Kan. Admin. Regs. § 5-1-1 - Definitions
As used in these regulations and the Kansas water appropriation act, and by the division of water resources in the administration of the Kansas water appropriation act, unless the context clearly requires otherwise, the following words and phrases shall have the meanings specified in this regulation.
(a) "Above-baseflow
stage" means streamflow that is in response to a significant runoff event
during which period the water level elevation of the stream is greater than the
elevation of the adjacent water table.
(b) "Acceptable quality surface water" means
surface water that will not degrade the quality of the groundwater source into
which it is discharged.
(c)
"Application" means the formal document submitted on the form prescribed by the
chief engineer for a permit to appropriate water for beneficial use and filed
in the office of the chief engineer as provided by
K.S.A. 82a-708a and
82a-709, and amendments thereto.
(d) "Approval of application"
means a permit to proceed with construction of diversion works and the
diversion and use of water in accordance with the terms and conditions set
forth in the permit. Approval of application shall not constitute any permit
that may be required by other state laws.
(e) "Aquifer storage" means the act of
storing water in the unsaturated portion of an aquifer by artificial recharge
for subsequent diversion and beneficial use.
(f) "Aquifer storage and recovery system"
means the physical infrastructure that meets the following conditions:
(1) Is constructed and operated for
artificial recharge, storage, and recovery of source water; and
(2) consists of apparatus for diversion,
treatment, recharge, storage, extraction, and distribution.
(g) "Artificial recharge" means
the use of source water to artificially replenish the water supply in an
aquifer.
(h) "Authorized
representative" means any staff employee designated by the chief engineer to
perform duties and functions on behalf of the chief engineer.
(i) "Bank storage" means water absorbed by
and temporarily stored in the banks and bed of a stream during above-baseflow
stage.
(j) "Bank storage well"
means a well used to divert or withdraw water from bank storage.
(k) "Basin storage area" means the portion of
the aquifer's unsaturated zone used for aquifer storage that has defined
horizontal boundaries and is delimited by the highest and lowest index water
level elevations.
(l) "Basin
storage loss" means that portion of artificial recharge naturally flowing or
discharging from the basin storage area.
(m) "Basin term permit" means a term permit
to appropriate surface water from a stream within a specific drainage basin, or
a portion of it, for a reasonable quantity of water, not to exceed a maximum of
100 acre-feet per calendar year, for use in either of the following:
(1) Drilling oil and gas wells; or
(2) construction projects within the
specified basin.
(n)
"Battery of wells" means two or more wells connected to a common pump by a
manifold, or not more than four wells in the same local source of supply within
a 300-foot-radius circle that are being operated by pumps not to exceed a total
maximum rate of diversion of 800 gallons per minute and that supply water to a
common distribution system.
(o)
"Beneficial uses of water" are the following:
(1) Domestic uses;
(2) stockwatering;
(3) municipal uses;
(4) irrigation;
(5) industrial uses;
(6) recreational uses;
(7) waterpower;
(8) artificial recharge;
(9) hydraulic dredging;
(10) contamination remediation;
(11) dewatering;
(12) fire protection;
(13) thermal exchange; and
(14) sediment control in a reservoir.
(p) "Complete and
accurate water use report" means a water use report that the water right owner
has filed pursuant to
K.S.A. 82a-732, and amendments thereto, that
provided all of the information required on the form prescribed by the chief
engineer, including the following:
(1) The
quantity of water diverted during the calendar year;
(2) if the diversion of water was required to
be metered during the calendar year for which the report is being filed, the
information required by K.A.R. 5-3-5e;
(3) if the water was used for irrigation
purposes, the number of acres that were irrigated; and
(4) if the water was diverted from a sand and
gravel pit operation, the size of the surface area of the pit in acres at the
end of the calendar year for which the report was filed.
(q) "Completed substantially as shown on
aerial photograph, topographic map, or plat," as used to define the authorized
point of diversion, means within 300 feet of the location as shown on the
aerial photograph, topographic map, or plat accompanying the application.
(r) "Confined Dakota aquifer
system" means that portion of the Dakota aquifer system overlain by a confining
layer resulting in the aquifer normally being under greater than atmospheric
pressure.
(s) "Conjunctive use"
means the safe-yield management and operation of an aquifer in coordination
with a surface water system to enhance the use of the total water supply
availability in accordance with the provisions of the water appropriation act.
