Current through Register Vol. 43, No. 12, March 20, 2024
(a) Before a GMD"s
board of directors recommends formal approval of a LEMA plan and submission to
the chief engineer for review, the GMD's board of directors or staff may
request the division to assist in the development of the LEMA plan or to
informally review the LEMA plan.
(b) In addition to the requirements for LEMA
plans specified in K.S.A. 82a-1041 and amendments thereto, each GMD that
recommends approval of a LEMA plan and formally submits the LEMA plan to the
chief engineer shall ensure that the LEMA plan includes the following:
(1) Each condition specified in K.S.A.
82a-1036(a) through (d), and amendments thereto, that the LEMA plan is intended
to address;
(2) a statement of each
goal that the LEMA plan is intended to achieve;
(3) documentation that quantifies how any
corrective controls that establish allocations, cuts, or limitations to water
use would affect each individual water right within the proposed
boundaries;
(4) an appropriate
appeals procedure for water right owners based on the corrective controls
implemented;
(5) an executive
summary of the proposed goals and corrective controls;
(6) documentation, evidence, or other
information indicating that the proposed corrective controls will meet each
stated goal of the proposed LEMA plan;
(7) a description of how the boundary of the
proposed LEMA was determined;
(8) a
description of how due consideration was given to water users who already have
implemented reductions in water use resulting in voluntary conservation
measures if the corrective controls result in any allocations, reductions, or
limitations of water rights that are based on past use. If applicable, the
description shall include the following:
(A)
An explanation of the criteria or methods used to address voluntary water
management or conservation that reduced water usage; and
(B) a requirement that any owner or holder of
a water right provide documentation of any voluntary conservation that resulted
in the use of less water;
(9) if applicable to the LEMA plan,
specification of how past reductions in water use resulting in voluntary
conservation will be considered in any appeal process provided; and
(10) if a stated goal of the LEMA plan is to
address an impairment or there are known cases of direct impairment within the
LEMA, an explanation of how each impairment is legally addressed.
(c) A separate memorandum
containing a summary of the public outreach conducted by the GMD before
recommending the LEMA plan for approval shall be submitted simultaneously with
the LEMA plan and shall include a description of any changes made to the LEMA
plan due to any public comments.
(d) If the stated goal of a LEMA plan is to
improve water quality, the GMD's board of directors or staff may consult with
the chief engineer before formal submission of the proposed LEMA plan to
determine which requirements in subsections (b) and (c) are applicable and to
determine any other information necessary in order for the chief engineer to
perform a review of the LEMA plan.
