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Kansas Department of Agriculture K.A.R. 5-14-10 and 5-14-12

  • Active Regulations
Date Added: 3/16/2017
Public Hearing Date and Time: 10:00 a.m. Monday, May 22, 2017
Public Hearing Location: Room 124 of the Kansas Department of Agriculture, 1320 Research Park Dr., Manhattan, Kansas

            K.A.R. 5-14-10 - The proposed amendment sets forth a clear implementation of the civil penalties and suspensions applied for violations of the Kansas Water Appropriation Act.  The amendment also deletes provisions related to overpumping violations, as these provisions have been moved into a separate regulation. 

            K.A.R. 5-14-12 – This new regulation sets forth a clear implementation of civil penalties and suspensions applied for exceeding the authorized quantity limitation on a permit or water right (i.e. overpumping violations).  This regulation also defines how long a permit must be operated in compliance with its terms and permits before any civil penalty is expired from the permit or water right file. Among other implications, the expiration of a penalty from the water right file will affect the severity of any subsequent civil penalties levied for noncompliance with water right terms and conditions.

Economic Impact Statement:

            The regulations will apply to existing and future water rights that are not in compliance with the Kansas Water Appropriation Act and applicable regulations.  Kansas water rights are based on allowable appropriation and safe yield.  Exceeding the authorized quantity, tampering with a meter, falsifying water use, and many other violations of statutes, regulations, and conditions of a water right, can adversely impact the water resource and could harm other Kansans’ property rights.  In addition, being out of compliance by using more than the authorized quantity of water or using water at a greater rate than a water user’s permit allows, could result in a water user gaining an unfair economic advantage over his or her neighbors who faithfully operate in compliance.  These regulations are intended to revise and clarify enforcement practices in order to prevent these problems.

            This regulation is not mandated by federal law.

            The proposed amendment and new regulations may result in a small positive fiscal impact to the department following implementation due to raised civil penalty amounts.  It is anticipated that water users will adjust their practices appropriately such that the division will see no long-term fiscal impact, just greater levels of compliance. 

            The proposed amendments and new regulation will result in no fiscal impact to other government agencies.  It may have a negative fiscal impact on private businesses and individuals if civil penalties are imposed for noncompliance.  The expiration of civil penalties for staying in compliance could have a very positive fiscal impact to private business and individuals by allowing the water right to be back in good standing.

            No other methods were considered by the state.

            Some improvements to groundwater resource conditions, both quality and quantity, could be achieved through the adoption of this regulation change as water right holders achieve greater compliance with the terms and conditions of their water rights. 

Kansas Department of Agriculture K.A.R. 5-14-10 and 5-14-12

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