Kan. Admin. Regs. § 5-4-1a

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

Section 5-4-1a - Distribution of water between users when a prior right is being impaired due to a regional lowering of the water table

(a) When a complaint is received that a prior right to the use of water is being impaired, the procedure specified in K.A.R. 5-4-1 shall be followed until the determination is made that the impairment is caused substantially by a regional lowering of the water table.

(b)

(1) If the area of complaint is located within the boundaries of a groundwater management district (GMD), the GMD board shall recommend the steps necessary to satisfy senior water rights. Recommendations may include following the GMD management program, amending the GMD management program, or pursuing any other means to satisfy senior water rights. The GMD board shall submit its recommendations to the chief engineer within six months of the determination that the impairment is caused substantially by a regional lowering of the water table or within a longer time if approved by the chief engineer.

(2) The GMD board shall publish notice of its recommendations once in a newspaper of general circulation in the county where the impairment is occurring.

(3) The chief engineer shall determine the appropriate course of action to satisfy senior water rights. To that end, the chief engineer shall consider the GMD's timely recommendations and may conduct a study similar to that described in paragraph (c)(1).

(4) The chief engineer shall publish notice of the course of action once in a newspaper of general circulation in the county where the impairment is occurring.

(c)

(1) If the area of complaint is located outside the boundaries of a GMD and determined to be caused by a regional lowering of the water table, the chief engineer shall conduct a study to determine the appropriate course of action. The study shall include a determination of the effectiveness and economic impact of administering one or more water rights in accordance with K.A.R. 5-4-1, the effectiveness and economic impact of the types of corrective controls listed under K.S.A. 82a-1038 and amendments thereto, and any other means to satisfy senior water rights while preserving the economic vitality of the region.

(2) The chief engineer shall determine the appropriate course of action, based on the study described in paragraph (c)(1).

(3) The chief engineer shall publish notice of the course of action once in a newspaper of general circulation in the county where the impairment is occurring.

Kan. Admin. Regs. § 5-4-1a

Authorized by and implementing K.S.A. 82a-706a; effective Oct. 29, 2010.