Kan. Admin. Regs. § 5-3-16 - Safe yield; exemptions for up to 15 acre-feet of groundwater

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

(a) Each application to appropriate groundwater in any area of the state shall be exempt from meeting the safe yield criteria if all of the conditions in subsection (b) are met.
(b)
(1) The proposed point of diversion will be located in an area that is outside a groundwater management district that is subject to safe yield criteria and meets either of the following conditions:
(A) Is not closed by regulation or intensive groundwater use control area order by the chief engineer to new nondomestic, nontemporary permits, and term permits for more than five years; or
(B) has not exceeded the quantity of water available to be appropriated in the hydrologic unit as set forth in K.A.R. 5-3-11.
(2) The sum of the annual quantity requested by the proposed appropriation and the total annual quantities authorized by prior permits and water rights allowed because of an exemption pursuant to this regulation does not exceed 15 acre-feet in a two-mile-radius circle surrounding the proposed point of diversion.
(3) The approval of the application does not authorize an additional quantity of water to be diverted from an existing authorized well with a nondomestic permit or water right, which would result in a total combined annual quantity of water authorized from that well in excess of 15 acre-feet.
(4) The approval of the application does not authorize an additional quantity of water to be used on a currently authorized nondomestic place of use in excess of 15 acrefeet.
(5) The maximum authorized rate of diversion does not exceed 50 gallons per minute.
(6) All other criteria for processing a new application to appropriate water at that location have been met.
(c) After an application has been approved pursuant to this regulation, no application to change that water right shall be approved if that approval would authorize the water use approved under that application to be diverted from any other point of diversion authorized at the time the application is filed or to be used on any other place of use authorized at the time the application for change is filed.

Notes

Kan. Admin. Regs. § 5-3-16
Authorized by K.S.A. 82a-706a; implementing K.S.A. 2007 Supp. 82a-711; effective Nov. 28, 1994; amended Sept. 22, 2000; amended Oct. 31, 2008.

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