Temporary and Term Permits

Temporary Permits

Temporary permits are permits issued for six (6) months or less, for oil and gas production and temporary dewatering projects. The maximum quantity of water which may be requested under a Temporary Permit Application is 4 million gallons (12.28 acre-feet). A greater quantity of water may be authorized for dewatering projects, depending on site specific needs. Extensions of time may only be considered in cases where the term was issued for less than six months, and may only be granted such that the total length of the permit is not greater than six (6) months. Any request for an extension of time, must be received prior to the original expiration date, as set forth on the permit.

Pertinent Regulations
  • K.A.R. Article 5-9 which includes:
    • K.A.R. 5-9-1 -- Application for Temporary Permit Acceptable for Filing
    • K.A.R. 5-9-2 -- Priority of Temporary Applications
    • K.A.R. 5-9-3 -- Quantity Allowed for Temporary Permits
    • K.A.R. 5-9-4 -- Place of Use Limitation
    • K.A.R. 5-9-5 -- Point of Diversion Limitation
    • K.A.R. 5-9-6 -- Approval of Application for Temporary Permit
    • K.A.R. 5-9-7 -- Extensions of Time for Temporary Permits
    • K.A.R. 5-9-8 -- Ownership
    • K.A.R. 5-9-11 -- Documentation of Access for Temporary Permits

Term Permits

Term permits to appropriate water are defined in K.A.R. 5-1-1 and are issued for a specified period of time for projects that do not qualify for authorization for use of water by a temporary permit. The Term Permit Application Form is generally submitted for projects with a period of use of greater than six (6) months, such as highway construction projects or contamination remediation projects. At the end of the time specified in the application, or within any authorized extension of time, the permit will be automatically dismissed and its priority will be considered forfeited. Term permits may be considered for periods of up to ten (10) years, but since all term applications requesting a period of use of greater than five (5) years are subject to safe yield requirements, most terms are granted for five (5) years or less.  Holders of term permits are required to file an annual water use report.

Pertinent Regulations
  • K.A.R. Article 5-9 which includes:
    • K.A.R. 5-9-1a -- Term Permit Application Requirements
    • K.A.R. 5-9-1b -- Approvals and Extensions of Term Permits
    • K.A.R. 5-9-1c -- Requests to Extend Term Permits
    • K.A.R. 5-9-1d -- No Water Right Perfected under Term Permits