Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 43 - SAND DREDGING PERMITS
Section 5-43-4 - Sand dredging; operations conflicting
Current through Register Vol. 43, No. 39, September 26, 2024
If more than one operator proposes to operate within a given reach of a private stream, then all conflicting applicants shall be required to submit proof of easements or other legal authority to operate. If more than one operator proposes to operate within a given reach of a navigable stream, the chief engineer shall determine which operators shall be permitted, based on the following criteria:
(a) The capability of the applicant's equipment to operate within the desired area;
(b) the applicant's need for the material;
(c) the applicant's existing operation, if any;
(d) the anticipated date the applicant will begin operation;
(e) the applicant's history of operation;
(f) the anticipated plant completion date;
(g) proof of the applicant's easements and right-of-ways necessary to operate;
(h) date of application; and
(i) any other relevant factor.