Steps to developing a water right following the issuance of the “permit”:
Notice and Proof of Completion: One of the conditions on the “permit” states that the completion of the diversion works (devices necessary to bring water under control such as a well, pumpsite, etc.) must be finished within the timeframe prescribed on the permit and notice of such completion subsequently submitted to the Chief Engineer (KSA 82a-714). If this cannot be accomplished within the deadline established on the permit, steps should be taken to get that timeframe extended (but you must request this extension before the date set forth on the permit elapses or else the permit will be revoked).
Perfection Period: Another key date on the “permit” is the perfection period. A water right is established by actually applying water within the terms and conditions of the permit (i.e. rate, quantity, place of use, point of diversion, etc.). The perfection period shown on the permit gives a window of opportunity to develop the water right. If it has not been possible to fully establish the water right within that timeframe, again an extension to extend this period may be granted but only if you make a request to do so before the original timeframe elapses.
Record Keeping: Annual Water Use Reports are required by law to be submitted each year by all water right holders except domestic users. Generally, DWR sends a water use card or form out for each water right near the first of each calendar year. This form must be accurate, complete and returned to DWR by March 1. Civil penalties of up to $250 per water right file number may be levied if this is not done.
Inspection/Certification: The Division of Water Resources will inspect your diversion works in operation to determine the maximum rate (g.p.m.) you operate at and to insure you are operating in compliance with your “permit”. This is called a field inspection and this information, along with your annual water use reports, will be evaluated by DWR to determine the extent to which the water right was developed during any one calendar year througout the perfection period. Then, a draft CERTIFICATE OF APPROPRIATION FOR BENEFICIAL USE OF WATER will be issued and the owners will be given 30 days to review the document for accuracy and content. If any of the owners disagree with the draft, it is imperative that DWR be notified, preferably in writing, before the 30-day period expires to stop the process and allow dialog between the owners and DWR to clear up any disagreements over what the certificate should say. If no response is received within the 30-day draft period, the original certificate will then be issued and the owner should record the original version at the Register of Deeds office in the county the point of diversion is located within. This document sets forth the extent of the water right established under its given priority. Any enhancements to the rate or quantity established would have to be done under another water right.
Making Changes: Attempts to make changes in the place of use, point of diversion and the use made of water may be made for any water right. Rigid standards must be complied with to receive approval of such changes. These standards are set by statute but detailed in Rules and Regulations promulgated by the Chief Engineer. No change of a water right shall be approved if it will result in a substantial increase in the consumptive use historically achieved for the right.
Maintain the right to use water: A water right can be declared abandoned if it is not lawfully exercised for a period of 5 consecutive years, without due and sufficient cause for non-use (KSA 82a-718). Before any water right can be declared abandoned and terminated the Chief Engineer shall conduct a hearing thereon. A partial listing of reasons for due and sufficient cause are listed in rules and regulations adopted by the Chief Engineer (KAR 5-7-1).