Post on 28-Mar-2015
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 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.
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.
Multi-Year Flex Accounts Calculating Five-Year Allocation:
OPTION 1: Average Water Use Method
Multiply the average reported water use for the years 2000 through 2009 by 5.
(2000-2009 water use) x 5 = MYFA allocation
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.
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
Multi-Year Flex Accounts Calculating Five-Year Allocation:
OPTION 2: Net Irrigation Requirement (NIR) Method
50% chance rain NIR for GMD5 Counties:
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.
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.
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
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.
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.
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.
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.
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 owners of the water right
must sign the MYFA application.
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.
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.
Drought Term PermitsNon-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.
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