(t) "Contamination remediation"
means the diversion of water by a state agency, or under a written agreement or
order of an appropriate state agency, for the purpose of improving the water
quality.
(u) "Dakota aquifer
system" shall include the Dakota formation, the Kiowa formation, the Cheyenne
sandstone, and, where hydraulically connected, the Morrison formation.
(v) "Dakota aquifer system well"
means a well or proposed well screened in whole or in part in the Dakota
aquifer system.
(w) "Dam" means
any artificial barrier, together with all appurtenant works, that does or could
impound water.
(x) "Dewatering"
means the removal of surface water or groundwater to achieve either of the
following:
(1) Facilitate the construction of
a building, pipeline, or other facility; or
(2) protect a building, levee, mining
activity, or other facility.
(y) "Direct diversion of surface water" means
the diversion of surface water directly from a stream by means of a pump,
headgate, siphon, or similar installation, for application to beneficial use
without storing it behind a dam, levee, or similar type of structure.
(z) "Diversion" means the act of
bringing water under control by means of a well, pump, dam, or other device for
delivery and distribution for the proposed use.
(aa) "Diversion works" means any well, pump,
power unit, power source, dam, and any other devices necessary to bring water
under control for delivery to a distribution system by which the water will be
distributed to the proposed use and any other equipment required as a condition
of the permit, including a check valve, water level measurement tube, meter, or
other measuring device.
(bb)
"Division" means the division of water resources of the Kansas department of
agriculture.
(cc) "Dry hydrant"
means a permanent, unpressurized intake pipe used to remove water from a pond,
stream, reservoir, or other surface water supply by means of suction or vacuum
supplied by a fire truck or other portable pumping device.
(dd) "Field inspection" means that for the
purpose of issuing a certificate of appropriation pursuant to
K.S.A. 82a-714 and amendments thereto, the chief
engineer conducts a test of the rate of diversion of the diversion works under
the normal and maximum conditions that the diversion works actually applied
water to beneficial use during the perfection period. The chief engineer also
collects all other information necessary to prepare a certificate, including
the following:
(1) A description of the
location and size of the place where water was actually applied to beneficial
use during the perfection period in accordance with the terms, conditions, and
limitations of the approval of application;
(2) information on the quantity and rate of
water that was applied to the authorized use during the perfection period; and
(3) the actual location of the
point or points of diversion from which water was diverted in accordance with
the terms, conditions, and limitations of the approval of application.
(ee) "Fire protection"
means the use of water for fire protection by a fire department for public
protection in general.
(ff) "Fish
farming" means the controlled cultivation and harvest of aquatic animals.
(gg) "Flow-straightening vanes"
means vanes, or other device installed at the upstream throat of a measuring
chamber for the purpose of aligning all velocity components of flow parallel
with the flow in the measuring chamber at the water flowmeter sensor location.
(hh) "Full irrigation" means the
application of water to crops during the growing season. Full irrigation shall
include water for preirrigation.
(ii) "Groundwater" means water below the
surface of the earth.
(jj)
"Growing season" means the average frost-free period of the year.
(kk) "Household purposes" means the use of
water by a person for cooking, cleaning, washing, bathing, human consumption,
rest room facilities, fire protection, and other uses normally associated with
the operation of a household.
(1) "Fire
protection" shall be considered to be use of water for "household purposes" if
either of the following conditions is met:
(A) Water is available from a "dry hydrant"
that has been installed on a pond located within 1,000 feet of the residence.
(B) Water can be pumped from a
well located within 1,000 feet of the residence for fire protection.
(2) Household purposes shall also
include the replacement of the potential net evaporation from a domestic pond
of up to 1/2 acre in surface area if both of the following conditions are met:
(A) The pond is utilized for aesthetic
purposes as an integral part of the landscaping of a house.
(B) Any portion of the pond is located within
300 feet of the closest edge of the house.
(3) The maximum reasonable annual quantity of
groundwater that may be pumped into a pond to be withdrawn later for domestic
fire protection shall not exceed 0.06 acre-feet plus the average annual
potential net evaporation for a pond at that location in the state having a
surface area of 0.2 of an acre.
