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

Universal Citation: KS Admin Regs 5-43-4

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.

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