Kansas Administrative Code

(g) If the application proposes to add one or more additional wells in accordance with the pro- visions of K.A.R. 5-5-16, the applicant shall sub- mit all tests, data, and information required by that regulation. (h) If there is an issue as to whether the water right for which th…

(Authorized by K.S.A. 82a-706a; im- plementing K.S.A. 82a-708b; effective May 1, 1980; revoked May 1, 1981.)

Signatures required on change ap- plications. If more than one person is the owner of a water right, and an application is filed for a change in the place of use, point of diversion, use made of the water, or any combination thereof, only the signature(s) of the landowner(s) whos…

Failure to construct diversion works at authorized location. (a) If an application to appropriate water for beneficial use is approved by the chief engineer, the location of the point of diversion shall be limited to a specific tract of land and to within 300 feet of a point iden…

Authorized point of diversion or place of use. (a) If a point of diversion or place of use meets the following conditions, the autho- rized location shall be administratively corrected by the chief engineer to the more accurate loca- tion and the owner notified of this action: (1…

Waste of water. Each person shall not commit a waste of water as defined in these regulations. Upon a finding by the chief engineer that waste of water has occurred, the chief engi- neer may suspend use of that water right until the owner shows to the satisfaction of the chief en…

Standards for approval of an appli- cation for a change in the place of use and a change in the use made of water. (a) Each application for a change in the place of use or the use made of water which will materially injure or adversely affect water rights or permits to ap- propri…

Approval of application for change in the use made of water from irrigation to any other type of beneficial use of water. (a) The approval of a change in the use made of wa- ter from irrigation to any other type of beneficial use of water shall not be approved if the change will …

Definitions. As used in these rules andregulations,unlessthecontextclearlyrequires otherwise: (a) “Application” means the document, made on the prescribed form furnished by the chief engineer, to request a permit to transfer wa- ter. The application shall be filed in the office o…

Requirements for application. To be complete, a water transfer application shall show the following: (a) the name and mailing ad- dress of the applicant; (b) the maximum quantity of water proposed to be transferred in a calendar year and the proposed maximum diversion rate; (c) t…

(Authorized by K.S.A. 82a-1506; im- plementing K.S.A. 1995 Supp. 82a-1503; effective May 1, 1984; revoked Dec. 27, 1996.)

Emergency use. When a tempo- rary emergency transfer of water has been ap- proved, the chief engineer shall: (a) Require the applicant to compile and submit records, as necessary, regarding the daily rate and quantity of water transferred and any other information pertinent to th…

Emergency transfer of water. If the emergency causing the necessity for the transfer of water continues beyond one year, the person requesting the transfer may only file another new application for transfer for emer- gency use. This new application shall state the need for the wa…

Authority of the chief engineer. Allemergencytransfersofwatershallbereviewed by the chief engineer to determine whether the applicant complied with the terms, conditions, and limitations of the emergency transfer approv- al. (Authorized by K.S.A. 82a-1506; implement- ing K.S.A. 1…

Filing an application. Unless this requirement is waived by the chief engineer for 461 Water Transfers 5-50-8 good cause, a water transfer application shall not be considered complete until one of the follow- ing has been approved contingent upon receiv- ing a permit to transfer …

Selection of hearing officer. (a) The panel shall mail notices to, and request nom- inations for a hearing officer from: (1) the applicant; (2) entities in the area or basin where the po- tential point or points of diversion are located; and (3) the commenting agencies. (b) The p…

Application proposing storage, contents. Any person intending to store water may make application to the chief engineer in the same manner as any other person making application for permit to appropriate water for beneficial use. The application shall set forth the same general i…

Authorized place of use for stored surface water. The approval of application shall limit the authorized place of use to the actual lo- cation where the water will be put to beneficial use. If the authorized use is for recreational use within the reservoir only, the authorized pl…

Reasonable rate of diversion for storage of surface water in a reservoir. Each approval of application shall limit the rate of di- version for storage of surface water in a reservoir to all natural flows not necessary to satisfy all of the following: (a) Senior water rights; (b) …

Average annual precipitation. (a) The Kansas department of agriculture, division of water resources’ map titled “normal annual pre- cipitation, by township, 1961-1990,” dated Sep- tember 29, 1999, is hereby adopted by reference for the purpose of determining average annual precip…

Water level measurement tube specifications. (a) The Kansas department of ag- riculture, division of water resources’ document titled “specifications for water level measurement tube,” dated November 5, 1999, is hereby adopt- ed by reference. (b) If a water level measurement tube…

Check valve specifications. The Kansas department of agriculture, division of wa- ter resources’ document titled “check valve speci- fications,” dated March 14, 2003, is hereby adopt- ed by reference. (Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a-706, K.S.A. 82a-706a, a…

Irrigation with effluent from a confined feeding facility lagoon. An individual who irrigates with effluent pumped from a con- fined feeding facility lagoon or runoff retention pit shall not be required to have an approval of application pursuant to K.S.A. 82a-701 et seq. and ame…

Drainage basin boundaries. (a) The following electronic data files, all dated Feb- ruary 14, 2002, prepared by the division of water resources, Kansas department of agriculture, us- ing data developed by the United States geolog- ical survey and the natural resource conservation …

Storage of water in watershed dis- trict reservoirs. (a) Each person filing an appli- cation for a permit to appropriate water for ben- eficial use and proposing to store the water in a watershed district reservoir shall submit one of the following with the application: (1) A cop…

