Kan. Admin. Regs. § 98-5-2 - Applications
(a) Each
application to enter into a water purchase contract shall be submitted in
writing on forms prescribed by the director and shall be signed by the person
making the application or the person's chief officer or designated
representative. The application shall be filed with the director.
(b) Each application shall include the
following information:
(1) The name and
address of the applicant;
(2) the
reservoir from which the applicant proposes to withdraw water;
(3) the peak daily rate at which the
applicant proposes to withdraw water and the total annual quantity to be
withdrawn;
(4) the uses proposed to
be made of waters withdrawn; and
(5) the estimated date of first withdrawal of
water.
(c) Each
application shall be reviewed by the director or designee for compliance with
statutory and regulatory requirements and for completeness.
(d) Each application that is complete and
meets statutory and regulatory requirements shall be assigned an application
number. Application numbers shall be assigned in chronological order according
to the date and time of receipt of each application. The applicant shall be
notified of the receipt of and the application number assigned to the
application. Notice may be provided through any means, including electronic
mail or first-class mail, to the applicant.
(e) Each application that is not complete or
does not meet statutory or regulatory requirements shall be returned to the
applicant for further information or resubmission in order to meet the
statutory and regulatory requirements. No application number shall be assigned
to incomplete or nonconforming applications.
(f) When an application to enter into a water
purchase contract is accepted by the director, notice of the acceptance shall
be provided to other applicants for withdrawal of water from the same reservoir
and each water assurance district or water supply access district with a water
assurance contract relating to the same reservoir at the last known address of
each applicant or water assurance district. The notice shall specify the name
of the applicant whose application has just been accepted and the annual
quantity of water included in the application. Notice shall be provided by
first-class mail, postage prepaid, to the last address on file for the
applicant.
(g) If a water purchase
contract has not been executed before 10 years from the date of the receipt of
the application and if the applicant has not requested an extension of time for
the application, the application shall be cancelled, according to subsection
(h).
(h) Before cancellation of an
application, the applicant shall be notified by the director in writing that
the application shall be cancelled 30 days after date of the notice unless the
applicant submits to the director a written request for an extension of time
for the application. The notice shall be sent by first-class mail, postage
prepaid, to the applicant's last known address. Notice may also be provided by
electronic mail. The application shall be cancelled if a written request to
extend the application is not received within 30 days from date of the
notice.
(i) Ten years from the date
of the receipt of the application, the applicant may request, in writing, that
the application be extended for no more than three years. The extension shall
be granted, unless the application is found to be incomplete or not in
compliance with statutory or regulatory requirements.
(j) Any part of the application, except the
reservoir from which the applicant proposes to withdraw water, may be amended
at any time. Each applicant wanting to change the reservoir from which the
applicant proposes to withdraw water shall file a new application. The new
application shall be assigned a date and application number as provided in
subsection (e).
Notes
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