Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 17 - WATER BANKING
Section 5-17-6 - Conditions on the term permit to exercise a contract to lease water
Universal Citation: KS Admin Regs 5-17-6
Current through Register Vol. 43, No. 39, September 26, 2024
(a) A contract to lease water may be exercised only if the chief engineer approves an application for a term permit to divert the leased water.
(b) The following conditions shall be imposed by the chief engineer on the term permit authorizing the use of water leased from a water bank:
(1) The maximum reasonable
quantity of water that may be diverted per calendar year, as set forth in
K.A.R. 5-17-17, and the maximum quantity of water that may be diverted during
the term of the permit;
(2) the
maximum rate of diversion;
(3) the
term of the permit, which shall not exceed the length of the water bank charter
plus three calendar years;
(4) the
authorized point of diversion;
(5)
the authorized place of use;
(6)
the authorized use made of the leased water;
(7) a provision that the diversion shall not
cause the impairment of any existing water rights;
(8) a provision that the diversion shall not
cause an increase in depletion to any severely depleted groundwater aquifer or
severely depleted stream course;
(9) a provision that the leased water shall
be diverted from, and used within, the same hydrologic unit where the water
rights were deposited; and
(10) a
provision that any violation of a term permit used to exercise a lease shall
make the permittee subject to the penalty provisions of K.A.R. 5-17-13.
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