Kansas Administrative Code

(Authorized by L. 2004, ch. 123, sec. 133; implementing K.S.A. 2004 Supp. 2-1915, K.S.A. 2-1919, and L. 2004, ch. 123, sec. 133; ef- fective March 11, 2005; revoked Dec. 23, 2005.) 11-11-3 to 11-11-7. (Authorized by L. 2004, ch. 123, sec. 133; implementing K.S.A. 2003 Supp. 2-191…

Definitions. (a) “Active vested or certified water right” means a vested water right or currently certified appropriation water right that was put to lawful beneficial use in at least six out of thelast10calendaryearsofactualirrigation,includ- inganywaterusethatoccurredbeforecert…

Eligible areas. (a) Each eligible area shall meet one of the following criteria: (1) The board of the GMD has designated the area as a target area, and this designation has been approved by the chief engineer. Each eligible area within a GMD shall require a formal action by the b…

Application and review. (a) The application periods for the program shall be Oc- tober 1 through November 15 and February 15 through March 31. (b) Notification of the program shall be pub- lished in the Kansas register before each applica- tion period. (c) The program procedures …

Payment. (a) Each water right owner shall sign a water right transition assistance grant agreement before payment is made by the division. Each grant agreement shall include the following provisions: (1) The price to be paid by the division to the water right owner for the dismis…

Transition to dry land. (a) If land that will no longer be irrigated is to be planted, under this program, to permanent vegetation in- cluding warm or cool season grasses, the chief en- gineer may be requested by the division to condi- tion the dismissal of the associated water r…

Dismissal or permanent reduc- tion of water right. (a) Each water right or partial water right for which payment is received from the program shall be dismissed or perma- nently reduced by the chief engineer, and the pri- ority of the water right or that portion of the water righ…

Petition for reconsideration. (a) Any water right owner may request reconsider- ation of any decision of the division by filing a pe- tition for reconsideration. (b) Each petition for reconsideration shall be submitted in writing to the division within 30 cal- endar days of the d…

Definitions. Each of the follow- ing terms, as used in this article of the division of conservation’s regulations, shall have the meaning specified in this regulation: (a) “Bottomland timber establishment” means the trees planted in floodplains adjacent to pe- rennial streams to …

Initiative requirements for new applications; funds for existing contracts. On and after the effective date of this regulation, all new applications for the initiative shall be required to meet the requirements in this article of the di- vision of conservation’s regulations. Thes…

Selection of applicants for initia- tive.Fundingmaybedistributedtoinitiativeappli- cants for proposed projects that meet the eligibility requirementsspecifiedinK.S.A.2-1915andK.S.A. 2017 Supp. 2-1933, and amendments thereto, and the director’s requirements as follows: (a) Land sh…

Haying and grazing. Any eli- gible initiative applicant that is authorized to hay or graze, or both, pursuant to an existing CRP contract may conduct these activities upon initiative-eligible land without penalty. (Autho- rized by K.S.A. 2016 Supp. 2-1915; implementing K.S.A. 201…

Practices eligible for incentive payments. (a) Any of the following practices may be eligible for incentive payments: (1) Grassed waterways; (2) shallow water areas for wildlife; (3) filter strips; (4) riparian buffers; (5) wetland restorations; (6) improvements to farmable wetla…

Incentive payments; refunds. (a) Incentive payments under the initiative shall be made on a one-time basis coinciding with enroll- ment in the CRP. Each incentive payment shall be an upfront payment on all eligible acres enrolled. (b) Incentive payments shall not exceed the fol- …

Definitions.(a)“Appurtenantworks” means the following: (1) The primary spillway; (2) other conduits through a dam; (3) valves; (4) the auxiliary spillway; (5) the service spillway; (6) the stilling basin; (7) any constructed outlet channel; 576 DEPARTMENT OF AGRICULTURE—DIVISION …

Inspection. The district shall con- duct an annual operation and maintenance in- spection of each completed new or rehabilitated state-funded structure and shall file an inspection reportonaformprovidedbythecommission.The district shall submit a copy of the inspection re- port to…

