Kansas Administrative Code

Designation of noxious weeds. (a) Pursuant to K.S.A. 2-1314 and amendments thereto, the weeds designated noxious by the sec- retary shall be placed in the following categories: (1) Category A noxious weeds, which are weed species that are generally not found in the state or that …

Official control plans. (a) Each offi- cial control plan adopted by the secretary shall be based on the most current available science and shall include, if applicable, biological, chemical, cultural, and mechanical methods of control. (b) A control method adopted by the secretar…

Annual report. Each annual weed eradication progress report that a weed supervi- sor submits to the secretary pursuant to K.S.A. 2-1316, and amendments thereto, shall include, at a minimum, the following: (a) The approximate acreage of land, including roadside areas, currently in…

Management plan. Each county, city, township, or district weed supervisor, with the aid of that county, city, township, or district weed supervisor’s board of county commissioners or city or township board, shall submit a manage- ment plan to the secretary no later than March 15 …

Contents of notices and state- ments. Each notice or statement given to the owner, operator, or supervising agent of any noxious weed-infested land pursuant to K.S.A. 2-1331, and amendments thereto, shall include, at a minimum, the following: (a) The legal description of the noxi…

(Authorized by K.S.A. 2-1315; effective Jan. 1, 1966; amended, E-67-3, April 24, 1967; amended Jan. 1, 1968; amended Jan. 1, 1972; amended, E-77-19, May 1, 1976; amended Feb. 15, 1977; revoked May 1, 1982.)

(Authorized by K.S.A. 1971 Supp. 2-1315; effective Jan. 1, 1966; amended, E-67-3, April 24, 1967; amended Jan. 1, 1968; amended Jan. 1, 1972; revoked May 1, 1982.)

(Authorized by K.S.A. 1971 Supp. 2-1315; effective Jan. 1, 1966; amended Jan. 1, 1972; amended, E-77-19, May 1, 1976; amended Feb. 15, 1977; revoked May 1, 1982.)

Definitions. As used in these regula- tions and the Kansas water appropriation act and by the division of water resources in the adminis- tration of the Kansas water appropriation act, un- less the context clearly requires otherwise, each of the following terms shall have the mea…

Duties of water right owner when a water flowmeter is out of compliance. (a) A water right owner, or the water right owner’s au- thorized designee, shall promptly notify the chief engineer if any water flowmeter required by the chief engineer is out of compliance. (b) Within 30 d…

Water flowmeter testing by a non- agency person. If a water right owner desires to have a water flowmeter flow rate test done by a nonagency person for any reason, a person may be approved by the chief engineer to perform a wa- ter flowmeter flow rate test if the person demon- st…

List of water flowmeters certi- fied by the manufacturer to meet the spec- ifications of the chief engineer. (a) A list of all makes and models of water flowmeters that have been certified by the water flowmeter manufac- turer to meet the specifications of the chief en- gineer sh…

Standby well. In order for a well to qualify as a standby well, all of the following re- quirements shall be met: (a) The well shall be maintained in operable condition and be capable of being hooked to a power source within a rea- sonable amount of time to allow the well to func…

Permitting requirements of the Kansas water appropriation act. An individual engaged in the drilling of water well test holes, seismic test holes, stratigraphic test holes, obser- vation wells, and water quality sampling wells, shall not be required to have an approval of appli- …

Water flowmeter specifications. (a) Each water flowmeter required by the chief engi- neer, or required pursuant to a regulation adopt- ed by the chief engineer, on or after the effective date of this regulation shall meet the following minimum requirements: (1)(A) The water flowm…

Variances from water flowmeter specifications. (a) A variance from the chief en- gineer’s water flowmeter specifications may be granted by the chief engineer if the water right owner furnishes detailed specifications of a pro- posed water flowmeter and demonstrates to the chief e…

Water flowmeter installation spec- ifications. (a) Each water flowmeter required by the chief engineer to be installed or required pursuant to a regulation adopted by the chief en- gineer, on or after the effective date of these reg- ulations shall meet the following minimum wate…

