The public hearing originally scheduled for October 11, 2016, notice of which was published in the August 4, 2016, issue of the Kansas Register, has been cancelled.
K.A.R. 5-21-3 – The proposed amendments to the regulation will modify the well spacing in the Dakota aquifer in the Western Kansas Groundwater Management District No. 1 (GMD 1) from one half of a mile to four (4) miles. This regulation was requested by GMD 1, and will be filed for adoption by the Chief Engineer of the Division of Water Resources.
Economic Impact Statement:
The proposed amendment will limit well spacing to ensure the spacing is appropriate so Dakota wells do not impact one another. The four (4) mile spacing will help ensure impairment from a junior Dakota well does not occur. Spacing alone cannot guarantee impairment will not occur, but a four (4) mile spacing requirement will go a long way toward helping to prevent impairment.
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 GMD 1. The amendment will have a positive fiscal impact to existing water right holders in the areas of concern resulting from the additional protection against impairment by new development.
No other methods were considered by the state.
Improved groundwater resource conditions, both quality and quantity, could be achieved through the adoption of this regulation change.
K.A.R. 5-3-6a – The proposed amendment to K.A.R. 5-3-6a clarifies the agency’s authority to seal a water flowmeter to ensure the meter installation is not removed or altered without the agency’s permission. The Kansas Department of Agriculture, Division of Water Resources (KDA) and the Groundwater Management Districts test meters to determine if they are performing properly and, after testing, the agency or the district will seal the meters to ensure the integrity of the test. To enforce compliance with water use permits, it is crucial to know if and when a tested meter is removed or altered. Accurate meters are critical to ensuring the integrity of water use records statewide.
Economic Impact Statement:
The regulation will apply to new and existing meter installations. It is important to have the ability to seal meters to maintain the integrity of water use data. Sealing water flowmeter installations will discourage water users from diverting without meters, turning meters in reverse or removing meters to tamper with the readings. Currently, the water users are required to contact KDA when a meter is removed. Many users do not because it is easily overlooked. The seal will remind users to contact us in addition to maintaining the water use record.
This regulation is not mandated by federal law.
The proposed amendment will result in a positive fiscal impact to the agency, as it will allow the agency to extend field staff work by saving time in inspecting meter installations, as meters previously tested and sealed can be considered still accurate. The agency will not have to re-test or re-inspect meter installations once the meters are tested and sealed.
The proposed amendments will result in a positive fiscal impact to the groundwater management districts for the same reasons stated above for the agency. There will be 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 removing the seal without permission.
No other methods were considered by the state.
The proposed amendment will have no environmental impact.
Department of Agriculture K.A.R. 5-21-3 and 5-3-6a