Kan. Admin. Regs. § 5-3-11 - Availability of water for appropriation-safe yield; unconfined groundwater aquifers

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

(a) Each application to appropriate groundwater from an unconfined aquifer shall be processed in accordance with this regulation.
(b) To determine the safe yield available for appropriation from an unconfined aquifer at a specific location, the following procedure shall be used by the chief engineer:
(1) The amount of calculated recharge occurring within the area of consideration shall be determined by the chief engineer.
(2) That amount shall be multiplied by the percent of calculated recharge determined by the chief engineer to be available nondomestic groundwater and surface water for appropriation.
(3) The total quantity of water authorized and requested in the same area of consideration shall be subtracted from the number derived from paragraph (b)(2) above. If a water right or permit authorizes more than one point of diversion and not all of them are within the area of consideration, the authorized quantity shall be divided equally between or among all the points of diversion, unless information is available to more accurately distribute the authorized quantity between or among the multiple points of diversion.
(c)
(1) If the quantity of water remaining is sufficient to satisfy the proposed application, then the safe yield criteria shall be deemed to have been met, unless there are other relevant factors that need to be taken into account in order to protect the public interest. The application shall then be processed according to other criteria in effect in that area.
(2) If there is sufficient water available to reasonably satisfy part of the request, then the application shall be approved for the quantity available if the remaining quantity is reasonable for the proposed use and the application meets the other applicable criteria in that area.
(3) If no water is available to satisfy the proposed application, then the application shall be denied by the chief engineer.
(d)
(1) In making a safe yield calculation, unless the context clearly requires otherwise, the following words and phrases shall have the meanings ascribed to them:
(A) "Circle" means a circle with a two-mile radius, with the proposed point of diversion as the center.
(B) "Area of consideration" means the portion of the two-mile circle located within the limits of the unconfined aquifer expressed in acres, including any area of the circle located within the boundaries of a groundwater management district. The area of consideration shall not include any portion of the circle located outside the state of Kansas.
(C) "Total quantity of water" means the total combined authorized annual quantities under all groundwater rights and approvals of applications, and requested by pending applications with a senior priority in that unconfined aquifer except for domestic use, temporary permits, and term permits for five or fewer years with priority dates senior to the proposed application and with points of diversion located within the area of consideration.
(D) "Calculated recharge" means that portion of the average annual precipitation that becomes recharge to the unconfined aquifer, calculated using the data shown on water resources investigations report 87-4230, plate no. 4, dated 1987, prepared by the United States geological survey, hereby adopted by reference, interpolated to the nearest tenth of an inch, unless better or more specific recharge data for the area of consideration, basin, or aquifer is supplied by the applicant or is already available to the chief engineer.
(2) The calculated recharge in the Kansas river alluvium shall be determined by taking 25% of the average annual rainfall in the area of consideration as taken from figure 2, United States geological survey water resources investigation report 92-4137, dated 1993, hereby adopted by reference, interpolated to the nearest 0.1 of an inch.
(3) For each application to appropriate groundwater from an unconfined aquifer filed on or after the effective date of this regulation, the percentages of calculated recharge that shall be considered to be available for appropriation shall be determined using the following table:

Percent of Calculated River Basin

Recharge Available for Appropriation

(A) 100% plus the recharge from the Missouri River available Missouri

to the well, as calculated by a Jenkins or similar stream-

depletion technique.

(B) 100% Arkansas River below Hutchinson*

Big Blue River **

Black Vermillion River **

Delaware River **

Little Arkansas River below GMD No. 2 *

Little Blue River **

Little Osage River **

Lower Republican River Basin outside

the effective alluvium and the

Belleville formation that does not

contribute significant baseflow to a

stream**

Marais des Cygnes River **

Mill Creek **

Marmaton River **

Nemaha River **

Pottawatomie Creek **

Smoky Hill River below its confluence

with the Saline River **

Spring River *

Stranger Creek **

Sugar Creek **

Vermillion Creek **

Wakarusa River **

Walnut River *

Any hydrologic unit that does not

contribute significant baseflow to a

stream.

