reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-22 - Maximum reasonable quantity of water for livestock and poultry

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following quantities shall be deemed the maximum quantity of water reasonable
			 for nondomestic livestock and poultry water use:
Livestock/poultry Drinking water (gallons per head per day)
				Additional quantities for servicing/flushing (gallons per head per day)
Cattle, beef 15 0 (open lot)
100 [confined building capacity (cbc)]
Cattle, dairy 35 100 (cbc)
Swine
finishing 5 15 (cbc)
nursery 1 4 (cbc)
sow and litter 8 35 (cbc)
gestating sow 6 25 (cbc)
Sheep 2 0 (open lot)
15 (cbc)
Horses 12 0 (open lot)
100 (cbc)
Poultry
chickens (100 layers) 9 200 (cbc)
turkeys (100) 30 400 (cbc)
(b) The maximum reasonable quantity of water
			 that may be approved for nondomestic livestock and poultry use for applications
			 approved on or after the effective date of this regulation shall be limited as
			 set forth in subsection (a) above. The quantities set forth in subsection (a)
			 may be exceeded only if the applicant demonstrates both of the following to the
			 chief engineer:
(1) The requested quantity is
			 reasonable for the intended use.
(2) This quantity is not wasteful and will
			 not otherwise prejudicially and unreasonably affect the public interest.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-23 - Maximum reasonable annual quantity ap-provable for irrigation use for an application for change in place of use and a request to reduce a water right; exceptions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as provided in subsections (c), (d), and (e), for water rights with a
			 priority date before September 22, 2000, the maximum reasonable annual quantity
			 of water that may be approved for either of the following shall be that
			 quantity of water reasonably necessary to irrigate crops in the region of the
			 state where the proposed place of use is located as specified in K.A.R.
			 5-3-19(a) :
(1) An application for change in
			 place of use for irrigation filed pursuant to
			 K.S.A.
			 82a-708b and amendments thereto; or
(2) a request to reduce the authorized place
			 of use for irrigation for a water right filed pursuant to K.A.R. 5-7-5
			 .
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-24 - Reasonable quantity for irrigation use

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture, division of water
				resources' map titled "reasonable quantities for irrigation use in Kansas, by
				county," dated October 21, 1999, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-25 - Conditions on permits and certificates

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All terms,
			 conditions, and limitations placed on an approval of application by the chief
			 engineer pursuant to the provisions of
			 K.S.A.
			 82a-712, and amendments thereto, shall remain
			 in full force and effect until expressly modified or removed by the chief
			 engineer.
(b) Unless the terms and
			 conditions are expressly modified or removed by the subsequent approval,
			 certification, or other order of the chief engineer, none of the following
			 shall modify or remove any of the terms, conditions, and limitations placed on
			 the original approval of applications or water right:
(1) The approval of an application to change
			 the place of use, the point of diversion, or the use made of water under the
			 authority of
			 K.S.A.
			 82a-708b and amendments thereto;
(2) the issuance of a certificate of
			 appropriation pursuant to
			 K.S.A.
			 82a-714 and amendments thereto; or
(3) the issuance of any other findings and
			 order relative to the approval of application or water right.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-26 - Closed townships in Pawnee and Buckner drainage basins in Pawnee, Hodgeman, Ness, and Finney counties

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 specified in subsection (c), the following townships in the Pawnee and Buckner
			 drainage basins shall be closed to new appropriations of water:
(1) T 20 S:
(A) R 19 W through R 26 W;
(B) R 18 W, section 7 and sections 17 through
			 36; and
(C) R 17 W, section 31;
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-27 - Equus Beds special groundwater quality area

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A special
			 groundwater quality area located within the boundaries of the Equus Beds
			 groundwater management district no. 2 shall be hereby established in the
			 following area consisting of approximately 36 square miles in northwest Harvey
			 County, south-central McPherson County, and northeast Reno County, Kansas:
(1) Sections 3 through 10, 15 through 22, and
			 27 through 34, of township 22 south, range 3 west, Harvey County;
(2) sections 31 through 34, township 21
			 south, range 3 west, and section 36, township 21 south, range 4 west, McPherson
			 County; and
(3) sections 1, 12,
			 13, 25, 26, and 36, township 22 south, range 4 west, Reno County, Kansas.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-28 - Lyons special groundwater quality area

