Kan. Admin. Regs. § 5-3-5o - Amending water use reports
(a) Except as
specified in this subsection, each annual water use report submitted to the
chief engineer pursuant to
K.S.A. 82a-732, and amendments thereto, shall be
considered the official report of water use information filed in the office of
the chief engineer. Each person who files a request to correct a water use
report shall ensure that the water use report is corrected in accordance with
all of the following procedures, in order for the corrected report to be
considered the official report:
(1) A written
request to correct the report is submitted to the chief engineer on a form
prescribed by the chief engineer.
(2) Each requested change in the water use
report is documented by independent, verifiable supporting information,
including fuel records, power records, crop production records, county
appraiser records, natural resource conservation service records, crop
insurance records, other similar types of records, and any combination of these
records. The independent, verifiable supporting information may be supported by
an affidavit from one or more competent, disinterested persons who have actual
personal knowledge of the facts.
(3) The written request, including the
supporting documentation, is verified upon oath or affirmation to be accurate
and complete to the best knowledge of the person filing the request.
(4) The person filing the request to change a
water use report sustains the burden to show the following:
(A) How the water use report on file in the
office of the chief engineer is erroneous or incomplete; and
(B) that the proposed changes are the most
complete and accurate water use information available.
(b) The right to perform the
following shall be reserved by the chief engineer:
(1) Contest the accuracy and completeness of
any water use report filed with the chief engineer, or corrected in accordance
with this regulation, to show that the water use report is inaccurate,
incomplete, false, or fraudulent; and
(2) make a determination of the actual water
use based on the best available information.
Notes
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