To determine the height of a dam or barrier pursuant to K.S.A. 82a-301(b) and amendments thereto, that measurement shall be made as follows: (a) The height of a dam or barrier that extends across the natural bed of a stream or watercourse shall be the vertical distance measured from the bed of the stream or watercourse at the downstream toe of the dam or barrier to the lowest elevation on the top of the dam or barrier, excluding any open-channel spillway and any anomalous low points.

1. (b) The height of a dam or barrier that does not extend across the natural bed of a stream or watercourse shall be the vertical distance measured from the lowest elevation of the outside limit of the dam or barrier to the lowest elevation on the top of the dam or barrier, excluding any open-channel spillway and any anomalous low points.
2. (c) The height of a proposed barrier or dam shall be measured from the planned top of the dam, excluding any allowance for settlement.

(Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-301 and 82a-303a; effective May 18, 2007.)