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