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A special
			 groundwater quality area all in Rice County, Kansas, and partially located
			 within the boundaries of the Big Bend groundwater management district no. 5
			 shall be hereby established in the following described area consisting of
			 approximately 37 square miles in central Rice County, Kansas:
(1) Sections 33, 34, and 35 of township 19
			 south, range 8 west;
(2) sections
			 1-4, 9-16, 21-25, township 20 south, range 8 west;
(3) sections 7, 17-21, 27-34, township 20
			 south, range 7 west; and
(4)
			 sections 3-5, township 21 south, range 7 west.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 3 - APPROPRIATION RIGHTS › Section 5-3-29 - Ozark and Springfield plateau aquifers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 specified in subsections (b) and (c), the Ozark aquifer and the Springfield
			 plateau aquifer in the following townships in Cherokee, Crawford, Allen,
			 Bourbon, Neosho, and Labette counties in Kansas shall be closed to new
			 appropriations of water: ranges 20 east through 25 east and townships 26 south
			 through 35 south.
(b) The closure
			 of townships listed in subsection (a) to new appropriations of water shall not
			 apply to the following types of wells:
(1)
			 Wells for domestic use;
(2) wells
			 authorized by temporary permits;
(3) wells meeting the requirements of K.A.R.
			 5-3-16a; and
(4) wells meeting
			 both of the following conditions:
(A) Are
			 authorized by a term permit of five or fewer years, which can be extended by
			 the chief engineer not beyond December 31, 2010, and over which the chief
			 engineer retains jurisdiction to dismiss or amend if necessary to prevent
			 impairment of the water quantity, rate, or quality or to otherwise protect the
			 public interest; and
(B) are used
			 as an alternate source of water supply that is actively being planned,
			 financed, and constructed and that will be available no later than December 31,
			 2010.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 4 - DISTRIBUTION OF WATER BETWEEN USERS › Section 5-4-1a - Distribution of water between users when a prior right is being impaired due to a regional lowering of the water table

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When a complaint is received that a prior
			 right to the use of water is being impaired, the procedure specified in K.A.R.
			 5-4-1 shall be followed until the determination is made that the impairment is
			 caused substantially by a regional lowering of the water table.
(b)
(1) If
			 the area of complaint is located within the boundaries of a groundwater
			 management district (GMD), the GMD board shall recommend the steps necessary to
			 satisfy senior water rights. Recommendations may include following the GMD
			 management program, amending the GMD management program, or pursuing any other
			 means to satisfy senior water rights. The GMD board shall submit its
			 recommendations to the chief engineer within six months of the determination
			 that the impairment is caused substantially by a regional lowering of the water
			 table or within a longer time if approved by the chief engineer.
(2) The GMD board shall publish notice of its
			 recommendations once in a newspaper of general circulation in the county where
			 the impairment is occurring.
(3)
			 The chief engineer shall determine the appropriate course of action to satisfy
			 senior water rights. To that end, the chief engineer shall consider the GMD's
			 timely recommendations and may conduct a study similar to that described in
			 paragraph (c)(1).
(4) The chief
			 engineer shall publish notice of the course of action once in a newspaper of
			 general circulation in the county where the impairment is occurring.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 4 - DISTRIBUTION OF WATER BETWEEN USERS › Section 5-4-2 - Protection of releases from storage under low-flow conditions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) As used only
			 in this regulation, the following terms shall have the meanings specified in
			 this subsection:
(1) "Low-flow conditions"
			 shall mean that the natural flow below a reservoir is not sufficient to satisfy
			 the demand for water use below the reservoir by known domestic water rights and
			 by permits and water rights of record in the office of the chief engineer.
(2) "Natural flow" shall mean
			 water that is flowing in a river or stream, except water that is entitled to be
			 protected from diversion.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 4 - DISTRIBUTION OF WATER BETWEEN USERS › Section 5-4-4 - Well spacing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The spacing
			 between wells shall be sufficient to prevent direct impairment between wells
			 located in a common source of supply or hydraulically connected sources of
			 supply and to protect the public interest. Except as set forth in subsection
			 (b), the following guidelines shall be used to determine the spacing required
			 between wells permitted by the chief engineer in a common source of supply,
			 unless it is determined by the chief engineer in any specific instance that the
			 spacing guidelines set forth in this regulation are insufficient to prevent
			 direct impairment or are not necessary to prevent direct impairment.
(b) Whenever an applicant proposes to divert
			 water from a source of supply in a location where there is a significant
			 hydraulic connection between the proposed source of supply and another source
			 or sources of supply, the chief engineer shall determine the spacing necessary
			 to prevent impairment and to protect the public interest on a case by case
			 basis.
(c) Except as set forth in
			 subsection (e) below, each well that is described in an application for a
			 permit to appropriate water for beneficial use or for a term permit, excluding
			 any domestic or temporary well, shall meet the minimum spacing requirements set
			 out in paragraphs (1) and (2) below.
(1) The
			 minimum distance from the well which is the subject of the application to all
			 other senior authorized non-domestic and non-temporary wells in the same
			 aquifer or a hydraulically connected aquifer shall be:
(A) four miles between wells whose common
			 source of supply is the confined Dakota aquifer system;
(B) one-half mile between wells whose common
			 source of supply is the unconfined Dakota aquifer system; and
(C) 1320 feet for wells whose common source
			 of supply is any other aquifer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 4 - DISTRIBUTION OF WATER BETWEEN USERS › Section 5-4-5 - Approval of application for additional rate only

