Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 3 - APPROPRIATION RIGHTS
Section 5-3-9 - Public interest
Universal Citation: KS Admin Regs 5-3-9
Current through Register Vol. 43, No. 12, March 20, 2024
(a) In accordance with K.S.A. 82a-711(b)(5), as amended, in ascertaining whether a proposed use will prejudicially and unreasonably affect the public interest, the chief engineer shall also take into consideration the quantity, rate and availability of water necessary to:
(1) satisfy senior domestic water rights from
the stream;
(2) protect senior
water rights from being impaired by the unreasonable concentration of naturally
occurring contaminants; and
(3)
over the long term reasonably recharge the alluvium or other aquifers
hydraulically connected to the stream.
(b) Unless otherwise provided by regulation, it shall be considered to be in the public interest that only the safe yield of any source of water supply, including hydraulically connected sources of water supply, shall be appropriated.
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