Kansas Administrative Code

(Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-303; effective May 1, 1987; amended April 27, 1992; revoked Sept. 22, 2000.)

Stream obstruction; temporary structure. A temporary structure shall not re- quire a stream obstruction permit from the chief engineer pursuant to K.S.A. 82a-301 et seq. and amendments thereto if it meets all of the follow- ing criteria: (a) The structure is temporary in nature. …

Determining the peak discharge of a one percent-chance storm. In determining the flow magnitude of a design storm, the appli- cant shall use one of the following methods. (a) For drainage areas of less than 640 acres, use of the rational formula shall be acceptable. The rational …

Sand dredging operation; plans and specifications. Plans for a sand dredging op- eration from a stream shall include: (a) A general location map or aerial photograph showing the stream, location of the proposed sand dredging operation, section lines, property lines with names and…

Sand dredging; buffer zone. There shall be a buffer zone of not less than 500 feet between dredging operations, and between dredging operations and all bridges. There shall be a buffer zone of 300 feet between dredging operations and buried pipeline or cable crossings. There shal…

Sand dredging; operation. In coun- ties at locations where bank lines have been estab- lished on designated streams pursuant to K.S.A. 82a-307, materials shall be removed only between establishedbanklines.Thechiefengineer,forgood cause, may allow excavation or removal of material…

Sand dredging; operations con- flicting. If more than one operator proposes to operate within a given reach of a private stream, then all conflicting applicants shall be required to submit proof of easements or other legal author- ity to operate. If more than one operator propos-…

Sand dredging; operation setback. Sanddredgingoperationslocatedoutsidethechan- nel of a stream shall be set back a minimum of 50 feet from the bank of the channel. There shall be a minimum slope on the sand plant side of not greater than one foot vertical to four feet horizon- ta…

Floodplain management; defini- tions. As used in these regulations, K.S.A. 12-766, and by the division of water resources in adminis- tering K.S.A. 12-766, unless the context clearly re- quires otherwise, the following words and phrases shall have the meaning ascribed to them in …

Floodplain management; condi- tions for application for approval. Before for- mal adoption by the governing body of any zon- ing regulation that establishes a floodplain zone or district, or regulates the development within a floodplain zone or district, the governing body shall …

Floodplain management; applica- tion for approval of zoning regulations; time limit. (a) The application for approval of zoning regulations shall consist of: (1) a letter which: (A) requests approval by the chief engineer un- der K.S.A. 12-766 on a proposed effective date, which …

Floodplain management; zoning regulations; minimum standards and crite- ria. Any zoning regulation which regulates devel- opment of floodplains shall include the following minimum standards and criteria: (a) Flood hazard areas shall be identified as follows: (1) The flood hazard …

Floodplain management; vari- ance procedures. Any floodplain management zoning regulations shall include procedures for the approval of a variance to the floodplain man- agement zoning regulations. The procedures shall stipulate the criteria for a variance and speci- fy when a va…

Floodplain management; waiver or stricter requirements. (a) The chief engi- neer may waive any of the regulations adopted under this article if it is shown to the satisfaction of the chief engineer that waiver of the regulation will not pose a hazard to the public safety and that…

Certification of elevations. Any elevation required to be certified to meet the re- quirements of this article of regulations may be certified by either a licensed land surveyor or a licensed professional engineer. (Authorized by and implementing K.S.A. 2006 Supp. 12-766; ef- fec…

Levees and floodplain fills; defi- nitions. As used in K.S.A. 24-126 and amend- ments thereto, in the regulations adopted pur- suant to that statute, and by the division of water resources in administering K.S.A. 24-126 and amendments thereto, unless the context clear- ly require…

Levees; design criteria. Design for levees shall meet or exceed the following crite- ria: (a) Class A levee—the levee shall safely repel the appropriate design storm. (b) Class B levee—the levee shall safely repel at least the ten year design storm. (c) Class C levee—the levee sh…