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 set forth in subsection (c), an 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 complying with any safe yield, allowable
			 appropriation, or similar type of criteria adopted by the chief engineer if
			 both of the following conditions are met:
(1)
			 The application requests only an increase in the authorized maximum rate of
			 diversion of 15 percent or less.
(2) There has been no significant physical
			 enlargement of the capacity of the original diversion works to divert water. If
			 a well has been replaced, reconstructed, and reequipped in accordance with an
			 approval of an application for change by the chief engineer pursuant to
			 K.S.A
			 82a-708b and amendments thereto in
			 substantially the same way that the original diversion works were constructed,
			 that type of well shall not be considered to be a significant physical
			 enlargement of the diversion works. Conversion to a battery of wells or adding
			 an additional well shall be considered to be a significant physical enlargement
			 of the capacity of the diversion works.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 4 - DISTRIBUTION OF WATER BETWEEN USERS › Section 5-4-8 - Custodial care of the state

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For any
			 groundwater or surface water right placed in the custodial care of the state,
			 the following criteria shall be met by the chief engineer:
(1) Not reappropriate the water authorized to
			 be diverted by a water right in the custodial care of the state;
(2) continue to include the priority, terms,
			 limitations, authorized rate and quantity, and other conditions of the water
			 right in any analysis or action conducted for the permitting, management,
			 regulation, or administration of other water rights or applications to
			 appropriate water;
(3) not declare
			 the water right abandoned for the nonuse of water. Placement of the water right
			 in the custodial care of the state shall be deemed to be due and sufficient
			 cause for nonuse of a water right pursuant to
			 K.S.A.
			 82a-718 and amendments thereto; and
(4) not dismiss the water right,
			 unless the chief engineer determines that the geographic area in which the
			 water right is located no longer meets the requirements of
			 K.S.A.
			 2-1919(2), and amendments
			 thereto, and reopens the area to new appropriations of water.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-1 - Filing an application for change

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 application for approval to change the place of use, the point of diversion,
			 the use made of water, or combinations thereof, filed pursuant to
			 K.S.A.
			 82a-708b and amendments thereto, shall be
			 made on a form prescribed by the chief engineer and shall include whatever
			 information is required by the chief engineer to properly understand the
			 proposed change in the place of use, the point of diversion, the use made of
			 water, or any combination of these.
(b) Before the application may be accepted
			 for filing, the application shall be signed by at least one owner of the water
			 right, or a duly authorized agent of an owner.
(c) Except as set forth in subsection (e),
			 before any approval of an application can be granted, all of the water right
			 owners, including their spouses, or a duly authorized agent of the owners of
			 the water right, shall verify upon oath or affirmation that the statements
			 contained in the application are true and complete.
(d) If one or more owners refuse to sign the
			 application, or a written request is filed by one or more owners to withdraw
			 their signatures from the application before the application is approved, the
			 application shall be dismissed.
(e)
(1) An
			 application to change the location of a groundwater point of diversion that
			 proposes to do only the following shall be signed by at least one owner of the
			 approval of application or water right, or the duly authorized agent, who
			 verifies upon oath or affirmation all of the items specified below in paragraph
			 (e)(2):
(A) Move the location of the well 300
			 or fewer feet; and
(B) have the
			 new well located on land owned by all the same owners as the owners of the
			 original point of diversion.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-2a - Complete change application

