Lease Program

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The Association may lease water deposited into the bank in exchange for a fee.

• Only the portion of water available after all conservation and other limitations may be leased. 
• No more than 90% of deposited water may be leased in a single calendar year. 
•  Leased water may be extended for multiple years, as long as the total leased amount does not exceed the approved term permit. 
• For each lease, the Association will certify to the Chief Engineer that sufficient deposits exist within the hydrologic unit where the water will be used. 
• The proposed use of the water is not a factor in lease approval, in accordance with K.S.A. 82a-763(b)(5), as amended.
• Leases are subject to terms and conditions established by the Chief Engineer under applicable rules and regulations. 
• The lessee must complete a lease application using the form provided by the Association and approved by the Chief Engineer.

Lease applications must be filed with the Association and include the following information:

• Hydrologic unit designation of the leased water 
• Calendar years for which the water is proposed to be leased 
• Number of acre-feet proposed for lease and the purpose of use 
• Location of use, including: 
  • Point of diversion 
  • Place of use 
  • Acres (if for irrigation) 
  • Current authorized rate (for existing wells) or proposed rate (for new wells) 
• Current water level measurement 
• Aquifer unit (source of supply) 
• File numbers of all other water rights authorizing use from the point of diversion
   

Each approved contract will include penalty provisions for breach of contract conditions.

To ensure conservation, any application to use leased water for a different purpose than the original deposited use must comply with K.A.R. 5-5-9 and 5-5-10.