1. (a) Each applicant that applies for a permit to construct a dam, modify a dam in a manner that will raise the top of the dam, or modify the dam in any other way that will increase the backwater effect of the dam or the flow of water from the dam to the receiving stream shall demonstrate either of the following to the chief engineer:

   1. (1) The applicant owns the site of the dam and appurtenant works, the land that will be inundated, and the land over which discharge from the dam's spillways will flow.

   2. (2) The applicant has easements or other legal authority to perform the following for the design life of the dam:

      1. (A) Construct and maintain the dam;
      2. (B) inundate all of the land upstream from the dam to the top of the dam elevation; and
      3. (C) discharge water from the spillways to a stream channel and the associated floodplain adequate to convey the discharge from the design storm.
2. (b) For permitted dams for which a modification is proposed, an easement or other legal authority shall be required only for the effects caused by the modification.

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