Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 17 - WATER BANKING
Section 5-17-5 - Contract to lease water
Current through Register Vol. 43, No. 12, March 20, 2024
Any person who has an application approved by the water bank for the lease of water from the water bank may enter into a contract with the water bank to lease water. The contract shall be entered into before a term permit can be issued by the chief engineer and shall include the following information and provisions:
(a) The quantity of water to be leased;
(b) the maximum rate of diversion at which the leased water will be diverted;
(c) the calendar years during which water will be leased, which shall not exceed the length of the water bank charter plus three calendar years;
(d) the location of the point of diversion where the leased water will be diverted, including the hydrologic unit;
(e) the use made of the water to be leased;
(f) the place of use of the water to be leased.
The place of use shall be identical to a place of use authorized by an existing water right or approval of application, or shall be an entirely new place of use;
(g) the terms of payment for the lease of water;
(h) the penalties for breach of the lease, including those set forth in K.A.R. 5-17-13; and
(i) a provision that if the term permit is not obtained by a certain date or the term permit is dismissed for any reason, the contract shall not be exercised.
