Kan. Admin. Regs. § 5-15-1 - Administration of minimum desirable streamflow
(a) Except as
specified in subsection (d), if the streamflow at a minimum desirable
streamflow (MDS) gaging station falls below the streamflow established in
K.S.A. 82a-703c, and amendments thereto, for a
period of seven consecutive days, a determination of whether the following
conditions have been met shall be made by the chief engineer:
(1) The actual daily average streamflow at
the gage has been less than the streamflow trigger value set by K.A.R. 5-15-4.
(2) If an alluvial aquifer has a
significant effect on streamflow, the static groundwater level in the alluvial
aquifer above the gage is insufficient to maintain MDS in the stream.
(b) Whenever the chief
engineer determines that MDS administration should occur according to
subsection (d) or because the conditions specified in paragraphs (a)(1) and (2)
have both been met, water rights and approvals of applications with a priority
after April 12, 1984 shall be administered in order of priority as necessary to
protect the appropriate minimum desirable streamflow specified in
K.S.A. 82a-703c, and amendments thereto. Owners of
record in the office of the chief engineer of water rights and approvals of
applications that are being administered shall be notified by the chief
engineer that water rights and approvals of applications are being administered
to protect MDS. This notification shall be made by certified mail, personal
notice, or other verifiable means.
(c) After administration to protect MDS has
begun, no person that has received notice according to subsection (b) may
divert water under the authority of a water right or approval of application
with a priority after April 12, 1984, unless one of the following conditions is
met:
(1) The owner of the water right or
approval of application has entered into an annual MDS consent order with the
chief engineer in accordance with the provisions of K.A.R. 5-15-2 and is
diverting water in accordance with the terms of that MDS consent order.
(2) The chief engineer has
determined, in accordance with the provisions of K.A.R. 5-15-3, that
administration of water rights and approvals of applications with a priority
after April 12, 1984 is no longer necessary to protect MDS and has notified the
owners by certified mail, personal notice, or other verifiable means that
diversions may continue in accordance with the terms, conditions, and
limitations of the water right or approval of application.
(d) If the streamflow at an MDS
gaging station falls below the level established in
K.S.A. 82a-703c, and amendments thereto, for a
period of seven consecutive days and no streamflow trigger value has been set
for an MDS gaging station in K.A.R. 5-15-4, a determination of whether and when
MDS administration will begin and how it should occur shall be made by the
chief engineer, based on the following factors:
(1) The general hydrologic conditions
affecting streamflow in the stream reach;
(2) the magnitude and duration of recent
streamflows;
(3) the extent to
which groundwater contributes to streamflow;
(4) the effects of drought on streamflow;
(5) the existence and effect of
relevant water management agreements;
(6) the magnitude of the effect that the
administration of water rights with priorities junior to the MDS values would
have on the streamflow; and
(7)
the effect of reservoir operations.
This regulation shall be effective on and after August 27, 2002.
Notes
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No prior version found.