Kan. Admin. Regs. § 5-5-1 - Filing an application for change
(a) An
application for approval to change the place of use, the point of diversion,
the use made of water, or combinations thereof, filed pursuant to
K.S.A. 82a-708b and amendments thereto, shall be
made on a form prescribed by the chief engineer and shall include whatever
information is required by the chief engineer to properly understand the
proposed change in the place of use, the point of diversion, the use made of
water, or any combination of these.
(b) Before the application may be accepted
for filing, the application shall be signed by at least one owner of the water
right, or a duly authorized agent of an owner.
(c) Except as set forth in subsection (e),
before any approval of an application can be granted, all of the water right
owners, including their spouses, or a duly authorized agent of the owners of
the water right, shall verify upon oath or affirmation that the statements
contained in the application are true and complete.
(d) If one or more owners refuse to sign the
application, or a written request is filed by one or more owners to withdraw
their signatures from the application before the application is approved, the
application shall be dismissed.
(e)
(1) An
application to change the location of a groundwater point of diversion that
proposes to do only the following shall be signed by at least one owner of the
approval of application or water right, or the duly authorized agent, who
verifies upon oath or affirmation all of the items specified below in paragraph
(e)(2):
(A) Move the location of the well 300
or fewer feet; and
(B) have the
new well located on land owned by all the same owners as the owners of the
original point of diversion.
(2)
(A) The
signer of the application for change has the authority to sign the application
on behalf of all the owners.
(B)
None of the ownership interests of any of the owners of the approval of
application or water right will be adversely affected if the application for
change is approved as filed.
(C)
If the application is not approved expeditiously, there will be substantial
damage to property, public health, or safety.
Notes
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