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Multi-Year Flex Accounts

Multi-Year Flex Accounts. THE BASICS Voluntary Program. Not all water rights will qualify. Must be a certified or vested water right. Establishes a Five-Year Allocation quantity. 5-Year Term Permit temporarily replaces existing water right. $400 filing fee. Multi-Year Flex Accounts.

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Multi-Year Flex Accounts

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  1. Multi-Year Flex Accounts THE BASICS • Voluntary Program. • Not all water rights will qualify. • Must be a certified or vested water right. • Establishes a Five-Year Allocation quantity. • 5-Year Term Permit temporarily replaces existing water right. • $400 filing fee.

  2. Multi-Year Flex Accounts THE BASICS • Allows authorized annual quantity to be exceeded, provided the 5-year allocation is not exceeded. • Severe penalties for exceeding the 5-year allocation quantity or water meter tampering. • State-wide program, available in an IGUCA, provided approval would not be inconsistent with the IGUCA provisions. • Available to all non-domestic groundwater water users – not just irrigation.

  3. Multi-Year Flex Accounts THE BASICS • Allows for same year sign up – deadline is October 1 of the proposed first year of the MYFA Term Permit. • Existing water right suspended during the 5-year term. • Term Permit has junior status. • In the case of impairment or administration by DWR, the existing water right’s annual quantity seniority is protected. • At the end of the 5-year term, if another MYFA application is not filed, then return to existing water right.

  4. Multi-Year Flex Accounts Calculating Five-Year Allocation: OPTION 1: Average Water Use Method • Multiply the average reported water usefor the years 2000 through 2009 by 5. • (2000-2009 water use) x 5 = MYFA allocation

  5. Multi-Year Flex Accounts Calculating Five-Year Allocation: OPTION 1: Average Water Use Method • If authorized annual quantity exceeded in any year from 2000-2009, the annual authorized quantity is used for that year in the calculation. • If significant water conservation measures were implemented during the period from 2000-2009, the 5 year period prior to implementation may be considered.

  6. Multi-Year Flex Accounts Calculating Five-Year Allocation: OPTION 2: Net Irrigation Requirement (NIR) Method • Multiply the maximum reported LEGALLY irrigated acres during 2000-2009, times 110% of the NIR for 50% chance rainfall, times 5. • (Irr Acres) x NIR x 1.10 x 5 = MYFA allocation ** ** Total can not exceed the authorized quantity times 5

  7. Multi-Year Flex Accounts Calculating Five-Year Allocation: OPTION 2: Net Irrigation Requirement (NIR) Method • 50% chance rain NIR for GMD5 Counties: • Barton 1.00’ (12.0”) • Edwards 1.08’ (13.0”) • Kiowa 1.10’ (13.2”) • Pawnee 1.06’ (12.7”) • Pratt 1.05’ (12.6”) • Reno 0.95’ (11.4”) • Rice 0.96’ (11.5”) • Stafford 1.03’ (12.3”)

  8. Multi-Year Flex Accounts Example: Option 1 (Average Water Use) • Water Right No. ABCDE • Authorized 195 AF in Reno Co. • Average reported use for 2000-2009 is 123.5 AF. • 123.5 AF x 5 = 617.5 AF • The authorized annual quantity (195 AF) can be exceeded in any year during the 5-year period. • The total 617.5 AF cannot be exceeded.

  9. Multi-Year Flex Accounts Example: Option 2 (Net Irrigation Requirement) • Water Right No. ABCDE • Authorized 195 AF in Reno Co. • Maximum reported acres for 2000-2009 is 130 acres. • NIR for Reno Co. = 0.95 ft • 130acres x 0.95ft x 110% x 5 = 679 AF • The authorized annual quantity (195 AF) can be exceeded in any year during the 5-year period. • The total 679 AF cannot be exceeded.

  10. Multi-Year Flex Accounts Example: Option 2 (Net Irrigation Requirement) • Barton County – 715 AF 130 Acres x 1.00 feet x 1.10 x 5 = 715 AF • Stafford County – 736.5 AF 130 Acres x 1.03 feet x 1.10 x 5 = 736.5 AF • Reno County – 679 AF 130 Acres x 0.95 feet x 1.10 x 5 = 679 AF • Edwards County – 772.2 AF 130 Acres x 1.08 feet x 1.10 x 5 = 772.2 AF

  11. Multi-Year Flex Accounts Special Conditions – Drought Term (DT) Permit • MYFA 5-Year Allocation is NOT reduced by 2011 overuse. • MUST convert to MYFA PRIOR to exceeding DT Permit and before October 1, 2012. • If DT Permit is not converted to MYFA, then the DT Permit conditions still in effect for 2012.

  12. Multi-Year Flex Accounts Special Conditions – No Drought Term (DT) Permit • MYFA 5-Year Allocation is NOT reduced by 2011 overuse. • The base water right may be subject to violation for overuse in 2011.

  13. Multi-Year Flex Accounts Additional Requirements & Conditions – Meters • A functional water flowmeter, meeting current specifications or certified by approved meter test, must be installed. • Water meter must be maintained • Report any problems with the water flowmeter immediately • Repair or replace water meter within 15 days of malfunction. • A replacement meter must be equipped with anti-reverse flow mechanism. • The water flowmeter will be sealed to the pipe by DWR or GMD to prevent removal or tampering. • Monthly water meter AND hour meter readings highly recommended.

  14. Multi-Year Flex Accounts Additional Requirements & Conditions – Enrollment • Entire water right must be placed in the MYFA, unless the water right is divided before applying for a MYFA. • A separate MYFA is required for each point of diversion authorized by the base water right. • Place of use cannot be changed during the MYFA term. • Point of diversion (well) can be moved, subject to a change application filed on the base water right being approved by DWR.

  15. Multi-Year Flex Accounts Additional Requirements & Conditions – Deadlines • MYFA application deadlines are set by statute and cannot be waived. • Complete, signed applications must be received by DWR by the October 1…NO exceptions. • All ownersof the water right must sign the MYFA application.

  16. Multi-Year Flex Accounts Non-Compliance Penalties – Overpumping 5-year MYFA • Cannot pump the remainder of the MYFA term. • $500 per day fine and 2 times over-pumped water quantity reduction on base water right (or next MYFA), enforced after the MYFA term expires.

  17. Multi-Year Flex Accounts Non-Compliance Penalties – Water Flowmeter Tampering • Cannot pump the remainder of the MYFA term. • 2 year suspension of the base water right after the MYFA term expires. • Potentially a 7 year water right suspension. • $1000 civil penalty.

  18. Drought Term Permits Non-Compliance Penalties – Overpumping the DT Permit • Each Drought Term Permit is bound by the terms and conditions stated at the time of approval. (Paragraph 13 on Supplemental sheet and Agreement for the Application for Emergency Drought Term Permit) • K.S.A. 82a-737 – Civil enforcement of act. • K.A.R. 5-14-10 – Civil penalties; suspension or modification of water rights. • The base water right will be assessed: • Civil penalty of $500 and reduction in water in 2013.

  19. Questions? • Make an appointment for assistance: • Big Bend GMD #5 (620) 234-5352 • DWR-Stafford Field Office (620) 234-5311 • More information available at: • www.gmd5.org/MYFA.htm • http://www.ksda.gov/appropriation/?cid=29

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