Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 3 - APPROPRIATION RIGHTS
Section 5-3-21 - Perfection of a water right for irrigation use
Universal Citation: KS Admin Regs 5-3-21
Current through Register Vol. 43, No. 39, September 26, 2024
(a) For applications with a priority date before the effective date of this regulation, the maximum reasonable annual quantity of water that may be perfected for irrigation use shall not exceed the following:
(1) The maximum annual quantity of water
actually applied to beneficial use in any one calendar year in accordance with
the terms, conditions, and limitations of the approval of application during
the perfection period; and
(2) the
quantity of water reasonably necessary to irrigate crops in the region of the
state where the place of use is located as set forth in K.A.R. 5-3-19(a). The
reasonable quantity shall be determined by multiplying the number of acres
actually irrigated during the year of record by the quantity per acre as set
forth in K.A.R. 5-3-19(a).
(b) For applications with a priority date on or after the effective date of this regulation, the maximum reasonable annual quantity of water that may be perfected for irrigation use shall not exceed the following:
(1) The maximum annual quantity of
water actually applied to beneficial use in any one calendar year in accordance
with the terms, conditions, and limitations of the approval of application
during the perfection period; and
(2) the quantity of water reasonably
necessary to irrigate crops in the region of the state where the place of use
is located as set forth in K.A.R. 5-3-19(b). The reasonable quantity shall be
determined by multiplying the number of acres actually irrigated during the
year of record by the quantity per acre set as forth in K.A.R. 5-3-19(b).
(c) The quantity specified in subsection (a) or (b) may be exceeded only if the water right owner demonstrates both of the following to the chief engineer:
(1) Because of specialty crops or other
unusual conditions, the quantity specified in K.A.R. 5-3-19 was insufficient.
(2) A greater quantity was
reasonable for the intended irrigation use, was not wasteful, and did not
otherwise prejudicially and unreasonably affect the public interest.
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