reglab/housing_qa huggingface dataset:
KS Stat § 82a-701 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-701 Definitions.

82a-701. Definitions. When used in this act, unless the context indicates otherwise, the following words shall have the following meanings:(a) "Person" shall mean and include a natural person, a partnership, an organization, a corporation, a municipality and any agency of the state or federal government.(b) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.(c) "Domestic uses" means the use of water by any person or by a family unit or household for household purposes, or for the watering of livestock, poultry, farm and domestic animals used in operating a farm, and for the irrigation of lands not exceeding a total of two acres in area for the growing of gardens, orchards and lawns.(d) "Vested right" means the right of a person under a common law or statutory claim to continue the use of water having actually been applied to any beneficial use, including domestic use, on or before June 28, 1945, to the extent of the maximum quantity and rate of diversion for the beneficial use made thereof, and shall include the right to take and use water for beneficial purposes where a person is engaged in the construction of works for the actual application of water to a beneficial use on June 28, 1945, provided such works shall be completed and water is actually applied for such use within a reasonable time thereafter by such person, such person's heirs, successors or assigns. Such a right does not include, however, those common law claims under which a person has not applied water to any beneficial use within the periods of time set out in this subsection.(e) "Appropriator" means and includes a person who has an appropriation right that has been perfected in conformity with article 7 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto.(f) "Appropriation right" is a right, acquired under the provisions of article 7 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto, to divert from a definite water supply a specific quantity of water at a specific rate of diversion, provided such water is available in excess of the requirements of all vested rights that relate to such supply and all appropriation rights of earlier date that relate to such supply, and to apply such water to a specific beneficial use or uses in preference to all appropriations right of later date.(g) "Water right" means any vested right or appropriation right under which a person may lawfully divert and use water. It is a real property right appurtenant to and severable from the land on or in connection with which the water is used and such water right passes as an appurtenance with a conveyance of the land by deed, lease, mortgage, will, or other disposal, or by inheritance.History: L. 1945, ch. 390, § 1; L. 1957, ch. 539, § 1; L. 1977, ch. 356, § 3; L. 2004, ch. 101, § 141; L. 2009, ch. 65, § 1; July 1.
KS Stat § 82a-702 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-702 Dedication of use of water.

82a-702. Dedication of use of water. All water within the state of Kansas is hereby dedicated to the use of the people of the state, subject to the control and regulation of the state in the manner herein prescribed.History: L. 1945, ch. 390, § 2; June 28.
KS Stat § 82a-703 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-703 Water may be appropriated subject to vested rights.

82a-703. Water may be appropriated subject to vested rights. Except as provided in K.S.A. 82a-703a and subject to vested rights, all waters within the state may be appropriated for beneficial use as herein provided. Nothing contained in this act shall impair the vested right of any person except for nonuse.History: L. 1945, ch. 390, § 3; L. 1980, ch. 332, § 1; July 1.
KS Stat § 82a-703a (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-703a Minimum streamflows; duties of chief engineer.

82a-703a. Minimum streamflows; duties of chief engineer. Whenever the legislature enacts legislation establishing a minimum desirable streamflow for any watercourse in this state, the chief engineer shall withhold from appropriation that amount of water deemed necessary to establish and maintain for the identified watercourse the desired minimum streamflow.History: L. 1980, ch. 332, § 2; L. 1984, ch. 379, § 21; L. 1985, ch. 338, § 1; July 1.
KS Stat § 82a-703b (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-703b Minimum desirable streamflows; condition of appropriation right, applicability.

82a-703b. Minimum desirable streamflows; condition of appropriation right, applicability. (a) In addition to any other limitation or condition prescribed by law or rule and regulation of the chief engineer, it shall be an express condition of each and every appropriation right, except for use of water for domestic purposes, applied for after April 12, 1984, that such right shall be subject to any minimum desirable streamflow requirements identified and established pursuant to law on or before July 1, 1990, for the source of water supply to which such right applies.(b) All vested rights, water appropriation rights and applications for permits to appropriate water having a priority date on or before April 12, 1984, shall not be subject to any minimum desirable streamflow requirements established pursuant to law.History: L. 1984, ch. 377, § 1; L. 1987, ch. 402, § 2; July 1.
KS Stat § 82a-704b (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-704b Same; notice.

