Kan. Admin. Regs. § 5-43-4

Current through Register Vol. 44, No. 2, January 9, 2025

Section 5-43-4 - Sand dredging; operations conflicting

If more than one operator proposes to operate within a given reach of a private stream, then all conflicting applicants shall be required to submit proof of easements or other legal authority to operate. If more than one operator proposes to operate within a given reach of a navigable stream, the chief engineer shall determine which operators shall be permitted, based on the following criteria:

(a) The capability of the applicant's equipment to operate within the desired area;

(b) the applicant's need for the material;

(c) the applicant's existing operation, if any;

(d) the anticipated date the applicant will begin operation;

(e) the applicant's history of operation;

(f) the anticipated plant completion date;

(g) proof of the applicant's easements and right-of-ways necessary to operate;

(h) date of application; and

(i) any other relevant factor.

Kan. Admin. Regs. § 5-43-4

Authorized by K.S.A. 82a-303a; implementing K.S.A 82a-302; effective May 1, 1987.