Each water right owner within the boundaries of the district
who is otherwise eligible to establish a multiyear flex account under
K.S.A. 82a-736, and amendments thereto, and the
implementing regulations and who meets all of the requirements in subsection
(b) shall be eligible to use the alternative calculation method in subsection
(a) pursuant to
K.S.A. 82a-736(c)(1)(D) (iii), and
amendments thereto, to determine the amount of water deposited in the multiyear
flex account.
(a) The alternative
calculation method for the district shall be to compute 450 percent of the base
water right's certified appropriation. However, the amount of water deposited
in the multiyear flex account shall not exceed the greatest of the quantities
derived using the calculation methods specified in
K.S.A. 82a-736(c)(1)(D), and
amendments thereto.
(b) To be
eligible to use the alternative calculation method specified in subsection (a),
the following requirements shall be met and shall remain met throughout the
term of the period covered by the multiyear flex account permit:
(1) The owner shall meet all requirements and
conditions for eligibility and participation specified in
K.S.A. 82a-736, and amendments thereto, and the
implementing regulations, except as modified by this regulation.
(2) The owner's base water right shall be for
a center pivot irrigation system with a functional end gun.
(3) The owner shall remove the end gun from
the center pivot and cap the end.
(4) Before diverting any water under the
multiyear flex account, the owner shall certify to the chief engineer, on forms
supplied by the chief engineer, the following information:
(A) The location of the tract of land to be
covered by the multiyear flex account term permit;
(B) the length of each center pivot system
covered by the multiyear flex account term permit;
(C) the type of end gun removed and any other
information sufficient to enable the chief engineer to determine the number of
acres irrigated by the end gun; and
(D) the date of removal of the end
gun.
(5) The owner shall
maintain the center pivot without an end gun for the duration of the period
covered by the multiyear flex account term permit.
(6) The authorized place of use shall not be
increased during the term of the multiyear flex account permit.
(7) The authorized place of use shall be
located wholly within the boundaries of the district.
(c) If the owner qualifies for a multiyear
flex account term permit and is eligible under this regulation to use the
alternative calculation method, the chief engineer shall enter an order that
reduces the authorized place of use of the owner's base water right during the
multiyear flex account permit term. The reduced authorized place of use shall
be equal to the maximum number of acres legally irrigated by the center pivot
system for the previous five calendar years minus the number of acres irrigated
by the center pivot system's end gun.
