Current through Register Vol. 43, No. 12, March 20, 2024
(a) A reasonable
period of time for construction of diversion works shall be not less than one
full year following the approval of the application to appropriate water. If a
person demonstrates that a reasonable long-term schedule for development of
diversion works or other infrastructure is in the public interest, that
information shall be taken into consideration by the chief engineer in
determining a reasonable period of time for the construction of diversion
works.
(b) For good cause shown by
the applicant, a reasonable extension of time to construct the diversion works
shall be allowed by the chief engineer, if the request for extension is filed
pursuant to the requirements of K.A.R. 5-3-7 and is accompanied by the
statutorily required filing fee.
(c) If the total time allowed to construct
the diversion works has been more than 16 months and fewer than 24 months, an
extension of time shall be granted by the chief engineer only if the applicant
meets the following criteria:
(1)
Demonstrates good cause;
(2)
provides a copy of a contract with the well driller or other information
substantiating the intent to proceed to complete the construction of the
diversion works in an expeditious manner;
(3) files the request for extension pursuant
to the requirements of K.A.R. 5-3-7; and
(4) submits the statutorily required filing
fee.
(d) If the total
time allowed to construct the diversion works equals or exceeds 24 months, an
extension of time may be granted only if the applicant demonstrates to the
chief engineer that circumstances beyond the control of the applicant
necessitate the extension of time.
(e)
(1) The
applicant shall file a notice of completion of diversion works and the
statutorily required field inspection fee with the chief engineer no later than
March 1 following the deadline to construct the diversion works. The notice of
completion of diversion works shall be filed on a form prescribed by the chief
engineer.
(2) If a water flowmeter
has been required by the chief engineer as a condition of the permit, the
applicant shall also file a notice of completion of installation of a water
flowmeter on a form prescribed by the chief engineer. This form shall be due at
the same time that the notice of completion of diversion works form is due.
(f)
(1) The applicant shall be sent a notice by
the chief engineer giving the applicant 30 days to show that the diversion
works were completed within the time allowed in accordance with the terms,
conditions, and limitations of the approval of application and to pay the field
inspection fee, if it has not already been paid, under either of the following
conditions:
(A) A notice of completion of
diversion works has not been completely and timely filed with the chief
engineer.
(B) Information on file
in the office of the chief engineer indicates that the diversion works were not
properly constructed within the time allowed to construct the diversion works,
including any authorized extensions of time.
(2) The permit shall be dismissed and its
priority forfeited if the applicant fails to perform the following:
(A) To demonstrate that the diversion works
were completed within the time allowed by the approval of application; and
(B) to pay the statutorily
required field inspection fee, if it has not already been paid.
