Consequences of Over-Pumping
Kansas water rights have legally established limits concerning the quantity of water authorized, rate of diversion, place of use, use made of water, and other conditions and limitations. Owners should be aware of the legal limits of their water rights because violations can result in substantial penalties. This page focuses on penalties for diverting more water than the authorized quantity of a water right or permit to appropriate water, commonly called "over-pumping".
In general, DWR applies the following progressive penalties when an individual diverts more water than the authorized quantity of a water right or permit to appropriate water:
- First offense: Notice of Non-Compliance
- Second offense: $500 fine and water penalty. (Generally the authorized quantity for the following year is decreased by the same amount over-pumped.)
- Third offense: $500 per day fine and 2x water penalty. (Generally the authorized quantity for the following year is decreased by twice the amount over-pumped.)
- Fourth offense: 1-year suspension of authorization to use water
- Fifth offense: Revoke water right or permit
There may be exceptions to the progression listed above - for example, if over-pumping is flagrant the agency may proceed directly to imposing a stricter penalty without waiting for repeat offenses to occur.
DWR sends an order of the chief engineer by certified mail to those individuals receiving civil penalties. The order explains the reasons for the penalties and identifies the authorized quantity of the water right or permit to appropriate water. If the authorized quantity has been reduced for the next year, the reduced quantity is identified in the order.
In 2008, DWR began routinely applying water penalties in addition to monetary fines. As a result, a number of water rights or permits to appropriate water have had their authorized quantities reduced for 2009. DWR wants to allow water users the flexibility to determine how they will comply with their reduced allocations in a manner that creates the least impact on their operations. For example, an irrigator who has received such a penalty may have to plant a less water-consumptive crop or reduce their acreage planted in order to comply with the reduction in their authorized quantity due to over-pumping in 2008. It is very important for individuals who have received civil penalties to avoid over-pumping their reduced authorized quantities in 2009 or subsequent years in order to avoid a more severe penalty. All water users - owners and tenants - should be careful to avoid over-pumping so that they do not jeopardize the water rights or permits to appropriate water that they depend upon.
Statutory and Regulatory Authority
Unlawful Acts; Penalties 
K.S.A. 82a-728
Civil Enforcement of Act K.S.A. 82a-737
Forfeiture, Revocation and Dismissal K.A.R. 5-3-6
Enforcement K.A.R. 5-14-1
Civil Penalties; Suspension or Modification of Water Rights K.A.R. 5-14-10
Contact the water commissioner at your local field office for additional information.