Kan. Admin. Regs. § 5-25-2a

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

Section 5-25-2a - Change in point of diversion

(a) The location of a well requested in an application to change a point of diversion shall be no more than 2,640 feet from the point of diversion currently authorized by a vested right, appropriation right, or an application to appropriate water for beneficial use. This well shall also meet the minimum spacing requirement established in K.A.R. 5-25-2. If the point of diversion was not completed at the currently authorized point of diversion, the location of a well requested in an application to change the point of diversion shall be no more than 2,640 feet from the last authorized point of diversion for which the diversion works were completed.

(b) If the current authorization for a well requires one or more observation wells to be installed in accordance with K.A.R. 5-25-10, then the approval of an application for a change in the point of diversion shall also require the installation of one or more new observation wells in accordance with K.A.R. 5-25-10 if either of the following conditions exists:

(1) The well is proposed to be located 300 feet or more from the currently authorized well location.

(2) The well is proposed to be located more than 50 feet and less than 300 feet from the currently authorized well location, and the water quality analysis required pursuant to K.A.R. 5-25-10 shows that the chloride concentration exceeds 500 milligrams per liter (mg/l) at the currently authorized well location.

(c) The number and location of test holes or observation wells required for the approval of an application to change the point of diversion from a single well to a battery pursuant to subsection (b) shall be based on the locations and the number of wells in the proposed battery. Hydrologic factors, including groundwater flow direction, lithology, and chlorides at the location, shall be considered.

(d) An approval of an application to change the point of diversion shall not authorize the proposed well to be completed in an aquifer other than the aquifer or aquifers in which the currently authorized well was authorized to be completed.

Kan. Admin. Regs. § 5-25-2a

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.