Kan. Admin. Regs. § 11-12-1 - Definitions
Current through Register Vol. 40, No. 39, September 30, 2021
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11-12-1. Definitions. (a) "Active vested or certified water right" means a vested water right or currently certified appropriation water right that was put to lawful beneficial use in at least six out of the last 10 calendar years of actual irrigation, including any water use that occurred before certification.
(b) "Chief engineer" means chief engineer of the division of water resources, Kansas department of agriculture.
(c) "Closed to new appropriations" and "closed to further appropriations" mean that the chief engineer has issued a formal findings and order or has adopted a regulation and that either the formal findings and order or the regulation prevents the approval of new applications to appropriate water except for domestic use, temporary permits, term permits for five or fewer years, and small use exemptions for 15 acre-feet or less, if the use, permit, or exemption does not conflict with this program.
(d) "Commission" means state conservation commission, which serves as the division's conservation program policy board created by K.S.A. 2-1904, and amendments thereto, within the department of agriculture.
(e) "Consumptive use" means the gross diversions minus the following:
(1) The waste of water, as defined in K.A.R. 5-1-1; and
(2) the return flows to the source of water supply in the following ways:
(A) Through surface water runoff that is not waste; and
(B) by deep percolation.
(f) "Division" means division of conservation, Kansas department of agriculture.
(g) "Dry land transition plan" means a plan submitted by an applicant describing how the use of dry land crops or permanent vegetation, including warm season grasses and cool season grasses, or both uses, will be established on land that was previously irrigated. If permanent vegetation will be established on land that was previously irrigated, the plan shall meet the following requirements:
(1) Specifically describe the amount and timing of any irrigation that will be necessary to establish this cover; and
(2) not exceed three calendar years.
(h) "Eligible water right" means a water right that meets all of the following criteria:
(1) The water right is an active vested or certified water right that has not been abandoned and is privately owned.
(2) The water right has been verified by the chief engineer as being in a target area that is in need of aquifer restoration or stream recovery and is closed to new appropriations of water by the chief engineer, except those for domestic use, temporary permits, term permits for five or fewer years, and small use exemptions for 15 acre-feet or less, if the use, permit, or exemption does not conflict with this program.
(3) The state's dismissal of the water right would have a net reduction in consumptive water use of the aquifer or stream designated for restoration or recovery by the chief engineer.
(4) The point of diversion is located within a target area.
(i) "Groundwater management district" and "GMD" mean any district created by K.S.A. 82a-1020 et seq., and amendments thereto.
(j) "High-priority area" means a geographic area that meets the following conditions:
(1) Is designated by one of the following:
(A) A groundwater management district and the chief engineer, if the area is within the boundaries of a groundwater management district; or
(B) the chief engineer, if the area is outside the boundaries of a groundwater management district; and
(2) is located within a target area that has been delineated for the purpose of ranking any applications being received for grant funding approval in the water right transition assistance program.
(k) "Historic consumptive water use retirement goal" means the total quantity of historic consumptive water use necessary to be retired to meet the goal of the water right transition assistance program in each target area. The identification of a historic consumptive water use retirement goal in each target area provides a reference point for evaluating the program objectives of the water right transition assistance program. The attainment of a historic consumptive water use retirement goal in a particular target area indicates that no more water right transition assistance program funds should be expended in that target area without a requantification of the historic consumptive water use retirement goal.
(l) "Local entity" means any political subdivision chartered to address water conservation.
(m) "Partial water right" means a portion of a water right that will be formally and permanently reduced from a water right by the chief engineer upon approval of an application for enrollment based on the agreement of all of the owners of the water right. Before enrollment of the partial water right, the chief engineer shall determine the net historic consumptive water use that was associated with each portion of the beneficial use of the water right being considered. At the time of enrollment of the partial water right, the owner shall reduce the quantity remaining under the portion of the water right not being enrolled in the water right transition assistance program and any overlapping water rights to the net consumptive use requirement associated with the remainder of the operation.
(n) "Secretary" means secretary of agriculture or designee of the secretary.
(o) "Water right" means any vested right or appropriation right under which a person may lawfully divert and use water. A water right is a real property right appurtenant to and severable from the land on or in connection with which the water is used. The water right passes as an appurtenance with a conveyance of the land by deed, lease, mortgage, will, or other voluntary disposal, or by inheritance.
(p) "WTAP" and "program" mean water right transition assistance program. (Authorized by and implementing K.S.A. 2012 Supp. 2-1930 and 2-1930a; effective Aug. 3, 2007; amended Sept. 26, 2008; amended May 31, 2013.)