Current through Register Vol. 43, No. 12, March 20, 2024
(a) Except for
those types of applications described in K.A.R. 5-25-4(b), each applicant
proposing to divert groundwater for non-domestic use within the district shall
drill a test hole that shall meet the following requirements:
(1) Be drilled within 20 feet of the proposed
well to the bottom of the aquifer;
(2) be completed as an observation well
according to the following specifications:
(A) A casing made of schedule 80 PVC with a
minimum outside diameter of three inches shall be used;
(B) five feet of well screen shall be
installed at the base of the usable aquifer;
(C) the annular space shall be grouted with
neat cement from the top of the well screen to the land surface; and
(D) centralizers shall be placed on the
casing at intervals of not greater than 40 feet starting at the bottom of the
casing; and
(3) be
drilled under the supervision of the district.
(b) Each applicant shall have a water sample
taken from within five feet of the bottom of the aquifer and shall have the
water sample analyzed for chloride content by a laboratory certified by the
Kansas department of health and environment. The applicant shall furnish the
results of the water quality analysis and a copy of the test hole log to the
district.
(c) If the analysis of
the water sample taken within five feet of the bottom of the aquifer indicates
that the chloride content exceeds 500 milligrams per liter (mg/l), the
application to appropriate water shall be recommended for denial by the
district unless both of the following conditions are met:
(1) The applicant shows that approval of the
application will not cause an unreasonable deterioration of the water quality
nor prejudicially and unreasonably affect the public interest.
(2) The applicant desires to proceed and is
willing, at the applicant's expense, to drill and complete at least two
additional observation wells at locations to be determined by the district
based on the lithology and the construction of the proposed well. Both of these
two additional observation wells shall be constructed according to
specifications adopted by the district and in the presence of a representative
of the district. The two additional observation wells shall be constructed and
screened above the saltwater and freshwater interface at a depth specified by
the district. If the proposed point of diversion is to be a well battery, the
number and location of the test holes and observation wells required shall be
determined by the district based on the best hydrogeologic information
available, including groundwater flow direction, lithology, and chloride
levels.
(d) If at any
time the chloride concentration in either of the latter two observation wells
exceeds 500 mg/l, the owner shall reduce the instantaneous rate of pumping or
the annual quantity pumped, or both, as necessary to reduce the chloride
concentration in both observation wells to below 500 mg/l.
(e) The permit shall be dismissed and the
owner shall properly plug the well at the owner's expense if either of the
following occurs:
(1) Within one year after
the chloride concentrations exceed 500 mg/l in either of the two observation
wells, the chloride concentrations are not reduced below 500 mg/l.
(2) Operation of the well causes impairment
of any other water right, including a domestic water right.