(4) Household purposes shall also include the
use of 1 1/2 acre-feet of water or less per calendar year by an industrial
user, restaurant, hotel, motel, church, camp, correctional facility,
educational institution, or similar entity for household purposes.
(ll) "Hydraulic dredging" means
the removal of saturated aggregate from a stream channel, pit, or quarry by
means of hydraulic suction and the pumping of the aggregate and water mixture
as a slurry to a location where at least 95% of the water returns directly to
the source of supply.
(mm)
"Immediate vicinity," as used in specifying the place of use for a water right
in which the water is authorized to be used for municipal purposes, meanswithin
2,640 feet of the corporate limits of the municipality, rural water district,
or other entity.
(nn) "In
compliance" means that a water flowmeter does not meet any of the criteria of
K.A.R. 5-1-9 for being out of compliance.
(oo) "Index water level" means water level
elevations established spatially throughout a basin storage area to be used to
represent the maximum volume of a basin storage area, and storage available for
recovery based upon accounting methodology, and conditions of the permit.
(pp) "Indirect use" means the
total of the seepage loss and the average annual potential net evaporation loss
from the surface of water originally impounded in a reservoir for beneficial
use.
(qq) "Industrial use" means
the use of water in connection with the manufacture, production, transport, or
storage of products, or the use of water in connection with providing
commercial services, including water used in connection with steam electric
power plants, greenhouses, fish farms, poultry operations that are not
incidental to the operation of a traditional farmstead pursuant to
K.S.A. 82a-701(c) and amendments
thereto, secondary and tertiary oil recovery, air conditioning, heat pumps,
equipment cooling, and all uses of water associated with the removal of
aggregate for commercial purposes except the following:
(1) The evaporation caused by exposing the
groundwater table or increasing the surface area of a stream, lake, pit, or
quarry by excavation or dredging, unless the evaporation has a substantially
adverse impact on the area groundwater supply; and
(2) hydraulic dredging.
(rr) "Irrigation use" means the use of water
for the following:
(1) The growing of crops;
(2) the watering of gardens,
orchards, and lawns exceeding two acres in area; and
(3) the watering of golf courses, parks,
cemeteries, athletic fields, racetrack grounds, and similar facilities.
(ss) "Measuring
chamber" means a cylindrical chamber in which a water flowmeter is installed
that is calibrated to match the measuring element of the water flowmeter and
the nominal size of the pipe in which it is installed.
(tt) "Municipal use" means the various uses
made of water delivered through a common distribution system operated by any of
the following:
(1) A municipality;
(2) a rural water district;
(3) a water district;
(4) a public wholesale water supply district;
(5) any person or entity serving
10 or more hookups for residences or mobile homes; or
(6) any other similar entity distributing
water to other water users for various purposes. Municipal use shall also
include the use of water by restaurants, hotels, motels, churches, camps,
correctional facilities, educational institutions, and similar entities using
water that does not qualify as a domestic use.
(uu) "Nonvolatile memory" means the ability
of a water flowmeter to retain the values stored in the mechanical or
electronic memory if all power, including backup battery power, is removed.
(vv) "Normal operating range"
means the range of flow rates for which the water flowmeter will meet the
accuracy requirements of K.A.R. 5-1-4(a), as certified by the water flowmeter
manufacturer.
(ww) "Off-season
irrigation" means the application of water to land for the purpose of storing
moisture in the soil for future use by a crop that will not be irrigated during
the growing season.
(xx)
"Operator," as used in the regulation of sand and gravel pits, means any person
who engages in mining sand or gravel, or both.
(yy) "Perennial stream" means a stream, or
part of a stream, that normally flows during all of the calendar year, except
during a drought.
(zz) "Perfect"
means the actions taken by a water user to develop an approval of application
into a water right. These actions shall consist of the completion of the
diversion works and the actual application of water to the authorized
beneficial use in accordance with the terms, conditions, and limitations of the
approval of application.
(aaa)
"Point of diversion" means the point at which water is diverted or withdrawn
from a source of water supply.
(bbb) "Point of diversion of a dewatering
site" means the geographic center of the area from which water is temporarily
removed to lower the static water level or streamflow to allow one construction
project or one excavation to take place. Each one-quarter linear mile of
construction trench, or part thereof, shall have at least one point of
diversion.
