Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 24 - NORTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT NO. 4
Section 5-24-11 - Investigation and enforcement
Current through Register Vol. 43, No. 12, March 20, 2024
The procedure set forth in this regulation shall be followed whenever enforcement action is taken by the district after it becomes aware that a person could be violating any of the regulations adopted by the chief engineer that relate to conservation and management of groundwater within the district.
(a) If a violation is discovered by the district's staff, the enforcement procedure shall begin with the step specified in subsection (c). In all other cases, a complaint may be filed with the district either verbally or in writing. The complaint shall describe and specify the following:
(b) Before the staff makes any field investigation of the complaint, the staff shall make at least one attempt to contact an owner, operator, or other responsible representative of the water right or approval of application to notify the individual that a field investigation will be made.
(c) The district's staff shall make an investigation under either of the following circumstances:
(d) A written report of the investigation shall be prepared by the staff. This report shall include any documents relied on or prepared by the staff in investigating the complaint or internally discovered violation. The report shall become a part of the official district record concerning the investigation. If a water right or an approval of application is involved, the report shall be made a part of that file.
(e) If the investigation shows that no violation has occurred or that enforcement action is not warranted, a copy of the report shall be sent to the complainant, if the investigation was prompted by a complaint, and the water right owner. A copy shall be retained in the district office. No further enforcement action shall be taken by the district at that time.
(f)
(g) If the violation is corrected within the time frame specified by the order, the violator shall notify the district, and an inspection shall be conducted by the staff to determine if the violation has ceased. If the staff investigation determines that the violation has been corrected within the time frame specified by the order and in accordance with the district order, the enforcement activity by the district shall cease.
(h) If the violation has not been corrected within the time frame specified in the order and in the manner specified in the order, one or more of the following actions may be taken by the board: