Kan. Admin. Regs. § 5-1-5 - Variances from water flowmeter specifications

(a) A variance from the chief engineer's water flowmeter specifications may be granted by the chief engineer if the water right owner furnishes detailed specifications of a proposed water flowmeter and demonstrates to the chief engineer all the following:

(1) A water flowmeter meeting the specifications of K.A.R. 5-1-4 will not satisfactorily serve the water user's needs.

(2) The proposed water flowmeter will meet the accuracy requirements of K.A.R. 5-1-4(a) and (b).

(3) The proposed water flowmeter will provide a reliable and accurate water use record for that point of diversion.

(b) Variances shall be granted only on a site-by-site, case-by-case basis. No general variances shall be granted for any brand or model of water flowmeter, except as set forth in subsection (c).

(c) A limited variance shall be granted by the chief engineer for a period of up to three years to allow that specific brand and model of a water flowmeter to be tested in the field and to serve as a water flowmeter required by the chief engineer if all of the following conditions are met:

(1) The manufacturer demonstrates to the chief engineer that a particular model and brand of water flowmeter utilizes new technology, does not meet one or more of the requirements of K.A.R. 5-1-4, and is likely to be as reliable, or more reliable, than water flowmeters currently meeting all of the requirements of K.A.R. 5-1-4.

(2) The manufacturer agrees to install not more than 50, nor less than 10, water flowmeters to test the new technology.

(3) The manufacturer agrees to collect data for at least one year that is sufficient to allow the chief engineer to determine whether that brand and model of water flowmeter meets the reliability and accuracy specifications of K.A.R. 5-1-4.

Notes

Kan. Admin. Regs. § 5-1-5

Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a-706c; effective Sept. 22, 2000.