Kan. Admin. Regs. § 5-3-17 - Safe yield; miscellaneous exemptions

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

In any area of the state which is subject to safe yield criteria, and outside a groundwater management district or an intensive groundwater use control area closed to new non-domestic, non-temporary uses, each application to appropriate groundwater for a beneficial use shall be exempt from meeting the safe yield criteria if the chief engineer finds that:

(a) the proposed use has occurred continuously since prior to the effective date of this regulation;
(b) the proposed use could have reasonably been classified by the division of water resources as a domestic use at the time the use began; and
(c) all other requirements in effect for the approval of a new application to appropriate water at that location have been met.

Notes

Kan. Admin. Regs. § 5-3-17
Authorized by K.S.A. 82a-706a; implementing K.S.A. 1993 Supp. 82a-711; effective Nov. 28, 1994.

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