(C) 75% Any hydrologic units in the following

river basins that contribute

significant baseflow to a stream:

Arkansas River above Hutchinson*

Caney River *

Cottonwood River *

Cow Creek outside the boundaries of GMD

No. 2 and GMD No. 5*

Elk River *

Fall River *

Kansas River **

Little Arkansas River above GMD No. 2 *

Lower Republican River Basin outside

the effective alluvium and the

Belleville formation that contributes

significant baseflow to a stream. **

Neosho River *

Ninnescah River *

Saline River **

Salt Creek **

Smoky Hill above its confluence with

the Saline River **

Solomon River **

South Fork Ninnescah River (except

Smoots Creek) *

Upper Republican Basin outside areas

closed to new appropriations as set

forth in paragraph (d)(5) of this

regulation. **

Verdigris River *

Any other basin in Kansas not

specifically identified

(D) 50% Any hydrologic units in the following

river basins that contribute

significant baseflow to a stream:

Bluff Creek-Chikaskia River *

Bluff Creek-Cimarron River *

Chikaskia River *

Cimarron River outside GMD No. 3 *

Medicine Lodge River *

North Fork Ninnescah River *

Rattlesnake Creek *

Salt Fork Arkansas River *

Sandy Creek *

South Fork Ninnescah River (Smoots

Creek only) *

* Located in Arkansas River Basin

** Located in Kansas River Basin

(4) The total quantity of water and the percent of calculated recharge originally available to be appropriated for nondomestic groundwater and surface water use in all or part of the following basins, subbasins, stream reaches, and other hydrologic units identified in electronic data file unitbsn.e00, dated July 30, 1997, prepared by the division of water resources, Kansas department of agriculture and hereby adopted by reference for the purpose of defining the boundaries of the hydrologic units, shall be determined using the following table:

South-Central Kansas Designated Unit Areas

Original

Recharge Recharge Percentage Quantities General Abbreviation for

Map Effective Area Rate Quantity of Recharge Available Location Portion of Basin

Label Date (acres) (in/yr) (Ac-ft/yr) to Appropriate (Ac-ft/yr) (Twp.-Range) or Basins

1 November 28, 1994 32204 1.8 4831 100% 4831 29-12w Chikaskia

2 November 28, 1994 41426 1.8 6214 100% 6214 30-11w Chikaskia

3 November 28, 1994 55524 1.8 8329 50% 4164 29-10w Chikaskia

4 November 28, 1994 43603 1.8 6540 50% 3270 30-10w Chikaskia

5 November 28, 1994 46828 2.0 7805 50% 3902 31-05w Chikaskia

6 November 28, 1994 46895 2.5 9770 50% 4885 33-03w Chikaskia

7 November 28, 1994 37378 3.0 9344 50% 4672 34-02w Chikaskia

8 November 28, 1994 42210 3.0 10553 50% 5276 33-01w Chikaskia

9 November 28, 1994 15145 2.0 2524 100% 2524 30-08w Chikaskia

10 November 28, 1994 6855 2.0 1143 100% 1143 31-06w Chikaskia

11 November 28, 1994 2824 2.0 471 100% 471 31-06w Chikaskia

12 November 28, 1994 8548 2.0 1425 100% 1425 31-05w Chikaskia

13 November 28, 1994 12165 2.0 2027 50% 1014 31-07w Chikaskia

14 November 28, 1994 27213 2.0 4535 50% 2268 32-05w Chikaskia

15 November 28, 1994 21101 1.5 2638 50% 1319 31-15w Medicine Lodge

16 November 28, 1994 7489 1.5 936 50% 468 32-11w Medicine Lodge

17 November 28, 1994 20516 1.5 2564 50% 1282 33-11w Medicine Lodge

18 November 28, 1994 34426 1.5 4303 50% 2152 29-19w Rattlesnake

19 November 28, 1994 25566 1.5 3196 50% 1598 29-18w Medicine Lodge

20 November 28, 1994 56730 1.8 8509 100% 8509 29-14w Medicine Lodge

21 November 28, 1994 41800 1.8 6270 50% 3135 30-12w Medicine Lodge

22 November 28, 1994 15825 1.2 1582 50% 791 30-17w Medicine Lodge

23 November 28, 1994 59864 1.5 7483 50% 3742 29-16w Medicine Lodge

24 November 28, 1994 37658 1.5 4707 100% 4707 29-15w Medicine Lodge

25 November 28, 1994 102144 1.9 16173 75% 12130 28-09w SF Ninnescah

26 November 28, 1994 10638 2.0 1773 75% 1330 28-07w SF Ninnescah

27* Revision 84047 2.0 14008 50% 7004 26-07w SF Ninnescah

28 November 28, 1994 5196 2.2 953 75% 714 28-04w SF Ninnescah

29 November 28, 1994 73816 1.9 11688 100% 11688 28-07w Chik/SFNin/Nin

30 November 28, 1994 38651 2.0 6442 100% 6442 30-05w Chik/SFNin/Nin/Ark

31 November 28, 1994 5572 2.3 1068 100% 1068 31-04w Chik/Ark

32 November 28, 1994 21937 2.0 3656 100% 3656 27-07w SF Ninnescah

33 November 28, 1994 40646 2.5 8468 75% 6351 23-08w Arkansas

34 November 28, 1994 41974 2.3 8045 75% 6034 24-08w NF Ninnescah

35 November 28, 1994 3917 2.0 653 75% 490 26-08w NF Ninnescah

36 November 28, 1994 12106 2.0 2018 75% 1513 27-10w NF Ninnescah

37 November 28, 1994 8135 2.0 1356 75% 1017 26-08w NF Ninnescah

38* Revision 34550 1.2 3455 50% 1728 32-20w Bluff Creek (Cim)

