1. (a) Except as specified in subsection (c), each new or modified primary spillway permitted on or after the effective date of this regulation shall be equipped with an acceptable trash rack, as specified in subsection (b).

2. (b) "Acceptable trash rack" shall mean a trash rack designed and constructed to prevent debris from clogging the inlet of the primary spillway or the primary spillway conduit. Each acceptable trash rack shall be constructed of material of sufficient strength to withstand the impact of the material that could strike the inlet.

   1. (cv) (1) Each primary spillway in a dam permitted before the effective date of this regulation shall be equipped with the acceptable trash rack required by the permit and approval of design. If no trash rack was required by the permit and approval of design, no trash rack shall be required unless the primary spillway fails to function properly.

      1. (2) If the applicant demonstrates that there is not sufficient woody vegetation or other debris in the drainage area to justify the installation of an acceptable trash rack, the requirement to have an acceptable trash rack may be waived.
3. (d) If a fish screen is installed, the screen shall not impair the functioning of the primary spillway. If a fish screen is proposed, the design report shall demonstrate that the screen is designed in accordance with the standards of subsection (b) and will not impair the functioning of the primary spillway.

(Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-302 and 82a-303a; effective May 18, 2007.)