Requirement to install a water flowmeter or other suitable water-measuring device. (a) All nondomestic, nontemporary wells and pump sites operated under the authority of an approval of application issued on or after the effec- tive date of this regulation shall be equipped with a…

Water flowmeter maintenance. If a water right owner is required by the chief engi- neer to install a water flowmeter, the water right owner shall maintain the water flowmeter in com- pliance, as defined by K.A.R. 5-1-1, whenever 286 DEPT. OF AGRICULTURE—DIVISION OF WATER RESOURCE…

Criteria to determine when a wa- ter flowmeter is out of compliance. (a) A water flowmeter shall be considered to be out of compli- ance if any of the following criteria is met: (1) The water flowmeter registers less than 94 percent or more than 106 percent of the actual volume o…

(Authorized by K.S.A. 82a-706a, K.S.A. 1982 Supp. 82a-708a; implementing K.S.A. 1982 Supp. 82a-708a; effective, T-83-25, Sept. 1, 1982; effective May 1, 1983; revoked May 1, 1988.)

(Authorized by K.S.A. 82a-706a, K.S.A. 1982 Supp. 82a-708a; implementing K.S.A. 1982 Supp. 82a-708a; effective, T-83-25, Sept. 1, 1982; effective May 1, 1983; revoked May 1, 1988.)

(Authorized by K.S.A. 82a-706a, K.S.A. 1982 Supp. 82a-708b; implementing K.S.A. 1982 Supp. 82a-708b; effective, T-83-25, Sept. 1, 1982; effective May 1, 1983; revoked May 1, 1988.)

Waiver or exemptions. The chief engineer may grant an exemption or waiver from any regulation adopted by the chief engineer if it is shown that the granting of such exemption or waiver will not prejudicially nor unreasonably affect the public interest and that it will not im- pai…

Administration of water use among vested right holders. If, during the ad- ministration of water rights, each appropriation right and approved permit to appropriate water for beneficial use has been regulated in accordance with the provisions of K.S.A. 82a-706b, the division of w…

Procedure for determination of an active vested domestic water right. The existence of an active domestic vested water right shall be determined by the chief engineer as follows: (a) Information shall be filed with the chief en- gineer on a form prescribed by the chief engineer c…

Definitions. As used in these rules and regulations and the water assurance program act by the division of water resources in the ad- ministration of the water assurance program act, unless the context clearly requires otherwise, the following words and phrases shall have the mea…

Determination of benefits. (a) A water assurance district member may apply in writing to the board to be removed as a member of the district if that member is no longer receiv- ing benefits from supplementing the stream by assurance reservoir releases because: (1) the member no l…

Aquifer storage and recovery permitting. (a) An operator may store water in an aquifer storage and recovery system under a permit to appropriate water for artificial recharge 338 DEPT. OF AGRICULTURE—DIVISION OF WATER RESOURCES 5-12-2 if the water appropriated is source water. Th…

Aquifer storage and recovery ac- counting. (a) In addition to annual water use reporting requirements pursuant to K.S.A. 82a- 732, and amendments thereto, on June 1 of each year the permit holder of an aquifer storage or recovery system shall report an accounting of wa- ter in th…

Hearings. (a) A hearing shall be held by the chief engineer in the general vicinity where an applicant proposes aquifer storage and recov- ery before approval of any such application for aquifer storage and recovery. (b) If any part of a proposed basin storage area is within the …

Aquifer storage and recovery systems in a groundwater management dis- trict. A groundwater management district may recommend rules and regulations pertaining to monitoring and accounting requirements for that portion of the basin storage area that falls within the district’s boun…

Notice of intent to open or expand a sand and gravel pit operation. Each operator desiring to open or expand a sand and gravel pit operation shall file a notice of intent to open or expand a sand and gravel pit operation on a form prescribed by the chief engineer before opening o…