Application for rehabilitation. (a) Any organized watershed district, drainage district, other special-purpose district, or other dam owner as authorized by the legislature that is interested in state assistance may apply for state cost-share assistance funds appropriated for the…

Application for financial assis- tance for inundation area mapping. (a) Any organized watershed district, drainage district, other special-purpose district, or other dam own- erauthorizedbythelegislaturemayapplyforstate financial assistance for inundation area mapping. Each appli…

Application for construction. (a) Any organized watershed district, drainage dis- trict, or other special-purpose district interested in state assistance may apply for state cost-share assistance funds appropriated for the construction of detention dams and grade stabilization da…

Permit to construct or rehabili- tate. Before the allocation of funds to any project and before any district advertises for bids, the dis- trict shall submit the following to the commission: (a) A copy of the permit to construct or rehabil- itate, as issued by the chief engineer;…

Allocation of funds. (a) An evalu- ation of applications shall be made by the com- mission to determine the priority ranking for all proposed projects. In addition, an amount that is contingent on appropriations shall be determined for projects in each district and other dams as …

Contract. (a) Each contract shall be a fund-obligating document and shall include the contractual provisions required by the commis- sion and the state. (b) Any contract not completed by the end of the fiscal year in which appropriation was made may be extended upon written reque…

Partial payments. Partial payments of appropriated funds shall be made to the district no more often than once each month. Each partial payment shall be requested on a form furnished by the commission. All partial payments shall be documented by construction or rehabilitation pro…

Notification of completion. (a) The district shall notify the commission and the chief engineer when the district’s approved project is complete and ready for final inspection. (b) The notification to the commission shall in- clude the following: (1) The date of completion of the…

Alterations to project plan. Each alteration of or change order regarding any orig- inal construction or rehabilitation plan shall re- quire the prior approval of the chief engineer and notification to the commission. (Authorized by K.S.A. 2-1904, K.S.A. 2005 Supp. 2-1915, and L.…

Supplemental application proce- dures. Each supplemental request of funds for costs of construction or rehabilitation and engi- neering costs exceeding the approved funding shall be submitted on a form supplied by the com- mission. (Authorized by K.S.A. 2-1904, K.S.A. 2005 Supp. …

Definitions. (a) “Authorized repre- sentative” means the individual designated by the sponsor to be responsible for all correspondence. The authorized representative shall be the point of contact for the proposed project. (b) “Bathymetric survey” means a survey re- cording the wa…

Notification of completion. (a) The sponsor of a construction project shall noti- fy the commission and the chief engineer when the project is completed and ready for final certi- fication by the chief engineer. The notification of completion shall be submitted on a form supplied…

Modifications to construction or renovation plan. Each modification of the orig- inal construction or renovation plan shall require the prior approval of the chief engineer and noti- fication to the commission. (Authorized by K.S.A. 2005 Supp. 82a-1602 and K.S.A. 82a-1607; imple-…

Amendment to costs of project. (a) The sponsor shall notify the commission of all increases in costs and of all proposed additions to, deletions from, and modifications of the project. (b) The sponsor may submit an amendment to the application for state funds to the commission fo…

Maintenance. The sponsor shall provide maintenance of the completed structure throughout its designed life or useful life, which- ever is longer. The sponsor shall implement correc- tive maintenance or repair when needed. (Autho- rized by K.S.A. 2005 Supp. 82a-1602 and K.S.A. 82a…

Annual inspection. The sponsor shall ensure that an annual operation and main- tenance inspection of the completed structure is made. The inspection shall be made by a person experienced in dam operation and maintenance. The sponsor shall submit a copy of the operation andmainten…

Eligible components of renova- tion projects. The eligible components of a ren- ovation project shall include the following: (a) Engineering; (b) repair of embankments; (c) construction of silt basins; (d)mobilizationanddemobilizationofequipment; (e) excavation; (f) removal of se…

