Kan. Admin. Regs. § 5-22-8 - Change applications
(a) Except as
set forth in subsection (d), the approval of each application for a change in
point of diversion for a vested right, appropriation right, permit, term
permit, or an application to appropriate groundwater shall be subject to the
following requirements:
(1) The maximum
distance a replacement well can be located from the originally authorized
location shall be 2,640 feet.
(2)
A replacement well located more than 300 feet from the currently authorized
location shall comply with the provisions of K.A.R. 5-22-2.
(3) An application for a change in point of
diversion shall be accompanied by either a completed abandoned-well or
inactive-well agreement if the original well will no longer be authorized by
any other vested right, appropriation right, approval of application, or term
permit and the well has not been properly physically adapted for, and actually
used for, domestic use. The completed agreement shall be submitted by the
applicant with the application for a change in point of diversion on a form
prescribed by the district.
(b) The approval of each application for a
change in place of use or the use made of water for a vested right,
appropriation right, approval of application, and term permit shall have a
condition that a water flowmeter that meets or exceeds the requirements of
K.A.R. 5-22-4, K.A.R. 5-22-4a, K.A.R. 5-22-4b, and K.A.R. 5-22-4d be installed
on each point of diversion described in the application.
(c) Except as specified in subsection (d),
each approval of application for a change in place of use for irrigation
purposes shall be subject to the following requirements:
(1) If the time to perfect the water right
has expired, the water right shall be certified before the change application
may be approved.
(2) The approval
of the application for change in place of use shall not authorize an increase
in the size of the authorized place of use in excess of the limits specified in
K.A.R. 5-5-11(b).
(d)
An application for change in place of use for irrigation purposes filed only
for the purpose of creating an identical place of use with another water right
or rights shall not be subject to subsection (c) if all of the following
conditions are met:
(1) There is not a net
increase in the number of authorized acres.
(2) Each water right involved in the proposed
identical overlap in place of use is certified by the chief engineer before
processing the change application if approval of the change application would
authorize an increase in base acreage as defined in K.A.R. 5-5-11(a).
(3) The total quantity authorized
by all existing water rights and all permits involved is reasonable to irrigate
the land authorized after the change in place of use is approved.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.