Potential net evaporation. (a) The Kansas department of agriculture, division of water resources’ map titled “potential net evap- oration, in inches, for Kansas,” dated September 6, 1996, is hereby adopted by reference for the purpose of determining potential net evaporation from…

Determination of potential annual runoff. (a) Unless the applicant for an approval of application supplies, or the chief engineer has available, better or more site-specific data, the potential annual runoff shall be determined using the following: (1) A 20 percent chance of occu…

Maximum reasonable annual quan- tity for storage of water for beneficial use in a reservoir. The maximum reasonable annual quantity of water that may be authorized for ap- propriation by the chief engineer for diversion and storage in a reservoir shall be limited to the lesser of…

Initial filling and refilling of a reser- voir. (a) The initial filling of a reservoir that has a capacity that exceeds the maximum annual quanti- ty of water authorized shall be authorized by a spe- cial condition on the approval of application. 326 DEPT. OF AGRICULTURE—DIVISION…

Determination of average annual potential net evaporation loss. The average annual potential net evaporation loss shall be de- termined by multiplying the surface area of the reservoir at the top of the reservoir capacity times the value for average annual potential net evapo- ra…

Determination of average annual seepage loss from a reservoir. Average annual seepage loss from a reservoir shall be determined by the chief engineer based on relevant, credi- ble information furnished by the applicant. If no relevant, credible information is supplied by the appl…

Administration of surface water stored in a reservoir. Water lawfully stored within any reservoir authorized to store water for subsequent beneficial use shall not be subject to administration unless senior water right holders downstream of the reservoir make an appropriate reque…

Due and sufficient cause for non- use. (a) Each of the following circumstances shall be considered “due and sufficient cause,” as used in K.S.A. 82a-718 and amendments thereto: (1) Adequate moisture from natural precipita- tion exists for the production of grain, forage, or speci…

Waiver of hearing.Theownerofawa- ter right may waive any hearing on the questions of abandonment and termination of such right by letter to the chief engineer requesting that it be terminated and its priority forfeited. In the event of such waiver the chief engineer shall cause t…

(Authorized by K.S.A. 82a-706a; mod- ified, L. 1978, ch. 460, May 1, 1978; revoked May 31, 1994.)

Water rights conservation pro- gram; tier 1. (a) Applications for enrollment in the water rights conservation program (WRCP) received on or before December 31, 2009, shall be considered for enrollment in the program as tier 1 applications. Enrollment in tier 1 of the WRCP approve…

Conservation reserve program. (a) Enrollment of all, or part of, the authorized place of use in the conservation reserve program (CRP) shall not be considered good cause to ex- tend the time to construct the diversion works. (b)Ifanauthorizedplaceofusehasbeenplaced into the CRP a…

Water rights conservation pro- gram; tier 2. (a) Each application for enrollment in the water rights conservation program (WRCP) received on or after July 1, 2011, shall be consid- ered as a WRCP tier 2 application. (b) Enrollment of a water right in tier 2 of the WRCP shall be b…

Reduction of an existing water right. (a) In order to have an approval of applica- tion or water right reduced, the water right owner may file, at any time, a request to reduce any of the following: (1) The authorized maximum annual quantity of water; (2) the authorized maximum r…

Certification of a water right. Prior to the issuance of a certificate of appropriation by the chief engineer pursuant to an application un- der which water has been applied to the land of more than one owner, these landowners shall be allowed an opportunity to submit to the chie…

(Authorized by K.S.A. 82a-706a; im- plementing K.S.A. 82a-712 and 82a-714; effective May 1, 1980; revoked May 1, 1981.)

Perfection; multiple water rights. (a) The total maximum annual quantity of water that can be perfected by all water rights autho- rized to divert water to the same authorized place of use, shall be limited to the maximum quantity of water actually physically and legally diverted…

Construction of diversion works. (a) A reasonable period of time for construction of diversion works shall be not less than one full year following the approval of the application to appropriate water. If a person demonstrates that a reasonable long-term schedule for development …

Perfection of a water right. (a) Ex- cept for municipal use, a reasonable period of time to perfect a water right shall be no fewer than four full calendar years following the dead- line for construction of the diversion works. If the time to construct the diversion works is exte…

Extensions of time to perfect a wa- ter right. (a) For all beneficial uses of water, ex- cept municipal use, the total time to perfect the water right, including extensions of time, shall not exceed 10 years after the calendar year in which the diversion works were required to be…

Owner required to allow chief en- gineer to conduct timely field inspection for certification. (a) In order to allow the chief engi- neer to conduct a timely field inspection to certify a water right, the owner of an approval of applica- tion shall perform the following: (1) Oper…

Application for temporary permit acceptable for filing. To be acceptable for fil- ing, an application for temporary permit to ap- propriate water for beneficial use shall meet the following requirements: (a) Be made on the form prescribed by the chief engineer; (b) be signed by t…

Application fee for a temporary permit. The fee for an application for a tempo- rary permit or extension of a temporary permit shall be twenty-five dollars ($25.00). This regu- lation shall be effective on and after September 1, 1982. (Authorized by K.S.A. 82a-727; effective, T-8…

Documentation of access to source of water supply for temporary per- mit. Before approval of a temporary permit, the applicant shall show that permission for access to the source of water supply has been obtained from the landowner or landowners of the proper- ty where the propos…

Term permit application. Each application for a term permit shall meet the fol- lowing requirements: (a) Be submitted on a form prescribed by the chief engineer; and (b)beaccompaniedbythefeeforanynewapplica- tiontoappropriatewaterforbeneficialusespecified in K.S.A. 82a-708a(b), a…