Kan. Admin. Regs. § 11-12-1 - 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 the last 10 calendar years of
actual irrigation, including any water use that occurred before
certification.
(b) "Chief engineer " means chief engineer of the division of
water resources, Kansas department of agriculture.
(c) "Closed to new appropriations " and "closed to further
appropriations" mean that the chief engineer has issued a formal findings and
order or has adopted a regulation and that either the formal findings and order
or the regulation prevents the approval of new applications to appropriate
water except for domestic use, temporary permits, term permits for five or
fewer years, and small use exemptions for 15 acre-feet or less, if the use,
permit, or exemption does not conflict with this program.
(d) "Commission " means state conservation commission , which
serves as the division's conservation program policy board created by
K.S.A.
2-1904, and amendments thereto, within the
department of agriculture.
(e) "Consumptive use " means the gross diversions minus the
following:
(1) The waste of water, as defined in
K.A.R.
5-1-1 ; and
(2) the return flows to the source of water supply in the
following ways:
(A) Through surface water runoff that is not waste; and
(B) by deep percolation.
(f) "Division " means division of conservation, Kansas
department of agriculture.
(g) "Dry land transition plan " means a plan submitted by an
applicant describing how the use of dry land crops or permanent vegetation,
including warm season grasses and cool season grasses, or both uses, will be
established on land that was previously irrigated. If permanent vegetation will
be established on land that was previously irrigated, the plan shall meet the
following requirements:
(1) Specifically describe the amount and timing of any
irrigation that will be necessary to establish this cover; and
(2) not exceed three calendar years.
(h) "Eligible water right " means a water right that meets all
of the following criteria:
(1) The water right is an active vested or certified water
right that has not been abandoned and is privately owned.
(2) The water right has been verified by the chief engineer as
being in a target area that is in need of aquifer restoration or stream
recovery and is closed to new appropriations of water by the chief engineer ,
except those for domestic use, temporary permits, term permits for five or
fewer years, and small use exemptions for 15 acre-feet or less, if the use,
permit, or exemption does not conflict with this program.
(3) The state's dismissal of the water right would have a net
reduction in consumptive water use of the aquifer or stream designated for
restoration or recovery by the chief engineer .
(4) The point of diversion is located within a target
area.
(i) "Groundwater management district " and "GMD" mean any
district created by
K.S.A.
82a-1020 et seq., and amendments
thereto.
(j) "High-priority area " means a geographic area that meets the
following conditions:
(1) Is designated by one of the following:
(A) A groundwater management district and the chief engineer ,
if the area is within the boundaries of a ground-water management district;
or
(B) the chief engineer , if the area is outside the boundaries
of a groundwater management district; and
(2) is located within a target area that has been delineated
for the purpose of ranking any applications being received for grant funding
approval in the water right transition assistance program.
(k) "Historic consumptive water use retirement goal " means the
total quantity of historic consumptive water use necessary to be retired to
meet the goal of the water right transition assistance program in each target
area. The identification of a historic consumptive water use retirement goal in
each target area provides a reference point for evaluating the program
objectives of the water right transition assistance program. The attainment of
a historic consumptive water use retirement goal in a particular target area
indicates that no more water right transition assistance program funds should
be expended in that target area without a requantification of the historic
consumptive water use retirement goal.
(l) "Local entity " means any political subdivision chartered to
address water conservation.
(m) "Partial water right " means a portion of a water right that
will be formally and permanently reduced from a water right by the chief
engineer upon approval of an application for enrollment based on the agreement
of all of the owners of the water right. Before enrollment of the partial water
right, the chief engineer shall determine the net historic consumptive water
use that was associated with each portion of the beneficial use of the water
right being considered. At the time of enrollment of the partial water right,
the owner shall reduce the quantity remaining under the portion of the water
right not being enrolled in the water right transition assistance program and
any overlapping water rights to the net consumptive use requirement associated
with the remainder of the operation.
(n) "Secretary " means secretary of agriculture or designee of
the secretary .
(o) "Water right " means any vested right or appropriation right
under which a person may lawfully divert and use water. A water right is a real
property right appurtenant to and severable from the land on or in connection
with which the water is used. The water right passes as an appurtenance with a
conveyance of the land by deed, lease, mortgage, will, or other voluntary
disposal, or by inheritance.
(p) "WTAP " and "program" mean water right transition assistance
program.
Notes
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