Kan. Admin. Regs. § 5-25-17

Current through Register Vol. 43, No. 40, October 3, 2024

Section 5-25-17 - Voluntary reductions of water rights in the Rattlesnake creek subbasin

Each water right owner in the Rattlesnake creek subbasin that agrees to meet, and does meet, all of the conditions specified in subsections (a) through (e) no later than March 31, 2004 on a water right for a center pivot irrigation system with a priority date on or before April 12, 1984 shall receive a credit toward any reduction required by alternative management actions implemented in accordance with the Rattlesnake creek basin management program accepted by the chief engineer on July 11, 2000. The amount of the credit shall be calculated by multiplying by 1.5 the total number of years that the water right has been voluntarily reduced in accordance with the terms of this regulation before any alternative actions are taken under this program times the quantity of water that was voluntarily reduced. Water right owners who have taken a reduction in their water right under this regulation shall have any further reduction through the Rattlesnake creek basin management program based on the authorized amount before a voluntary reduction is made under this regulation.

(a) The owner permanently reduces the maximum number of acres actually irrigated in any one calendar year during the period 1987 through 1996 by the number of acres previously watered by the end gun and provides documentation to the chief engineer of the number and location of the acres irrigated by the end gun during the period 1987 through 1996.

(b) The owner removes the end gun from the center pivot and certifies to the chief engineer what type of end gun has been removed.

(c) The owner installs pressure regulators on the center pivot to prevent the same rate of diversion from being pumped after the end gun is removed as was pumped before the end gun was removed and certifies to the chief engineer what pressure regulators have been installed.

(d) The chief engineer permanently reduces the authorized place of use of that water right by the maximum number of acres actually irrigated in any one calendar year by the end gun during the period 1987 through 1996.

(e) The chief engineer permanently reduces the maximum annual quantity authorized by that water right by the quantity of water that is calculated by multiplying the number of acres previously watered by the end gun times the net irrigation requirements (NIR) for the 50 percent chance rainfall for the county in which the point of diversion is located, as set forth in K.A.R. 5-5-12.

Kan. Admin. Regs. § 5-25-17

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 Oct. 31, 2003.