Current through Register Vol. 43, No. 12, March 20, 2024
(a) All
nondomestic, nontemporary wells and pump sites operated under the authority of
an approval of application issued on or after the effective date of this
regulation shall be equipped with a water flowmeter that meets or exceeds the
specifications of the chief engineer effective at the time the application is
approved by the chief engineer.
(b)
(1) All
nondomestic, nontemporary gravity diversions of water, including irrigation
ditches, operating under the authority of an approval of application issued on
or after the effective date of this regulation shall be equipped with a
continuous recording gauge, or other suitable water-measuring device located at
or near the headgate. Before installation, the water right owner shall submit
plans and specifications for the proposed gauge, or other suitable
water-measuring device, to the chief engineer and shall receive approval in
writing from the chief engineer before installing the gauge or other suitable
water-measuring device.
(2) The
gauge or other suitable water-measuring device shall meet the following
criteria:
(A) Register not less than 94% and
not more than 106% of the actual volume of water passing the device under
normal operating conditions when compared to a field test made by, or approved
by, the chief engineer;
(B) be
installed in accordance with the installation requirements of the chief
engineer; and
(C) be maintained in
a satisfactory operating condition any time water can reasonably be expected to
be diverted.
(c) An approval of a nondomestic application
for change in place of use, the point of diversion, or the use made of the
water, or any combination of these, shall require the owner of the water right
to install a water flowmeter on all points of diversion authorized by the water
right or approval of application, unless any of the following conditions is
met:
(1) The applicant demonstrates to the
chief engineer that the application to change the place of use meets the
requirements of K.A.R. 5-5-11(e).
(2) The applicant demonstrates to the chief
engineer both of the following:
(A)
Installation of a water flowmeter meeting these specifications is not
physically feasible.
(B) The
applicant agrees to implement a reasonable, objective alternative of measuring
the quantity of water diverted that is acceptable to the chief engineer.
(3) The water is being
diverted from multiple points of diversion authorized by one water right that
does not limit the maximum annual quantity and maximum rate of diversion by
point of diversion, and all of the water flows to a common point where a water
flowmeter meeting the requirements of K.A.R. 5-1-4 and K.A.R. 5-1-6 measures
all of the water pumped from all of the points of diversion authorized by that
water right.
(4) An application
for change in point of diversion only is filed to change the point of diversion
of only one well, when more than one well is authorized by the approval of
application or water right that authorizes the well for which a change in point
of diversion is sought. In this case, only the well that is being relocated
shall be required to have a water flowmeter.
(5) The water is being diverted from multiple
points of diversion, and all of the following conditions are met:
(A) All points of diversion deliver water to
only one distribution system.
(B)
Each point of diversion can reasonably be expected to operate simultaneously
and for the same total amount of time each calendar year.
(C) Each individual point of diversion has a
tested diversion rate of less than 400 gallons per minute.
(D) A water flowmeter is installed that will
measure 100 percent of the water pumped from all points of diversion.
(E) If the flow rate has not been
tested within the last five years by the chief engineer or a person approved by
the chief engineer, the owner shall have each point of diversion tested by a
person approved by the chief engineer pursuant to K.A.R. 5-1-11. If the chief
engineer becomes aware of information that the tested rates could no longer be
correct, the chief engineer, or someone approved by the chief engineer pursuant
to K.A.R. 5-1-11, may retest the rate of diversion produced by each point of
diversion and those flow rates shall subsequently be used to determine the
quantity diverted by each point of diversion.
(F) The owner has signed a consent agreement
with the chief engineer that includes the following:
(i) A determination of the percentage of flow
that will be attributed to each point of diversion if future administration
becomes necessary; and
(ii) an
agreement that the chief engineer may require a water flowmeter for each point
of diversion if the chief engineer determines there are issues concerning
impairment, violations of the conditions of the permit or water right, or a
violation of the Kansas water appropriation act and its regulations.
(G) All uses of water are
authorized by either a vested water right or a water right that has been
certified pursuant to
K.S.A.
82a-714, and amendments thereto.
(d) Except as set forth
in subsection (c), if an approval of an application for change requires the
installation of a water flowmeter, the requirement to install a water flowmeter
shall also be placed on all other water rights and approvals authorizing
diversion of water from the same point of diversion.
(e) If any water right or approval of
application has a condition requiring development, adoption, and implementation
of a water conservation plan pursuant to
K.S.A.
82a-733 and amendments thereto, a water
flowmeter or suitable water-measuring device shall be installed on each
authorized point of diversion in compliance with these regulations.
(f) The owner of a water right, including a
domestic water right, or an approval of application shall also be required by
the chief engineer to install awater flowmeter or other suitable
water-measurement device that meets the requirements of these regulations on
each authorized point of diversion if it is necessary for the chief engineer to
effectively administer water rights to prevent impairment, to protect minimum
desirable stream flows, to conserve water, or to otherwise carry out the duties
of the chief engineer as set forth in the Kansas water appropriation act,
K.S.A.
82a-701 et seq. and amendments thereto.
(g) Except as set forth in
subsection (c), if a water flowmeter is required by the chief engineer, each
point of diversion authorized by the approval of application or water right
shall be required to have a separate meter.
