Kan. Admin. Regs. § 5-5-6c

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

Section 5-5-6c - Authorized point of diversion or place of use

(a) If a point of diversion or place of use meets the following conditions, the authorized location shall be administratively corrected by the chief engineer to the more accurate location and the owner notified of this action:

(1) Has been determined by the chief engineer to be located at the authorized location by a vested right determination, a certificate of appropriation, or other similar action or approval by the chief engineer;

(2) has not been physically moved or expanded since the location was certified or otherwise approved by the chief engineer; and

(3) is determined by the chief engineer to be incorrect based on a more accurate survey, a global positioning system determination, or other reliable means.

No enforcement action shall be taken against the owner of the water right solely because the location was determined to be at an unauthorized location with the use of better technology than was previously available.

(b) The maximum annual quantity of water authorized to be used by the water right shall not be decreased or increased because of any administrative correction made to the water right pursuant to subsection (a).

Kan. Admin. Regs. § 5-5-6c

Authorized by and implementing K.S.A. 82a-706a; effective Oct. 31, 2008.