Kan. Admin. Regs. § 5-3-1b - Complete new application
(a) A new
application to appropriate water for beneficial use shall be considered to be a
"complete application" for the purposes of
K.S.A. 82a-708a, and amendments thereto, if the
application completely and accurately meets all the requirements specified in
this regulation and the following criteria:
(1) The requirements specified in
K.S.A. 82a-708a, and amendments thereto;
(2) the requirements specified in
K.S.A. 82a-709, and amendments thereto;
(3) the requirements specified in
K.S.A. 82a-710, and amendments thereto;
(4) any water conservation plans required by
the chief engineer pursuant to
K.S.A. 82a-733, and amendments thereto;
(5) the requirements of
K.S.A. 82a-301 through
K.S.A. 82a-305a, and amendments thereto, if the
proposed point of diversion, or rediversion, is a dam or stream obstruction;
(6) the requirements specified in
K.A.R. 5-3-1;
(7) the requirements
specified in K.A.R. 5-3-4; and
(8)
the requirements specified in K.A.R. 5-3-4d.
(b) If minimum desirable streamflow (MDS)
requirements have been set for the proposed source of water supply, the
application shall contain a statement signed by the applicant acknowledging
that the MDS requirements apply to the proposed source of water supply and that
the diversions of water authorized by this approval of application could be
regulated at times to protect MDS.
(c) If the applicant is requesting a waiver
or exemption of a regulation pursuant to
K.S.A. 82a-1904, and amendments thereto, the
applicant shall submit a written request for the waiver or exemption, and
documentation to support the waiver or exemption.
(d) If the proposed point of diversion is
located within the boundaries of a groundwater management district, a final
recommendation or analysis of the availability of water has been received from
the groundwater management district within the time limit set by the chief
engineer concerning the approval, denial, or modification of the application.
(e) If a substantive question has
been raised concerning whether approval of the application could cause
impairment of senior water rights or prejudicially and unreasonably affect the
public interest, the applicant shall submit sufficient information to resolve
that question.
(f) If any actions
are required to be taken by the applicant on other approvals of applications or
water rights owned by the applicant in order to make the new application
approvable, including dismissals, reductions in water rights in accordance with
K.A.R. 5-7-5, and applications for change, all necessary forms shall be
completed and filed with the chief engineer.
(g) The applicant shall submit all
information and data necessary to demonstrate that the application complies
with the applicable regulations adopted by the chief engineer.
Notes
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