Kan. Admin. Regs. § 5-24-10

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

Section 5-24-10 - Exemptions for up to 15 acre-feet of groundwater

(a) In any area of the district that is subject to safe yield criteria and is not closed by specific regulation or intensive groundwater use control area order by the chief engineer to new nondomestic, nontemporary permits and term permits for five or fewer years, each application to appropriate groundwater shall be exempt from meeting the safe yield criteria if all the following conditions are met:

(1) The maximum annual quantity of water proposed in the application is 15 acre-feet or less.

(2) The well spacing criteria of K.A.R. 5-24-3 have been met.

(3) An existing water right from the same source of water supply that has a point of diversion located within two miles of the proposed point of diversion has its authorized annual quantity reduced as described in subsection (b).

(4) All issues relating to the possible abandonment of the offsetting water right are resolved by the chief engineer before determining the annual quantity of offset water that is available from the existing water right.

(5) The approval of the application does not authorize an additional quantity of water out of an existing authorized well with a nondomestic permit or water right that would result in a total combined annual quantity of water authorized from that well in excess of 15 acre-feet.

(6) The approval of the application does not authorize an additional quantity of water to be used on a currently authorized nondomestic place of use.

(b) If the water right to be used as the offset for the new appropriation is a water right authorized for irrigation use, the authorized quantity of water needed to offset the new appropriation of not more than 15 acre-feet of water shall be calculated as follows:

(1) Step one.

(A) Multiply the net irrigation requirement for the 50 percent chance rainfall for the county of origin, as specified in K.A.R. 5-5-12, times the maximum number of acres legally irrigated in any one calendar year during the perfection period. For vested rights, the acreage used shall be the maximum acreage legally irrigated in any one calendar year before June 28, 1945.

(B) The calculation made in paragraph (b)(1)(A) shall result in the maximum annual quantity of water that could be changed to another type of beneficial use if the entire water right were changed pursuant to K.A.R. 5-5-9(a)(1).

(2) Step two.

(A) Divide the annual quantity of water desired to be changed to the new beneficial use by the maximum annual quantity of water that could be changed if the entire water right were changed to the new use.

(B) The calculation made in paragraph (b)(2)(A) shall result in the percentage of the entire reduced water right that will be changed to the new use. The remaining percentage of the current water right may be retained by the irrigation water right owner.

(3) Step three.

(A) Multiply the remaining percentage calculated in paragraph (b)(2)(B) times the total currently authorized quantity. The resulting product shall be the annual quantity of water that can be retained by the irrigation water right owner.

(B) The portion of the authorized annual quantity of water not retained by the irrigator as described in paragraph (b)(3)(A) shall be permanently reduced from the authorized annual quantity of the offsetting water right and used to offset the new appropriation.

(c) If the water right to be used as the offset for the new appropriation is an existing water right authorized for nonirrigation use, the total net consumptive use of the offsetting water right after the change and the new appropriation shall not exceed the net consumptive use of the offsetting water right before the change.

(d) The place of use authorized by the offsetting water right shall be reduced in proportion to the reduction in the maximum annual quantity of water as determined in paragraph (b)(1)(B). If the owner of the irrigation water right desires to retain more authorized acres, the directions specified in K.A.R. 5-5-11(b)(2)(B)(ii) shall be followed to determine whether the irrigator may retain more acres in the authorized place of use.

(e) After the use of not more than 15 acre-feet has been approved pursuant to this regulation, no application for change for that water right shall be approved for any quantity of water that would authorize the water to be diverted from a currently authorized point of diversion or to be used on a currently authorized place of use.

Kan. Admin. Regs. § 5-24-10

Authorized by K.S.A. 82a-706a and K.S.A. 2005 Supp. 82a-1028; implementing K.S.A. 2005 Supp. 82a-1028; effective Jan. 10, 2003; amended Dec. 8, 2006.