Kansas Administrative Code

Exemptions for up to 15 acre- feet of groundwater. Except as specified in sub- sections (b) and (c), an application to appropriate groundwater for up to 15 acre-feet of water shall be approved if all of the conditions in subsection (a) are met. (a) (1) The sum of the annual quant…

Water quality analyses and ob- servation wells in the Rattlesnake creek subbasin. Groundwater rights that have points of diversion located in the Rattlesnake creek subbasin east and north of federal highways US- 281 and US-50 shall be subject to the following requirements: (a) Th…

Voluntary reductions of water rights in the Rattlesnake creek subbasin. Each water right owner in the Rattlesnake creek subbasin that agrees to meet, and does meet, all of the conditions specified in subsections (a) through (e) no later than March 31, 2004 on a water right for a …

Changes of well locations within the Rattlesnake creek basin. (a) Each applica- tion to change the location of a well within the Rattlesnake creek basin by more than 2,640 feet may be approved by the chief engineer if all of the following conditions are met: (1) The source of wat…

Saturated thickness map. (a) The following electronic data files, all dated July 10, 2002 and prepared by the district using data de- veloped by the Kansas geological survey and the district, are hereby adopted by reference by the chief engineer: (1) Rattlesnake basin.dbf; (2) Ra…

Well spacing. (a) With the excep- tion of those wells described in subsection (b), the minimum spacing of all wells described in an ap- 402 DEPT. OF AGRICULTURE—DIVISION OF WATER RESOURCES 5-25-2a plication to appropriate water for beneficial use, other than those wells for domes…

Recommendations by the board. (a) The following types of applications shall be submitted by the chief engineer to the district for review and recommendation: (1) All applications to appropriate water for beneficial use, except for temporary use and do- mestic use; and (2) all app…

Alternative method for calcu- lating the amount of water deposited in a multiyear flex account. Each water right owner within the boundaries of the district who is other- wise eligible to establish a multiyear flex account under K.S.A. 82a-736, and amendments thereto, and the imp…

(c)(1) For each application for a change in the point of diversion, if the diversion works have not been completed, the application shall be exempt from the closure to new appropriations specified in subsection (a). However, the proposed appro- priation, when added to the vested …

Change in point of diversion. (a) The location of a well requested in an appli- cation to change a point of diversion shall be no more than 2,640 feet from the point of diversion currently authorized by a vested right, appropri- ation right, or an application to appropriate wa- t…

Reasonable appropriation. (a) An application for a permit to appropriate water for irrigation use shall not be recommended by the board for approval for a quantity in excess of those quantities specified in K.A.R. 5-3-19. (b) For livestock and poultry, the maximum annual quantity…

Sustainable yield. (a) Except as specified in subsections (b) and (c), the entire dis- trict shall be closed to further new surface water and groundwater appropriations. 403 5-25-6 Big Bend Groundwater Management District No. 5 (b) The following types of applications shall be exe…

Water flowmeter requirements. Each non-domestic well, except any well autho- rized by a temporary permit, shall be equipped with a water flowmeter. Each water flowme- ter required by the board shall meet or exceed the specifications in K.A.R. 5-1-4 through 5-1- 12. (Authorized by…

Reporting water use. Each water right owner shall report to the board the read- ings of water meters, gauges and other measuring devices at such times as may be required by the board. (Authorized by K.S.A. 82a-706a and K.S.A. 82a-1028(o); implementing K.S.A. 82a-1028(l); effectiv…

Water quality tests. Each water right owner shall take water samples from the owner’s wells and have water quality analyses made on those samples at the owner’s expense at times specified by the board. A laboratory licensed by the Kansas department of health and environment shall…

Waste of water. A person shall not commit or allow a waste of water as defined in K.A.R. 5-1-1. (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. 2002 Supp. 82a-1028; effective May 1, 1980; amended April 19, 1996; amended Oct. …

Procedures for non-compliance with rules and regulations. (a) The district’s board or manager, any eligible voter or any person 18 years or older residing within the district may file a written complaint with the district alleging a violation of these rules and regulations, the m…

Application acceptable for filing. (a) To be acceptable for filing, an application for an approval of application shall be accompanied by the statutorily required filing fee, except for an application for domestic use, and shall contain all of the following: (1) The name and mail…

Availability of water for appro- priation—safe yield. (a) Except as set forth in subsection (b) and K.A.R. 5-3-16 and K.A.R. 5-3- 17, the approval of any new application to appro- priate groundwater or surface water for beneficial use, except for domestic use, temporary use and t…

Availability of water for appro- priation—safe yield; unconfined groundwa- ter aquifers. (a) Each application to appropriate groundwater from an unconfined aquifer shall be processed in accordance with this regulation. (b) To determine the safe yield available for appropriation f…

(Authorized by K.S.A. 82a-701(g), 82a-706a; effective May 1, 1980; revoked May 1, 1987.)

