If more than one operator proposes to operate within a given reach of a private stream, then all conflicting applicants shall be required to submit proof of easements or other legal authority to operate. If more than one operator proposes to operate within a given reach of a navigable stream, the chief engineer shall determine which operators shall be permitted, based on the following criteria: (a) The capability of the applicant's equipment to operate within the desired area;

1. (b) the applicant's need for the material;
2. (c) the applicant's existing operation, if any;
3. (d) the anticipated date the applicant will begin operation;
4. (e) the applicant's history of operation;
5. (f) the anticipated plant completion date;
6. (g) proof of the applicant's easements and right-of-ways necessary to operate;
7. (h) date of application; and
8. (i) any other relevant factor.

(Authorized by K.S.A. 82a-303a; implementing K.S.A 82a-302; effective May 1, 1987.)