Water Use F.A.Q. 

What are annual water use reports?

Anyone who has a water right issued by the Kansas Department of Agriculture's Division of Water Resources is required to file a complete and accurate water use report. This report documents how much water was put to beneficial use during the previous calendar year. Water use reports due March 1, 2008, document water use during 2007.

What information is required to determine how much water was put to beneficial use?

There are different ways to determine the amount of water used during the year. The most important thing is to provide accurate information, which means you must keep accurate records for each point of diversion.

Meters:

If a flowmeter is installed on the diversion works, report the net quantity of water pumped through the meter for 2007. Meters have digital totalizers that work like the odometer on your car. To determine the amount of water used for the year, you must subtract the beginning reading from the ending reading. The difference is the amount of water diverted for the year.

Regulations require water right holders with flowmeters to report the beginning and ending meter readings, metered quantities, the conversion factors and unit of measurement.

Meters read in different factors and units of measurement. Commonly used meters read in hundreds or thousands of gallons, acre-feet, or acre-inches. There are different multiplication factors for each one of these units, and all of this should be on the face of the meter. It is very important that the water user report all of this information on the report form. Without all of the meter information, the readings are useless. Inadequate information will require follow-up contact from our office to obtain the information.

If the meter breaks down, report that the meter is down and give the best estimate of hours pumped with an estimated rate. Keep in mind that the meter must be repaired to comply with the law. If the meter is new, report "0" in the beginning column with the word "new."

Hours and Rate:

If there is no meter, or you are providing a back-up to a meter reading, report the hours pumped. It is not necessary to report tenths of hours; round the hours to the nearest whole hour. It is important to report a best estimate of the pump rate, which should be in gallons per minute.

Other required information (example - irrigation):

Chemigation:

Indicate with a "Y" if you intend to chemigate from each specific point of diversion in the coming year. Otherwise indicate "N" for no.

Acres Irrigated:

Report only acres that were actually irrigated for the subject year. Round up to the nearest acre. It is not necessary to report tenths of acres. The total acres at the bottom of the report should equal the sum of the individual lines on that report without duplication of any acreage.

Crop Code:

Report the types of crops irrigated for 2007 using the numbering system included with the instructions. For example: corn = 2; soybeans = 4. If both corn and soybeans were irrigated, use 2,4.

Type of System:

Report the type of irrigation system used for each specific point of diversion using the numbering system included with the instructions. For example: center pivot system with low drop nozzles = 4.

Type of Energy:

Report the type of energy used for each specific point of diversion using the letter code included with the instructions. For example: natural gas = N.

How many reporting forms were mailed in 2008?

Approximately 14,000 total reporting forms were mailed during the first two weeks of January, 2008. There will be about 12,000 irrigation, 1,000 municipal, more than 550 industrial, and close to 250 stockwatering reports. The rest are recreational, hydraulic dredging, thermal exchange, dewatering, fire protection, contamination remediation, artificial recharge, waterpower, sediment control and domestic use. 

When are the reports due back to the Division of Water Resources?

By statute, the reports are due March 1. Usually about 95 percent of all completed reports are received by March 1 each year. Unfortunately, this means that about 5 percent of the reports are delinquent and civil penalties are assessed. Civil penalties are used to encourage water users to comply with the law by timely filing water use reports. The reports are required by law and the deadline is not open to extension.

Why is it important to report water use to the Division of Water Resources, other than to avoid the civil penalty?

Water is a resource owned by all the people of Kansas. To properly manage the resource, we must know how it is being used. Water use reports also serve to establish a water right. Water rights are real property rights and are associated with the place where they are established. Water rights will become more valuable as large areas of the state are closed to new permits. It is very important that water use reports be complete and accurate. Even if no water was used, the report should indicate the reason for nonuse.

Where can a water right owner get help filling out their water use reports?

Staff with the Division of Water Resources are prepared to help water right holders complete the water use reports. Office locations and phone numbers are available online.  

What should water right holders report if there was no use?

Many water right holders are concerned that they will lose their water right if they do not use the water each year. That is not true. The Kansas Water Appropriation Act allows five years of nonuse before the right is considered abandoned. If there is due and sufficient cause for nonuse, the right is not considered abandoned. Regulations further define due and sufficient cause for nonuse. If there is due and sufficient cause for nonuse, the right is not in jeopardy. To put it more simply, one must truly abandon their project before the right is considered forfeited.

To help water users, the Division of Water Resources will send a courtesy letter after three years of possible nonuse. That alerts the water user that he or she has two years to fix the nonuse situation.

Regulations also allow water right holders to put their water rights in layaway through the water rights conservation program. The water right owner enters into a contract with the Chief Engineer and agrees that the water available under the right will not be used for a period of five to 10 years.