Kan. Admin. Regs. § 5-3-29

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

Section 5-3-29 - Ozark and Springfield plateau aquifers

(a) Except as specified in subsections (b) and (c), the Ozark aquifer and the Springfield plateau aquifer in the following townships in Cherokee, Crawford, Allen, Bourbon, Neosho, and Labette counties in Kansas shall be closed to new appropriations of water: ranges 20 east through 25 east and townships 26 south through 35 south.

(b) The closure of townships listed in subsection (a) to new appropriations of water shall not apply to the following types of wells:

(1) Wells for domestic use;

(2) wells authorized by temporary permits;

(3) wells meeting the requirements of K.A.R. 5-3-16a; and

(4) wells meeting both of the following conditions:

(A) Are authorized by a term permit of five or fewer years, which can be extended by the chief engineer not beyond December 31, 2010, and over which the chief engineer retains jurisdiction to dismiss or amend if necessary to prevent impairment of the water quantity, rate, or quality or to otherwise protect the public interest; and

(B) are used as an alternate source of water supply that is actively being planned, financed, and constructed and that will be available no later than December 31, 2010.

(c) Notwithstanding the provisions of paragraph (b)(4)(A), the term permits may be extended by the chief engineer beyond December 31, 2010 or may be converted by the chief engineer to regular permits to appropriate water, if both of the following conditions are met:

(1) A study has been completed before December 31, 2010, determining the safe yield of the Ozark aquifer and the Springfield plateau aquifer.

(2) Extending the term of the term permit or converting the term permit to a regular permit to appropriate water will not result in any of the following:

(A) Causing the safe yield to be exceeded;

(B) impairing prior permits or water rights; or

(C) prejudicially and unreasonably affecting the public interest.

Kan. Admin. Regs. § 5-3-29

Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a-706a and K.S.A. 2003 Supp. 82a-711; effective, T-5-8-23-04, Aug. 23, 2004; effective Nov. 29, 2004.