Kan. Admin. Regs. § 5-17-3

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

Section 5-17-3 - Contract for deposit of a water right

(a) Each water right owner that has an application approved for the deposit of all or a portion of a water right into a water bank and that desires to deposit all or a portion of the water right into the water bank shall enter into a contract with the water bank that includes the following provisions and information:

(1) The file number of the water right to be deposited;

(2) the hydrologic unit from which the water is authorized to be withdrawn;

(3) the calendar years during which the water right will be on deposit, which shall not exceed five years;

(4) the quantity of water to be deposited;

(5) the terms of payment for the deposit;

(6) if a portion of a water right is deposited, an agreement that the quantity of water pumped under the portion of the water right that is not deposited shall not exceed the difference between the bankable portion of the water right and the amount deposited; and

(7) an acknowledgment of the specific fines or suspension penalties that will be imposed for violation of the contract.

(b) The water bank shall notify the chief engineer of each water right deposit before the deposit is leased. This notice shall include a determination of the annual quantity of water that is bankable for each water right and the portion of the bankable quantity of the water right that has been deposited. If an entire water right is deposited, no water may be pumped under that water right, except under the authority of a lease from a water bank and a term permit issued by the chief engineer to exercise that lease. If a portion of a water right is deposited, the annual quantity of water pumped under the portion of the water right that is not deposited shall not exceed the difference between the bankable portion of the water right and the amount deposited. An order may be issued by the chief engineer after the deposit notifying the owner of the annual quantity of water, if any, that may be diverted under the original water right to prevent the net consumptive use of the water right from being increased.

Kan. Admin. Regs. § 5-17-3

Authorized by K.S.A. 2003 Supp. 82a-769; implementing K.S.A. 2003 Supp. 82a-763 and K.S.A. 2003 Supp. 82a-769; effective Aug. 13, 2004.