Kan. Admin. Regs. § 5-1-7

Current through Register Vol. 43, No. 46, November 14, 2024

Section 5-1-7 - Requirement to install a water flowmeter or other suitable water-measuring device

(a) All nondomestic, nontemporary wells and pump sites operated under the authority of an approval of application issued on or after the effective date of this regulation shall be equipped with a water flowmeter that meets or exceeds the specifications of the chief engineer effective at the time the application is approved by the chief engineer.

(b)

(1) All nondomestic, nontemporary gravity diversions of water, including irrigation ditches, operating under the authority of an approval of application issued on or after the effective date of this regulation shall be equipped with a continuous recording gauge, or other suitable water-measuring device located at or near the headgate. Before installation, the water right owner shall submit plans and specifications for the proposed gauge, or other suitable water-measuring device, to the chief engineer and shall receive approval in writing from the chief engineer before installing the gauge or other suitable water-measuring device.

(2) The gauge or other suitable water-measuring device shall meet the following criteria:

(A) Register not less than 94% and not more than 106% of the actual volume of water passing the device under normal operating conditions when compared to a field test made by, or approved by, the chief engineer;

(B) be installed in accordance with the installation requirements of the chief engineer; and

(C) be maintained in a satisfactory operating condition any time water can reasonably be expected to be diverted.

(c) An approval of a nondomestic application for change in place of use, the point of diversion, or the use made of the water, or any combination of these, shall require the owner of the water right to install a water flowmeter on all points of diversion authorized by the water right or approval of application, unless any of the following conditions is met:

(1) The applicant demonstrates to the chief engineer that the application to change the place of use meets the requirements of K.A.R. 5-5-11(e).

(2) The applicant demonstrates to the chief engineer both of the following:

(A) Installation of a water flowmeter meeting these specifications is not physically feasible.

(B) The applicant agrees to implement a reasonable, objective alternative of measuring the quantity of water diverted that is acceptable to the chief engineer.

(3) The water is being diverted from multiple points of diversion authorized by one water right that does not limit the maximum annual quantity and maximum rate of diversion by point of diversion, and all of the water flows to a common point where a water flowmeter meeting the requirements of K.A.R. 5-1-4 and K.A.R. 5-1-6 measures all of the water pumped from all of the points of diversion authorized by that water right.

(4) An application for change in point of diversion only is filed to change the point of diversion of only one well, when more than one well is authorized by the approval of application or water right that authorizes the well for which a change in point of diversion is sought. In this case, only the well that is being relocated shall be required to have a water flowmeter.

(5) The water is being diverted from multiple points of diversion, and all of the following conditions are met:

(A) All points of diversion deliver water to only one distribution system.

(B) Each point of diversion can reasonably be expected to operate simultaneously and for the same total amount of time each calendar year.

(C) Each individual point of diversion has a tested diversion rate of less than 400 gallons per minute.

(D) A water flowmeter is installed that will measure 100 percent of the water pumped from all points of diversion.

(E) If the flow rate has not been tested within the last five years by the chief engineer or a person approved by the chief engineer, the owner shall have each point of diversion tested by a person approved by the chief engineer pursuant to K.A.R. 5-1-11. If the chief engineer becomes aware of information that the tested rates could no longer be correct, the chief engineer, or someone approved by the chief engineer pursuant to K.A.R. 5-1-11, may retest the rate of diversion produced by each point of diversion and those flow rates shall subsequently be used to determine the quantity diverted by each point of diversion.

(F) The owner has signed a consent agreement with the chief engineer that includes the following:

(i) A determination of the percentage of flow that will be attributed to each point of diversion if future administration becomes necessary; and

(ii) an agreement that the chief engineer may require a water flowmeter for each point of diversion if the chief engineer determines there are issues concerning impairment, violations of the conditions of the permit or water right, or a violation of the Kansas water appropriation act and its regulations.

(G) All uses of water are authorized by either a vested water right or a water right that has been certified pursuant to K.S.A. 82a-714, and amendments thereto.

(d) Except as set forth in subsection (c), if an approval of an application for change requires the installation of a water flowmeter, the requirement to install a water flowmeter shall also be placed on all other water rights and approvals authorizing diversion of water from the same point of diversion.

(e) If any water right or approval of application has a condition requiring development, adoption, and implementation of a water conservation plan pursuant to K.S.A. 82a-733 and amendments thereto, a water flowmeter or suitable water-measuring device shall be installed on each authorized point of diversion in compliance with these regulations.

(f) The owner of a water right, including a domestic water right, or an approval of application shall also be required by the chief engineer to install awater flowmeter or other suitable water-measurement device that meets the requirements of these regulations on each authorized point of diversion if it is necessary for the chief engineer to effectively administer water rights to prevent impairment, to protect minimum desirable stream flows, to conserve water, or to otherwise carry out the duties of the chief engineer as set forth in the Kansas water appropriation act, K.S.A. 82a-701 et seq. and amendments thereto.

(g) Except as set forth in subsection (c), if a water flowmeter is required by the chief engineer, each point of diversion authorized by the approval of application or water right shall be required to have a separate meter.

Kan. Admin. Regs. § 5-1-7

Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a-706c; effective Sept. 22, 2000; amended Oct. 31, 2008.