Kansas Administrative Code

Appeal of the failure of the chief engineer to timely issue a certificate of ap- propriation. (a) The time period specified in K.S.A. 82a-714(c), and amendments thereto, shall begin when the time authorized to perfect the wa- ter right, including any authorized extensions of time…

Conditions of a request for a con- ference hearing. (a) Any request for a confer- ence hearing before the chief engineer shall meet the following conditions: (1) Be in writing and be served on the chief en- gineer within 15 days of the issuance of the sum- mary order; (2) clearly…

Informal settlement. At any time during the proceedings conducted under K.A.R. 5-14-2, K.A.R. 5-14-3, or K.A.R. 5-14-4, the al- leged violator may request a settlement confer- ence. The request shall be in writing and shall be served on the chief engineer on behalf of the alleged…

Conversion of a conference hear- ing. (a) At any point during a conference hearing being conducted according to K.A.R. 5-14-2, the conference hearing may be converted by the chief engineer to a full adjudicative hearing to be heard by the chief engineer. (b) The conversion of a c…

Administration of minimum desir- able streamflow. (a) Except as specified in sub- section (d), if the streamflow at a minimum desir- able streamflow (MDS) gaging station falls below the streamflow established in K.S.A. 82a-703c, and amendments thereto, for a period of seven conse…

Minimum desirable streamflow consent orders. (a) An annual minimum desir- able streamflow (MDS) consent order according to K.A.R. 5-15-1(c)(1) may be entered into by the chief engineer and the owner of the water right or approval of application to divert surface water. This conse…

Cessation of minimum desirable streamflow administration. (a) Except as specified in subsection (c), whenever the chief engineer determines that both of the conditions specified in subsection (b) have been met, the administration of water rights and approvals of applications with…

Standards for minimum desirable streamflow. The streamflow trigger values, tem- porary surface water diversion thresholds, and well pumping allowances set forth in the following table shall be used whenever appropriate in these regulations. MDS gaging station streamflow trigger v…

Definitions. The terms and defini- tions in this regulation shall apply to this article and to K.S.A. 82a-736, and amendments thereto, unless the context clearly requires otherwise. (a) “Subdivision or subdivisions of the place of use for the base water right” means one or more p…

(Authorized by K.S.A. 82a-706a; im- plementing K.S.A. 2001 Supp. 82a-708a(d), as amended by L. 2002, Ch. 181, § 21; effective Oct. 11, 2002; revoked June 21, 2013.)

Establishing a multiyear flex ac- count. (a) A multiyear flex account shall be estab- lished by filing an application for a multiyear flex account and a term permit on a form prescribed by the chief engineer. Each application shall meet the following requirements: (1) Except as s…

Conditions on the term permit. (a) The place of use authorized by a term permit shall be identical to the place or places of use au- thorized by the base water right or rights or a sub- division or subdivisions of the place of use for the base water right. (b) The types of use au…

(Authorized by K.S.A. 82a-706a; implementing K.S.A. 2010 Supp. 82a-736, as amended by L. 2011, ch. 89, sec. 28; effective Oct. 11, 2002; amended Jan. 6, 2006; amended, T-5- 8-29-11, Aug. 29, 2011; amended Dec. 16, 2011; revoked June 21, 2013.)

Multiyear flex accounts and term permits. (a) The duration of the multiyear flex account and term permit shall be five consecutive calendar years. (b) If water use records for a base water right are inadequate to accurately determine actual water use during any calendar year in t…

Conditions under which a base water right may be exercised. Each term per- mit approved by the chief engineer pursuant to K.S.A.82a-736,andamendmentsthereto,shallin- clude the condition that if the term permit can no longer be exercised because of an order issued by the chief eng…

Definitions for water banking. As used in these water banking regulations, in the Kansas water banking act, K.S.A. 82a-761 et seq. and amendments thereto, and by the chief engi- neer in the administration of this act, unless the context clearly requires otherwise, the following w…

