Most water right holders may apply for a multi-year flex account (MYFA) by which they obtain a 5-year term permit that temporarily replaces an existing (or base) water right. This term permit allows the water right holder to exceed their annual authorized quantity in any year but restricts total pumping over the 5-year period.

The 2015 Legislature changed the MYFA statute to allow a water right holder to carry over one year’s worth of their total MYFA quantity into a subsequent MYFA if the water right is enrolled in a new MYFA during the year that their existing MYFA expires. This provision encourages conservation by at least partially removing the “use it or lose it” incentive to pump any unused quantity during the last year of the MYFA. This notion of “pushing wet water down the road” promotes saving water for an un-rainy day.

This program is voluntary and does not change the underlying base water right. At the end of the 5-year period, if not extended by a new MYFA application, the operation of the water right returns back to the original water right conditions.

Below are some basics about the program. Please contact your local DWR field office to schedule an appointment if you need assistance in evaluating your options or completing the application form.

An application for a multi-year flex account must be filed on or before December 31 of the first year of the multi-year flex account term for which the application is being made.
Important things to note:

• The deadline above is in statute and cannot be waived
• Separate applications must be received for each point of diversions under the base water right before the deadline

• MYFA Application (Form revised August 11, 2021)
• K.S.A. 82a-736 (MYFA Statute)
• 2020 Chief Engineer's Report to the Kansas Legislature on Implementing Multi-Year Flex Accounts
• MYFA water use comparison

• 5 times the average use of the water right from 2000-2009, or
• 5 times the county’s net irrigation requirement for corn times the acres irrigated times 110 percent

• Only vested and certified groundwater rights in good standing are eligible for MYFAs.
• A separate MYFA application is required for each point of diversion authorized by the base water right.
• The applicant is required to install and maintain an acceptable water flowmeter that meets all current specifications, to allow the meter to be sealed, to install anti-reverse components directed by DWR, and to maintain monthly records of water used.
• MYFAs are available statewide for uses other than irrigation.
• The entire water right must be placed in the MYFA program. If you wish to include only a portion of the water right, you must first apply for a division of the water right.
• MYFAs are available in all Intensive Groundwater Use Control Areas (IGUCAs), except the Walnut Creek IGUCA, the Lower Smoky Hill River IGUCA and Arkansas River IGUCA above Garden City.

• The MYFA application form has been revised to streamline and clarify program provisions.
• Exceptions to requiring the upgrading of meter installations that do not meet all current metering specifications will be considered if the meter was installed properly under previous specifications and accuracy can be verified through a compliance check.
• Meter sealing requirements have been clarified. Sealing will be done by either DWR or the appropriate GMD upon confirmation that the meter fully meets current specifications and/or a test finds the meter accurate. Our plan is to also do this as well for other meter installations where we (or a GMD) does a test and determines the meter to be accurate.
• While backup measurement devices, such as hour meters, will no longer be a requirement of an approved MYFA permit, we strongly encourage water users to maintain alternative measuring devices and record keeping.