Kansas Administrative Code

Saturated thickness. The map ti- tled “saturated thickness of unconsolidated aqui- fer, west central Kansas average 1997-1999” and designated as the Kansas geological survey open file report 2000-15A, dated July 25, 2000, is here- by adopted by reference. (Authorized by K.S.A. 82…

Definitions. As used in article 22 of these regulations, by the Equus Beds groundwa- ter management district no. 2 in the implemen- tation of the groundwater management district act and by the division of water resources in the administration of the Kansas water appropriation act…

Aquifer storage and recovery system: data reporting requirements.(a)Each person operating an aquifer storage and recovery system of which all or part of is within the bound- aries of the district shall file an annual report with the district no later than June 1 for the previous …

Application processing require- ments and procedures. (a) Except as provided in subsection (c), each application for any of the following shall be subject to the requirements and procedures in subsection (b): (1) Appropriate water for beneficial use; 386 DEPT. OF AGRICULTURE—DIVI…

Potential net evaporation. (a) The map titled “annual potential net evaporation in inches for Equus Beds groundwater manage- ment district no. 2 (annual average evaporation minus annual normal precipitation),” prepared by the district and dated June 11, 2002, is hereby ad- opted …

Maximum reasonable quanti- ty for beneficial use. (a) The maximum annual quantity of water deemed reasonable for irriga- tion use shall be the following: (1) 1.3 acre-feet per acre in Harvey, McPher- son, and Sedgwick counties; and (2) 1.4 acre-feet per acre in Reno county. (b) T…

Limitations on the use of fresh groundwater. (a) Fresh groundwater shall not be used for any of the following purposes, unless the applicant demonstrates before approval of the ap- plication that the use of other waters is not tech- nologically or economically feasible: (1) The e…

Bank storage wells. (a) Each ap- plicant for one or more bank storage wells shall demonstrate all of the following: (1) The hydraulic connection from the stream- bed and banks to each bank storage well screen is sufficient to transmit bank storage water from the bed and banks of …

Well spacing requirements. (a) Except as specified in subsections (d) and (e), the minimum spacing of all nondomestic and nontem- porary wells described in an application for permit to appropriate water for beneficial use, an applica- tion for a term permit, or application to cha…

Waste of water.Itshallbeaviolation of these rules and regulations for any person, pri- vate corporation, public corporation, municipal- ity, company, institution, township, county, state agency or federal agency to waste water as defined in these regulations. (Authorized by K.S.A…

Metering. (a) Each water flowmeter, gauge, or other measuring device required by the district shall meet the minimum specifications ad- opted by the chief engineer by regulation. (b) The owner of the water right or approval of application shall perform the following: (1) Ensure t…

Water flowmeter requirement. Each nondomestic, nontemporary well meeting any of the following conditions shall be equipped with a water flowmeter that meets or exceeds the requirements of K.A.R. 5-22-4: (a) A well operat- ed under the authority of an approval of applica- tion iss…

Water flowmeter maintenance. (a) If a water flowmeter required by the district is ever out of compliance, the owner shall promptly repair or replace the water flowmeter, or correct any problems with the installation. (b) A water flowmeter shall be considered to be out of complian…

Waterflowmetertestingbyanon- district person. If a water right owner desires to have a water flowmeter flow rate test performed by a person other than district staff to comply with 381 5-22-6 Equus Beds Groundwater Management District No. 2 any requirement of the district, that p…

Water flowmeter installation procedures. (a) If installation of a water flow- meter is required by the board, the owner of the approval of application or the water right shall be notified of the requirement in writing. (b) A water flowmeter shall be installed on a new or replacem…

(Authorized by K.S.A. 82a-1028(o); implementing K.S.A. 82a-1028(n); effective May 1, 1980; amended Oct. 15, 1990; revoked Jan. 10, 2003.)

Noncompliance; penalties; appeal procedures. (a) Any person may file with the board a written or verbal complaint that someone is allegedly violating any regulation of the district, any provision of the Kansas water appropriation act, or a term, condition, or limitation of an ap-…

Safe yield. (a) Except as specified in subsection (b), the approval of each application for a change in the point of diversion, term per- mit,andpermittoappropriatewaterforbeneficial use shall be subject to the following requirements: (1) The sum of prior appropriations shall in-…

Change applications. (a) Except as set forth in subsection (d), the approval of each application for a change in point of diversion for a vested right, appropriation right, permit, term per- mit, or an application to appropriate groundwater shall be subject to the following requi…

Exceptions. Each recommendation timely submitted by the district concerning an ex- emption from, or waiver to, a regulation adopted by the chief engineer shall be considered by the chief engineer. An exception to these regulations may be granted by the chief engineer if the appli…

Definitions. As used in these reg- ulations, by the southwest Kansas groundwater management district in the implementation of the groundwater management district act, and by the division of water resources in the administration of the Kansas water appropriation act and the ground…

Procedures for non-compliance with rules and regulations. 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 …

Dakota aquifer system. All evalu- ations in the southwest Kansas groundwater man- agementdistrictno.3involvingadeterminationof the extent of the confined and unconfined Dakota aquifer system shall use the information shown in the Kansas geological survey open file report number 9…

