Kan. Admin. Regs. § 98-1-1 - Definitions
The following definitions shall apply to all regulations of the Kansas water office:
(a) "Assignment"
means either of the following:
(1) The
transfer of any right under a water purchase contract to a third person;
or
(2) the transfer to a third
person of any of the duties and obligations owed by a water contract holder to
the state.
(b)
"Authority" means Kansas water authority.
(c) "Conservation storage water supply
capacity" means the space in a reservoir that meets the following requirements:
(1) Has been purchased, contracted for
purchase, or otherwise acquired by the state; and
(2) has been designated for the storage of
water for any beneficial purpose or for sediment accumulation purposes in
proportion to the amount of storage purchased, contracted for purchase, or
otherwise acquired by the state.
(d) "Cooperating landowner" means a person
requesting that the office issue an easement along a navigable river for
purposes authorized in K.S.A. 2012 Supp.
82a-220, and amendments
thereto.
(e) "Days" has the meaning
specified in
K.S.A.
60-206(a), and amendments
thereto.
(f) "Designated
representative" means any person designated to perform on another's
behalf.
(g) "Director" means
director of the Kansas water office or the director's designee.
(h) "Discharge" means the volume of water per
unit of time passing a specific cross section of a river.
(i) "Drought having a two percent chance of
occurrence in any one year" means a drought having a statistical chance of
occurring once every 50 years, on the average, using all available statistics
and information.
(j) "Industrial
use" means any use of water primarily for the production of goods, food, or
fiber or for providing utility services. This term shall include any incidental
uses.
(k) "Irrigation use" means
the use of water for growing agricultural crops, watering gardens, orchards,
and lawns exceeding two acres in area and for watering golf courses, parks,
cemeteries, athletic fields, racetrack grounds, and similar
facilities.
(l) "Municipal use"
means the use of water that meets the following conditions:
(1) Is obtained from a common water supply
source by a municipality, rural water district, other water supply district, or
group of householders;
(2) is
delivered through a common distribution system; and
(3) is for domestic, commercial, trade,
industrial, and any other related incidental uses for any beneficial
purposes.
(m) "Natural
flow" means that portion of the flow in a natural stream that consists of
precipitation on the stream and reservoir water surface, direct runoff from
precipitation on the land surface, groundwater infiltration to the stream, and
return flows to the natural stream from municipal uses, agricultural uses, or
other uses, unless otherwise defined in an operations agreement.
(n) "Office" means Kansas water
office.
(o) "Operations agreement"
means a document agreed to by the director and either a water assurance
district or water supply access district, describing the terms by which the
coordinated system of reservoir operations is to be managed.
(p) "Participant" means a person seeking an
easement on state property along a navigable river in the state for a
conservation project, as defined in K.S.A. 2012 Supp.
82a-220 and amendments
thereto.
(q) "Person" means any
natural person, private corporation, government unit, municipality, or public
corporation.
(r) "Program agency"
means any state, federal, or local agency that provides oversight, services,
funding, or other support for a project or group of projects for which a
landowner seeks an easement on state property along a navigable river, pursuant
to K.S.A. 2012 Supp.
82a-220 and amendments
thereto.
(s) "Recreational use"
means the use of water for activities including fishing, swimming, boating, and
hunting or for entertainment, enjoyment, relaxation, and fish and wildlife
benefits.
(t) "Reservoir" means a
lake or other impoundment in which water is stored.
(u) "Reservoir yield" means the quantity of
water that can be withdrawn from the conservation storage water supply capacity
of a reservoir during a drought having a two percent chance of occurrence in
any one year, as determined through the procedure specified in
K.A.R.
98-5-9 .
(v) "Target flow" means the discharge at
specific points along a river designated within an operations
agreement.
(w) "Water supply access
contract" and "water assurance contract" mean a contract to provide for the
development of a coordinated system of reservoir operations designed to
supplement natural flows, in order to meet demands of eligible water right
holders during low-flow periods, by release of water supply from state-owned or
state-controlled conservation storage water supply capacity of the major
reservoirs in the designated basin.
(x) "Water assurance district" means an
organization of eligible water right holders established under
K.S.A.
82a-1330 et seq., and amendments
thereto.
(y) "Water purchase
contract" means a contract for the sale of water from the conservation storage
water supply capacity of a reservoir made pursuant to the state water plan
storage act,
K.S.A.
82a-1301 et seq. and amendments
thereto.
(z) "Water reservation
right" means the state's right to divert and store waters of all streams
flowing into the conservation storage water supply capacity of a reservoir. The
water reservation right shall be sufficient to ensure the yield of water
throughout a drought having a two percent chance of occurrence in any one
year.
(aa) "Water supply access
district" means an organization of eligible water right holders established
under K.S.A. 2012 Supp.
82a-2309, and amendments
thereto.
(bb) "Year" means a
12-month period beginning with a specified month and day.
(cc) "Yield" means the quantity of water that
can be withdrawn from storage in a reservoir for a given period of
time.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.