Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 4 - DISTRIBUTION OF WATER BETWEEN USERS › Section 5-4-1 - Distribution of water between users when a prior right is being impaired

Current through Register Vol. 43, No. 28, July 11, 2024
In responding to a complaint that a prior water right is being
				impaired, the following procedure shall be followed:
(a) Complaint. The complaint shall be
			 submitted in writing to the chief engineer or that person's authorized
			 representative. The chief engineer shall take no action until the written
			 complaint is submitted and, for non-domestic groundwater rights, the
			 information specified in paragraph (b)(2) is provided.
(b) Investigation. The chief engineer shall
			 investigate the physical conditions involved, according to the water rights
			 involved in the complaint.
(1) If the water
			 right is domestic, the chief engineer may require the complainant to provide a
			 written report similar to that described in paragraph (b)(2).
(2) If the water right claimed to be impaired
			 is not a domestic right and its source of water is groundwater, the complainant
			 shall provide to the chief engineer a written report completed within 180 days
			 preceding the date of the complaint. Within 30 days of the complainant's
			 request, the chief engineer shall provide the complainant with data from the
			 division of water resources that is relevant to preparation of the required
			 report. The complainant's report shall meet the following requirements:
(A) Be prepared by a licensed well driller, a
			 professional engineer, or a licensed geologist;
(B) describe the construction and the
			 components ofthe well;
(C) provide
			 data to show the extent to which the well has fully penetrated the productive
			 portions of the aquifer with water of acceptable quality for the authorized
			 use; and
(D) provide testing and
			 inspection data to show the extent to which the pump and power unit are in good
			 working condition to make full use of the available aquifer.
(3) In assessing the complainant's
			 written report, the chief engineer may use all relevant data, including
			 historical data from water well completion records, Kansas geological survey
			 bulletins, and other data in the water right files.
(4) If the area of complaint is located
			 within the boundaries of a groundwater management district (GMD), the chief
			 engineer shall notify the GMD of the complaint before initiating the
			 investigation and shall give the board of directors of the GMD the opportunity
			 to assist with the investigation.
(5) If the source of water is groundwater,
			 the chief engineer may require hydrologic testing to determine hy-drological
			 characteristics as part of the investigation. The chief engineer shall provide
			 notice to water right owners in a geographic area sufficient to conduct the
			 hydrologic testing and to determine who could be affected by the actions made
			 necessary by the results of the investigation. These water right owners shall
			 be known as the potentially affected parties. As part of the investigation, the
			 chief engineer may require access to points of diversion or observation wells
			 and may require the installation of observation wells.
(6) Data acquired during the investigation
			 shall be provided to the complainant and any other persons notified for review
			 and comment at their request as the investigation proceeds.