Levees; freeboard require- ments. (a) Levees not within a floodway designat- ed by the chief engineer are required to have the following freeboard: Design flood frequency Freeboard required 10 years 1 foot 25 years 2 feet 50 years or more 3 feet (b) Levees constructed within a fl…

Levees and floodplain fills; set- back. Except for highway and road crossings of streams, the minimum setback distance from the top of the stream bank to the nearest toe of the levee or the edge of the floodplain fill shall be 100 feet, or twice the width of the stream measured f…

Levees; floodplain fills; unrea- sonable effect. (a) Except as set forth in subsec- tion (b), no plans for any levee or floodplain fill that has an unreasonable effect on another shall be approved by the chief engineer. An unreason- able effect caused by a levee or floodplain fil…

Levees and floodplain fills; hy- drologic and hydraulic analysis. (a) The ap- plicant shall submit a hydrologic and hydraulic analysis for every levee and floodplain fill project except floodway fringe fill projects and those levee projects and floodplain fill projects not identi…

Floodplain fills; design criteria. Floodplain fills shall meet or exceed the follow- ing design criteria: (a) The sideslopes shall not be steeper than one vertical to three horizontal, unless the applicant submits data and analysis to show that a steeper slope will be stable. (b)…

Floodplain fills; disapproval. (a) A levee or floodplain fill should not have an unrea- sonable effect on adjacent landowners, be adverse to the public interest and environmental concerns or lack required environmental mitigation. (b) Within six months of the disapproval, the app…

Exemption—f loodway fringe fills. Floodway fringe fills are exempt from ap- plying for and obtaining approval from the chief engineer if: (a) they are: (1) up to 1600 cubic yards in size; (2) with a maximum height of two feet; (3) more than 100 feet away from other flood- plain f…

Floodplain fills; incidental to bridge and culvert replacement projects. Each floodplain fill constructed incidental to a bridge or culvert replacement project that oth- erwise meets the requirements of K.A.R. 5-46-1 shall be considered to have the necessary approval of plans pur…

Unconsolidated material stor- age stockpiles and safety berms. Except as provided in K.A.R. 5-45-21 and K.A.R. 5-45-22, the prior written approval of the chief engineer shall be required before placing an unconsolidat- ed material storage stockpile in a floodplain or constructing…

Levees and floodplain fills; plans and specifications. Plans for a levee or a flood- plain fill must be submitted on clearly legible prints (maximum size 24 inches by 36 inches) of the original tracings which are capable of repro- duction. Plans for a levee or a floodplain fill s…

Application to place an uncon- solidated material storage stockpile or safety berm. (a) In lieu of the maps, plans, profiles, data, and specifications required for other floodplain fills, each request for approval to place an uncon- solidated material storage stockpile (UMSS) or …

Safety berm. A safety berm shall not be deemed a levee or any other such im- provement subject to regulation pursuant to K.S.A. 24-126, and amendments thereto, if the safety berm meets one of the conditions in sub- section (a) and all of the requirements in sub- section (b). (a)(…

Unconsolidated material stor- age stockpile. An unconsolidated material stor- age stockpile (UMSS) may exist in a floodplain without the approval of the chief engineer if the UMSS meets one of the conditions in subsection (a) and all of the requirements of subsection (b). (a)(1) …

Use of geometric analysis. (a) (1) A geometric analysis shall not be used if any existing or proposed levees or floodplain fills are 457 General Permits 5-46-1 located, or proposed to be located, within the lesser of the following distances measured from the boundaries of the pro…

Levees and floodplain fills; speci- fications. The specifications for levees and flood- plain fills shall be prepared on 8½ by 11 inch sheets of a good grade of white bond paper. The specifications shall be in sufficient detail to assure that the works will be properly executed a…

Levees and floodplain fills; pre- parer of maps, plans, profiles, and specifi- cations. In addition to the requirements of the Kansas board of technical professions, the follow- ing requirements shall apply: (a) Each map, plan, profile, and specification submitted to the chief en…

