Kan. Admin. Regs. § 5-4-1a - Distribution of water between users when a prior right is being impaired due to a regional lowering of the water table
(a) When a complaint is received that a prior
right to the use of water is being impaired, the procedure specified in K.A.R.
5-4-1 shall be followed until the determination is made that the impairment is
caused substantially by a regional lowering of the water table.
(b)
(1) If
the area of complaint is located within the boundaries of a groundwater
management district (GMD), the GMD board shall recommend the steps necessary to
satisfy senior water rights. Recommendations may include following the GMD
management program, amending the GMD management program, or pursuing any other
means to satisfy senior water rights. The GMD board shall submit its
recommendations to the chief engineer within six months of the determination
that the impairment is caused substantially by a regional lowering of the water
table or within a longer time if approved by the chief engineer.
(2) The GMD board shall publish notice of its
recommendations once in a newspaper of general circulation in the county where
the impairment is occurring.
(3)
The chief engineer shall determine the appropriate course of action to satisfy
senior water rights. To that end, the chief engineer shall consider the GMD's
timely recommendations and may conduct a study similar to that described in
paragraph (c)(1).
(4) The chief
engineer shall publish notice of the course of action once in a newspaper of
general circulation in the county where the impairment is occurring.
(c)
(1) If the area of complaint is located
outside the boundaries of a GMD and determined to be caused by a regional
lowering of the water table, the chief engineer shall conduct a study to
determine the appropriate course of action. The study shall include a
determination of the effectiveness and economic impact of administering one or
more water rights in accordance with K.A.R. 5-4-1, the effectiveness and
economic impact of the types of corrective controls listed under
K.S.A.
82a-1038 and amendments thereto, and any
other means to satisfy senior water rights while preserving the economic
vitality of the region.
(2) The
chief engineer shall determine the appropriate course of action, based on the
study described in paragraph (c)(1).
(3) The chief engineer shall publish notice
of the course of action once in a newspaper of general circulation in the
county where the impairment is occurring.
Notes
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