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 application to change a water right pursuant to
			 K.S.A.
			 82a-708b, and amendments thereto, shall be
			 considered to be a "complete application," if the application completely and
			 accurately meets all of the requirements specified in this regulation and the
			 following criteria:
(1) The requirements
			 specified in
			 K.S.A.
			 82a-708b, and amendments thereto;
(2) any water conservation plans required by
			 the chief engineer pursuant to
			 K.S.A.
			 82a-733, and amendments thereto;
(3) the requirements specified in K.A.R.
			 5-5-1;
(4) the requirements
			 specified in K.A.R. 5-5-5;
(5) the
			 requirements specified in K.A.R. 5-3-4d;
(6) a demonstration that the proposed point
			 of diversion meets all applicable well spacing criteria; and
(7) the requirements of
			 K.S.A.
			 82a-301 through
			 K.S.A.
			 82a-305a, and amendments thereto, if the
			 proposed point of diversion, or rediversion, is a dam or stream obstruction.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-3 - Change in consumptive use

Current through Register Vol. 43, No. 28, July 11, 2024
The extent of consumptive use shall not be increased
				substantially after a vested right has been determined or the time allowed in
				which to perfect the water right has expired, including any authorized
				extension of time to perfect the water right.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-5 - Signatures required on change applications

Current through Register Vol. 43, No. 28, July 11, 2024
If more than one person is the owner of a water right, and an
				application is filed for a change in the place of use, point of diversion, use
				made of the water, or any combination thereof, only the signature(s) of the
				landowner(s) whose portion of the water right(s) is (are) involved in the
				change shall be required on the application. If the extent of each owners
				interest in the water right has not been legally determined, then all
				landowners holding an undetermined portion of the water right must sign the
				change application or the landowners must submit an agreement signed by all
				landowners agreeing how the water right should be divided.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-6 - Failure to construct diversion works at authorized location

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an
			 application to appropriate water for beneficial use is approved by the chief
			 engineer, the location of the point of diversion shall be limited to a specific
			 tract of land and to within 300 feet of a point identified in distances
			 measured in feet north and west from the southeast corner of the legal section.
(b) If the diversion works were
			 not constructed at the location authorized for the point of diversion, but the
			 appropriator can demonstrate to the satisfaction of the chief engineer that all
			 of the following criteria have been met, the authorized location shall be
			 corrected to the actual location of the point of diversion by a correctional
			 order issued by the chief engineer:
(1) The
			 original application was filed before January 1, 1978.
(2) The diversion works were constructed
			 before the date the original application to appropriate water was signed.
(3) It was not discovered that the
			 actual diversion works were not constructed at the authorized point of
			 diversion until after the application was approved.
(4) The diversion works were constructed at a
			 location that could have been approved at the time the original application was
			 filed based on the criteria in effect at the time the original application was
			 filed.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-6c - Authorized point of diversion or place of use

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a point
			 of diversion or place of use meets the following conditions, the authorized
			 location shall be administratively corrected by the chief engineer to the more
			 accurate location and the owner notified of this action:
(1) Has been determined by the chief engineer
			 to be located at the authorized location by a vested right determination, a
			 certificate of appropriation, or other similar action or approval by the chief
			 engineer;
(2) has not been
			 physically moved or expanded since the location was certified or otherwise
			 approved by the chief engineer; and
(3) is determined by the chief engineer to be
			 incorrect based on a more accurate survey, a global positioning system
			 determination, or other reliable means.
No enforcement action shall be taken against the owner of the
				water right solely because the location was determined to be at an unauthorized
				location with the use of better technology than was previously available.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-7 - Waste of water

