Current through Register Vol. 43, No. 12, March 20, 2024
(a)
Except as specified in subsection (c), the district shall be closed to new
appropriations of water in the portions of the unconsolidated aquifers commonly
known as the Ogallala formation and the Niobrara formation that are located
within the district.
(b) The
approval of each application for a change in the point of diversion shall be
subject to the following requirements, if the diversion works have not been
completed under the original approved application:
(1) The proposed appropriation, when added to
the vested rights, prior appropriation rights, and earlier priority
applications, shall not exceed the allowable safe yield amount for the area
included within a two-mile-radius circle, which is approximately 8,042 acres,
of the proposed well.
(2) For the
purpose of analysis, all vested rights, certificates, permits, and prior
unapproved applications shall be considered to be fully exercised, and all
limitation clauses listed on permits to appropriate water and certificates
shall be considered to be in force.
(3) In the case of an application for change
in the point of diversion referred to in subsection (b), each application and
water right with a priority earlier than the priority established by the filing
of the application for change shall be included in the analysis.
(4) The allowable annual safe yield amount
shall be calculated using the following formula:
Q = AR/12
Q = the allowable annual safe yield amount in
acre-feet per year
A = area of consideration, within a
two-mile-radius circle, approximately 8,042 acres
R = average annual recharge of 0.5 inches per
year
(5) If part of the
radial area is located outside the district boundary, that part shall be
included in the depletion analysis only if the chief engineer determines that
hy-draulically connected groundwater exists in that portion of the area outside
the district. A part of the area of consideration lying outside the state of
Kansas shall not be included in the analysis.
(6) If wells authorized under a vested right,
a certified water right, or a permit to appropriate water are divided by the
circumference of the radial area, the authorized quantity of water shall be
assigned to each well. If specific quantities are not authorized for each well,
a proportional amount shall be assigned to each well.
(c) This regulation shall not apply to the
following:
(1) Domestic use;
(2) temporary permits and term permits;
and
(3) a new application filed to
appropriate groundwater in any area of the district not within an intensive
groundwater use control area, meeting all of the following criteria:
(A) The sum of the annual quantity requested
by the proposed appropriation and the total annual quantities authorized by
prior permits allowed because of an exemption pursuant to this subsection does
not exceed 15 acre-feet in a two-mile-radius circle surrounding the proposed
point of diversion.
(B) Well
spacing criteria in the area have been met.
(C) The approval of the application does not
authorize an additional quantity of water out of an existing authorized well
with a nondomestic permit or water right that would result in a total combined
annual quantity of water authorized from that well in excess of 15
acre-feet.
(D) All other criteria
for approving a new application to appropriate water at that location have been
met.
(d)
Exceptions to this regulation may be granted on an individual basis by
recommendation by the board in conjunction with the approval of the chief
engineer. The applicant may be required by the board to submit information
necessary in order to make the determination.