82a-704b. Same; notice. The chief engineer shall provide notice throughout the state of the provisions of this act by means assuring the widest dissemination thereof as practicable.History: L. 1978, ch. 434, § 2; July 1.
KS Stat § 82a-704c (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-704c Same; supplemental to Kansas water appropriation act.

82a-704c. Same; supplemental to Kansas water appropriation act. The provisions of K.S.A. 82a-704a shall be a part of and supplemental to the Kansas water appropriation act.History: L. 1978, ch. 434, § 3; July 1.
KS Stat § 82a-705 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-705 Acquisition of a new appropriation right to use water other than domestic; approval.

82a-705. Acquisition of a new appropriation right to use water other than domestic; approval. No person shall have the power or authority to acquire a new appropriation right to the use of water for other than domestic use without first obtaining the approval of the chief engineer, and no water rights of any kind may be acquired hereafter solely by adverse use, adverse possession, or by estoppel.History: L. 1945, ch. 390, § 5; L. 1957, ch. 539, § 7; L. 2009, ch. 65, § 2; July 1.
KS Stat § 82a-705a (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-705a Domestic use after June 28, 1945; information to chief engineer.

82a-705a. Domestic use after June 28, 1945; information to chief engineer. The use of water for domestic purposes instituted subsequently to June 28, 1945, to the extent that it is beneficial, shall constitute an appropriation right. The chief engineer, however, may require any person using water for any purpose to furnish information with regard to such use thereof.History: L. 1957, ch. 539, § 2; June 29.
KS Stat § 82a-706 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-706 Duties of chief engineer as to beneficial use and rights of priority of appropriation.

82a-706. Duties of chief engineer as to beneficial use and rights of priority of appropriation. The chief engineer shall enforce and administer the laws of this state pertaining to the beneficial use of water and shall control, conserve, regulate, allot and aid in the distribution of the water resources of the state for the benefits and beneficial uses of all of its inhabitants in accordance with the rights of priority of appropriation.History: L. 1945, ch. 390, § 6; L. 1957, ch. 539, § 8; June 29.
KS Stat § 82a-706a (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-706a Rules, regulations and standards.

82a-706a. Rules, regulations and standards. The chief engineer shall adopt, amend, promulgate, and enforce such reasonable rules, regulations, and standards necessary for the discharge of his or her duties and for the achievement of the purposes of this act pertaining to the control, conservation, regulation, allotment, and distribution of the water resources of the state.History: L. 1957, ch. 539, § 9; L. 1977, ch. 356, § 4; Jan. 1, 1978.
KS Stat § 82a-706b (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-706b Diversion of water prohibited, when; unlawful acts; enforcement and augmentation by chief engineer.

82a-706b. Diversion of water prohibited, when; unlawful acts; enforcement and augmentation by chief engineer. (a) It shall be unlawful for any person to prevent, by diversion or otherwise, any waters of this state from moving to a person having a prior right to use the same, or for any person without an agreement with the state of Kansas to divert or take any water that has been released from storage under authority of water reservation rights held by the state of Kansas. Upon making a determination of an unlawful diversion, the chief engineer or the chief engineer's authorized agents, shall, as may be necessary to secure water to the person having the prior right to its use, or to secure water for the purpose for which it was released from storage under authority of the state of Kansas or water reservation rights held by the state of Kansas:(1) Direct that the headgates, valves or other controlling works of any ditch, canal, conduit, pipe, well or structure be opened, closed, adjusted or regulated; or(2) within the rattlesnake creek subbasin located in hydrologic unit code 11030009, allow augmentation for the replacement in time, location and quantity of the unlawful diversion, if such replacement is available and offered voluntarily.(b) The chief engineer, or the chief engineer's authorized agents, shall deliver a copy of such a directive to the persons involved either personally or by mail or by attaching a copy to such headgates, valves or other controlling works to which it applies and such directive shall be legal notice to all persons involved in the diversion and distribution of the water of the ditch, canal, conduit, pipe, well or structure. For the purpose of making investigations of diversions and delivering directives as provided herein and determining compliance therewith, the chief engineer or the chief engineer's authorized agents shall have the right of access and entry upon private property.History: L. 1957, ch. 539, § 10; L. 1965, ch. 557, § 1; L. 2015, ch. 60, § 1; July 1.
KS Stat § 82a-706c (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-706c Meters, gages and other measuring devices; waste and quality checks.

