1. (a) Each dam that the chief engineer has authority to regulate pursuant to K.S.A. 82a-301 et seq., and amendments thereto, with an effective height of less than 25 feet and an effective storage of less than 50 acre-feet shall be considered to be a class size 1 dam. The class size of all other dams shall be determined from the following table:

   Class size	Size factor
   2	less than 3,000
   3	3,000 through 30,000
   4	more than 30,000

2. (b) Each existing permitted dam and each dam for which an application was submitted before the effective date of this regulation shall continue to have the effective height measured from the flow line of the stream at the centerline of the dam.

(Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-303a and 82a-303b; effective May 18, 2007.)