Kan. Admin. Regs. § 5-25-20

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

Section 5-25-20 - Recommendations by the board

(a) The following types of applications shall be submitted by the chief engineer to the district for review and recommendation:

(1) All applications to appropriate water for beneficial use, except for temporary use and domestic use; and

(2) all applications to change the point of diversion, place of use, the use made of the water, or any combination thereof, except applications to move the point of diversion less than 300 feet.

(b) The district shall conduct a review of the proposed application. Except as set forth in subsection (d), the district's recommendation to the chief engineer shall be consistent with the provisions of the Kansas water appropriation act, the groundwater management district act, and the regulations adopted by the chief engineer pursuant to those acts.

(c) Within 15 working days after the date the chief engineer submits the application to the district for review, or within any extension of time authorized by the chief engineer, the district shall submit its findings and recommendation for approval, denial, or modification of the application and shall specify the basis for the recommenda-tion.

(d) The district may submit to the chief engineer a written recommendation of an exemption from or a waiver of a regulation. If the district submits such a recommendation, the district shall demonstrate to the chief engineer that the granting of the proposed waiver or exemption will not prejudicially and unreasonably affect the public interest and will not cause impairment of any existing water right.

Kan. Admin. Regs. § 5-25-20

Authorized by K.S.A. 82a-706a and K.S.A. 2002 Supp. 82a-1028; implementing K.S.A. 82a-706, K.S.A. 82a-706a, and K.S.A. 2002 Supp. 82a-711; effective Oct. 31, 2003.