Current through Register Vol. 43, No. 12, March 20, 2024
(a) A resource
development plan may be required by the district to be submitted for any of the
following:
(1) A new application to
appropriate water for irrigation use;
(2) a nonemergency application to change the
place of use or the use made of water from irrigation to another type of use
that involves an actual physical change in operation; or
(3) a new application to appropriate water
for nonirrigation purposes if one of the following criteria is met:
(A) The quantity of water requested is likely
to be unreasonable.
(B) The
proposed beneficial use is likely to be inefficient.
(C) The proposed operation is likely to
result in a waste of water.
(D)
The owner or operator has a recent, documented history of noncompliance with
the provisions of the Kansas water appropriation act or regulations adopted
pursuant to the act.
(b) Each resource development plan shall
include a description of the proposed operation, including the diversion works,
the distribution system, and all other matters necessary to determine whether
the proposed annual quantity of water is likely to be reasonable and not
wasteful.
(c)
(1) The applicant shall be notified by the
district whenever an applicant is required to submit a resource development
plan. This notification shall include the deadline for submitting the plan.
The district shall then review the plan and submit it to the
chief engineer with one of the following recommendations:
(A) The application should be approved
because the proposed plan meets the regulatory requirements, and those portions
of the plan consistent with the conservation plan guidelines adopted by the
Kansas water office should be required as a conservation plan as a condition of
the approval of application.
(B)
The application should be approved if certain changes are made to the plan, and
the amended plan should be required as a condition of the approval of
application insofar as it is consistent with the water conservation planning
guidelines adopted by the Kansas water office.
(C) The plan does not meet the regulatory
requirements, and the application should not be approved.
(2) Each water conservation plan required by
the chief engineer shall be made a condition of the approval of application.
The required water conservation plan shall be fully implemented before
diversion of water occurs pursuant to that approval of application. After the
plan is implemented, the owner shall maintain the plan in a satisfactory
manner.
(d) In addition
to meeting the requirements specified in subsection (b), for irrigation use,
the resource development plan shall meet the following requirements:
(1) Include irrigation system design,
tailwater control methods, well yield, and cropping patterns; and
(2) comply with design criteria meeting the
following requirements:
(A) Are set forth in
the national engineering handbook (NEH), part 652, irrigation guide, dated
November 13, 1997, as amended through the Kansas state supplement dated May 8,
2003, which is hereby adopted by reference; and
(B) are consistent with the "irrigation water
conservation program for the state of Kansas," published by the Kansas water
office in November 1993 and hereby adopted by reference.
(e) For municipal use, the plan
shall comply with the "Kansas 1990 municipal water conservation plan
guidelines," second edition, which is published by the Kansas water office and
hereby adopted by reference.
(f)
In addition to meeting the requirements specified in subsection (b), for all
other types of beneficial use, the resource development plan shall include a
description of the proposed use of water in sufficient detail to determine if
the proposed use is reasonable and not wasteful.
