Kan. Admin. Regs. § 5-22-8

Current through Register Vol. 43, No. 49, December 5, 2024

Section 5-22-8 - Change applications

(a) Except as set forth in subsection (d), the approval of each application for a change in point of diversion for a vested right, appropriation right, permit, term permit, or an application to appropriate groundwater shall be subject to the following requirements:

(1) The maximum distance a replacement well can be located from the originally authorized location shall be 2,640 feet.

(2) A replacement well located more than 300 feet from the currently authorized location shall comply with the provisions of K.A.R. 5-22-2.

(3) An application for a change in point of diversion shall be accompanied by either a completed abandoned-well or inactive-well agreement if the original well will no longer be authorized by any other vested right, appropriation right, approval of application, or term permit and the well has not been properly physically adapted for, and actually used for, domestic use. The completed agreement shall be submitted by the applicant with the application for a change in point of diversion on a form prescribed by the district.

(4) Each point of diversion described in the application shall be equipped with a water flowmeter that meets or exceeds the criteria of K.A.R. 5-22-4, K.A.R. 5-22-4a, K.A.R. 5-22-4b, and K.A.R. 5-22-4d.

(b) The approval of each application for a change in place of use or the use made of water for a vested right, appropriation right, approval of application, and term permit shall have a condition that a water flowmeter that meets or exceeds the requirements of K.A.R. 5-22-4, K.A.R. 5-22-4a, K.A.R. 5-22-4b, and K.A.R. 5-22-4d be installed on each point of diversion described in the application.

(c) Except as specified in subsection (d), each approval of application for a change in place of use for irrigation purposes shall be subject to the following requirements:

(1) If the time to perfect the water right has expired, the water right shall be certified before the change application may be approved.

(2) The approval of the application for change in place of use shall not authorize an increase in the size of the authorized place of use in excess of the limits specified in K.A.R. 5-5-11(b).

(d) An application for change in place of use for irrigation purposes filed only for the purpose of creating an identical place of use with another water right or rights shall not be subject to subsection (c) if all of the following conditions are met:

(1) There is not a net increase in the number of authorized acres.

(2) Each water right involved in the proposed identical overlap in place of use is certified by the chief engineer before processing the change application if approval of the change application would authorize an increase in base acreage as defined in K.A.R. 5-5-11(a).

(3) The total quantity authorized by all existing water rights and all permits involved is reasonable to irrigate the land authorized after the change in place of use is approved.

Kan. Admin. Regs. § 5-22-8

Authorized by and implementing K.S.A. 82a-706a and K.S.A. 2003 Supp. 82a-1028; effective Oct. 15, 1990; amended March 7, 1994; amended Nov. 12, 2004.