Current through Register Vol. 43, No. 28, July 11, 2024
Each person shall not commit a waste of water as defined in
				these regulations. Upon a finding by the chief engineer that waste of water has
				occurred, the chief engineer may suspend use of that water right until the
				owner shows to the satisfaction of the chief engineer that the waste of water
				will no longer occur.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-8 - Standards for approval of an application for a change in the place of use and a change in the use made of water

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application for a change in the place of use or the use made of water which
			 will materially injure or adversely affect water rights or permits to
			 appropriate water with priorities senior to the date the application for change
			 is filed shall not be approved by the chief engineer.
(b) Each approval of a change application
			 shall be conditioned by the chief engineer with the terms, conditions and
			 limitations the chief engineer deems necessary to protect the public interest
			 and enforce the terms of K.A.R. 5-5-3.
(c) As used in K.A.R. 5-5-3, "consumptive
			 use" means gross diversions minus:
(1) waste
			 of water, as defined in K.A.R. 5-1-1(cc); and
(2) return flows to the source of water
			 supply:
(A) through surface water runoff
			 which is not waste; and
(B) by
			 deep percolation.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-9 - Approval of application for a change in the use made of water from irrigation to any other type of beneficial use of water

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The approval of a change in the use made
			 of water from irrigation to any other type of beneficial use of water shall not
			 be approved if the change will cause the net consumptive use from the local
			 source of water supply to be greater than the net consumptive use from the same
			 local source of water supply by the original irrigation use based on the
			 following requirements:
(1) The maximum
			 annual quantity of water to be allowed by the approved change shall be the
			 authorized quantity of the water right multiplied by the consumptive use
			 percentage specified for the county within which the change is approved, as
			 shown on the department's map titled "consumptive use percentages in Kansas, by
			 county," dated August 3, 2017 and hereby adopted by reference.
(2) In determining whether the net
			 consumptive use of water will be increased by the proposed change in the use
			 made of water, the applicant shall be given credit by the chief engineer for
			 any return flows from the proposed type of beneficial use of water that will
			 return to the same local source of supply as the return flows from the
			 originally authorized type of beneficial use of water, as substantiated by the
			 applicant to the satisfaction of the chief engineer by an engineering report or
			 similar type of hydrologic analysis.
(3) The authorized quantity to be changed to
			 the new type of beneficial use of water shall never exceed the maximum annual
			 quantity authorized by the water right.
(4) If a water right that overlaps the
			 authorized place of use of one or more other water rights, either in whole or
			 in part, is being changed to a different type of beneficial use of water, the
			 total net consumptive use of all water rights after the change is approved
			 shall not exceed the total net consumptive use of all of the rights before the
			 change is approved.
(5) The
			 approval for a change in the use made of water shall also be limited by that
			 quantity reasonable for the use proposed by the change in the use made of water
			 in order to prevent waste pursuant to
			 K.A.R.
			 5-1-1.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-10 - Partial changes in the use made of water from irrigation to another type of beneficial use of water

