Kansas Administrative Code

Approval of application. The ap- proval of an application on the prescribed form shall constitute a permit to proceed with the con- struction of authorized diversion works and the diversion and use of water. The applicant shall be notified of the approval of the application by tr…

Authorization for the use of water for emergency purposes. The chief engineer, or a person designated by the chief engineer, may authorize the use of water for emergency pur- poses. The emergency approval shall be subject to the terms, conditions and limitations specified by the …

Approval of application for water for the development of underground storage in mineralized formations. In any case where it is not technologically and economically feasible to utilize poorer quality water for the develop- ment of underground storage in mineralized for- mations a…

Check valves. (a) All diversion works not subject to regulation under the Kan- sas chemigation safety law, K.S.A. 2-3301 et seq. and amendments thereto, into which any type of chemical or other foreign substances will be in- jected into the water pumped from the diversion works s…

Requirement to install a water level measurement tube. Each well with an authorized maximum rate of diversion of 100 or more gallons per minute drilled after the effec- tive date of this regulation, except those wells au- thorized under a temporary permit or a domestic right, sha…

Meters and other water-measuring devices; reporting readings; maintenance, and replacement. (a) For the purpose of this regula- tion, “meter” shall mean a water flowmeter or other water-measuring device. (b) Whenever the installation of a meter is required by the chief engineer a…

Designation of a water use cor- respondent. If the owner or owners of an ap- proval of application or a water right desire to delegate the authority to receive and submit the annual water use reports as prescribed by K.S.A. 82a-732, and amendments thereto, to another person, an o…

Water conservation plans. Each water conservation plan shall be submitted on a form prescribed by the chief engineer. The plan shall also contain the name, address, and telephone number of the designer of the water conservation plan. (Authorized by K.S.A. 82a-706a; implement- ing…

Time limit to implement a water conservation plan. (a) The time to fully imple- ment the water conservation plan shall be limited by the chief engineer to a reasonable specific date, which may be extended for good cause shown by the applicant. (b) A municipal or industrial water …

Maintenance of a water conserva- tion plan. Once implemented, the applicant shall continue to satisfactorily maintain each compo- nent of the water conservation plan. (Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a- 733; effective Sept. 22, 2000.)

Review of a water conservation plan. The right to review the water conservation plan to determine if it is consistent with current guidelines adopted and maintained pursuant to K.S.A.74-2608,andamendmentsthereto,shallbe reserved by the chief engineer. If the review de- termines t…

Changes in a water conservation plan. If a person required to implement a wa- ter conservation plan desires to make a material change in the plan, that person shall submit a re- quest to make the change to the chief engineer on a form prescribed by the chief engineer. Any mate- r…

Limited power of attorney. If all of the owners of an approval of application or wa- ter right desire to authorize any other person to take any type, or types, of official action on behalf of the approval of application or water right, all of the owners of the approval of applica…

Authorized place of use. (a) Ex- cept as set forth in subsection (b), each approval of application, or an approval of an application for change filed in accordance with K.S.A. 82a-708b, and amendments thereto, shall describe the au- thorized place of use as either of the followin…

Amending water use reports. (a) Except as specified in this subsection, each annual water use report submitted to the chief engineer pursuant to K.S.A. 82a-732, and amendments thereto, shall be considered the official report of wateruseinformationfiledintheofficeofthechief engine…

Forfeiture, revocation and dismiss- al. Failure of the applicant or his or her successors to comply with the provisions of the approval of application and permit to proceed and its terms, conditions and limitations without good cause shall result in the forfeiture of the priority…

Sealing diversion works. (a) If the chief engineer or any authorized representative has reasonable cause to believe that any person has failed to obey an order or a notice and direc- tive of the chief engineer to cease and desist from operating a diversion works, the chief engine…

Request for extension of time. (a) For applications filed after May 1, 1978, any re- quest for extension of time either for completion of diversion works or for perfecting the appropriation shall be submitted to the chief engineer before the expiration of the time allowed for com…

Certificate of appropriation. Upon determination that the appropriation diversion works have been completed and an appropriation right perfected in conformity with an approved application and plans, the chief engineer shall is- sue a certificate of appropriation setting forth the…

Public interest. (a) In accordance with K.S.A. 82a-711(b)(5), as amended, in ascer- taining whether a proposed use will prejudicially and unreasonably affect the public interest, the chief engineer shall also take into consideration the quantity, rate and availability of water ne…

Approval of or permits for dams. The chief engineer shall not approve or grant a permit for any dam subject to the jurisdiction of 412 DEPT. OF AGRICULTURE—DIVISION OF WATER RESOURCES 5-40-1 the chief engineer under the authority of K.S.A. 1979 Supp. 82a-301 through 305a as amend…

Distribution of water between us- ers when a prior right is being impaired. In responding to a complaint that a prior water right is being impaired, the following procedure shall be followed: (a) Complaint. The complaint shall be submit- tedinwritingtothechiefengineerorthatperson…

Distribution of water between us- ers when a prior right is being impaired due to a regional lowering of the water table. (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…

Protection of releases from storage under low-flow conditions. (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 …

Well spacing. (a) The spacing be- tween wells shall be sufficient to prevent direct impairment between wells located in a common source of supply or hydraulically connected sourc- es of supply and to protect the public interest. Ex- cept as set forth in subsection (b), the follow…

Approval of application for addi- tional rate only. (a) Except as set forth in sub- section (c), an application for a permit to appro- priate water for beneficial use that requests only an increase in the authorized rate of diversion, and no net increase in maximum annual quantit…

Custodial care of the state. (a) For any groundwater or surface water right placed in the custodial care of the state, the following crite- ria 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 …

Definitions. As used in K.S.A. 82a- 301 through 82a-305a and amendments thereto, in the regulations adopted pursuant to these stat- utes, and by the chief engineer in administering K.S.A. 82a-301 through 82a-305a and amend- ments thereto, the following terms shall have the meanin…

(Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-302; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; revoked May 18, 2007.)

