Kan. Admin. Regs. § 5-15-1 - Administration of minimum desirable streamflow

Current through Register Vol. 40, No. 39, September 30, 2021

(a) Except as specified in subsection (d), if the streamflow at a minimum desirable streamflow (MDS) gaging station falls below the streamflow established in K.S.A. 82a-703c, and amendments thereto, for a period of seven consecutive days, a determination of whether the following conditions have been met shall be made by the chief engineer:
(1) The actual daily average streamflow at the gage has been less than the streamflow trigger value set by K.A.R. 5-15-4.
(2) If an alluvial aquifer has a significant effect on streamflow, the static groundwater level in the alluvial aquifer above the gage is insufficient to maintain MDS in the stream.
(b) Whenever the chief engineer determines that MDS administration should occur according to subsection (d) or because the conditions specified in paragraphs (a)(1) and (2) have both been met, water rights and approvals of applications with a priority after April 12, 1984 shall be administered in order of priority as necessary to protect the appropriate minimum desirable streamflow specified in K.S.A. 82a-703c, and amendments thereto. Owners of record in the office of the chief engineer of water rights and approvals of applications that are being administered shall be notified by the chief engineer that water rights and approvals of applications are being administered to protect MDS. This notification shall be made by certified mail, personal notice, or other verifiable means.
(c) After administration to protect MDS has begun, no person that has received notice according to subsection (b) may divert water under the authority of a water right or approval of application with a priority after April 12, 1984, unless one of the following conditions is met:
(1) The owner of the water right or approval of application has entered into an annual MDS consent order with the chief engineer in accordance with the provisions of K.A.R. 5-15-2 and is diverting water in accordance with the terms of that MDS consent order.
(2) The chief engineer has determined, in accordance with the provisions of K.A.R. 5-15-3, that administration of water rights and approvals of applications with a priority after April 12, 1984 is no longer necessary to protect MDS and has notified the owners by certified mail, personal notice, or other verifiable means that diversions may continue in accordance with the terms, conditions, and limitations of the water right or approval of application.
(d) If the streamflow at an MDS gaging station falls below the level established in K.S.A. 82a-703c, and amendments thereto, for a period of seven consecutive days and no streamflow trigger value has been set for an MDS gaging station in K.A.R. 5-15-4, a determination of whether and when MDS administration will begin and how it should occur shall be made by the chief engineer, based on the following factors:
(1) The general hydrologic conditions affecting streamflow in the stream reach;
(2) the magnitude and duration of recent streamflows;
(3) the extent to which groundwater contributes to streamflow;
(4) the effects of drought on streamflow;
(5) the existence and effect of relevant water management agreements;
(6) the magnitude of the effect that the administration of water rights with priorities junior to the MDS values would have on the streamflow; and
(7) the effect of reservoir operations.

This regulation shall be effective on and after August 27, 2002.

Notes

Kan. Admin. Regs. § 5-15-1
Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a-703a, 82a-703b, and 82a-703c; effective, T-5-4-29-02, April 29, 2002; effective Aug. 27, 2002.

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