82a-743. Limited transfer permits; term; fee; base water right; rules and regulations.

287 words·~1 min read·/ks/82a-743

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Subject to existing water rights and the principle of beneficial use, the chief engineer may grant, upon application made therefor, limited transfer permits to authorize the use of up to 4,000,000 gallons from an existing water right. The term of such limited transfer permit will be limited to a single calendar year. Each application submitted for a limited transfer permit shall be on a form prescribed by the chief engineer and accompanied by an application fee of $200.

(1)If the base water right is groundwater, the use of water can be transferred to another well within the same source of supply within two miles.

(2)If the base water right is surface water, the use can be transferred to another surface water use within the same surface water system.

(c)The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section. Such rules and regulations shall require that there is no increase in consumptive use enabled by the transfer permit, prescribe necessary recordkeeping and reporting requirements, prevent impairment of existing rights and address any other matter deemed necessary by the chief engineer to protect the public interest.

(d)Nothing in this section shall be deemed to vest in the holder of any permit granted pursuant to provisions of this section any permanent right to appropriate water except as is provided by such permit.

(e)All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731 , and amendments thereto.

(f)This section shall be part of and supplemental to the Kansas water appropriation act.