(ccc) "Point of
diversion of a remediation site" means the geographic center of the area from
which water is being removed to be treated or injected into a single disposal
well.
(ddd) "Point of diversion
for storage of surface water in a reservoir created by a dam" means the point
at which the longitudinal axis of the dam crosses the centerline of the stream
impounded by the reservoir.
(eee)
"Potential annual runoff" means the mean annual runoff for the watershed of the
reservoir.
(fff) "Preirrigation"
means the application of water to the land for a crop before planting to ensure
adequate moisture for early plant growth.
(ggg) "Primary well" means a well for which a
standby well is available.
(hhh)
"Prior right" means a vested right, an appropriation right with earlier
priority, or a permit with earlier priority than that of a subsequent
appropriation right or permit.
(iii) "Proven reserves" means extractable
sand and gravel deposits for which good estimates of the quantity and quality
have been made by various means, including core drilling.
(jjj) "Recharge" means the natural
infiltration of surface water or rainfall into an aquifer from its catchment
area.
(kkk) "Recharge credit"
means the quantity of water that is stored in the basin storage area and that
is available for subsequent appropriation for beneficial use by the operator of
the aquifer storage and recovery system.
(lll) "Recreation storage" means the storage
and use of water within the reservoir for recreational use as defined in this
regulation. Water stored for recreation use in a reservoir shall be considered
to be an indirect use of water.
(mmm) "Recreational use" means a use of water
in accordance with a water right that provides entertainment, enjoyment,
relaxation, and fish and wildlife benefits.
(nnn) "Rediversion of water" means releasing
or withdrawing water that had been previously impounded behind a dam, levee, or
similar type of structure, by use of a pump, outlet tube, headgate, or similar
type of device, and the application of the water directly to beneficial use.
(ooo) "Register" means an integral
or remote device that displays the quantity of water passing the water
flowmeter sensor and is part of the water flowmeter.
(ppp) "Remediation site" means the geographic
area where contamination is being removed from groundwater.
(qqq) "Reservoir" means the area upstream
from a dam that contains, or will contain, impounded water.
(rrr) "Reservoir capacity" means the volume
of water that can be stored below the lower of either of the following:
(1) The elevation of the principal spillway
tube; or
(2) the lowest
uncontrolled spillway in the reservoir.
(sss) "Reservoir having a total water volume
of less than 15 acre-feet," as used in
K.S.A. 82a-728 and amendments thereto, means a
reservoir having a capacity of 15 acre-feet or less as measured at the
principal spillway tube or the lowest uncontrolled spillway, whichever is
lower.
(ttt) "Safe yield" means
the long-term sustainable yield of the source of supply, including
hydraulically connected surface water or groundwater.
(uuu) "Sand and gravel pit operation" means a
project that meets the following conditions:
(1) Excavates overburden for mining sand or
gravel, or both, exposing the underlying groundwater table to evaporation; and
(2) has a perimeter equal to or
greater than its depth.
(vvv) "Sediment control in a reservoir" means
a beneficial use of water that meets both of the following criteria:
(1) The water is stored in a reservoir that
has no other authorized type of beneficial use, except domestic use.
(2) The water is stored only in the part of
the reservoir designed and constructed for the storage of sediment.
(www) "Source water" means water
used for artificial recharge that meets the following conditions:
(1) Is available for appropriation for
beneficial use;
(2) is above
base-flow stage in the stream;
(3)
is not needed to satisfy minimum desirable streamflow requirements; and
(4) will not degrade the ambient
groundwater quality in the basin storage area.
(xxx) "Specialty crop" means a crop other
than a normal Kansas field crop. This term shall include turf grass, trees,
vegetables, ornamentals, and other similar crops.
(yyy) "Standby well" means a well that can
withdraw water from the same source of supply as the primary well and that is
used only when water is temporarily unavailable from the primary well or wells
authorized to be used on the same place of use because of mechanical failure,
maintenance, or power failure. A standby well may also be used for fire
protection or a similar type of emergency.
(zzz) "Static water level" means the depth
below land surface at which the top of the groundwater is found when not
affected by recent pumping.
(aaaa)
(1) "Stockwatering" means the watering of
livestock and other uses of water directly related to either of the following:
(A) The operation of a feedlot with the
capacity to confine 1,000 or more head of cattle; or
(B) any other confined livestock operation or
dairy that would divert 15 or more acre-feet of water per calendar year.
