Kan. Admin. Regs. § 5-8-6 - Perfection of a water right
(a) Except for
municipal use, a reasonable period of time to perfect a water right shall be no
fewer than four full calendar years following the deadline for construction of
the diversion works. If the time to construct the diversion works is extended,
the perfection period shall be extended to no fewer than four full calendar
years beyond the final deadline to construct the diversion works, unless the
owner of the approval of application objects.
(b) A reasonable time to perfect a water
right for municipal use shall be no fewer than 20 full calendar years plus the
remainder of the calendar year in which the application was approved. Each
holder of a permit for municipal use of water shall submit a progress report to
the chief engineer 10 full calendar years after the permit was issued. The
report shall be submitted on a form prescribed by the chief engineer. The
report shall meet the following conditions:
(1) Compare the annual water use projected in
the original application with the actual annual water use for the prior 10
years; and
(2) document compliance
with an approved conservation plan, if one had been required. If the 10-year
review by the chief engineer shows that actual annual water use is
significantly less than originally projected, the holder shall revise the
estimated annual water use for the next 10 years. If it is in the public
interest, the total authorized annual quantity of water for the next 10 years
shall be reduced by the chief engineer to a reasonable annual quantity based on
the municipal user's revised estimates of annual water use for the next 10
years. If the 10-year review indicates that a required conservation plan was
not being complied with or that the conservation plan does not meet the Kansas
water office's conservation guidelines for municipal users, as in effect at the
time of the review, an order requiring any of the following shall be issued by
the chief engineer:
(A) That the conservation
plan be amended to comply with current guidelines;
(B) that the user comply with the provisions
of the approved conservation plan; or
(C) both of the requirements in paragraphs
(b) (2) (A) and (B).
(c) If the applicant demonstrates to the
chief engineer that a longer perfection period is necessary to justify purchase
or construction of infrastructure related to the diversion, treatment, or
distribution of water that actually is being built, the original time to
perfect a water right for municipal use or other public entity, including a
utility, may be extended for a period not to exceed a total time to perfect of
40 years.
(d) For good cause shown
by the applicant, a reasonable extension of time to perfect a water right shall
be allowed by the chief engineer if the request for extension is filed pursuant
to the terms of K.A.R. 5-3-7 and is accompanied by the statutorily required
filing fee.
(e) If water use
reports and other information on file in the office of the chief engineer
indicate that no water was applied to the authorized beneficial use during the
time allowed to perfect the water right, including any authorized extensions of
time, the owner of the approval of application as shown in the records of the
chief engineer shall be sent a notice by the chief engineer, giving the owner
30 days to show that water was put to beneficial use within the terms,
conditions, and limitations of the permit during the perfection period. If the
owner fails to demonstrate that water was so used, the permit shall be
dismissed and its priority forfeited.
Notes
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