Time to construct the diversion works for a sand and gravel pit operation. (a) As used in this regulation, “completion of diversion works” means that both of the following have occurred: (1) All equipment necessary to begin to operate a sand and gravel operation, including the hy…

Time to perfect a water right for evaporation of groundwater. (a) A reasonable time to perfect a water right for evaporation of groundwater caused by a sand and gravel pit oper- ation shall be neither less than five calendar years plus the remainder of the calendar year in which …

Determination of “substantial- ly adverse impact on the area groundwater supply.” (a) A sand and gravel operation shall be deemed to cause a “substantially adverse impact on the area groundwater supply,” as provided in K.S.A. 82a-734 (b) and amendments thereto, if the sand and gr…

Determination of when ground- water evaporation is a beneficial use. On and after the effective date of this regulation, whenever theopeningorexpansionofasandandgraveloper- ation is considered to cause a substantially adverse impact on the area groundwater supply pursuant to K.A.…

Exemption. (a) To the extent that groundwater evaporation causes a substantially adverse impact to the area groundwater supply pursuant to K.A.R. 5-13-2, a new application to appropriate the groundwater evaporation caused by the project shall be exempt from meeting the safe yield…

Approval of pit operations that are opened or expanded after the effective date of this regulation. Except as set forth in K.A.R. 5-13-4, pit operations that are excavated or expanded after the effective date of this regula- tion and that have a substantial adverse impact on the …

Determination of the maximum rate of diversion and annual quantity of wa- ter. The annual quantity of water, in acre-feet, re- quired to be appropriated for evaporation caused by exposing the area groundwater table shall be determined by multiplying the exposed ground- water surf…

Offsets for evaporation of ground- water. The net average annual quantity of ground- water evaporation shall be authorized, accounted for, or offset in one or more of the following ways: (a) An approval of application or water right currently authorizes the use of water at that p…

Offset calculations. All of the fol- lowing requirements shall apply with respect to an offset water right described in K.A.R. 5-13-7(d): (a) No physical diversion of the offset water right shall be required or allowed. (b) The project shall receive credit for 100 per- cent of th…

Easements and covenants. The applicant shall provide any easements or cove- nants, attached to or running with the land, that are necessary to document that the offset water acquired pursuant to K.A.R. 5-13-7 will continue to be legally available to offset the evaporation of grou…

Enforcement. (a) Except as set forth insubsection(i),theproceduresetforthbelowshall be followed whenever enforcement action is taken by the chief engineer after becoming aware that a person may be performing any of the following: (1) Violating any provision of K.S.A. 82a-701 et s…

Civil penalties for violations oth- er than exceeding the authorized quantity of water. (a) Penalty order. In addition to any other authorized enforcement procedures, if the chief engineer finds that any of the violations specified in K.S.A. 82a-737, and amendments thereto, have …

Civil fines; water use reporting. (a) Any owner of a water right or approval of ap- plication may be assessed a civil penalty of $1,000 per year for each water right or approval of appli- cation for which the owner does not perform the following: (1) Timely submit an annual water…

Civil penalties for exceeding the authorized quantity of water. (a) Penalty order. In addition to any other authorized enforcement procedures, if the chief engineer finds a diversion of water in excess of the authorized quantity, a written penalty order may be issued by the chief…

(Authorized by K.S.A. 82a-706a; imple- menting K.S.A. 82a-706, 82a-706b, 82a-706d, and 82a-728; effective Sept. 22, 2000.)

Orders. (a) An order subject to re- view pursuant to K.S.A. 82a-1901, and amend- ments thereto, shall be issued by the chief engi- neer in each of the following matters: (1) The approval or dismissal of an application to change the place of use, the point of diver- sion, the use …

Hearing procedure. The proce- dures specified in this regulation shall apply to any hearing held by the chief engineer pursuant to K.A.R. 5-14-3. Upon notice to all parties, these procedures may be applied by the chief engineer to any other hearings held under the Kansas water ap…