Water Rights Conservation Program

The Water Rights Conservation Program (WRCP) was initiated in 1992, to encourage conservation of water. (See K.A.R. 5-7-4.) The WRCP protects an unused water right from being declared abandoned for non-use pursuant to K.S.A. 82a-718 (see Kansas Water Appropriation Act), during the contract period, if it is properly enrolled in this program and the conditions of the contract are met. The primary condition of the contract is that the water user will not use any water under that water right during the enrollment period, which can be no fewer than five (5) years and no more than (10) years.

There are three items that should be emphasized:

  • All owners of the water right, or an authorized representative of an entity owning the water right, must sign the WRCP contract.
  • The point of diversion must be located in an area that meets one of the following criteria:
    • The area is closed to new appropriations of water, except for temporary permits, term permits and domestic use
    • The area is over-appropriated based on safe yield
    • The area has been 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
  • A water right must be in good standing and not be abandoned before it can be enrolled into the WRCP.

Once the Chief Engineer receives an acceptable and complete contract, the Chief Engineer will determine if the water right meets all qualifications for entry into the WRCP. If it does, the contract will be signed by the Chief Engineer, and the water right will be enrolled in the WRCP. If the Chief Engineer determines that the water right cannot be enrolled in the program, reasons for the non-acceptance will be given by the Chief Engineer. If the contract submitted does not contain sufficient information to determine if the water right is eligible for the program, the Chief Engineer will return it with an explanation of the deficiencies.

The WRCP has been used by entities to conserve water, purchase water rights for future use, and to maintain an active water right in areas where the source of supply has diminished. At the end of the contract period there are two options: the diversion works authorized by the water right can either be put back into service within five (5) years, or an application for renewal of the WRCP contract for another five (5) to ten (10) year period can be submitted to this office. Applications for renewal shall be subject to the Chief Engineer's approval based on specified criteria.

Water Rights Conservation Program Application Form PDF

If you have any questions about enrolling a water right in the WRCP, please contact your Division of Water Resources Field Office.