(2) Stockwatering shall
not include the irrigation of feed grains or other crops.
(3) For the purposes of this subsection, a
group of feedlots or other confined feeding operations shall be considered to
be one feedlot or confined feeding operation if both of these conditions are
met:
(A) There are common feeding or other
physical facilities.
(B) The group
of facilities is under common management.
(bbbb) "Straight pipe" means a straight
length of pipe free of all internal obstructions, including size changes,
valves, cooling coils, injection ports, sand or foreign material, and any other
condition that would cause a disturbance of the internal velocity profile in
the pipe. Internal obstructions shall not include properly designed,
constructed, and installed straightening vanes and inspection ports.
(cccc) "Stream channel aquifer" means
unconsolidated water-bearing deposits in river valleys, flood plains, and
terraces that are separate and distinct from any other aquifer and capable of
yielding water in sufficient quantities for beneficial use.
(dddd) "Surface water" means water in creeks,
rivers, or other watercourses, and in reservoirs, lakes, and ponds.
(eeee) "Term permit" means a permit to
appropriate water that is issued for a specified period of time and exceeds the
criteria for a temporary permit specified in
K.S.A. 82a-727, and amendments thereto, and K.A.R.
5-9-3 through K.A.R. 5-9-5. At the end of the specified time, or any authorized
extension approved by the chief engineer, the term permit shall be
automatically dismissed, and any priority it may have had shall be forfeited.
(ffff) "The production and return
of saltwater in connection with the operation of oil and gas wells in
accordance with the written approval granted therefor by the Kansas corporation
commission pursuant to
K.S.A. 55-901, and amendments thereto" means only
that saltwater actually produced during the primary production of oil and gas
wells and shall not include the following:
(1) Saltwater used in the drilling of an oil
and gas well; and
(2) saltwater
injected into an enhanced recovery injection well, unless that saltwater was
produced in the primary production of the oil and gas well, separated from the
oil and gas, and then subsequently reinjected.
(gggg) "Thermal exchange" means the use of
water for climate control in a nondomestic building and in a manner that is
essentially nonconsumptive to the source of supply.
(hhhh) "Totalizer" means the mechanical or
electronic portion of the register that displays the total quantity of water
that has passed the water flowmeter sensor.
(iiii) "Unconfined Dakota aquifer system"
means that portion of the Dakota aquifer system not overlain by a confining
layer in which the aquifer is in equilibrium with atmospheric pressure.
(jjjj) "Unconsolidated regional
aquifer" means a body of mostly unconsolidated and heterogeneous water-bearing
deposits that are hydraulically and geologically contiguous, and are capable of
yielding water in sufficient quantities for beneficial use.
(kkkk) "Waste of water" means any act or
omission that causes any of the following:
(1) The diversion or withdrawal of water from
a source of supply that is not used or reapplied to a beneficial use on or in
connection with the place of use authorized by a vested right, an appropriation
right, or an approval of application for a permit to appropriate water for
beneficial use;
(2) the
unreasonable deterioration of the quality of water in any source of supply,
thereby causing impairment of a person's right to the use of water;
(3) the escaping and draining of water
intended for irrigation use from the authorized place of use; or
(4) the application of water to an authorized
beneficial use in excess of the needs for this use.
(llll) "Waterpower use" means the use of
falling water for hydroelectric or hydromechanical power
(mmmm) "Water balance" means the method of
determining the amount of water in storage in a basin storage area by
accounting for inflow to, outflow from, and changes in storage in that basin
storage area.
(nnnn) "Water
flowmeter" means the combination of a flow-sensing device, measuring chamber,
integral or remote display device or register, and any connecting parts
required to make a working assemblage to measure, record, and allow
determination of flow rate and total quantity of water flowing past the water
flowmeter sensor.
(oooo) "Water
storage device" means a reservoir, elevated water tank, pressurized water tank,
including a bladder tank, or other container into which water is pumped and
stored before beneficial use.
(pppp) "Water use correspondent" means a
person designated in writing, on a form prescribed by the chief engineer, by
one of the owners of a water right to file the water use reports required by
K.S.A. 82a-732 and amendments thereto, on behalf of
the owner or owners of that water right.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.