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Kansas Department of Agriculture, Division of Water Resources - K.A.R. 5-5-9, 5-5-10, 5-5-16, and 5-14-11

Category:
  • Active Regulations
Date Added: 5/19/2017
Public Hearing Date and Time: 10:00 a.m. Tuesday, July 25, 2017
Public Hearing Location: Room 124 of the Kansas Department of Agriculture, 1320 Research Park Dr., Manhattan, Kansas

Summary of Proposed Regulations:

K.A.R. 5-5-9 and K.A.R. 5-5-10
- The proposed amendments to the regulations will modify how the consumptive use of a water right will be calculated when converting an irrigation water right to a different beneficial use made of water.

Economic Impact Statement:

Under current regulations the consumptive use calculation is based on perfected acres by water right. Determining the perfected acres requires a water right owner to contact the Kansas Department of Agriculture’s Division of Water Resources or a Groundwater Management District for that number. The proposed amendments will create a more transparent process by adopting a map that contains a conversion factor by county. The conversion factor will allow an owner or a potential new user to calculate the consumptive use of a water right without having to contact an agency for the perfected areas. This will be a conversion from the current authorized quantity. The conversion factor will be easily attained by referring to the map adopted by the regulation.

This regulation is not mandated by federal law.

The proposed amendment will result in no fiscal impact to the department.

The proposed amendments will result in no fiscal impact to other government agencies. The amendment will have a positive fiscal impact to someone wanting to change an existing irrigation water right to another beneficial use by understanding the conversion factor in the beginning of the process.

No other methods were considered by the state.

K.A.R. 5-5-16 - The proposed amendments to the regulation will modify how the consumptive use of a water right will be calculated when converting an irrigation water right to a different beneficial use made of water and adding an additional well to a water right.

Economic Impact Statement:

To ensure we have a consistent method in our current regulations (K.A.R. 5-5-9 and K.A.R 5-5-10) when we are converting water rights from irrigation to another beneficial use of water and adding an additional well for the new beneficial use. This regulation is not mandated by federal law.

The proposed amendment will result no fiscal impact to the department.

The proposed amendments will result in no fiscal impact to other government agencies. The amendment should have no fiscal impact to the regulated community.

No other methods were considered by the state.

K.A.R. 5-14-11 - The proposed amendments to the regulation will modify how the civil penalty on a delinquent water use report will be applied based on when the water use report and civil penalty is received by the department.

Economic Impact Statement:

To ensure we have a consistent method in our current regulations applying the delinquent water use civil penalty so the water user has a very clear and transparent regulation to understand how the penalty is applied. This regulation is not mandated by federal law.

The proposed amendment will result in a positive fiscal impact to the department for a short amount of time. Currently the penalty is $50 per water right when the report is filed between March 1 and June 1. After June 1, the penalty is $250. The statute authorizing this regulation was changed to increase the penalty to $1000 and a suspension of use until the report is filed. We have approximately 25 files in the $1000 category. We could potentially see $9,000 if half of these files comply. Half will close the rights, so we will not see an impact from the closed files. We have approximately 250 files in the $50 category. Therefore, based on the difference of $50 increasing to $250, we could see a $50,000 increase in first year. We will not sustain this level because the higher penalty will gain compliance.  The number of delinquent reports will decrease.

The proposed amendments will result in no fiscal impact to other government agencies. The amendment will have fiscal impact, as described above, to the regulated community if they fail to file their reports. If the reports are filed prior to March 1, there is no penalty or cost.

No other methods were considered by the state.

Department of Agriculture Division of Water Resources K.A.R. 5-5-9, 5-5-10, 5-5-16, and 5-14-11

Any individual with a disability may request the regulations and supporting documents in an accessible format. Requests for accommodations should be made at least five working days in advance of the CRRB meeting by contacting (785) 271-3200 or crrb@ks.gov.