In any area of the state which is subject to safe yield criteria, and outside a groundwater management district or an intensive groundwater use control area closed to new non-domestic, non-temporary uses, each application to appropriate groundwater for a beneficial use shall be exempt from meeting the safe yield criteria if the chief engineer finds that:

1. (a) the proposed use has occurred continuously since prior to the effective date of this regulation;
2. (b) the proposed use could have reasonably been classified by the division of water resources as a domestic use at the time the use began; and
3. (c) all other requirements in effect for the approval of a new application to appropriate water at that location have been met.

(Authorized by K.S.A. 82a-706a; implementing K.S.A. 1993 Supp. 82a-711; effective Nov. 28, 1994.)