Current through Register Vol. 43, No. 39, September 26, 2024
(a) An
application for a change in point of diversion to convert one well to a battery
of wells, as defined in K.A.R. 5-1-1, shall not be considered for approval
unless all of the criteria in paragraph (a)(1), (2), or (3) below are met:
(1)
(A) The
proposed battery of wells meets the definition of a battery of wells as defined
in K.A.R. 5-1-1.
(B) The time to
construct the diversion works has not expired.
(C) The proposed rate of diversion does not
exceed the currently authorized rate of diversion.
(2)
(A) The
proposed battery of wells meets the definition of a battery of wells as defined
in K.A.R. 5-1-1.
(B) Water is
available for appropriation at the geocenter of the proposed well battery based
on the criteria set forth in K.A.R. 5-25-4(c).
(C) The proposed rate of diversion does not
exceed the currently authorized rate of diversion.
(3)
(A) The
proposed battery of wells meets the definition of a battery of wells as defined
in K.A.R. 5-1-1.
(B) A certificate
of appropriation has been issued pursuant to
K.S.A.
82a-714 and amendments thereto.
(C) The maximum instantaneous rate of
diversion approved shall be either of the following:
(i) The maximum instantaneous rate of
diversion under normal operating conditions actually used during any of the
three consecutive calendar years before the date of the application for change;
or
(ii) the tested rate of
diversion achieved under actual operating conditions made by a tester approved
by the chief engineer. The test of the rate of diversion shall be made within
six months either before or after the change application is filed.
(D) The proposed rate of diversion
does not exceed the currently authorized rate of diversion.
(b) In addition to
meeting the requirements specified in subsection (a), the applicant shall also
demonstrate that approval of the battery of wells will not impair existing
water rights or approvals of applications and will not prejudicially and
unreasonably affect the public interest.
(c) Each permit shall also be conditioned by
the chief engineer so that the permit is subject to K.A.R. 5-25-2a (b) and (c).
