For the Kansas law associated with this area of our program, go to the Kansas Chemigation Safety Law and left mouse-click on the file. If you prefer to download the file, right mouse-click on the file.
The Kansas Chemigation Safety Law (KCSL) requires registering all water points of diversion (i.e.: (1) wells; (2) the point where the longitudinal axis of the dam crosses the center line of the stream; or (3) the location of the headgate or intake, in the case of a direct diversion from a river, stream or other watercourse) that will be used in the chemigation process.
Chemigation is the application of chemicals--pesticides or fertilizers, or blending effluent with fresh water--through an irrigation system.
A Chemigation User's Permit must be obtained before chemigating. The permit is valid for one year, expiring on December 31. Renewal materials are mailed annually in December.
A Chemigation Equipment Operator (CEO) is an individual who has successfully completed the open book examination. The Kansas Chemigation Safety Law requires a Chemigation User's Permit not be issued to any person unless that person is a certified CEO, or has in his or her employ at least one certified CEO. No individual shall supervise more than ten operating chemigation units at one time. The pesticide applicator training/certification program and the chemigation certification program are totally separate requirements. Being a certified pesticide applicator does not exempt a producer who plans to chemigate from the obligation to be certified as a Chemigation Equipment Operator. Similarly, the certification as a Chemigation Equipment Operator does not exempt a producer who plans to use "Restricted" pesticides from the need to complete a pesticide applicator training program. The CEO certification is valid for five years, expiring December 31 of the fourth calendar year after the year of issue. Renewal materials are mailed in December of the year the certification expires.
Anyone engaging in chemigation, including applying animal waste, must first install antipollution devices on the irrigation equipment that will be used. Antipollution devices reduce the impact irrigation equipment malfunction could have on the environment. These devices include:
- Main Line Check Valve - Main water line check valves shall be automatic, quick-closing devices capable of preventing the backflow of water-chemical mixtures into the source of water supply during times of system failure or equipment shutdown.
- Vacuum Relief Device - A functional vacuum relief device shall be used between the water line check valve and the irrigation pump to reduce the chance of chemical being back-siphoned into the water source.
- Inspection Port - An easily accessible inspection port shall be located between the pump discharge and the check valve, and situated so the automatic low pressure drain can be observed through the port and the check valve can be physically manipulated. The port shall have a minimum four-inch diameter orifice or viewing area.
- Automatic Low Pressure Drain - An automatic low pressure drain shall be installed between the water line check valve and the irrigation pump. The drain must be flush or recessed or have a dam installed upstream of the drain.
- Interlock - An interlock system shall be used between the power system of the injection unit, the irrigation pumping plant and the pivot, if involved; the interlock shall function so that if the irrigation pump stops, the injection pump will also stop.
Antipollution devices must be maintained in a functional state for any irrigation system used in the chemigation process.
Antipollution devices and injection equipment for fertilizers, pesticides and other chemicals, must also include:
- Chemical Injection Line Check Valve - A chemical injection line check valve shall be installed in the injection line; this device shall be used to prevent the flow of water from the irrigation system into the chemical supply tank and to prevent gravity flow from the chemical supply tank into the irrigation system.
- Manual Valve - A manually operated valve shall be installed on the chemical supply tank
- Strainer - A strainer shall be located on the suction side of the chemical injection pump.
- Calibration Device - A calibration device of sufficient volume to accurately calibrate the injection pump.
Additional injection equipment required for pesticides (insecticides, herbicides, fungicides, etc.) must include:
- Air Bleeder Valve - An air bleeder valve for the injection pump and high pressure line shall be installed on the end of the high pressure injection line closest to the point of injection into the irrigation pipe.
- Positive Displacement Pump - A positive displacement injection pump, such as a diaphragm or piston pump, shall be used when injecting pesticides.
- Other Devices - Any other equipment required by the pesticide label or labeling.
The injection equipment used must be constructed and maintained in a manner that ensures the application of pesticides within label recommendations and the application of fertilizers within the planned application rate. Injection equipment must be calibrated before each chemical application.
Any individual operating chemigation equipment under a chemigation user's permit is responsible for the safe operation of the chemigation equipment and for ensuring that the equipment is functional. The equipment will be considered to be under the direct supervision of the permit holder.
Each person using the chemigation process must keep records regarding each application of any chemical other than water or animal waste. The records must contain the following information:
- The type of chemical used.
- The amount of active ingredient used.
- The date of use.
- The legal description of the location of the water supply or the point of water diversion.
- The total number of acres treated by means of chemigation.
- The type of crop to which the chemical was applied. And, in the case of pesticides:
- The EPA registration number of each pesticide applied.
- The common name of the targeted pest or pests (example: Southwestern cornborer, grassy weeds, etc.)
Persons who apply only animal wastes must keep records regarding each application of animal waste through the irrigation system. The records must contain the following information:
- The date of use.
- The legal description of the location of the water supply or the point of diversion.
Records required under this section are retained by the holder of the chemigation user's permit for a period of not less than two years from the date of application.
Each application for renewal of a chemigation user's permit must be accompanied by a copy of the records for chemigation use during the previous year as described above.
A chemigation user's permit may not be issued to any person unless that person is a certified chemigation equipment operator, or has in his or her employ at least one certified chemigation equipment operator. If the chemigation user's permit is to be issued to an individual, that individual must be a certified chemigation equipment operator.
Chemigation is the process of applying pesticides, fertilizers or other chemicals, or animal waste through agricultural crop irrigation equipment connected to a well.
A chemigation user's permit is required for all individuals who engage in chemigation.
What are the qualifications needed for a permit?
Be 18 years old by January 1 of in the year the permit is issued.
Submit a completed application for a chemigation user's permit.
Submit a plan for using required antipollution devices.
Submit a plan for handling tailwater or accumulations of water.
Pay required fees: The application fee is $75* for the first well and $15 for each additional well or other point of diversion.
Pass a chemigation equipment operator certification exam administered by the KDA's Pesticide and Fertilizer program, or have one or more employees who are certified chemigation equipment operators. The chemigation equipment operator fee is $25 for five years.
Permits are issued only to persons who own or operate the land on which chemigation is to be used. Completing the application form
Follow the instructions printed on the back of the application.
Print or type the full name of the desired permit holder in the space provided. A permit may be issued to a corporation or partnership, as long as the application is accompanied by a list of the names and addresses of corporation's officers or partners.
List the legal description and water right file number for each irrigation well or other point of diversion in the spaces provided (not the location of the irrigation system).
Indicate the types of irrigation system(s) in the spaces provided.
Sign and date the application and return all four (4) copies.
Pay applicable fees. Make check or money order payable to the Kansas Department of Agriculture. Sending currency through the mail is discouraged. Permit effective period and permit renewal Each chemigation user's permit expires on December 31 of the calendar year for which it is issued. A chemigation user's permit may be renewed each year by filing an application, paying the appropriate fees and submitting a chemical application report for the previous year.