Kan. Admin. Regs. § 5-5-2a - Complete change application
(a) An
application to change a water right pursuant to
K.S.A. 82a-708b, and amendments thereto, shall be
considered to be a "complete application," if the application completely and
accurately meets all of the requirements specified in this regulation and the
following criteria:
(1) The requirements
specified in
K.S.A. 82a-708b, and amendments thereto;
(2) any water conservation plans required by
the chief engineer pursuant to
K.S.A. 82a-733, and amendments thereto;
(3) the requirements specified in K.A.R.
5-5-1;
(4) the requirements
specified in K.A.R. 5-5-5;
(5) the
requirements specified in K.A.R. 5-3-4d;
(6) a demonstration that the proposed point
of diversion meets all applicable well spacing criteria; and
(7) 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.
(b) 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.
(c) If the proposed point of diversion is
located within the boundaries of a groundwater management district, a final
recommendation or an analysis of water availability has been received from the
groundwater management district within the time allowed by the chief engineer
concerning the approval, denial, or modification of the application.
(d) If any questions have 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 those questions.
(e) 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 application for change approvable,
including dismissals, division agreements, 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.
(f) If the application involves a change in
the place of use or the use made of water, the applicant shall submit all
information and data necessary to ensure that the consumptive use will not be
increased substantially in violation of K.A.R. 5-5-3.
(g) If the application proposes to add one or
more additional wells in accordance with the provisions of K.A.R. 5-5-16, the
applicant shall submit all tests, data, and information required by that
regulation.
(h) If there is an
issue as to whether the water right for which the change application has been
filed has been abandoned in whole or in part pursuant to
K.S.A. 82a-718, and amendments thereto, the
applicant shall submit whatever information is necessary to resolve all
abandonment issues.
(i) Each
application shall be accompanied by an aerial photograph or a detailed plat
with a scale of one inch equals 1,320 feet, or a U.S. geological survey
topographic map with a scale of 1:24,000.
The following information shall be plotted on the plat, photograph, or topographic map:
(1)
The section corners;
(2) the
center of the section, identified by the section number, township, and range;
(3) the actual location of the
currently authorized point of diversion and the location of the proposed point
of diversion indicated by appropriate symbols;
(4) the location of the place of use
identified by crosshatching or by some other appropriate method;
(5) the location of all other water wells of
every kind within one-half mile of the well or wells to be authorized by the
proposed appropriation, each of which shall be identified by its use and the
name and mailing address of the owner, if the proposed appropriation is for use
of groundwater;
(6) the name and
mailing address of the owner or owners of each tract of land adjacent to the
stream for a distance of one-half mile upstream and one-half mile downstream
from the property lines of the land owned or controlled by the applicant, if
the proposed appropriation is for the use of surface water;
(7) the locations of proposed or existing
dams, dikes, reservoirs, canals, pipelines, power-houses, and other structures
for the purpose of storing, conveying, or using water; and
(8) a north arrow and scale.
All information shown on the photograph, plat, or map shall be legible. Black line prints may be submitted in lieu of the original drawing if a plat is submitted.
(j) The applicant shall certify on the
application that all water wells of any kind located within one-half mile of
the requested point of diversion have been plotted on the plat, photograph, or
map attached to the application.
(k) 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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