Kan. Admin. Regs. § 5-13-2 - Determination of substantially adverse impact on the area groundwater supply
(a) A sand and
gravel operation shall be deemed to cause a "substantially adverse impact on
the area groundwater supply," as provided in
K.S.A. 82a-734(b) and amendments
thereto, if the sand and gravel pit operation is opened or expanded after the
effective date of this regulation in any township that has an average annual
potential net evaporation greater than 18 inches per year as determined from
K.A.R. 5-6-3.
(b) In any township
that has an average annual potential net evaporation of 18 or fewer inches per
year, as determined from K.A.R. 5-6-3, the opening or expansion of a sand and
gravel pit operation, shall be deemed to not cause a "substantially adverse
impact on the area groundwater supply," as provided in
K.S.A. 82a-734 and amendments thereto, unless the
chief engineer can demonstrate that the project will cause one or more of the
following:
(1) A direct impairment to a
groundwater approval of application or water right;
(2) an unreasonable deterioration of the
groundwater quality;
(3) an
unreasonable raising or lowering of the static water level; or
(4) prevention of any waters of the state
from moving to a person having a prior right to use these waters.
Notes
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