Water bank charter proposal. (a) Each proposed water bank charter submitted to the chief engineer shall contain all of the following: (1) Information showing that the proposed op- erations and policies of the water bank are consis- tentwiththeKansaswaterbankingact,theKansas water…

Annual reports of water banks. Each water bank shall file an accounting report with the chief engineer each calendar year con- taining the following information: (a) The file numbers of the water rights, or portion of the wa- ter rights, deposited in the water bank; (b) the annua…

Water use reports. (a) Each own- er of a water right authorized for irrigation use that deposits a water right in a water bank or de- posits water in a safe deposit account, and each person that leases water for irrigation use and any linked water rights, shall file the water use…

Enforcement. If any person vi- olates any of the following, enforcement action may be taken by the chief engineer as specified in K.A.R. 5-14-1 and K.A.R. 5-14-10: (a) A term, condition, or limitation of a term permit issued to authorize the diversion of leased water; (b) a term,…

Water flowmeters. (a) The fol- lowing points of diversion shall meet the require- ments specified in subsection (b): (1) Within a groundwater bank, all non- domestic, non-temporary wells within the bound- aries of the water bank; (2) within a surface water bank, all non- domestic…

Private sale or lease of water right facilitated by a water bank. If a water bankprovidesservicestofacilitatethesaleorlease of water rights, the owner of the water rights that are bought, sold, or leased between private par- ties shall be required to comply with all applicable st…

Priority of use of water rights and permits. (a) If multiple water rights or permits authorize the use of water from a single point of diversion, the water shall be considered to be used in the order of priority with the earli- est priority first. (b) If the water used exceeds th…

Waste of leased water and safe deposit account water. For using leased water or water withdrawn from a safe deposit account, the quantity not considered to be waste for irriga- tion use shall be 150 percent of the value specified in K.A.R. 5-3-24 for the county where the point of…

Reimbursable and non-reim- bursable costs. (a) The following costs incurred by the chief engineer for assistance and services to implement the Kansas water banking act shall be reimbursable by a water bank: (1) The cost of reviewing and approving a pro- posed water bank charter; …

Application to deposit a water right into a water bank or withdraw a deposit. (a) Each water right owner proposing to deposit all or a portion of a water right into a water bank shall complete an application on a form prescribed by thewaterbankandapprovedbythechiefengineer. The a…

Contract for deposit of a water right. (a) Each water right owner that has an ap- plication approved for the deposit of all or a por- tion of a water right into a water bank and that desires to deposit all or a portion of the water right into the water bank shall enter into a con…

Application to lease water. (a) Each person proposing to lease water from a wa- ter bank shall complete an application for a con- tract to lease water on a form prescribed by the water bank and approved by the chief engineer and an application for a term permit. The appli- cation…

Contract to lease water. Any per- son who has an application approved by the water bank for the lease of water from the water bank may enter into a contract with the water bank to lease water. The contract shall be entered into be- fore a term permit can be issued by the chief en…

Conditions on the term permit to exercise a contract to lease water. (a) A con- tract to lease water may be exercised only if the chief engineer approves an application for a term permit to divert the leased water. (b) The following conditions shall be imposed by the chief engine…

Contract to deposit water in a safe deposit account. (a) Each person propos- ing to deposit water into a safe deposit account shall enter into a contract with the water bank on a form prescribed by the water bank and approved by the chief engineer. The contract shall include the …

Depositing water in a safe deposit account. (a) Each calendar year in which water is deposited, the depositor shall file a deposit slip, on a form prescribed by the water bank and ap- proved by the chief engineer, with the water bank indicating the quantity of water that was unus…

Term permit to use water that was deposited in a safe deposit account. (a) Before approval of a term permit to use water de- posited in a safe deposit account, the water bank shall certify to the chief engineer the quantity of water that is in the safe deposit account. (b) Before…

Definitions. Each of the following terms, as used in this article of the division’s reg- ulations, shall have the meaning specified in this regulation: (a) “GMD” means a groundwater management district established pursuant to K.S.A. 82a-1020 et seq., and amendments thereto. (b) “…

