Kan. Admin. Regs. § 5-25-2a - Change in point of diversion
(a) The location
of a well requested in an application to change a point of diversion shall be
no more than 2,640 feet from the point of diversion currently authorized by a
vested right, appropriation right, or an application to appropriate water for
beneficial use. This well shall also meet the minimum spacing requirement
established in K.A.R. 5-25-2. If the point of diversion was not completed at
the currently authorized point of diversion, the location of a well requested
in an application to change the point of diversion shall be no more than 2,640
feet from the last authorized point of diversion for which the diversion works
were completed.
(b) If the current
authorization for a well requires one or more observation wells to be installed
in accordance with K.A.R. 5-25-10, then the approval of an application for a
change in the point of diversion shall also require the installation of one or
more new observation wells in accordance with K.A.R. 5-25-10 if either of the
following conditions exists:
(1) The well is
proposed to be located 300 feet or more from the currently authorized well
location.
(2) The well is proposed
to be located more than 50 feet and less than 300 feet from the currently
authorized well location, and the water quality analysis required pursuant to
K.A.R. 5-25-10 shows that the chloride concentration exceeds 500 milligrams per
liter (mg/l) at the currently authorized well location.
(c) The number and location of test holes or
observation wells required for the approval of an application to change the
point of diversion from a single well to a battery pursuant to subsection (b)
shall be based on the locations and the number of wells in the proposed
battery. Hydrologic factors, including groundwater flow direction, lithology,
and chlorides at the location, shall be considered.
(d) An approval of an application to change
the point of diversion shall not authorize the proposed well to be completed in
an aquifer other than the aquifer or aquifers in which the currently authorized
well was authorized to be completed.
Notes
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