Kan. Admin. Regs. § 5-4-5 - Approval of application for additional rate only
(a) Except as
set forth in subsection (c), an application for a permit to appropriate water
for beneficial use that requests only an increase in the authorized rate of
diversion, and no net increase in maximum annual quantity, from a specific
point of diversion already authorized by another water right or approval of
application shall be exempt from complying with any safe yield, allowable
appropriation, or similar type of criteria adopted by the chief engineer if
both of the following conditions are met:
(1)
The application requests only an increase in the authorized maximum rate of
diversion of 15 percent or less.
(2) There has been no significant physical
enlargement of the capacity of the original diversion works to divert water. If
a well has been replaced, reconstructed, and reequipped in accordance with an
approval of an application for change by the chief engineer pursuant to
K.S.A 82a-708b and amendments thereto in
substantially the same way that the original diversion works were constructed,
that type of well shall not be considered to be a significant physical
enlargement of the diversion works. Conversion to a battery of wells or adding
an additional well shall be considered to be a significant physical enlargement
of the capacity of the diversion works.
(b) Except as set forth in subsection (c), an
application to increase the rate of diversion by more than 15 percent that
requests no net increase in maximum annual quantity from a specific point of
diversion already authorized by another water right or approval of application
shall be exempt from complying with any safe yield, allowable appropriation, or
similar type of criteria adopted by the chief engineer if the conditions in
either paragraph (b)(1) or (2) are met:
(1)
(A) The application was filed within the time
authorized to perfect any water right authorizing that point of diversion.
(B) The application is filed to
increase the authorized maximum rate of diversion to the rate the original
diversion works were physically capable of diverting water under actual maximum
operating conditions, or less.
(2) The appropriator demonstrates to the
chief engineer that authorizing an increase in the rate of diversion meets the
following criteria:
(A) Will not impair
existing water rights;
(B) will
not prejudicially and unreasonably affect the public interest; and
(C) will not substantially increase the
consumptive use in violation of K.A.R. 5-5-3.
(c) If the chief engineer adopts a regulation
pertaining to applications for additional rate only for a specific groundwater
management district, or issues an order concerning that type of application
pursuant to an intensive groundwater use control area (IGUCA) proceeding
authorized by
K.S.A. 82a-1036 et seq. and amendments thereto, the
application for additional rate shall be processed by the chief engineer
pursuant to the provisions of that regulation or IGUCA order.
Notes
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