LEMA plans. (a) Before a GMD’s board of directors recommends formal approval of a LEMA plan and submission to the chief en- gineer for review, the GMD’s board of directors or staff may request the division to assist in the development of the LEMA plan or to informally review the …

Public hearings. (a) If the chief en- gineer initiates proceedings to designate a LEMA, the chief engineer may preside over any public hearings or may designate a presiding officer. (b) If, following the initial hearing, the presid- ing officer determines that the proposed LEMA p…

Due consideration for past vol- untary water conservation. (a) Each past reduction in water use that has resulted in vol- untary water conservation implemented during any period upon which a LEMA plan’s corrective controls are based shall be given due consider- ation by the GMD’s…

Review and modification of a des- ignated LEMA. (a) Once a LEMA has been des- ignated by the chief engineer, the corrective con- trols in the LEMA plan shall remain in place until the LEMA expires pursuant to the terms of the LEMA plan or until the LEMA plan is changed. (1) A GMD…

Battery of wells. Except as set forth in subsection (c), if a permit to appropriate water did not authorize a battery of wells, as defined in K.A.R. 5-1-1, before the effective date of this reg- ulation,anapplicationforchangefiledpursuantto K.S.A. 82a-708b, and amendments thereto…

Determination or certification of a domestic water right. Each application filed after the effective date of this regulation to deter- mine or certify a domestic water right based on water use in a confined feeding facility that had a capacity of 1,000 head or more and was privat…

Intensive groundwater use con- trol area; public hearings. (a) In any case in which the chief engineer initiates proceedings for the designation of an intensive groundwater use control area (IGUCA), an independent hearing officer shall be appointed by the chief engineer. The inde…

Formal review of intensive groundwater use control area orders. (a) For each intensive groundwater use control area (IGUCA) designated by order of the chief engi- neer before July 1, 2008, pursuant to K.S.A. 82a- 1038 and amendments thereto, a public hearing to review the designa…

Definitions. As used in these rules and regulations, the following words and phrases shall have the meaning ascribed to them in this section. (a) “Aquifer” means a geologic water-bearing formation that will yield considerable quantities of water to wells and springs. 374 DEPT. OF…

Tailwater control and waste. No water user shall allow water which is pumped or diverted from any aquifer to leave the land under the water user’s direct supervision and control. If the water is re-used, the user shall apply the water consistent with the approved application to a…

Well spacing requirements. (a) Each well location described in an application for a permittoappropriatewaterforabeneficialuse,oth- er than domestic use, that proposes the diversion or withdrawal of water from the Ogallala aquifer shall be spaced at least 2,640 feet from all other…

Safe yield. (a) Except as specified in subsection (c), the district shall be closed to new appropriations of water in the portions of the unconsolidated aquifers commonly known as the Ogallala formation and the Niobrara formation that are located within the district. (b) The appr…

Battery of wells. Within the bound- aries of the district, an application for change of 376 DEPT. OF AGRICULTURE—DIVISION OF WATER RESOURCES 5-21-6 point of diversion from one well to a battery of wells shall not be approved unless the application meets the following criteria: (a…

Water flowmeters. (a) Except as specified in subsection (b), each well autho- rized within the boundaries of the district shall be equipped with a totalizing water flowmeter that is installed and maintained in accordance with the specifications in K.A.R. 5-1-4 through

(Authorized by K.S.A. 82a-706a and K.S.A. 82a-1028, as amended by L. 2002, Ch. 137, § 5; implementing K.S.A. 82a-1028, as amended by L. 2002, Ch. 137, § 5 and K.S.A. 2001 Supp. 82a-1903, as amended by L. 2002, Ch. 137, § 7; effective Jan. 24, 2003; revoked Nov. 15, 2019.)

Percent change of saturated thickness. The map titled “percent change in sat- urated thickness of the High Plains aquifer, west central Kansas, 1950 to average 1997-1999” and designated as the Kansas geological survey open file report 2000-15B, dated July 25, 2000, is here- by ad…