Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 17 - WATER BANKING
Section 5-17-10 - Water bank charter proposal
Universal Citation: KS Admin Regs 5-17-10
Current through Register Vol. 43, No. 12, March 20, 2024
(a) Each proposed water bank charter submitted to the chief engineer shall contain all of the following:
(1) Information showing
that the proposed operations and policies of the water bank are consistent with
the Kansas water banking act, the Kansas water appropriation act and
regulations, the Kansas state water plan, the policies of any groundwater
management district that is located within the boundaries of the proposed water
bank, and the water assurance district operation agreements of any water
assurance district located within the boundaries of the proposed water bank;
(2) information that demonstrates
that there is sufficient participation to make the water bank's operations
practical and feasible, including economically;
(3) a petition declaring an intent to
establish a water bank that is signed by at least five percent of the water
right owners within the water bank's proposed boundaries;
(4) the names of at least five members of the
proposed governing body of the water bank, their addresses, and the public and
private interests that each represents;
(5) the proposed boundaries of the water
bank, including information showing that the boundaries of the proposed water
bank do not overlap the boundaries of another water bank;
(6) for groundwater banks, an enumeration of
all the hydrologic units and sources of water supply within the water bank
boundaries, including alluviums, terrace deposits, and regional aquifers, both
confined and unconfined, that have similar aquifer properties. The aquifer
properties shall include the saturated thickness and water level changes over
the representative past period;
(7) for a water bank that includes surface
water, a list of the streams and their tributaries that are to comprise the
water bank and a methodology to limit the leasing of surface water so that it
does not impair senior surface water rights and minimum desirable streamflow;
(8) the designation of a
representative past period;
(9) a
comprehensive method to account for the following:
(A) The amount of water deposited and the
length of the contracts for deposit;
(B) the amount of water leased from the water
bank and the length of the lease contracts; and
(C) the identification of the hydrologic
units from which deposits and leases are being made;
(10) for a water bank that includes the use
of groundwater, a proposed plan to ensure that the net amount of water consumed
by the deposited water rights will be at least 10 percent less than the average
net amount of water consumed by the deposited water rights for the
representative past period. The proposed plan shall require the comparison of
the average annual net consumption for the deposited water rights for the
five-year period after a water bank is chartered or rechartered with the
average net consumptive use for the deposited water rights for the
representative past period;
(11) a
list of any severely depleted groundwater aquifers or severely depleted stream
courses;
(12) a plan to ensure
that there will be no increase in the depletion of severely depleted
groundwater aquifers or severely depleted stream courses;
(13) a method for determining the water
rights that are bankable and the portion that is bankable;
(14) a procedure for dissolution of the water
bank;
(15) for a bank using
groundwater, a methodology for ensuring that the total quantity of groundwater
leased each year does not exceed 90 percent of the average annual quantity
collectively diverted pursuant to all deposited water rights or portions of
water rights from each hydrologic unit for the representative past period;
(16) for a water bank that
authorizes safe deposit accounts, a methodology to ensure that the users of
safe deposit accounts will not increase the consumption of groundwater; and
(17) for a water bank that
authorizes safe deposit accounts, a provision setting the maximum percentage of
unused water from the previous year that may be deposited in a safe deposit
account.
(b) After the body wishing to charter the water bank submits the proposed water bank charter to the chief engineer, it shall be circulated by the chief engineer to any groundwater management districts and water assurance districts located within the boundaries of the proposed water banks and to the Kansas water office for comments as to whether the proposed water bank charter complies with the provisions of K.S.A. 82a-765, and amendments thereto. Comments regarding the proposed water bank charter shall be due within 30 days after comments are requested by the chief engineer, unless an extension of time is requested within the time allowed and granted by the chief engineer for good cause shown.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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