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If
			 an irrigation right is to be divided and only a portion of the rate and
			 quantity will be changed to a different beneficial use of water, only that
			 portion of the annual quantity of the water right being changed to a different
			 type of beneficial use of water shall be reduced as necessary to prevent the
			 net consumptive use from increasing.
(b) The authorized place of use for the
			 irrigation right may be reduced in proportion to the reduction in annual
			 quantity caused by the change. If the irrigator wants to retain more than that
			 person's proportional allotment of acres after the change, the procedures
			 specified in
			 K.A.R.
			 5-5-11(b)(2)(B)(ii) shall be
			 followed to determine whether the irrigator shall be allowed to retain more
			 acreage.
(c) The authorized rate of
			 diversion shall be divided between the irrigation use and the non-irrigation
			 use. Each reasonable division of the rate by the parties shall be approved. A
			 reasonable division of the rate shall be based on the actual rate of withdrawal
			 at the time of the application and the existing physical conditions of the
			 water source at the time of the application. The division of the maximum rate
			 of diversion shall not be required to be proportional to the division of the
			 quantity if the division of the rate of diversion is reasonable to divert each
			 portion of the annual quantity of water after the division of the water right
			 is made.
(d) The division of the
			 annual quantity shall be calculated as follows:
(1) Calculate the maximum quantity that could
			 be changed to another type of beneficial use of water if the entire water right
			 were changed pursuant to
			 K.A.R.
			 5-5-9(a)(1).
(2) Divide the annual quantity sought to be
			 changed to the new benefidal use of water by the maximum quantity that could be
			 changed if the entire water right were changed.
The result shall be the percentage of the entire reduced water
				right that will be changed to the new beneficial use of water. The remaining
				percentage of the current water right may be retained by the irrigation water
				right owner.
(3) Multiply
			 the remaining percentage times the total currently authorized quantity. The
			 result shall be the annual quantity of water that may be retained by the
			 irrigation water right owner.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-11 - Applications for change in place of use for irrigation purposes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the
			 purpose of this regulation, "base acreage" means:
(1) the maximum number of acres actually
			 legally irrigated in any one calendar year on or before December 31, 1994 if
			 the perfection period expired on or before December 31, 1994 or the water right
			 is a vested right; or
(2) if the
			 perfection period expires after December 31, 1994, and the perfection period
			 has not expired at the time the change application has been filed, the base
			 acreage shall be the number of acres authorized by the permit; or
(3) if the perfection period expires after
			 December 31, 1994, and the perfection period has expired at the time the change
			 application was filed, the base acreage shall be the maximum acreage legally
			 irrigated in any one calendar year during the perfection period.
(4) Any year in which any of the terms,
			 conditions and limitations of the water right or permit were violated shall not
			 be used to determine base acreage.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-13 - Relocation of alluvial wells

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an
			 authorized point of diversion is a well that has as its source of supply an
			 alluvium in a reach of a basin that is fully appropriated or closed to new
			 appropriations, the approval of a change in point of diversion, and any
			 subsequent approvals of changes in points of diversion, shall not authorize the
			 distance between the well and the centerline of the stream to be decreased by
			 more than 10 percent as measured from the following:
(1) The authorized well location when the
			 basin became fully appropriated or was closed to new appropriations; and
(2) the centerline of the stream
			 when the change application was filed.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 5 - CHANGE IN THE PLACE OF USE, THE POINT OF DIVERSION OR THE USE MADE OF WATER UNDER AN EXISTING WATER RIGHT › Section 5-5-14 - Duties of owners of approvals of applications and water rights

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All of the
			 owners of an approval of application or a water right shall be responsible for
			 taking all legally required actions necessary to maintain the validity of the
			 approval of application or water right, including the filing of statutorily
			 required fees, reports, and applications.
(b)
(1)
			 Unless the approval of application or the water right has been severed from the
			 authorized place of use and unless the requirements specified in either
			 paragraph (b)(2) or (b)(3) have been met, all of the owners of the authorized
			 place of use shall be considered to be the owners of the approval of
			 application or the water right.
(2) Unless the chief engineer has
			 documentation to the contrary, an approval of application or water right for
			 municipal use shall be considered to be owned by the entity owning and
			 operating the water distribution system. A water right for an irrigation
			 district shall be considered to be owned by the irrigation district.
(3) Unless the chief engineer has
			 documentation to the contrary, an approval of application or water right that
			 authorizes water to be used for either of the following shall be considered to
			 be owned by the watershed district:
(A)
			 Sediment control in a reservoir; or
(B) recreation in a reservoir constructed,
			 maintained, and operated by a watershed district.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-1 - Application proposing storage, contents

