Proposed Water Appropriation Regulations

The Kansas Department of Agriculture, Division of Water Resources is proposing adoption of several amended (and one new) administrative rules and regulations addressing 15 acre-feet exemptions in GMD 5 and GMD 2, and statewide requirements for impairment investigations, due and sufficient causes for nonuse, and water flowmeters.

Status and summary of the proposed regulations are listed below, along with links to the public hearing notices. Posted with the notices are text of the proposed regulations and economic impact statements. An online comment form is also provided.

Status:

The Kansas Department of Agriculture issued notices of public hearing and comment period for these proposed regulations. The public notice and proposed regulations are available at the link below.

The following list itemizes the steps that have been completed and those that are pending for adoption of the rules and regulations:

  • Discussions with GMDs and stakeholders – Done
  • Review and approval by the Kansas Department of Administration – Done
  • Review and approval by the Kansas Attorney General’s Office – Done
  • Notices of public hearing and comment period – Notices Issued
  • Hearing before the Legislative Joint Committee on Rules & Regulations – Pending (TBD)
  • Public hearings – Scheduled on April 7, 2010 in Topeka with remote teleconference locations in Garden City, Halstead, Stafford, and Stockton.

Summary of Proposed Regulations:

1. GMD 5: 15 acre-feet exemptions (amended)

The proposed amendments change the conditions under which 15 acre-feet exemptions will be allowed within Big Bend Groundwater Management District No. 5 (GMD 5). Fifteen acre-feet exemptions in the Rattlesnake Creek, Arkansas River, Walnut Creek, Pawnee River and Buckner Creek Basins will require offsets. The regulation also sets the spacing of 15 acre-feet applications to one-mile within the entire District.

2. GMD 2: 15 acre-feet exemptions (amended)

The proposed amendments change the conditions under which 15 acre-feet exemptions will be allowed within Equus Beds Groundwater Management District No. 2 (GMD2). The amendments will require that approval of a 15 acre-feet exemption not authorize more than 15 acre-feet when combined with another right or allow a 15 acre-feet exemption to be pumped through a common distribution system with another water right.

3. Statewide: Impairment investigations (amended and new)

The proposed amendments and new section add requirements for non-domestic complainants to demonstrate that their well and pump system are adequate; provide a formal process for groundwater management districts to provide input and assistance for impairment investigations within their boundaries; more specifically detail the steps involved in impairment claims and investigations; and establish procedures for instances when impairment is found to result from regional lowering of the water table.

4. Statewide: Due and sufficient cause for nonuse (amended)

The proposed amendments clarify the existing adequate moisture due and sufficient cause; add a new due and sufficient cause for water rights in closed areas; and require that most due and sufficient causes be conditional upon maintaining functional diversion works.

5. Statewide: Water flowmeter specification and compliance (amended)

The proposed amendments change the conditions under which water meter seals will be required to be installed. Meter seals that make it impossible to alter the totalizer reading will be required unless parallel water records are kept.

Resources:

Contact:

Lane Letourneau
Water Appropriation Program Manager
Phone:  (785) 296-3710
E-Mail:  lane.letourneau@kda.ks.gov