39 November 28, 1994 21875 1.2 2188 50% 1094 33-20w Bluff Creek (Cim)

40 November 28, 1994 11466 1.2 1147 50% 573 33-20w Bluff Creek (Cim)

41 November 28, 1994 8565 1.6 1142 50% 571 34-17w Salt Fork Arkansas

42 November 28, 1994 3746 1.6 499 50% 250 33-15w Salt Fork Arkansas

43 November 28, 1994 9763 1.6 1302 50% 651 34-15w Salt Fork Arkansas

44 November 28, 1994 33060 1.8 4959 100% 4959 31-10w Sandy Cr

45 November 28, 1994 3922 1.8 588 100% 588 33-09w Sandy Cr

46 November 28, 1994 26959 1.8 4044 50% 2022 32-10w Sandy Cr

47 November 28, 1994 41296 1.8 6194 50% 3097 34-09w Sandy Cr

48 November 28, 1994 36364 1.9 5758 50% 2879 31-08w Bluff Creek (Chik)

49 November 28, 1994 45511 2.0 7585 50% 3793 32-07w Bluff Creek (Chik)

50 November 28, 1994 23546 2.3 4513 50% 2257 34-06w Bluff Creek (Chik)

51 November 28, 1994 25608 2.7 5762 50% 2881 35-03w Bluff Creek (Chik)

52 November 28, 1994 4460 1.9 706 100% 706 32-09w Sandy Cr

53 November 28, 1994 17083 2.0 2847 100% 2847 33-08w Sandy Cr/Bluf (Chik)

54 November 28, 1994 3845 2.0 641 50% 320 32-08w Sandy Cr/Bluf (Chik)

55 July 5, 1996 3582 1.2 358 50% 179 35-18w Cimarron

56 July 5, 1996 10967 1.2 1097 50% 548 35-19w Cimarron

57 July 5, 1996 37387 1.2 3739 50% 1869 34-20w Cimarron

58 July 5, 1996 3379 1.3 366 50% 183 33-21w Cimarron

59 July 5, 1996 5885 1.3 638 50% 319 35-22w Cimarron

60 July 5, 1996 14854 1.3 1609 50% 805 33-22w Cimarron

61 July 5, 1996 34080 1.3 3692 50% 1846 34-22w Cimarron

62 July 5, 1996 25419 1.3 2754 50% 1377 31-17w Salt Fork

63 July 5, 1996 29813 1.3 3230 15% 484 32-17w Salt Fork

64 July 5, 1996 90035 1.3 9754 50% 4877 31-18w Salt Fork

65 July 5, 1996 35931 1.3 3893 50% 1946 31-19w Bluff Creek

66 July 5, 1996 100983 1.3 10940 50% 5470 30-20w Bluff-Rattlesnake

67 July 5, 1996 111132 1.2 11113 50% 5557 30-24w Bluff-Crooked

68 July 5, 1996 12188 1.2 1219 50% 609 31-23w Cimarron

69 July 5, 1996 5518 1.2 552 50% 276 31-24w Cimarron

70 July 5, 1996 32689 1.2 3269 50% 1634 32-25w Cimarron

71 July 5, 1996 94734 1.3 10263 50% 5131 32-26w Cim-Crooked

72 July 5, 1996 44833 1.3 4857 50% 2428 33-27w Cim-Crooked

73 July 5, 1996 50088 1.3 5426 50% 2713 34-27w Cim-Crooked

74 July 5, 1996 25210 1.3 2731 50% 1366 35-27w Cim-Crooked

75 July 5, 1996 103816 1.3 11247 50% 5623 34-24w Cim-Crooked

76 July 5, 1996 23296 1.2 2330 50% 1165 30-22w Bluff-Rattlesnake

77 July 5, 1996 27666 1.2 2767 50% 1383 32-15w Salt-Medicine

78 July 5, 1996 5261 1.2 526 100% 526 35-13w Salt Fork

79 July 5, 1996 8249 1.8 1237 50% 619 31-12w Medicine

* Revision is effective the date of this regulation.