82a-706c. Meters, gages and other measuring devices; waste and quality checks. The chief engineer shall have full authority to require any water user to install meters, gages, or other measuring devices, which devices he or she or his or her agents may read at any time, and to require any water user to report the reading of such meters, gages, or other measuring devices at reasonable intervals. He or she shall have full authority to make, and to require any water user to make, periodic water waste and water quality checks and to require the user making such checks to report the findings thereof.History: L. 1957, ch. 539, § 11; June 29.
KS Stat § 82a-706d (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-706d Duties of attorney general.

82a-706d. Duties of attorney general. Upon request of the chief engineer the attorney general shall bring suit in the name of the state of Kansas, in courts of competent jurisdiction to enjoin the unlawful appropriation, diversion, use of the waters of the state, and waste or loss thereof.History: L. 1957, ch. 539, § 12; June 29.
KS Stat § 82a-706e (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-706e State field offices and commissioners.

82a-706e. State field offices and commissioners. The chief engineer, subject to the approval of the secretary of agriculture, may establish field offices within this state to secure the best protection to all claimants of water therein and the most economical supervision thereof. Subject to the approval of the secretary of agriculture, the chief engineer may appoint a water commissioner for each field office so established, in accordance with the Kansas civil service laws, who shall be the agent of the chief engineer in supervising the distribution of waters within the area served by such field office, according to the rights and priorities of all parties concerned, and who shall perform such other duties as the chief engineer may direct.History: L. 1957, ch. 539, § 13; L. 2004, ch. 101, § 142; July 1.
KS Stat § 82a-707 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-707 Principles governing appropriations; priorities.

82a-707. Principles governing appropriations; priorities. (a) Surface or groundwaters of the state may be appropriated as herein provided. Such appropriation shall not constitute ownership of such water, and appropriation rights shall remain subject to the principle of beneficial use.(b) The date of priority of every water right of every kind, and not the purpose of use, determines the right to divert and use water at any time when the supply is not sufficient to satisfy all water rights. Where lawful uses of water have the same date of priority, such uses shall have priority in the following order of preference: Domestic, municipal, irrigation, industrial, recreational and water power uses. The holder of a water right for an inferior beneficial use of water shall not be deprived of the use of the water either temporarily or permanently as long as such holder is making proper use of it under the terms and conditions of such holder's water right and the laws of this state, other than through condemnation.(c) As between persons with appropriation rights, the first in time is the first in right. The priority of the appropriation right to use water for any beneficial purpose except domestic purposes shall date from the time of the filing of the application therefor in the office of the chief engineer. The priority of the appropriation right to use water for domestic purposes shall date from the time of the filing of the application therefor in the office of the chief engineer or from the time the user makes actual use of water for domestic purposes, whichever is earlier.(d) Any water right returned to the state under the provisions of K.S.A. 2-1915, and amendments thereto, shall be placed in the custodial care of the state. While in the custodial care of the state, the priority of the water right shall remain in effect and water available under the terms and conditions of the water right shall not be considered available for further appropriation. Any surface water right held in the custodial care of the state shall neither directly benefit nor impair any other surface water right within the stream reach designated for recovery. Any water right donated to the state shall be placed in the custodial care of the state or retired at the discretion of the chief engineer.(e) Appropriation rights in excess of the reasonable needs of the appropriators shall not be allowed.History: L. 1917, ch. 172, § 6; R.S. 1923, 24-903; L. 1945, ch. 390, § 7; L. 1957, ch. 539, § 14; L. 1988, ch. 396, § 3; L. 2009, ch. 65, § 3; July 1.
KS Stat § 82a-708b (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-708b Application for change in place of use, point of diversion or use; fee; review of action on application.