Saturated thickness of the high plains aquifer. All evaluations in the southwest Kansas groundwater management district no. 3 involving a determination of the saturated thick- ness of the high plains aquifer shall use the in- formation shown in the Kansas geological survey open f…

Tailwater control and waste. No water user shall allow waste of water. If the water is re-used, the user shall apply the water consis- tent with the approved application to appropriate water for beneficial use, vested right or appropria- tionright.Allwaterusersshallconstructandop…

Minimum well spacing require- ments: high plains aquifer. (a) (1) The mini- mum horizontal distance between each proposed nontemporary, nondomestic well and all other se- nior nontemporary, nondomestic wells diverting water from the high plains aquifer shall be deter- mined from …

Minimum well spacing require- ments: confined aquifers. (a)(1) The minimum horizontal distance between each proposed non- temporary, nondomestic well and all other senior nontemporary, nondomestic wells diverting water from a confined aquifer shall be determined from the followin…

High plains aquifer. (a) Except as specified in subsection (b), the district shall be closed to new appropriations of water in the high plains aquifer. (b)Thisregulationshallnotapplytothefollowing: (1) Wells for domestic use; (2) wells authorized by temporary permits; (3) wells a…

Criteria for closing townships to new appropriations. (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 to…

(Authorized by K.S.A. 82a-706a and K.S.A. 82a-1028; implementing K.S.A. 82a-706a and K.S.A. 2002 Supp. 82a-1028; effective Sept. 22, 2000; amended Nov. 21, 2003; revoked May 13, 2016.)

(Authorized by K.S.A. 1980 Supp. 82a-1028(o); implementing K.S.A. 1980 Supp. 82a-1028(n); effective May 1, 1981; revoked Nov. 21, 2003.)

Water-measuring devices. The diversion works for each nontemporary, nondo- mestic 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 f…

(Authorized by K.S.A. 1980 Supp. 82a-1028(o); implementing K.S.A. 1980 Supp. 82a-1028(n); effective May 1, 1981; revoked Aug. 28, 1989.)

Definitions. As used in these reg- ulations for the northwest Kansas groundwater management district no. 4, the following words 394 DEPT. OF AGRICULTURE—DIVISION OF WATER RESOURCES 5-24-2 and phrases shall have the following meanings. (a) “Area of consideration” means the two-mil…

Exemptions for up to 15 acre- feet of groundwater. (a) In any area of the dis- trict that is subject to safe yield criteria and is not closed by specific regulation or intensive ground- water use control area order by the chief engineer to new nondomestic, nontemporary permits an…

Investigation and enforcement. The procedure set forth in this regulation shall be followed whenever enforcement action is tak- en 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 con- serv…

Allowable withdrawals. (a) Except as specified in subsection (b) the district shall be closed to any new appropriation of water that par- tially or wholly requests a source of supply that includes the Ogallala formation. (b) The following types of applications shall not be subjec…

Well spacing. (a) Except as specified in subsection (b), the spacing between each pro- posed well and all other wells authorized to with- draw water from the same source of water supply shall be as follows: (1) In the Ogallala aquifer and in alluvial aqui- fersnotclosedtonewappro…

Tailwater control and waste. No person shall commit or allow a waste of water as defined in K.A.R. 5-1-1. Runoff from precip- itation shall not be considered a waste of water. 397 5-24-6 Northwest Kansas Groundwater Management District No. 4 (Authorized by K.S.A. 82a-706a and K.S…

Allowable appropriation—rea- sonable use. (a) The maximum reasonable an- nual 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 rea-…

Changes in points of diversion. (a) Each replacement well shall meet all of the crite- ria in either of the following paragraphs: (1)(A) Be located within 2,640 feet of the cur- rently approved well location; and (B) meet the well spacing criteria of K.A.R. 5-24-3; or (2)(A) Be l…

Well construction criteria. (a) Each nondomestic well that is not subject to reg- ulation 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 in- clude the installation of a check valve that meets o…

Resource development plans. (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 …

Water flowmeters. (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 per- mit…

Definitions. As used in these regula- tions for the Big Bend groundwater management districtno.5,unlessthecontextclearlyrequiresoth- erwise, the following words and phrases shall have the meaning ascribed to them in this regulation: (a) “Aquifer” means a geologic formation ca- pa…

Test holes and water quality analyses. (a) Except for those types of applica- tions described in K.A.R. 5-25-4(b), each appli- cant proposing to divert groundwater for non- domestic use within the district shall drill a test hole that shall meet the following requirements: (1) Be…

Determination of well locations. Ifaquestionarisesastowhereawellislocated,the burden of proof shall remain upon the applicant to show the actual location of the well in question. (Authorized by K.S.A. 82a-706a and K.S.A. 2002 Supp. 82a-1028; implementing K.S.A. 82a-706a and K.S.A…

Approval of application for ad- ditional rate only. Each application for a per- mit to appropriate water for beneficial use that requests only an increase in the authorized rate of diversion, and no net increase in maximum an- nual quantity, from a specific point of diversion alr…

Term permits. 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 con- taminated water. For the purpose of this regu- lation, water contai…

Battery of wells. (a) An applica- tion 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 bat…