(5) The following hydrologic units, which have been determined by the chief engineer to be fully appropriated based on the safe yield criteria, shall be closed to further new surface water and groundwater appropriations except for domestic use, temporary permits, and term permits for five years or less:
(A) Big Creek, its tributaries and their valley alluviums, and any other aquifer that has a substantial hydraulic connection to an alluvium;
(B) Beaver Creek and Little Beaver Creek, their tributaries and their alluviums, and any other aquifer that has a substantial hydraulic connection to an alluvium;
(C) North Fork Solomon River, its tributaries and their alluviums, and any other aquifer that has a substantial hydraulic connection to an alluvium;
(D) Prairie Dog Creek, its tributaries and their alluviums, and any other aquifer that has a substantial hydraulic connection to an alluvium;
(E) Sappa Creek, its tributaries and their alluviums, and any other aquifer that has a substantial hydraulic connection to an alluvium;
(F) South Fork of the Solomon River, its tributaries and their alluviums above Glen Elder Dam, and any other aquifer that has a substantial hydraulic connection to an alluvium; and
(G) Walnut Creek, its tributaries and their alluviums, and other hydraulically connected aquifers outside the boundaries of the intensive groundwater use control area created by order of the chief engineer shall be those set forth below:

Section Township Range County

28 through 33 18S 23W Barton

4 through 10 and 14 through 36 18S 14W Barton

1 through 36 18S 25W Barton

3 through 11 and 14 through 23 29S 13W Barton

1 through 6, 9 through 15, and 22 through 24 29S 14W Barton

1 19S 15W Barton

31 through 35 17S 16W Rush

19 through 36 17S 17W Rush

19 through 36 17S 18W Rush

23 through 26 and 31 through 36 17S 19W Rush

35 and 36 17S 20W Rush

1 through 36 18S 16W Rush

1 through 36 18S 17W Rush

1 through 36 18S 18W Rush

1 through 36 18S 19W Rush

1 through 36 18S 20W Rush

3 through 6 19S 16W Rush

1 through 6 19S 17W Rush

1, 2, 11, and 12 19S 20W Rush

32 through 34 17S 25W Ness

1 through 36 18S 21W Ness

1 through 4 and 7 through 36 18S 22W Ness

19, 25 through 36 18S 23W Ness

23 through 27, 35, and 36 18S 24W Ness

1 through 5, 10 through 13, 24, 33, and 34 28S 25W Ness

4 through 9 19S 21W Ness

1 through 12, 17 and 18 19S 22W Ness

1 through 23 19S 23W Ness

1, 2, and 7 through 29 19S 24W Ness

1 through 3 and 11 through 13 19S 25W Ness

(6) "Technical guidelines for determining the availability of groundwater for appropriation in the Lower Republican River Basin and Belleville Formation and the availability of surface water for appropriation in the Lower Republican River Basin," adopted by the chief engineer, division of water resources, Kansas department of agriculture, on October 1, 1999, is hereby adopted by reference as determining the availability of groundwater for appropriation in the lower Republican River basin and Belleville formation and the availability of surface water for appropriation in the lower Republican River basin.
(7)
(A) All applications for a permit to appropriate groundwater from the area described in paragraph (7) (B) for any beneficial use, except for domestic use, temporary permits, and short-term permits for five or fewer years, shall be accepted for filing and given a file number, if acceptable for filing. The application shall be returned by the chief engineer, and the reason that the application will be denied shall be specified by the chief engineer. The applicant shall be given 30 days to show cause why the application should not be denied. If the applicant does not show good cause, the application shall be dismissed.
(B) The area is described as sections 17, 18, 19, 20, township 7 south, range 6 west, and sections 13, 14, township 7 south, range 7 west, all in Mitchell County, Kansas.
(C) All applications for permits to appropriate groundwater from sections 29 and 30 in township 7 south, range 6 west, and sections 12, 15, 16, 21, 22, 23, 24, 25, 26, and 27 in township 7 south, range 7 west, all in Mitchell County, Kansas, for any beneficial use, except for domestic use, temporary permits, and term permits for five or fewer years, shall be processed based on the criteria set forth below in paragraph (7) (D).
(D) No new wells shall be allowed in the area described in paragraph (7) (C) above if the proposed well would produce one foot or more of additional drawdown at any existing well in that area and if the proposed well was pumped continuously for 45 days (1,080 hours) at the rate requested on the application. This analysis shall be done by using the Theis equation, with a coefficient of transmissivity of 71,000 gallons per day per foot (gpd/ft) and a coefficient of storage of 0.02.
(E) Any application for a change in the point of diversion filed for a well located in the areas described in paragraphs (7) (B) and (C) above shall be limited to a move of no more than 100 feet, unless the applicant can show the chief engineer that the proposed move will not prejudicially and unreasonably affect the public interest, will not impair existing water rights, and otherwise complies with the provisions of K.S.A. 82a-708b, and amendments thereto.

Notes

Kan. Admin. Regs. § 5-3-11
Authorized by K.S.A. 82a-706a; implementing K.S.A. 1999 Supp. 82a-711; effective Nov. 28, 1994; amended Sept. 22, 2000.

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