Kan. Admin. Regs. § 5-3-4c

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

Section 5-3-4c - Retaining new applications

(a) A new application to appropriate water for beneficial use shall be held by the chief engineer in accordance with the terms of subsection (b) if the application meets both of the following conditions:

(1) The application is in proper form and has been completely processed, but cannot be approved because it does not currently comply with one or more statutory or regulatory requirements, including spacing, safe yield, and allowable appropriation regulations.

(2) There is good cause to believe that, if the application were held for a reasonable period of time, it may be approvable in the future because of actions currently pending on other permits and water rights in the area, including issuance of certificates, dismissals of applications, and declarations of abandonment.

(b) Upon demonstration by the applicant to the chief engineer that the application apparently could be approved within a reasonable time, not to exceed 365 days from the date the request to retain the application was received by the chief engineer, if the pending actions take place, the applicant's pending new application may be held by the chief engineer for a period not to exceed 365 days.

(c) If the application still cannot be approved at the end of the time set forth in section (b), the application shall be dismissed by the chief engineer and the priority of the application forfeited.

(d) If any prior applications to appropriate water or prior applications to change the point of diversion from the same source of supply are not complete and if the approval or denial of these applications could affect the approval of the proposed new application or application to change a water right, then the 150-day period specified in K.S.A. 82a-708a, and amendments thereto, shall begin to run only after all these prior applications have been processed.

Kan. Admin. Regs. § 5-3-4c

Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a-705, K.S.A 82a-706a, K.S.A. 2002 Supp. 82a-708a, and K.S.A. 82a-710; effective Sept. 22, 2000; amended Oct. 24, 2003.