Kan. Admin. Regs. § 5-25-14 - Battery of wells

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

(a) An application for a change in point of diversion to convert one well to a battery of wells, as defined in K.A.R. 5-1-1, shall not be considered for approval unless all of the criteria in paragraph (a)(1), (2), or (3) below are met:
(1)
(A) The proposed battery of wells meets the definition of a battery of wells as defined in K.A.R. 5-1-1.
(B) The time to construct the diversion works has not expired.
(C) The proposed rate of diversion does not exceed the currently authorized rate of diversion.
(2)
(A) The proposed battery of wells meets the definition of a battery of wells as defined in K.A.R. 5-1-1.
(B) Water is available for appropriation at the geocenter of the proposed well battery based on the criteria set forth in K.A.R. 5-25-4(c).
(C) The proposed rate of diversion does not exceed the currently authorized rate of diversion.
(3)
(A) The proposed battery of wells meets the definition of a battery of wells as defined in K.A.R. 5-1-1.
(B) A certificate of appropriation has been issued pursuant to K.S.A. 82a-714 and amendments thereto.
(C) The maximum instantaneous rate of diversion approved shall be either of the following:
(i) The maximum instantaneous rate of diversion under normal operating conditions actually used during any of the three consecutive calendar years before the date of the application for change; or
(ii) the tested rate of diversion achieved under actual operating conditions made by a tester approved by the chief engineer. The test of the rate of diversion shall be made within six months either before or after the change application is filed.
(D) The proposed rate of diversion does not exceed the currently authorized rate of diversion.
(b) In addition to meeting the requirements specified in subsection (a), the applicant shall also demonstrate that approval of the battery of wells will not impair existing water rights or approvals of applications and will not prejudicially and unreasonably affect the public interest.
(c) Each permit shall also be conditioned by the chief engineer so that the permit is subject to K.A.R. 5-25-2a (b) and (c).

Notes

Kan. Admin. Regs. § 5-25-14
Authorized by K.S.A. 82a-706a and K.S.A. 2002 Supp. 82a-1028; implementing K.S.A. 82a-706, K.S.A. 82a-706a, K.S.A. 2002 Supp. 82a-706b, and K.S.A. 2002 Supp. 82a-1028; effective Oct. 31, 2003.

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