Kan. Admin. Regs. § 5-23-4a

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

Section 5-23-4a - Criteria for closing townships to new appropriations

(a) Entire townships shall be closed to further appropriation of water for beneficial use from the high plains aquifer if at least one of the following conditions exists:

(1) The entire township is fully appropriated.

(A) A township shall be considered to be fully appropriated if the aquifer within the township would be depleted by 40 percent or more in 25 years if current vested rights and appropriations are fully exercised and all limitation clauses listed on permits to appropriate water and certificates are in force.

(B) Aquifer depletion shall be calculated using the allowable annual appropriation formula described in subsection (b) with the area of consideration equal to the number of acres within sections of land containing saturated thickness within the township.

(2) The average saturated thickness of the aquifer within the township is 50 feet or less, as set forth in K.A.R. 5-23-15.

(3) The aquifer has been depleted by 20 percent or more since 1950. Depletion since 1950 shall be determined from maps or data, or both, recommended by the board and adopted by the chief engineer by regulation.

(4) Groundwater pumping has lowered the water level of the high plains aquifer, which has diminished the baseflow from the aquifer to the stream and impaired senior domestic surface water rights and other senior surface water rights.

(5) Groundwater pumping in an area has lowered the water level of the freshwater to the point that the issuance of additional approvals of applications will induce water in excess of 250 milligrams per liter chlorides to mix with overlying freshwater, causing contamination of the overlying freshwater.

(b) Except for the types of wells listed in subsection (c), the proposed appropriation, when added to the vested rights, prior appropriation rights, and earlier priority applications, shall not exceed, in 25 years, a calculated rate of depletion of 40 percent of the saturated thickness underlying the area of consideration. For the purpose of analysis, all vested rights, appropriation rights, approvals of applications, and prior unapproved applications shall be considered to be fully exercised, and all limitation clauses on approvals of application and certificates shall be considered to be in force. The allowable annual appropriation shall be calculated using the following formula:

Allowable Aquifer Yield = 0.40AMS + 25 AR 12

Allowable aquifer yield = the amount of water, measured in acre-feet, available annually for appropriation from a proposed point of diversion (well).

A = the "area of consideration" shall be equal to the number of acres within sections containing saturated thickness within the township and within the district.

M = the number of feet of average saturated thickness of the high plains aquifer within the township as set forth in K.A.R. 5-23-15.

S = the storage coefficient or a specific yield of 15 percent.

R = average annual recharge and return flow, which shall be one inch per year.

(c) The calculation specified in subsection (b) shall not include the following types of wells:

(1) Wells for domestic use;

(2) wells authorized by temporary permits; and

(3) wells authorized by term permits of fewer than five years.

Kan. Admin. Regs. § 5-23-4a

Authorized by K.S.A. 82a-706a and 82a-1028(o); implementing K.S.A. 82a-1028(n); effective Sept. 30, 1991; amended Sept. 22, 2000; amended Nov. 21, 2003.