that have points of diversion located in the
				Rattlesnake creek subbasin east and north of federal highways US-281 and US-50
				shall be subject to the following requirements:
(a) The water right owner, or the authorized
			 representative, shall test water samples to determine, as needed, whether the
			 water being pumped contains more than 300 milligrams of chlorides per liter.
			 The district may require the tests to be made at a frequency not to exceed once
			 in 365 days.
All water quality samples shall be taken in the presence of an
				authorized representative of the district, and one-half of the sample shall be
				given to the authorized representative of the district when the sample is
				taken. The owner shall have the water sample analyzed for chloride content by a
				laboratory certified by the Kansas department of health and environment. The
				applicant shall furnish the results of the water quality analysis to the
				district within 60 days after the date the sample was taken.
(b) If the analysis of the water sample taken
			 indicates that the chloride content exceeds 300 milligrams of chlorides per
			 liter, the owner shall be required, before any approval of a change in point of
			 diversion, to drill an observation well to bedrock in the manner specified in
			 K.A.R. 5-25-10(a).
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-17 - Voluntary reductions of water rights in the Rattlesnake creek subbasin

Current through Register Vol. 43, No. 28, July 11, 2024
Each water right owner in the Rattlesnake creek subbasin that
				agrees to meet, and does meet, all of the conditions specified in subsections
				(a) through (e) no later than March 31, 2004 on a water right for a center
				pivot irrigation system with a priority date on or before April 12, 1984 shall
				receive a credit toward any reduction required by alternative management
				actions implemented in accordance with the Rattlesnake creek basin management
				program accepted by the chief engineer on July 11, 2000. The amount of the
				credit shall be calculated by multiplying by 1.5 the total number of years that
				the water right has been voluntarily reduced in accordance with the terms of
				this regulation before any alternative actions are taken under this program
				times the quantity of water that was voluntarily reduced. Water right owners
				who have taken a reduction in their water right under this regulation shall
				have any further reduction through the Rattlesnake creek basin management
				program based on the authorized amount before a voluntary reduction is made
				under this regulation.
(a) The owner
			 permanently reduces the maximum number of acres actually irrigated in any one
			 calendar year during the period 1987 through 1996 by the number of acres
			 previously watered by the end gun and provides documentation to the chief
			 engineer of the number and location of the acres irrigated by the end gun
			 during the period 1987 through 1996.
(b) The owner removes the end gun from the
			 center pivot and certifies to the chief engineer what type of end gun has been
			 removed.
(c) The owner installs
			 pressure regulators on the center pivot to prevent the same rate of diversion
			 from being pumped after the end gun is removed as was pumped before the end gun
			 was removed and certifies to the chief engineer what pressure regulators have
			 been installed.
(d) The chief
			 engineer permanently reduces the authorized place of use of that water right by
			 the maximum number of acres actually irrigated in any one calendar year by the
			 end gun during the period 1987 through 1996.
(e) The chief engineer permanently reduces
			 the maximum annual quantity authorized by that water right by the quantity of
			 water that is calculated by multiplying the number of acres previously watered
			 by the end gun times the net irrigation requirements (NIR) for the 50 percent
			 chance rainfall for the county in which the point of diversion is located, as
			 set forth in K.A.R. 5-5-12.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-18 - Changes of well locations within the Rattlesnake creek basin

