Kan. Admin. Regs. § 5-24-5

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

Section 5-24-5 - Allowable appropriation reasonable use

(a) The maximum reasonable annual quantity of water for irrigation use shall not exceed the standards adopted in K.A.R. 5-3-19, K.A.R. 5-3-20, K.A.R. 5-3-21, K.A.R. 5-3-23, and K.A.R. 5-3-24.

(b) The annual quantity of water deemed reasonable on an application for municipal use shall be determined using the following criteria:

(1) The annual quantity of water needed for residential use shall be based on a population projection for the ensuing 20 years. The projected population shall be determined by extending present population for 20 years at one and one-half percent per year increase.

(2) The total quantity of water reasonable for the residential population shall then be determined by the following:

(A) Multiplying the projected population by the current per capita use; and

(B) adding a reasonable quantity of water for the present and projected industrial use for the ensuing 20-year-period.

(3) Municipalities may purchase, condemn, or otherwise acquire existing water rights in excess of the quantities set forth in paragraphs (b) (1) and (2) and apply to the chief engineer to change a reasonable quantity of the acquired water rights for municipal use, which shall not exceed 200 percent of the quantity considered reasonable pursuant to paragraphs (b)(1) and (2).

(c) The quantities of water deemed to be reasonable for livestock and poultry shall be determined pursuant to K.A.R. 5-3-22.

(d) All applications for any other type of beneficial use shall be reviewed to determine if the annual quantity of water and rate of diversion requested are reasonable for the intended use based on the best information available.

Kan. Admin. Regs. § 5-24-5

Authorized by K.S.A. 82a-1028, as amended by L. 2002, Ch. 137, § 5, and K.S.A. 82a-706a; implementing K.S.A. 82a-1028, as amended by L. 2002, Ch. 137, § 5; effective May 1, 1983; amended Aug. 19, 1991; amended Jan. 10, 2003.