Kan. Admin. Regs. § 5-24-6

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

Section 5-24-6 - Changes in points of diversion

(a) Each replacement well shall meet all of the criteria in either of the following paragraphs:

(1)

(A) Be located within 2,640 feet of the currently approved well location; and

(B) meet the well spacing criteria of K.A.R. 5-24-3; or

(2)

(A) Be located within a distance from the currently authorized well for which a Theis analysis shows a .5 foot or greater drawdown, using the following assumptions:

(i) The certified rate of diversion of the currently authorized well;

(ii) the certified annual quantity of water for the currently authorized well;

(iii) the pumping time equal to the time it takes to pump the certified annual quantity at the certified rate of diversion;

(iv) the drawdown computed at the time equal to the pumping time;

(v) the transmissivity and storage coefficient derived either from a time drawdown aquifer pump test of the currently authorized well or from use of the well log from the currently authorized well or a well log from a test hole or well located within 300 feet of the currently authorized well, using the procedure specified in K.A.R. 5-24-2(c)(1)(B)(v); and

(B) meet the well spacing criteria of K.A.R. 5-24-3.

(b) The maximum distance that a well may be relocated under paragraph (a)(2) shall be the distance computed as specified in paragraph (a)(2), or 3,960 feet, whichever is less. If the historic consumptive use of the well being replaced is accounted for in the Republican river compact, K.S.A. 82a-518 and amendments thereto, accounting as a stream depletion reaching the Republican river downstream of Trenton dam, that consumptive use shall not be transferred to a well that would cause a depletion reaching the Republican river upstream of Trenton dam.

(c) No change in a point of diversion application that proposes to change the authorized point of diversion from one well to a battery of wells shall be approved unless at least one of the following conditions has been met:

(1) Water is available for appropriation pursuant to K.S.A. 5-24-2 at the geocenter of the proposed battery of wells or would be available if the current water right were dismissed.

(2) The proposed battery of wells meets the requirements of K.A.R. 5-2-3.

Kan. Admin. Regs. § 5-24-6

Authorized by K.S.A. 82a-706a and K.S.A. 2002 Supp. 82a-1028; implementing K.S.A. 82a-706a and K.S.A. 2002 Supp. 82a-1028; effective May 1, 1983; amended May 1, 1987; amended Jan. 30, 2004.