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As the beginning of the irrigation season rapidly approaches, operators are faced with the dilemma of determining which crops to plant on which acres and also matching the water needs of those crops to the production of their irrigation wells. There is also the uncertainty of whether or not Mother Nature will provide any assistance in the form of rain. When it comes to the water needs of a crop, your first step should be to make sure you know what your authorized quantity is and verify that all of the acres are authorized to be watered. If you have been following our articles, you will already know how that our office is more than happy to make sure you have a full understanding of your water rights. Once you have the knowledge of your water right, it is also important that you know what the consequences can be if you exceed your authorized quantity.
The Kansas Department of Ag., Division of Water Resources, with the backing of the GMD3 board, has increased the enforcement of water users that overpump their water rights. There is a progression process for the penalties of overpumping, which are as follows:
1st offense: DWR will send out a notice of noncompliance, stating that your authorized quantity was exceeded. This notice is permanently in the action trail for the water right.
2nd offense: You can be fined $500 and your water right will be reduced the following season the same amount you overpumped. For example, say you exceeded your authorized quantity by 25 acre feet this year. This would lead to your water right being reduced by 25 acre feet going into next year.
3rd offense: You can be fined $500 a day for each day you overpumped and a reduction of twice the amount you overpumped the next season. Using the same example as previously mentioned and you are capable of pumping 5 acre foot per day (roughly 1100gpm), you would be fined 5 days X $500 for a total of $2500, PLUS your water right would be reduced 50 acre feet next year.
4th offense: Could result in a one year suspension of the water right, which means you will not be able to use that authorization at all for a year.
5th offense: The water right could be revoked.
With the chance of a suspension of a portion or your entire water right, it is critical that you are aware of the consequences of exceeding your authorized quantity. It also means that you have to make sure you regularly monitor and maintain your installed flowmeter. For additional help or information, visit our web site or call our office anytime you have questions or concerns.
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