Kan. Admin. Regs. § 5-13-4 - Exemption
(a) To the
extent that groundwater evaporation causes a substantially adverse impact to
the area groundwater supply pursuant to K.A.R. 5-13-2, a new application to
appropriate the groundwater evaporation caused by the project shall be exempt
from meeting the safe yield, allowable appropriation, or similar types of
regulations adopted by the chief engineer. This exemption shall be granted if
the operator meets all of the criteria in subsection (b) because exempting the
quantity of water that has been, or will be, evaporated by exposing the
groundwater table beneath the proven reserves will not prejudicially and
unreasonably affect the public interest and will not impair any existing water
right.
(b) Except as set forth in
subsection (e), in order to qualify for this exemption, the operator shall show
that on December 31, 1999, all of the following conditions were met:
(1) The operator had an active, existing sand
and gravel mining operation.
(2)
If required, the operator had a valid surface-mining license issued pursuant to
the surface-mining land conservation and reclamation act,
K.S.A. 49-601 et seq., and amendments thereto.
(3) If required, the operator had
made a timely application for a hydraulic dredging permit or had received a
hydraulic dredging permit issued pursuant to the Kansas water appropriation
act.
(4) The operator had filed
the water use reports required by, and paid any civil fines assessed by the
chief engineer pursuant to
K.S.A. 82a-732, and amendments thereto.
(5) The operator had paid the water
protection fees required by
K.S.A. 82a-954, and amendments thereto.
(6) To the extent necessary to physically
operate, the operator had acquired all local permits and local zoning
approvals.
(7) The operator had
purchased, leased, or otherwise acquired legal control over proven sand and
gravel reserves.
(8) The operator
had filed an application to appropriate water or filed a notice of intent to
open or expand a sand and gravel pit operation with the chief engineer when
required by
K.S.A. 82a-734(a), and amendments
thereto.
(c) It shall
be the burden of the operator to show that the operator meets the requirements
of subsection (b) by filing the necessary information or documentation with the
chief engineer on or before December 31, 2001. An extension of time may be
granted by the chief engineer for good cause if the request for extension of
time is filed by the operator with the chief engineer before December 31, 2001.
(d) To the extent that the
operator meets the requirements of subsection (b) above, an application to
appropriate water for evaporation of the groundwater caused by exposing the
groundwater table shall be exempt from complying with safe yield, allowable
appropriation, and similar types of regulations adopted by the chief engineer.
This exemption shall apply to all the evaporation caused by exposing the
groundwater table up to the areal extent of the proven reserves that existed on
December 31, 1999.
(e) If, on the
effective date of this regulation, an operator was in the process of
establishing a replacement operation for an active, existing sand and gravel
pit operation, an exemption shall be allowed by the chief engineer for the
proposed replacement operation according to subsection (d) on terms, conditions
and limitations that will neither cause impairment of existing water rights nor
prejudicially and unreasonably affect the public interest if all of the
following criteria are met:
(1) The proposed
replacement sand and gravel operation is located outside the boundaries of all
groundwater management districts and intensive groundwater use control areas.
(2) The geocenter of the proposed
replacement operation is located within two miles of the geocenter of the
existing, active operation.
(3)
The proposed replacement operation met the provisions of paragraphs (b)(1)
through (b)(6) of this regulation on December 31, 1999.
(4) The proposed replacement project meets
the requirements of paragraphs (b) (7) and (8) on the effective date of this
regulation.
Notes
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