Current through Register Vol. 43, No. 28, July 11, 2024
Any person intending to store water may make application to the
				chief engineer in the same manner as any other person making application for
				permit to appropriate water for beneficial use. The application shall set forth
				the same general information as any other application for permit to appropriate
				water for beneficial use and, in addition, shall be accompanied by information
				to show:
(a) The area-capacity data
			 of the reservoir in which the water is to be stored.
(b) The drainage area.
(c) The names and mailing addresses of the
			 owners of lands that will be inundated by water accumulated in the reservoir.
(d) Any additional information as
			 may be required by the chief engineer for a proper understanding of the
			 proposed appropriation and storage of water.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-2 - Storage of water in watershed district reservoirs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person
			 filing an application for a permit to appropriate water for beneficial use and
			 proposing to store the water in a watershed district reservoir shall submit one
			 of the following with the application:
(1) A
			 copy of an agreement or letter from the board of directors of the watershed
			 district that states it was mutually agreed and understood at the time an
			 easement was granted by the landowner that the landowner was to have the use of
			 space in the sediment pool to store water to which the landowner is entitled
			 under the water appropriation act; or
(2) a copy of a resolution by the board of
			 directors that shows when the board allocated or gave to the applicant the use
			 of all, or a specified part of, the sediment pool for the storage of water in
			 accordance with the Kansas water appropriation act.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-3 - Potential net evaporation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The Kansas
			 department of agriculture, division of water resources' map titled "potential
			 net evaporation, in inches, for Kansas," dated September 6, 1996, is hereby
			 adopted by reference for the purpose of determining potential net evaporation
			 from a free water surface.
(b) The
			 values on the map shall be used in all situations in which determination of
			 potential net evaporation from a free water surface is necessary, including the
			 following:
(1) Calculating the maximum annual
			 quantity of water allowed to be appropriated for the storage of surface water
			 in a reservoir;
(2) computing the
			 annual amount of evaporation that will be caused by exposing the groundwater
			 table;
(3) calculating the
			 quantity of evaporation from surface water or exposed groundwater that will be
			 used to determine annual water use; and
(4) determining the maximum annual quantity
			 of water that is perfected pursuant to
			 K.S.A.
			 82a-714 and amendments thereto.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-4 - Determination of potential annual runoff

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Unless the
			 applicant for an approval of application supplies, or the chief engineer has
			 available, better or more site-specific data, the potential annual runoff shall
			 be determined using the following:
(1) A 20
			 percent chance of occurrence of runoff by extrapolating from the "annual yield
			 of runoff" graph of the United States department of agriculture, natural
			 resources conservation service, national engineering handbook series, part 650,
			 engineering field handbook, EFM notice KS-38, dated December 12, 1991, which is
			 adopted by reference;
(2) the soil
			 cover complex number of the drainage basin, using the "generalized soil cover
			 complex number" map of Kansas produced by the Kansas department of agriculture,
			 division of water resources, dated August 1999, which is hereby adopted by
			 reference;
(3) the normal annual
			 precipitation in the watershed as set forth in K.A.R. 5-6-12; and
(4) the area of the watershed of the
			 reservoir determined by using a United States geological survey 7 1/2-minute
			 topographic map.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-5 - Maximum reasonable annual quantity for storage of water for beneficial use in a reservoir

Current through Register Vol. 43, No. 28, July 11, 2024
The maximum reasonable annual quantity of water that may be
				authorized for appropriation by the chief engineer for diversion and storage in
				a reservoir shall be limited to the lesser of either of the following:
(a) The potential annual runoff as determined
			 pursuant to K.A.R. 5-6-4; or
(b)
			 one of the following:
(1)
(A) A three-year supply of water to be
			 rediverted for all authorized beneficial uses; and
(B) a three-year supply of water for indirect
			 use; or
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-6 - Initial filling and refilling of a reservoir

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The initial
			 filling of a reservoir that has a capacity that exceeds the maximum annual
			 quantity of water authorized shall be authorized by a special condition on the
			 approval of applica-tion.
(b) Each
			 refilling of a reservoir after the release of water for maintenance or similar
			 reasons shall be required to be authorized by a term permit if the reservoir
			 capacity exceeds the maximum annual quantity authorized.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-7 - Determination of average annual potential net evaporation loss

Current through Register Vol. 43, No. 28, July 11, 2024
The average annual potential net evaporation loss shall be
				determined by multiplying the surface area of the reservoir at the top of the
				reservoir capacity times the value for average annual potential net
				evaporation, as set forth in
				K.A.R.
				5-6-3, for the township in which the point of
				diversion is located.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-8 - Determination of average annual seepage loss from a reservoir

Current through Register Vol. 43, No. 28, July 11, 2024
Average annual seepage loss from a reservoir shall be
				determined by the chief engineer based on relevant, credible information
				furnished by the applicant. If no relevant, credible information is supplied by
				the applicant, it shall be assumed by the chief engineer that there is no
				seepage loss.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-9 - Administration of surface water stored in a reservoir