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application to change the location of a well within the Rattlesnake creek basin
			 by more than 2,640 feet may be approved by the chief engineer if all of the
			 following conditions are met:
(1) The source
			 of water supply for the currently authorized well and the proposed well is the
			 Rattlesnake creek basin as defined in K.A.R. 5-6-15.
(2) The currently authorized well is located
			 within the corridor or the number two priority decline area as defined in
			 figure two of the Rattlesnake creek management plan accepted by the chief
			 engineer on July 11, 2000.
(3) The
			 well will be moved to a location outside the corridor or the number two
			 priority decline area as defined in figure two of the Rattlesnake creek
			 management plan accepted by the chief engineer on July 11, 2000.
(4) The average saturated thickness in the
			 two-mile-radius circle in which the proposed well will be located is greater
			 than 40 feet as shown on the saturated thickness map adopted by reference in
			 K.A.R. 5-25-19.
(5) The water
			 level within the two-mile-radius circle surrounding the proposed well location
			 has not declined in excess of 20 feet of the predevelopment water level as
			 shown in Kansas geological survey bulletins numbered 65, 80, and 88.
(6) The change proposes the relocation of all
			 the water right or a divided water right.
(7) No other well has previously been
			 authorized by the chief engineer to be relocated within a one-mile radius of
			 the proposed well location under the provisions of this regulation, or the
			 applicant demonstrates that the proposed well will not impair existing water
			 rights.
(8) The water right that
			 is proposed to be changed is vested or certified.
(9) All other statutory and regulatory
			 requirements for approval of a change in point of diversion that do not
			 conflict with this regulation are met.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-19 - Saturated thickness map

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following electronic data files, all dated July 10, 2002 and prepared by the
			 district using data developed by the Kansas geological survey and the district,
			 are hereby adopted by reference by the chief engineer:
(1) Rattlesnake basin.dbf;
(2) Rattlesnake basin.sbn;
(3) Rattlesnake basin.sbx;
(4) Rattlesnake basin.shp;
(5) Rattlesnake basin.shx; and
(6) Wln.dbf.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-20 - Recommendations by the board

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following types of applications shall be submitted by the chief engineer to the
			 district for review and recommendation:
(1)
			 All applications to appropriate water for beneficial use, except for temporary
			 use and domestic use; and
(2) all
			 applications to change the point of diversion, place of use, the use made of
			 the water, or any combination thereof, except applications to move the point of
			 diversion less than 300 feet.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 25 - BIG BEND GROUNDWATER MANAGEMENT DISTRICT NO. 5 › Section 5-25-21 - Alternative method for calculating the amount of water deposited in a multiyear flex account

Current through Register Vol. 43, No. 28, July 11, 2024
Each water right owner within the boundaries of the district
				who is otherwise eligible to establish a multiyear flex account under
				K.S.A.
				82a-736, and amendments thereto, and the
				implementing regulations and who meets all of the requirements in subsection
				(b) shall be eligible to use the alternative calculation method in subsection
				(a) pursuant to
				K.S.A.
				82a-736(c)(1)(D) (iii), and
				amendments thereto, to determine the amount of water deposited in the multiyear
				flex account.
(a) The alternative
			 calculation method for the district shall be to compute 450 percent of the base
			 water right's certified appropriation. However, the amount of water deposited
			 in the multiyear flex account shall not exceed the greatest of the quantities
			 derived using the calculation methods specified in
			 K.S.A.
			 82a-736(c)(1)(D), and
			 amendments thereto.
(b) To be
			 eligible to use the alternative calculation method specified in subsection (a),
			 the following requirements shall be met and shall remain met throughout the
			 term of the period covered by the multiyear flex account permit:
(1) The owner shall meet all requirements and
			 conditions for eligibility and participation specified in
			 K.S.A.
			 82a-736, and amendments thereto, and the
			 implementing regulations, except as modified by this regulation.
(2) The owner's base water right shall be for
			 a center pivot irrigation system with a functional end gun.
(3) The owner shall remove the end gun from
			 the center pivot and cap the end.
(4) Before diverting any water under the
			 multiyear flex account, the owner shall certify to the chief engineer, on forms
			 supplied by the chief engineer, the following information:
(A) The location of the tract of land to be
			 covered by the multiyear flex account term permit;
(B) the length of each center pivot system
			 covered by the multiyear flex account term permit;
(C) the type of end gun removed and any other
			 information sufficient to enable the chief engineer to determine the number of
			 acres irrigated by the end gun; and
(D) the date of removal of the end
			 gun.
(5) The owner shall
			 maintain the center pivot without an end gun for the duration of the period
			 covered by the multiyear flex account term permit.
(6) The authorized place of use shall not be
			 increased during the term of the multiyear flex account permit.
(7) The authorized place of use shall be
			 located wholly within the boundaries of the district.