Kan. Admin. Regs. § 82-3-135b - Protesters
Each protest against the granting of an application for an order or permit filed pursuant to K.A.R. 82-3-135a shall be considered under the following conditions and requirements:
(a) A protest may be filed by any person
having a valid interest in the application. Each protest shall be submitted in
writing and shall provide the name and address of the protester and the title
and docket number of the proceeding. The protest shall include a clear and
concise statement of the direct and substantial interest of the protester in
the proceeding, including specific allegations as to the manner in which the
grant of the application will cause waste, violate correlative rights, or
pollute the water resources of the state of Kansas.
(b) If the protester opposes only a portion
of the proposed application, the protester shall state with specificity the
objectionable portion.
(c)
(1) The protest shall be filed with the
conservation division according to the following deadlines:
(A) For each protest of production matters,
within 15 days after publication of the notice of the application required in
K.A.R. 82-3-135a; and
(B) for each
protest of environmental matters, within 30 days after publication of the
notice of the application required in K.A.R. 82-3-135a.
(2) Failure to file a timely protest shall
preclude the interested person from appearing as a protester.
(d) Each protester shall serve the
protest upon the applicant at the same time or before the protester files the
protest with the conservation division. The protest shall not be served on the
applicant by the conservation division.
(e) To secure consideration of a protest, the
protester shall offer evidence or a statement or participate in the hearing.
Notes
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