Kan. Admin. Regs. § 98-1-1

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

Section 98-1-1 - Definitions

The following definitions shall apply to all regulations of the Kansas water office:

(a) "Assignment" means either of the following:

(1) The transfer of any right under a water purchase contract to a third person; or

(2) the transfer to a third person of any of the duties and obligations owed by a water contract holder to the state.

(b) "Authority" means Kansas water authority.

(c) "Conservation storage water supply capacity" means the space in a reservoir that meets the following requirements:

(1) Has been purchased, contracted for purchase, or otherwise acquired by the state; and

(2) has been designated for the storage of water for any beneficial purpose or for sediment accumulation purposes in proportion to the amount of storage purchased, contracted for purchase, or otherwise acquired by the state.

(d) "Cooperating landowner" means a person requesting that the office issue an easement along a navigable river for purposes authorized in K.S.A. 2012 Supp. 82a-220, and amendments thereto.

(e) "Days" has the meaning specified in K.S.A. 60-206(a), and amendments thereto.

(f) "Designated representative" means any person designated to perform on another's behalf.

(g) "Director" means director of the Kansas water office or the director's designee.

(h) "Discharge" means the volume of water per unit of time passing a specific cross section of a river.

(i) "Drought having a two percent chance of occurrence in any one year" means a drought having a statistical chance of occurring once every 50 years, on the average, using all available statistics and information.

(j) "Industrial use" means any use of water primarily for the production of goods, food, or fiber or for providing utility services. This term shall include any incidental uses.

(k) "Irrigation use" means the use of water for growing agricultural crops, watering gardens, orchards, and lawns exceeding two acres in area and for watering golf courses, parks, cemeteries, athletic fields, racetrack grounds, and similar facilities.

(l) "Municipal use" means the use of water that meets the following conditions:

(1) Is obtained from a common water supply source by a municipality, rural water district, other water supply district, or group of householders;

(2) is delivered through a common distribution system; and

(3) is for domestic, commercial, trade, industrial, and any other related incidental uses for any beneficial purposes.

(m) "Natural flow" means that portion of the flow in a natural stream that consists of precipitation on the stream and reservoir water surface, direct runoff from precipitation on the land surface, groundwater infiltration to the stream, and return flows to the natural stream from municipal uses, agricultural uses, or other uses, unless otherwise defined in an operations agreement.

(n) "Office" means Kansas water office.

(o) "Operations agreement" means a document agreed to by the director and either a water assurance district or water supply access district, describing the terms by which the coordinated system of reservoir operations is to be managed.

(p) "Participant" means a person seeking an easement on state property along a navigable river in the state for a conservation project, as defined in K.S.A. 2012 Supp. 82a-220 and amendments thereto.

(q) "Person" means any natural person, private corporation, government unit, municipality, or public corporation.

(r) "Program agency" means any state, federal, or local agency that provides oversight, services, funding, or other support for a project or group of projects for which a landowner seeks an easement on state property along a navigable river, pursuant to K.S.A. 2012 Supp. 82a-220 and amendments thereto.

(s) "Recreational use" means the use of water for activities including fishing, swimming, boating, and hunting or for entertainment, enjoyment, relaxation, and fish and wildlife benefits.

(t) "Reservoir" means a lake or other impoundment in which water is stored.

(u) "Reservoir yield" means the quantity of water that can be withdrawn from the conservation storage water supply capacity of a reservoir during a drought having a two percent chance of occurrence in any one year, as determined through the procedure specified in K.A.R. 98-5-9 .

(v) "Target flow" means the discharge at specific points along a river designated within an operations agreement.

(w) "Water supply access contract" and "water assurance contract" mean a contract to provide for the development of a coordinated system of reservoir operations designed to supplement natural flows, in order to meet demands of eligible water right holders during low-flow periods, by release of water supply from state-owned or state-controlled conservation storage water supply capacity of the major reservoirs in the designated basin.

(x) "Water assurance district" means an organization of eligible water right holders established under K.S.A. 82a-1330 et seq., and amendments thereto.

(y) "Water purchase contract" means a contract for the sale of water from the conservation storage water supply capacity of a reservoir made pursuant to the state water plan storage act, K.S.A. 82a-1301 et seq. and amendments thereto.

(z) "Water reservation right" means the state's right to divert and store waters of all streams flowing into the conservation storage water supply capacity of a reservoir. The water reservation right shall be sufficient to ensure the yield of water throughout a drought having a two percent chance of occurrence in any one year.

(aa) "Water supply access district" means an organization of eligible water right holders established under K.S.A. 2012 Supp. 82a-2309, and amendments thereto.

(bb) "Year" means a 12-month period beginning with a specified month and day.

(cc) "Yield" means the quantity of water that can be withdrawn from storage in a reservoir for a given period of time.

Kan. Admin. Regs. § 98-1-1

Authorized by and implementing K.S.A. 2012 Supp. 82a-220, K.S.A. 82a-923, K.S.A. 82a-1319, K.S.A. 82a-1345, K.S.A. 82a-1403, K.S.A. 2012 Supp. 82a-2324; effective Jan. 1, 1966; amended Aug. 30, 2013.