Current through Register Vol. 43, No. 28, July 11, 2024
Water lawfully stored within any reservoir authorized to store
				water for subsequent beneficial use shall not be subject to administration
				unless senior water right holders downstream of the reservoir make an
				appropriate request to have water bypassed to satisfy their senior water right
				within two weeks of the runoff event, or any other time frame in which inflow
				to the reservoir could reasonably have been expected to be available to the
				downstream senior water right if the reservoir had not impounded the water.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-10 - Authorized place of use for stored surface water

Current through Register Vol. 43, No. 28, July 11, 2024
The approval of application shall limit the authorized place of
				use to the actual location where the water will be put to beneficial use. If
				the authorized use is for recreational use within the reservoir only, the
				authorized place of use shall not exceed the size and location of the surface
				area of the reservoir at the elevation of the top of the principal spillway.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-11 - Reasonable rate of diversion for storage of surface water in a reservoir

Current through Register Vol. 43, No. 28, July 11, 2024
Each approval of application shall limit the rate of diversion
				for storage of surface water in a reservoir to all natural flows not necessary
				to satisfy all of the following:
(a)
			 Senior water rights;
(b) senior
			 approvals of applications;
(c)
			 senior water reservation rights; and
(d) senior minimum desirable stream flows
			 pertaining to the use of water from the same source of water supply.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-12 - Average annual precipitation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The Kansas
			 department of agriculture, division of water resources' map titled "normal
			 annual precipitation, by township, 1961-1990," dated September 29, 1999, is
			 hereby adopted by reference for the purpose of determining average annual
			 precipitation.
(b) The data on the
			 map shall be used in all situations in which the determination of average
			 annual precipitation is necessary, including calculating the maximum annual
			 quantity of water allowed to be appropriated for the storage of surface water
			 in a reservoir.
(c) The values
			 shown on the map shall be used unless the applicant provides, or the chief
			 engineer has available, better or more site-specific data concerning average
			 annual precipitation.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-13 - Water level measurement tube specifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The Kansas
			 department of agriculture, division of water resources' document titled
			 "specifications for water level measurement tube," dated November 5, 1999, is
			 hereby adopted by reference.
(b)
			 If a water level measurement tube is required by the chief engineer to be
			 installed, the required water level measurement tube shall be installed in
			 accordance with the specifications for water level measurement tubes adopted by
			 the chief engineer. These requirements are in addition to those made by the
			 Kansas department of health and environment pursuant to the groundwater
			 exploration and protection act,
			 K.S.A.
			 82a-1201 et seq., and amendments thereto.
(c) As long as the well is
			 permitted, the water level measurement tube shall be maintained in a
			 satisfactory condition.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-13a - Check valve specifications

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture, division of water
				resources' document titled "check valve specifications," dated March 14, 2003,
				is hereby adopted by reference.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-14 - Irrigation with effluent from a confined feeding facility lagoon

Current through Register Vol. 43, No. 28, July 11, 2024
An individual who irrigates with effluent pumped from a
				confined feeding facility lagoon or runoff retention pit shall not be required
				to have an approval of application pursuant to
				K.S.A.
				82a-701 et seq. and amendments thereto,
				unless there are more than 15 acre-feet of average annual runoff meeting the
				following criteria:
(1) Is generated
			 from outside of the confined feeding facility;
(2) is impounded in the lagoon or runoff
			 retention pit; and
(3) is used for
			 irrigation purposes.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 6 - STORAGE OF WATER › Section 5-6-15 - Drainage basin boundaries

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following electronic data files, all dated February 14, 2002, prepared by the
			 division of water resources, Kansas department of agriculture, using data
			 developed by the United States geological survey and the natural resource
			 conservation service, are hereby adopted by reference by the chief engineer for
			 the purpose of defining the boundaries of the 62 drainage basins in Kansas:
Abandonment and Termination
(1) dwrbasins.dbf;
(2) dwrbasins.sbn;
(3) dwrbasins.sbx;
(4) dwrbasins.shp; and
(5) dwrbasins.shx.