(a) Each
application to change the location of a well within the Rattlesnake creek basin
by more than 2,640 feet may be approved by the chief engineer if all of the
following conditions are met:
(1) The source
of water supply for the currently authorized well and the proposed well is the
Rattlesnake creek basin as defined in
K.A.R. 5-6-15.
(2) The currently authorized well is located
within the corridor or the number two priority decline area as defined in
figure two of the Rattlesnake creek management plan accepted by the chief
engineer on July 11, 2000.
(3) The
well will be moved to a location outside the corridor or the number two
priority decline area as defined in figure two of the Rattlesnake creek
management plan accepted by the chief engineer on July 11, 2000.
(4) The average saturated thickness in the
two-mile-radius circle in which the proposed well will be located is greater
than 40 feet as shown on the saturated thickness map adopted by reference in
K.A.R. 5-25-19.
(5) The water
level within the two-mile-radius circle surrounding the proposed well location
has not declined in excess of 20 feet of the predevelopment water level as
shown in Kansas geological survey bulletins numbered 65, 80, and 88.
(6) The change proposes the relocation of all
the water right or a divided water right.
(7) No other well has previously been
authorized by the chief engineer to be relocated within a one-mile radius of
the proposed well location under the provisions of this regulation, or the
applicant demonstrates that the proposed well will not impair existing water
rights.
(8) The water right that
is proposed to be changed is vested or certified.
(9) All other statutory and regulatory
requirements for approval of a change in point of diversion that do not
conflict with this regulation are met.
(b) The approval of the change in point of
diversion shall be subject to the conditions specified in this subsection:
The approval of the application to change the point of
diversion shall be subject to review by the chief engineer 10 years after the
approval of the change application. If the water level at the new well location
has declined in excess of 10 feet from the date the new well was drilled, for
the sole purpose of administering wells concerning direct impairment, the new
well shall be considered to have the priority of the date of the application to
change the point of diversion. The owner of the well shall have the option of
applying for another change in point of diversion.
(c) The quantity of water that can be
approved for a change in point of diversion meeting the requirements of
subsection (a) above shall be determined based on the following tables.
Points
point value for each saturated thickness at quantity of water
authorized in two-mile-radius feet of decline in two-mile-radius circle
column at right proposed well site, in feet circle around
proposed well, in acre-feet around proposed well since pre-development
1 146 + 0-1,500 0-4
2 111-145 1,501-3,000 5-8
3 91-110 3,001-4,500 9-12
4 66-90 4,501-6,000 13-16
5 41-65 6,001 + 17-20
Percent of a water right that can be moved to a new location
number of points scored percent of water right that can be
moved to new well location
by proposed well
3-6 100
7-9 90
10-12 80
13-15 70
