Kan. Admin. Regs. § 5-15-3

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

Section 5-15-3 - Cessation of minimum desirable streamflow administration

(a) Except as specified in subsection (c), whenever the chief engineer determines that both of the conditions specified in subsection (b) have been met, the administration of water rights and approvals of applications with a priority after April 12, 1984 to protect minimum desirable streamflows pursuant to K.S.A. 82a-703c, and amendments thereto, shall be declared by the chief engineer to be no longer necessary. The owners of those water rights and approvals of applications shall be notified by the chief engineer by certified mail, personal notice, or other verifiable means that the owners may recommence diverting water in accordance with the terms, conditions, and limitations of their water rights or approvals of applications.

(b)

(1) The streamflows at the minimum desirable streamflow (MDS) gage have exceeded the streamflows established by K.S.A. 82a-703c, and amendments thereto, for a period of 14 consecutive days.

(2) If a significant alluvial aquifer exists, the average static water level in the alluvial aquifer has recovered sufficiently to maintain MDS in the stream.

(c) Whenever the chief engineer determines that hydrologic conditions indicate that MDS values have been met or exceeded and are likely to be maintained for the foreseeable future, MDS administration may be declared by the chief engineer to be no longer necessary even if both of the conditions of subsection (b) have not been met.

This regulation shall be effective on and after August 27, 2002.

Kan. Admin. Regs. § 5-15-3

Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a-703a, 82a-703b, and 82a-703c; effective, T-5-4-29-02, April 29, 2002; effective Aug. 27, 2002.