Kan. Admin. Regs. § 5-25-18 - Changes of well locations within the Rattlesnake creek basin

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

(a) Each application to change the location of a well within the Rattlesnake creek basin by more than 2,640 feet may be approved by the chief engineer if all of the following conditions are met:
(1) The source of water supply for the currently authorized well and the proposed well is the Rattlesnake creek basin as defined in K.A.R. 5-6-15.
(2) The currently authorized well is located within the corridor or the number two priority decline area as defined in figure two of the Rattlesnake creek management plan accepted by the chief engineer on July 11, 2000.
(3) The well will be moved to a location outside the corridor or the number two priority decline area as defined in figure two of the Rattlesnake creek management plan accepted by the chief engineer on July 11, 2000.
(4) The average saturated thickness in the two-mile-radius circle in which the proposed well will be located is greater than 40 feet as shown on the saturated thickness map adopted by reference in K.A.R. 5-25-19.
(5) The water level within the two-mile-radius circle surrounding the proposed well location has not declined in excess of 20 feet of the predevelopment water level as shown in Kansas geological survey bulletins numbered 65, 80, and 88.
(6) The change proposes the relocation of all the water right or a divided water right.
(7) No other well has previously been authorized by the chief engineer to be relocated within a one-mile radius of the proposed well location under the provisions of this regulation, or the applicant demonstrates that the proposed well will not impair existing water rights.
(8) The water right that is proposed to be changed is vested or certified.
(9) All other statutory and regulatory requirements for approval of a change in point of diversion that do not conflict with this regulation are met.
(b) The approval of the change in point of diversion shall be subject to the conditions specified in this subsection:

The approval of the application to change the point of diversion shall be subject to review by the chief engineer 10 years after the approval of the change application. If the water level at the new well location has declined in excess of 10 feet from the date the new well was drilled, for the sole purpose of administering wells concerning direct impairment, the new well shall be considered to have the priority of the date of the application to change the point of diversion. The owner of the well shall have the option of applying for another change in point of diversion.

(c) The quantity of water that can be approved for a change in point of diversion meeting the requirements of subsection (a) above shall be determined based on the following tables.

Points

point value for each saturated thickness at quantity of water authorized in two-mile-radius feet of decline in two-mile-radius circle

column at right proposed well site, in feet circle around proposed well, in acre-feet around proposed well since pre-development

1 146 + 0-1,500 0-4

2 111-145 1,501-3,000 5-8

3 91-110 3,001-4,500 9-12

4 66-90 4,501-6,000 13-16

5 41-65 6,001 + 17-20

Percent of a water right that can be moved to a new location

number of points scored percent of water right that can be moved to new well location

by proposed well

3-6 100

7-9 90

10-12 80

13-15 70

Notes

Kan. Admin. Regs. § 5-25-18
Authorized by K.S.A. 82a-706a and K.S.A. 2002 Supp. 82a-1028; implementing K.S.A. 82a-706a and K.S.A. 2002 Supp. 82a-1028; effective Oct. 31, 2003.

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.