Kan. Admin. Regs. § 5-8-3 - Perfection; multiple water rights
(a) The total
maximum annual quantity of water that can be perfected by all water rights
authorized to divert water to the same authorized place of use, shall be
limited to the maximum quantity of water actually physically and legally
diverted and applied to beneficial use on the common authorized place of use
during any one calendar year during the perfection period for the water right
being certified.
(b) The junior
water right shall be limited by means of a limitation clause in the certificate
so that the authorized annual quantity of water for the junior water right,
when combined with all senior water rights authorized to apply water to
beneficial use on the common authorized place of use, does not exceed either of
the following standards:
(1) The annual
quantity of water reasonable for the type of beneficial use made of the water;
and
(2) the total annual quantity
of water legally diverted by all water rights to the common authorized place of
use during any one calendar year during the perfection period of the junior
water right.
(c) The
limitation clause on the junior water right being certified shall not restrict
the total annual quantity authorized to be diverted to the authorized place of
use to less than the total annual quantity of water authorized by the senior
water right or water rights for beneficial use on the common authorized place
of use.
(d) The owner whose water
right is being certified shall be sent a draft certificate showing the maximum
rate of diversion and maximum annual quantity of water that are being proposed
for the certificate. The water right owner shall be given a reasonable time
period of no fewer than 30 days to comment on the draft certificate and to
provide any additional information concerning the water diverted and applied to
beneficial use on the authorized place of use during the perfection period in
accordance with the terms, conditions, and limitations of the approval of
application, and all other water rights and approvals of applications
authorized to divert water to the common authorized place of use.
(e) In certifying a water right with a
priority date before the effective date of this regulation, the provisions of
subsection (a) shall be followed to the extent possible. If sufficient
information is not available to make the determination described in subsection
(a), the best information available shall be utilized by the chief engineer to
determine the quantity of water applied to the authorized place of use during
any one calendar year during the perfection period under the authority of the
approval of application being certified and all other water rights. The
standard set forth in paragraph (b)(1) shall be applied, even if sufficient
information is not available to make the determination described in subsection
(a).
Notes
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