Kan. Admin. Regs. § 5-23-11

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

Section 5-23-11 - Procedures for non-compliance with rules and regulations

The district, its board or manager, any eligible voter within the district, or any person residing within the district that is at least eighteen (18) years of age, may file a written complaint with the district alleging a violation of these rules and regulations, the management program, the groundwater management district act (K.S.A. 82a-1020et seq.), or the water appropriation act (K.S.A. 82a-701et seq.). The written complaint shall be filed at the district office.

Within thirty (30) days following the filing of the complaint, a representative of the district designated by the board shall investigate the complaint. If the representative of the district finds that a violation has existed or presently exists, the representative shall issue a written directive to the violator stating the nature of the violation and directing the violator to come into compliance with these rules and regulations.

If the violator fails to comply with the directive, the district may:

(1) Seek to enjoin the violator's use of water by suitable action in district court until such time as the violator complies; or

(2) Seek the assistance of the chief engineer and the attorney general of the state of Kansas to enjoin the violator's use of water until such time as the violator complies.

Kan. Admin. Regs. § 5-23-11

Authorized by K.S.A. 1980 Supp. 82a-1028(o); implementing K.S.A. 1980 Supp. 82a-1028(n); effective May 1, 1981.