Current through Register Vol. 43, No. 39, September 26, 2024
(a) Each application for enrollment in the
water rights conservation program (WRCP) received on or after July 1, 2011,
shall be considered as a WRCP tier 2 application.
(b) Enrollment of a water right in tier 2 of
the WRCP shall be by order of the chief engineer and compliance with the
requirements of subsection (d).
(c)
For a water right to be eligible to be enrolled in tier 2 of the WRCP, each of
the following requirements shall be met:
(1)
Except for domestic use, the point of diversion shall be located in either of
the following locations:
(A) An area that is
closed to new appropriations of water by regulation or order of the chief
engineer or, only within the Ogallala aquifer, is effectively closed due to
overappropriation determined by a safe-yield analysis; or
(B) some other area designated by the chief
engineer as an area where it would be in the public interest to allow water
rights to be placed in the WRCP. In areas within the boundaries of a
groundwater management district, the recommendations of the board of the
district shall be taken into consideration by the chief engineer.
(2) Each of the owners of the
water right shall agree to totally suspend all water use authorized by the
water right for the duration of the enrollment period.
(3) The owner or owners of the water right
shall submit an application to the chief engineer, or the chief engineer's
authorized representative, requesting that the water right be
enrolled.
(4) Only an entire water
right may be enrolled in the WRCP. If a water right is administratively divided
by the chief engineer, each portion of the water right shall be considered to
be an entire water right.
(5) The
water right shall not be deemed abandoned pursuant to
K.S.A.
82a-718, and amendments thereto.
(d) Requirements of any order
enrolling a water right in the WRCP shall include the following:
(1) Water rights shall be placed into the
WRCP for a definite period of calendar years of no fewer than five and no more
than 10 as requested by the application.
(2) The water right owner or operator shall
not be required to maintain the diversion works or delivery system during the
period of enrollment. If the pump is removed from a well, the well shall be
properly capped or sealed during the period of enrollment. These requirements
shall be in addition to those requirements made by the Kansas department of
health and environment pursuant to the groundwater exploration and protection
act, K.S.A. 82a-1201 et seq. and
amendments thereto.
(3) A
certificate determining the extent to which a water right has been perfected
shall be issued by the chief engineer before enrolling the water right in the
WRCP.
(4) Each year after
authorized enrollment in the WRCP, the water use correspondent shall indicate
on the water use report that no water was used because the water right was
enrolled in the WRCP.
(e) Each diversion of water for beneficial
use, other than domestic use, under authority of a water right while enrolled
in the WRCP shall result in revocation of the enrollment order and the loss of
due and sufficient cause for nonuse of water during the portion of the
enrollment period occurring before the diversion.
(f) Each diversion of water for beneficial
use, other than domestic use, during the enrollment period shall be considered
a violation of the order enrolling the water right. Any such diversion of water
may result in a civil penalty pursuant to K.S.A. 2013 Supp.
82a-737, and amendments
thereto.