Levees; waiver and stricter re- quirements. The chief engineer may waive any of the regulations adopted under this article if it is shown to the satisfaction of the chief engineer that the waiver of the regulation will not pose a hazard to the public safety and that the waiver is…

Levees and floodplain fills; other maps, plans, profiles, data and specifications. The applicant shall also submit any other maps, plans, profiles and specifications of the levee or floodplain fill project and any other data which the chief engineer may require. (Authorized by an…

Levees and floodplain fills; appli- cation. (a) The application for approval of plans to construct a levee or floodplain fill shall be filed on the form(s) prescribed by the chief engineer, including application supplements, and shall be completed in proper form according to the …

Levees; hazard classes. The fol- lowing levee hazard classes are established: (a) Class A levee–failure of levee may allow damage to farm buildings, limited agricultural grounds or private roads. 453 Design of Levees 5-45-13 (b) Class B levee–failure of levee may endan- ger exten…

Levees; design storm flow deter- mination. (a) In determining design storm flow magnitude, the applicant shall use an accepted engineering method. (b)Fordrainageareasoflessthan2squaremiles the following methods are acceptable, where ap- propriate: (1) The rational formula for flo…

General permits; bridge and cul- vert replacement projects. (a) Except as pro- vided in subsection (e), the construction of any bridge or culvert replacement project with a wa- tershed of 2,560 or more acres in zone one, 3,840 ormoreacresinzonetwo,and5,120ormoreacres in zone thre…

General permits; sand and gravel removal operations. (a) Before the commence- ment or continuation of any sand or gravel remov- al from a site with a drainage area of 50 or more square miles above the site, the removal operation shall meet the criteria in subsection (c) of this r…

General permits; pipeline cross- ings. (a) Before the construction of any pipeline or buried cable crossing of a stream having 50 or more square miles of drainage area above the proposed project site, the project shall meet the requirements of subsection (c) of this regulation. B…

Filing an application for change.(a) An application for approval to change the place of use, the point of diversion, the use made of water, or combinations thereof, filed pursuant to K.S.A. 82a-708b and amendments thereto, shall be made on a form prescribed by the chief engineer …

Partial changes in the use made of water from irrigation to another type of beneficial use of water. (a) If an irrigation right is to be divided and only a portion of the rate and quantity will be changed to a different beneficial 319 5-5-11 Changes in Water Use Under an Existing…

Applications for change in place of use for irrigation purposes. (a) For the pur- pose of this regulation, “base acreage” means: (1) the maximum number of acres actually le- gally irrigated in any one calendar year on or be- fore December 31, 1994 if the perfection period expired…

Net irrigation requirements (NIR). The following amounts shall be used as the net irrigation requirements (NIR). County 50% Chance 80% Chance Rainfall Rainfall Allen 7.1"= 0.59' 9.9"= 0.83' Anderson 6.1"= 0.51' 9.4"= 0.78' Atchison 7.2"= 0.60' 10.3"= 0.86' Barber 12.6"= 1.05' 14.…

Relocation of alluvial wells. (a) If an authorized point of diversion is a well that has as its source of supply an alluvium in a reach of a basin that is fully appropriated or closed to new appropriations, the approval of a change in point of diversion, and any subsequent approv…

Duties of owners of approvals of applications and water rights. (a) All of the owners of an approval of application or a water right shall be responsible for taking all legally re- quired actions necessary to maintain the validity of the approval of application or water right, in…

Additional wells. (a) An application to change a point of diversion by adding an addi- tional point of diversion to divert groundwater, by either constructing a new well or moving a portion of a water right to a well that has previously been authorized by the chief engineer, shal…

(Authorized by K.S.A. 82a-706a; im- plementing K.S.A. 82a-708b; effective May 1, 1980; revoked May 1, 1983.)

Complete change application. (a) An application to change a water right pursuant to K.S.A. 82a-708b, and amendments thereto, shall be considered to be a “complete application,” if the application completely and accurately meets all of the requirements specified in this regulation…