Kan. Admin. Regs. § 5-15-3 - Cessation of minimum desirable streamflow administration
(a) Except as
specified in subsection (c), whenever the chief engineer determines that both
of the conditions specified in subsection (b) have been met, the administration
of water rights and approvals of applications with a priority after April 12,
1984 to protect minimum desirable streamflows pursuant to
K.S.A. 82a-703c, and amendments thereto, shall be
declared by the chief engineer to be no longer necessary. The owners of those
water rights and approvals of applications shall be notified by the chief
engineer by certified mail, personal notice, or other verifiable means that the
owners may recommence diverting water in accordance with the terms, conditions,
and limitations of their water rights or approvals of applications.
(b)
(1) The
streamflows at the minimum desirable streamflow (MDS) gage have exceeded the
streamflows established by
K.S.A. 82a-703c, and amendments thereto, for a
period of 14 consecutive days.
(2)
If a significant alluvial aquifer exists, the average static water level in the
alluvial aquifer has recovered sufficiently to maintain MDS in the stream.
(c) Whenever the chief
engineer determines that hydrologic conditions indicate that MDS values have
been met or exceeded and are likely to be maintained for the foreseeable
future, MDS administration may be declared by the chief engineer to be no
longer necessary even if both of the conditions of subsection (b) have not been
met.
This regulation shall be effective on and after August 27, 2002.
Notes
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