In any case where it is not technologically and economically feasible to utilize poorer quality water for the development of underground storage in mineralized formations and fresh water must be used, the chief engineer shall require the construction of surface brine storage facilities to the extent economically and technologically feasible in an amount not to exceed forty percent (40%) of underground storage capacity of the applicant. This regulation does not exempt a person from complying with the requirements of other state and federal agencies relative to the construction of surface brine storage facilities.
Kan. Admin. Regs. § 5-3-5b