Current through Register Vol. 43, No. 39, September 26, 2024
(a) An order
subject to review pursuant to
K.S.A.
82a-1901, and amendments thereto, shall be
issued by the chief engineer in each of the following matters:
(1) The approval or dismissal of an
application to change the place of use, the point of diversion, the use made of
water, or any combination of these, filed pursuant to
K.S.A.
82a-708b and amendments thereto;
(2) the approval or dismissal of an
application to appropriate water for beneficial use filed pursuant to
K.S.A.
82a-711 and amendments thereto;
(3) the declaration of abandonment and
termination of a water right pursuant to
K.S.A.
82a-718 and amendments thereto; and
(4) the suspension of the use of water under
a term permit, an approved application for a permit to appropriate water for
beneficial use, an appropriation right, or a vested right, pursuant to
K.S.A.
82a-770 and amendments thereto.
(b) Each order that is issued
pursuant to
K.S.A.
82a-737, and amendments thereto, and is
subject to review pursuant to
K.S.A.
82a-1901, and amendments thereto, shall be
issued by the chief engineer, or the chief engineer's designee, in the
assessment of civil penalty, the modification of a person's water right or
permit to use water, the suspension of a person's water right or permit to use
water, or any combination of these.
(c) Unless limited or prohibited by statute,
any person to whom the order is directed or who has a property interest that
could be adversely affected by the action or proposed action may request a
review pursuant to
K.S.A.
82a-1901, and amendments thereto, without
filing a request for a hearing before the chief engineer.
(d) The chief engineer shall not be required
to hold a hearing before issuing an order unless required by statute.
(e)
(1) Any
person to whom an order will be directed may request a hearing before the chief
engineer before the issuance of an order by the chief engineer. The person
shall then be notified by the chief engineer that, if the request is granted by
the chief engineer, the person shall not be allowed to have a second hearing
before the chief engineer after the issuance of the order. Within 15 days after
the notice is sent, the person shall notify the chief engineer whether the
requestor wants to proceed with a hearing before the chief engineer issues the
order.
(2) If a hearing is held by
the chief engineer before the issuance of the order by the chief engineer and
the person to whom the order is directed still desires to have the order
reviewed, the person shall seek review pursuant to
K.S.A.
82a-1901, and amendments thereto, if that
type of review is authorized by statute.
(f) If a person to whom an order was directed
did not have a hearing before the issuance of an order, that person may request
a hearing before the chief engineer after issuance of the order. The person
shall submit a written request for hearing to the chief engineer within 15 days
of service of the order pursuant to
K.S.A.
77-531, and amendments thereto. If a hearing
is not requested, the person may seek review pursuant to
K.S.A.
82a-1901, and amendments thereto, within 30
days of service of the order pursuant to
K.S.A.
77-531 and amendments thereto, if that type
of review is authorized by statute. Each request for a hearing shall meet the
following requirements:
(1) Be filed in
writing with the chief engineer within 15 days after the date of service of the
order; and
(2) set forth the
factual and legal basis for the hearing request. The factual basis may be
stated generally and shall not be required to be specific if the written
request clearly establishes the existence of disputed facts. The request for
hearing may be denied if the request fails to clearly establish factual or
legal issues.
(g) A
request for intervention in a matter pending hearing from a person or persons
other than those to whom the order is directed may be granted by the chief
engineer if all of the following conditions are met:
(1) The chief engineer has issued a notice of
hearing.
(2) The person requesting
to intervene has filed a notice with the chief engineer that the order in the
pending matter could adversely affect one or more of the following:
(A) The person's property interest in the
pending matter;
(B) the person's
water right or permit to appropriate water; or
(C) the person's statutory duty to
act.
(3) The chief
engineer has determined that the interests of justice and the orderly and
prompt conduct of the proceedings will not be impaired by allowing the
intervention.
