Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 3 - APPROPRIATION RIGHTS
Section 5-3-17 - Safe yield; miscellaneous exemptions
Current through Register Vol. 43, No. 39, September 26, 2024
In any area of the state which is subject to safe yield criteria, and outside a groundwater management district or an intensive groundwater use control area closed to new non-domestic, non-temporary uses, each application to appropriate groundwater for a beneficial use shall be exempt from meeting the safe yield criteria if the chief engineer finds that:
(a) the proposed use has occurred continuously since prior to the effective date of this regulation;
(b) the proposed use could have reasonably been classified by the division of water resources as a domestic use at the time the use began; and
(c) all other requirements in effect for the approval of a new application to appropriate water at that location have been met.