Dewatering of construction sites. The chief engineer shall limit the time in which water may be withdrawn for dewatering purpos- es. Any water right that may be perfected by the dewatering project shall be deemed abandoned and terminated upon the completion of the dewa- tering pr…

Availability of water for appro- priation—safe yield; confined groundwater aquifers. (a) Each application to appropriate wa- ter from a confined aquifer shall be processed on a case by case basis so that the safe yield of the source of water supply is not exceeded. (b) Until a sp…

Availability of water for appropri- ation—safe yield; surface water. (a) Each ap- plication filed to directly divert the natural flow of the Kansas river, the Missouri river, the Big Blue river, the Spring river, or their tributaries, shall: (1) be processed in accordance with K.…

Safe yield; exemptions for up to 15 acre-feet of groundwater. (a) Each applica- tion to appropriate groundwater in any area of the state shall be exempt from meeting the safe yield criteria if all of the conditions in subsection (b) are met. (b)(1) The proposed point of diversion…

Closed areas; exemptions for up to five acre-feet of groundwater. In any area of the state that is outside a groundwater manage- ment district and an intensive groundwater use control area (IGUCA) and that is closed to new appropriations of groundwater by regulation ex- cept for …

Safe yield; miscellaneous exemp- tions. In any area of the state which is subject to safe yield criteria, and outside a groundwater management district or an intensive groundwa- ter use control area closed to new non-domestic, non-temporary uses, each application to appropri- ate…

Applicant’s opportunity to submit additional information. (a) If at any stage of pro- cessing an application, it is determined by the chief engineer that an application does not meet the safe yield criteria, the applicant shall be notified by the chief engineer in writing prior t…

Maximum reasonable annual quantity of water for irrigation use. (a) For applications filed before the effective date of this regulation, the maximum annual quantity of wa- ter reasonably necessary to irrigate crops shall be determined as follows: (1) In that area of Kansas locate…

Application for a basin term per- mit. An application for a basin term permit shall be filed on a form prescribed by the chief engi- neer. The term requested shall not exceed one year. A basin term permit may be extended in one-year increments if all of the following condi- tions…

Complete new application. (a) A new application to appropriate water for beneficial use shall be considered to be a “complete appli- cation” for the purposes of K.S.A. 82a-708a, and 289 Appropriation Rights 5-3-3 amendments thereto, if the application completely andaccuratelymeet…

Priorities. (a) Upon receipt in the of- fice of the chief engineer of an acceptable appli- cation for permit to appropriate water for benefi- cial use, accompanied by the statutory application fee, a stamp showing the date and time of receipt shall be placed on the application fo…

Maximum reasonable annual quantity of water approvable for a new ap- propriation of water for irrigation use. (a) The maximum reasonable annual quantity of wa- ter that may be approved for use on irrigated land for applications filed before the effective date of this regulation s…

Perfection of a water right for ir- rigation use. (a) For applications with a priority date before the effective date of this regulation, the maximum reasonable annual quantity of water that may be perfected for irrigation use shall not exceed the following: (1) The maximum annua…

Maximum reasonable quantity of water for livestock and poultry. (a) The fol- lowing quantities shall be deemed the maximum quantity of water reasonable for nondomestic live- stock and poultry water use: Livestock/ poultry Drinking water (gallons per head per day) Additional quant…

Maximum reasonable annual quantity approvable for irrigation use for an application for change in place of use and a request to reduce a water right; exceptions. (a) Except as provided in subsections (c), (d), and (e), for water rights with a priority date before September 22, 20…

Reasonable quantity for irriga- tion use. The Kansas department of agriculture, division of water resources’ map titled “reasonable quantities for irrigation use in Kansas, by coun- ty,” dated October 21, 1999, is hereby adopted by reference. (Authorized by K.S.A. 82a-706a; im- p…

Conditions on permits and certif- icates. (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…

Closed townships in Pawnee and Buckner drainage basins in Pawnee, Hodge- man, Ness, and Finney counties. (a) Except as specified in subsection (c), the following town- ships in the Pawnee and Buckner drainage basins shall be closed to new appropriations of water: (1) T 20 S: (A) …

Equus Beds special groundwater quality area. (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 con- sisting of approximately 36 square miles in north- west…

Lyons special groundwater quali- ty area. (a) A special groundwater quality area all in Rice County, Kansas, and partially located with- in the boundaries of the Big Bend groundwater management district no. 5 shall be hereby estab- lished in the following described area consistin…

Ozark and Springfield plateau aquifers. (a) Except as specified in subsections (b) and (c), the Ozark aquifer and the Spring- field plateau aquifer in the following townships in Cherokee, Crawford, Allen, Bourbon, Neosho, and Labette counties in Kansas shall be closed to new appr…

Storage of surface water for do- mestic use. (a) Any person entitled to use sur- face water for beneficial purposes may collect and store surface water if the collection, storage, use, and times of use are consistent with reasonable storage and conservation practices. A reasonabl…

Legal access. If the chief engineer is aware, or becomes aware, that the applicant does not have legal access to either the point of diver- sion or the place of use, before an application for any of the following can be approved by the chief engineer, the applicant shall demonstr…

Application. (a) Each application for a permit to appropriate water for beneficial use shall contain all the information requested for the proposed uses as specified in the prescribed ap- plication form and any other information that may be required for a complete understanding o…

Hearing before issuance of an order. (a) A hearing may be held pursuant to K.A.R. 5-14-3a by the chief engineer, or a person designated by the chief engineer, before the chief engineer issues an order if one of the following conditions is met: (1) The chief engineer finds it to b…

Deadlines for return of docu- ments. (a) If the chief engineer allows a person a specific number of days to return or submit a doc- ument or other information, the time period shall be computed as prescribed in K.S.A. 60-206(a) and (e), and amendments thereto. (b) If a person is …

Retaining new applications. (a) A new application to appropriate water for beneficial use shall be held by the chief engineer in accor- dance with the terms of subsection (b) if the appli- cation meets both of the following conditions: (1) The application is in proper form and ha…

Stratigraphic log requirements. (a) Except as set forth in subsection (b), each ap- plicant who files either of the following applica- tions shall submit to the chief engineer a strati- graphic log for a test hole located within 300 feet of the proposed new or replacement well: (…

Groundwater source formation codes. The Kansas department of agriculture, division of water resources’ document titled “groundwater source formation codes,” dated June 24, 2004, is hereby adopted by reference. The groundwater source formation codes used by the chief engineer in a…