Testing and disposal of sedi- ment from reservoir. The testing of sediment by the sponsor may be required by the commission before or during excavation, or both. The sponsor shall be required to have one or more sufficient sediment storage basins for the disposal of exca- vated m…

Phase I letter of interest. (a) Each prospectivesponsorofnewconstructionshallsub- mit a phase I letter of interest to the commission to determine if the proposed project will qualify for the program. The letter of interest shall be submittedonaformfurnishedbythecommission. (b) In…

Phase II letter of intent.(a)(1)Any sponsor may submit a phase II letter of intent fol- lowing receipt of a letter from the commission ac- knowledging that the proposed project is eligible for possible funding. The letter of intent, submit- ted on a form furnished by the commissi…

Review process. (a) The agencies reviewing each phase II letter of intent shall in- clude the following: (1) Kansas department of health and environ- ment; (2) division of water resources, Kansas depart- ment of agriculture; (3) Kansas department of wildlife and parks; (4) Kansas…

Funding. Each project recommend- ed for funding through the review process and approved by the commission shall be included as a line item in the commission’s budget request. (Authorized by L. 1985, Ch. 342, Sec. 2; imple- menting L. 1985, Ch. 342, Sec. 2 and 7; effective, T-86-4…

Phase III application. (a) After funds have been appropriated by the legislature for a project, the sponsor shall submit to the com- mission a phase III application. The application shall be submitted on a form furnished by the commission. (b) The sponsor shall be responsible for…

State contract. (a) Each contract between the commission and the sponsor shall in- clude the contractual provisions required by the commission and the state. (b) Any contracts not completed by the end of the fiscal year in which appropriation was made may be extended by the commi…

Procedures. (a) Each engineering plan submitted to the chief engineer shall reflect economical design and shall conform to or exceed theconstructionrequirementsofthechiefengineer. (b) Each sponsor shall have acquired fee sim- ple title or any other estate or interest in the site …

Partial payments. (a) Partial pay- ments of appropriated state funds shall be made by the commission to the sponsor no more of- ten than once each month. Each partial payment shall be requested by the sponsor on a form fur- nished by the commission. All claims shall be documented…

Definitions.(a)“Commission”means the state conservation commission. (b) “Land treatment” means structures or con- servation practices that constitute viable methods of erosion abatement or sediment and pollution control. (c) “Letter of interest” means an initial written request f…

Eligible components of projects. The eligible components of a project shall include the following: (a)Engineering,includingprojectdesign,plans, and specifications; (b) repairs of the structure and its appurtenant works; (c)mobilizationanddemobilizationofequipment; (d) dredge and …

Letter of interest. (a) Each pro- spective sponsor shall submit a letter of interest to the commission to determine if the proposed project is eligible for consideration for funding. The letter of interest shall be submitted on a form furnished by the commission. (b) In the lette…

Letter of intent. (a) Any sponsor may submit a letter of intent following receipt of a letter from the commission acknowledging that the proposed project is eligible for consideration for funding. The letter of intent, submitted on a form furnished by the commission, shall includ…

Restoration plan. (a) Each resto- ration plan shall consist of the following: (1) Restoration scope; (2) design plans and specifications; (3) watershed protection plan, if applicable; (4) cost estimates; (5) project schedule; and 584 DEPARTMENT OF AGRICULTURE—DIVISION OF CONSERVA…

Review process. (a) Each letter of intent shall be reviewed by the environmental review agencies listed in K.S.A. 82a-326(b) and amendments thereto. (b) Prioritization of projects shall be based on the following: (1) The current use of the water; (2) the population served; (3) th…

Definitions. (a) “Animal unit” means adefinedunitofmeasurementtodeterminetheap- plicability of state and federal regulations and pol- lution potential of a confined feeding facility as de- fined by K.S.A. 65-171d, and amendments thereto. (b) “Applicant” means a landowner or legal…

Cancellation of funds. (a) A status report of all active NPS contracts and each dis- trict’s uncommitted balance shall be prepared by the commission on or after June 1 and shall be provided to each district. (b) Cost-share funds uncommitted and not un- der contract at the close o…