Kan. Admin. Regs. § 5-3-1b

Current through Register Vol. 43, No. 24, June 13, 2024

Section 5-3-1b - Complete new application

(a) A new application to appropriate water for beneficial use shall be considered to be a "complete application" for the purposes of K.S.A. 82a-708a, and amendments thereto, if the application completely and accurately meets all the requirements specified in this regulation and the following criteria:

(1) The requirements specified in K.S.A. 82a-708a, and amendments thereto;

(2) the requirements specified in K.S.A. 82a-709, and amendments thereto;

(3) the requirements specified in K.S.A. 82a-710, and amendments thereto;

(4) any water conservation plans required by the chief engineer pursuant to K.S.A. 82a-733, and amendments thereto;

(5) the requirements of K.S.A. 82a-301 through K.S.A. 82a-305a, and amendments thereto, if the proposed point of diversion, or rediversion, is a dam or stream obstruction;

(6) the requirements specified in K.A.R. 5-3-1;

(7) the requirements specified in K.A.R. 5-3-4; and

(8) the requirements specified in K.A.R. 5-3-4d.

(b) If minimum desirable streamflow (MDS) requirements have been set for the proposed source of water supply, the application shall contain a statement signed by the applicant acknowledging that the MDS requirements apply to the proposed source of water supply and that the diversions of water authorized by this approval of application could be regulated at times to protect MDS.

(c) If the applicant is requesting a waiver or exemption of a regulation pursuant to K.S.A. 82a-1904, and amendments thereto, the applicant shall submit a written request for the waiver or exemption, and documentation to support the waiver or exemption.

(d) If the proposed point of diversion is located within the boundaries of a groundwater management district, a final recommendation or analysis of the availability of water has been received from the groundwater management district within the time limit set by the chief engineer concerning the approval, denial, or modification of the application.

(e) If a substantive question has been raised concerning whether approval of the application could cause impairment of senior water rights or prejudicially and unreasonably affect the public interest, the applicant shall submit sufficient information to resolve that question.

(f) If any actions are required to be taken by the applicant on other approvals of applications or water rights owned by the applicant in order to make the new application approvable, including dismissals, reductions in water rights in accordance with K.A.R. 5-7-5, and applications for change, all necessary forms shall be completed and filed with the chief engineer.

(g) The applicant shall submit all information and data necessary to demonstrate that the application complies with the applicable regulations adopted by the chief engineer.

Kan. Admin. Regs. § 5-3-1b

Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a-706a, K.S.A. 2002 Supp. 82a-708a, K.S.A. 82a-709, K.S.A. 82a-710, K.S.A. 2002 Supp. 82a-711, K.S.A. 82a-733, and K.S.A. 2002 Supp. 82a-1904; effective Oct. 24, 2003.