Kan. Admin. Regs. § 82-3-135b - Protesters
Current through Register Vol. 40, No. 39, September 30, 2021
Each protest against the granting of an application for an order or permit filed pursuant to K.A.R. 82-3-135a shall be considered under the following conditions and requirements:
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82-3-135b. Protesters. Each protest against the granting of an application for an order or permit filed pursuant to K.A.R. 82-3-135a shall be considered under the following conditions and requirements:
(a) A protest may be filed by any person having a valid interest in the application. Each protest shall be submitted in writing and shall provide the name and address of the protester and the title and docket number of the proceeding. The protest shall include a clear and concise statement of the direct and substantial interest of the protester in the proceeding, including specific allegations as to the manner in which the grant of the application will cause waste, violate correlative rights, or pollute the water resources of the state of Kansas.
(b) If the protester opposes only a portion of the proposed application, the protester shall state with specificity the objectionable portion. (c)(1) The protest shall be filed with the conservation division according to the following deadlines:
(A) For each protest of production matters, within 15 days after publication of the notice of the application required in K.A.R. 82-3-135a; and
(B) for each protest of environmental matters, within 30 days after publication of the notice of the application required in K.A.R. 82-3-135a.
(2) Failure to file a timely protest shall preclude the interested person from appearing as a protester.
(d) Each protester shall serve the protest upon the applicant at the same time or before the protester files the protest with the conservation division. The protest shall not be served on the applicant by the conservation division.
(e) To secure consideration of a protest, the protester shall offer evidence or a statement or participate in the hearing. (Authorized by K.S.A. 55-152, 55-704, and 55-901; implementing K.S.A. 55-605, 55-901, 55-1003; effective April 23, 1990; amended Oct. 24, 2008.)