Each term permit approved by the chief engineer pursuant to K.S.A. 82a-736, and amendments thereto, shall include the condition that if the term permit can no longer be exercised because of an order issued by the chief engineer, including an intensive groundwater use control area order, a minimum desirable streamflow order, or an order to administer water rights to prevent impairment, then any base water right may be exercised to the extent that all of the following conditions are met: (a) The base water right is in priority, including priority with respect to any established minimum desirable streamflow.

1. (b) The annual quantity of water authorized by the base water right has not been diverted during that calendar year.
2. (c) The five-year quantity authorized by the term permit has not been completely used.
3. (d) The use of water under the base water right does not impair water rights senior to the base water right.

(Authorized by K.S.A. 82a-706a; implementing K.S.A. 2012 Supp. 82a-736; effective Oct. 11, 2002; amended June 21, 2013.)