Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 4 - DISTRIBUTION OF WATER BETWEEN USERS
Section 5-4-8 - Custodial care of the state
Universal Citation: KS Admin Regs 5-4-8
Current through Register Vol. 43, No. 39, September 26, 2024
(a) For any groundwater or surface water right placed in the custodial care of the state, the following criteria shall be met by the chief engineer:
(1) Not reappropriate the water authorized to
be diverted by a water right in the custodial care of the state;
(2) continue to include the priority, terms,
limitations, authorized rate and quantity, and other conditions of the water
right in any analysis or action conducted for the permitting, management,
regulation, or administration of other water rights or applications to
appropriate water;
(3) not declare
the water right abandoned for the nonuse of water. Placement of the water right
in the custodial care of the state shall be deemed to be due and sufficient
cause for nonuse of a water right pursuant to
K.S.A.
82a-718 and amendments thereto; and
(4) not dismiss the water right,
unless the chief engineer determines that the geographic area in which the
water right is located no longer meets the requirements of
K.S.A.
2-1919(2), and amendments
thereto, and reopens the area to new appropriations of water.
(b) A water right owner desiring to place a portion of an existing water right in the custodial care of the state shall request the division to divide the water right. Each portion of a divided water right shall be treated as a separate water right and administered accordingly.
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