Request to be included on the list of independent engineers qualified to review applications. (a) Each licensed profes- sional engineer who desires to be placed on the list of licensed professional engineers approved to review applications for the permit required by K.S.A. 82a-30…

Information to be submitted with a request to be a reviewer. (a) Each en- gineer who wants to be included on the list of li- censed professional engineers approved to review applications under the obstructions in streams act, as authorized by K.S.A. 82a-302, and amend- ments ther…

Minimum requirements to be an individual reviewer. To be an individual re- viewer, each person shall meet both of the follow- ing qualifications: (a) Have a current professional engineer’s license from the Kansas state board of technical professions; and (b) have a minimum of fiv…

Conflict of interest. A reviewer shall not be eligible to review any of the following: (a) Any project in which the reviewer has partici- pated in the project’s design in any way; (b) any project designed by any other employee of the reviewer’s current employer; or (c) any other …

Notification of approval or disapproval to be a reviewer. Within 60 days of the receipt in the office of the chief engineer of a completed request pursuant to K.A.R. 5-40- 101, the requester shall be notified by the chief engineer of whether that individual has been approved in e…

Procedure for independent re- view of an application to construct a dam or other water obstruction. (a) When an applicant provides a copy of that individual’s application to an approved reviewer pursuant to K.S.A. 82a-302 442 DEPT. OF AGRICULTURE—DIVISION OF WATER RESOURCES 5-40-…

Report of findings of indepen- dent reviewer. (a) When a reviewer completes the review of an application pursuant to K.S.A. 82a-302 and amendments thereto, the reviewer shall submit a report of that review to the chief engineer. The report shall be properly sealed by the reviewin…

(Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-302 and 82a-303; effec- tive Sept. 22, 2000; revoked May 18, 2007.)

As-built drawings. (a) Each permit shall be conditioned by the chief engineer to re- quire as-built drawings for each category listed in subsection(b)tobesubmittedwithin90daysofthe completionofthedam,repairs,ormodifications,or any extension of time authorized by the chief en- gin…

(Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-303; effective May 1, 1987; revoked May 18, 2007.)

Testing a principal spillway pipe installation in a dam; applicability. (a) For the purpose of testing the leakage rate of principal spillway pipe installation in a dam, an applicant shall conduct a static pressure test of each princi- pal spillway installation constructed of cor…

Testing a principal spillway pipe installation in a dam; general procedures. The following general procedures shall apply to all static pressure tests required by K.A.R. 5-40- 14: (a) The applicant shall conduct the test before backfilling around and over the principal spillway p…

(h) If the leakage rate determined by either of the methods described in K.A.R. 5-40-16 is ac- ceptable, the applicant shall drain and backfill the pipe in the manner prescribed by the approved plans and specifications. (Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-303b…

Dams; plans and specifications. The plans required by K.S.A. 82a-302, and amendments thereto, to construct, repair, or modify a dam shall include sufficient views to show all features in three dimensions and in suf- ficient detail to instruct a competent contractor to construct, …

Hazard classes of dams. (a) The hazard classes of dams shall be determined from the following based on the location of the dam, the hazards found within the inundation area, and the impact of a failure of a dam: (1) A “hazard class A dam” shall mean a dam located in an area where…

Class sizes of dams. (a) Each dam that the chief engineer has authority to regulate pursuant to K.S.A. 82a-301 et seq., and amend- ments thereto, with an effective height of less than 25 feet and an effective storage of less than 50 acre-feet shall be considered to be a class siz…

Design requirements for con- struction of a dam. Each dam constructed shall meet or exceed the design requirements specified in the table in this regulation. The minimum top of the dam elevation shall be the maximum wa- ter surface elevation determined by routing the design storm…

Detention storage. (a) To deter- mine the minimum required detention storage, the applicant shall show that the computed runoff from the detention storm can be stored in the res- ervoir and discharged through the primary spill- way without any flow being discharged through the au…

Dam breach analysis. A dam breach analysis shall be conducted on each pro- posed dam as specified in this regulation. If a dam breach analysis is required for an existing dam, the analysis shall be conducted in the same manner as that specified in this regulation for a proposed d…

Request to issue or reconsider hazard class determination. (a)(1) If an owner or applicant does not agree with the hazard classi- fication determined for a dam, the owner or appli- cant may file a request for reconsideration of the hazard class determination. (2)Eachrequestforrec…

Benchmarks. (a) At least two per- manent benchmarks shall be installed for future reference at each dam. Each benchmark shall be located according to the following criteria: (1) In an area where the benchmark will not be disturbed, destroyed, or inundated after the dam is complet…