82a-708b. Application for change in place of use, point of diversion or use; fee; review of action on application. (a) Any owner of a water right may change the place of use, the point of diversion or the use made of the water, without losing priority of right, provided such owner shall: (1) Apply in writing to the chief engineer for approval of any proposed change; (2) demonstrate to the chief engineer that any proposed change is reasonable and will not impair existing rights; (3) demonstrate to the chief engineer that any proposed change relates to the same local source of supply as that to which the water right relates; and (4) receive the approval of the chief engineer with respect to any proposed change. The chief engineer shall approve or reject the application for change in accordance with the provisions and procedures prescribed for processing original applications for permission to appropriate water. If the chief engineer disapproves the application for change, the rights, priorities and duties of the applicant shall remain unchanged. Any person aggrieved by an order or decision by the chief engineer relating to an application for change may petition for review thereof in accordance with the provisions of K.S.A. 82a-1901, and amendments thereto.(b) Each application to change the place of use, the point of diversion or the use made of the water under this section shall be accompanied by the application fee set forth in the schedule below:(1) Application to change a point of diversion 300feet or less  $100(2) Application to change a point of diversion morethan 300 feet  200(3) Application to change the place of use   200(4) Application to change the use made of water   300On and after July 1, 2023, the application fee shall be set forth in the schedule below:(1) Application to change a point of diversion 300feet or less   $50(2) Application to change a point of diversion morethan 300 feet   100(3) Application to change the place of use   100(4) Application to change the use made of the water   150The chief engineer shall render a decision on such permit applications within 150 days of receiving a complete application except when the application cannot be processed due to the standards established in K.A.R. 5-3-4c. Upon failure to render a decision within 180 days of receipt of a complete application, the application fee is subject to refund upon request.(c) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.History: L. 1957, ch. 539, § 4; L. 1982, ch. 4, § 18; L. 1985, ch. 339, § 2; L. 1990, ch. 361, § 1; L. 1999, ch. 130, § 4; L. 2002, ch. 181, § 22; L. 2004, ch. 85, § 17; L. 2009, ch. 51, § 3; L. 2014, ch. 133, § 10; L. 2017, ch. 86, § 14; July 1.
KS Stat § 82a-709 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-709 Same; contents; time of filing.

82a-709. Same; contents; time of filing. No person may acquire a new appropriation right to the use of waters of the state for other than domestic purposes without making an application to the chief engineer for a permit to make such appropriation. However, any person using water for domestic purposes subsequent to June 28, 1945, and any person intending to use water hereafter for domestic purposes may make application to the chief engineer for a permit the same as any other person. The application shall set forth: (a) The name and post-office address of the applicant;(b) the source from which said appropriation shall be made;(c) the maximum rate at which water is to be diverted or used and the total annual quantity of water sought;(d) the location of the works or proposed works for the diversion and use of the water;(e) the estimated time for the completion of any proposed works;(f) the time of the first actual application of the water to the beneficial use involved, if there was such, and the estimated time for the first actual application of the water for the beneficial use proposed;(g) sworn statement or evidence of legal access to or control of the point of diversion from the landowner, or the landowner's authorized representative;(h) if for irrigation use, a description of the land to be irrigated by designating the number of irrigable acres in each forty (40) acre tract or fractional portion thereof;(i) if for municipal water supply, it shall give the present population to be served and estimated future requirements of the city;(j) any additional factors which may be required by the chief engineer.Such application shall be filed and approved before the commencement of any work in connection with the construction, enlargement or extension of any works for the diversion, storage, and use of water.History: L. 1945, ch. 390, § 9; L. 1957, ch. 539, § 15; L. 1977, ch. 356, § 5; L. 2009, ch. 65, § 4; July 1.
KS Stat § 82a-710 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-710 Same; return for correction or completion; maps, plats, plans and drawings; default in refiling.

82a-710. Same; return for correction or completion; maps, plats, plans and drawings; default in refiling. Upon receipt of the application it shall be the duty of the chief engineer to endorse thereon the date of its receipt and assign a number to the same. If upon examination the application is found to be defective, inadequate or insufficient to enable such official to determine the nature and amount of the proposed appropriation, it shall be returned for correction or completion or for other required information. No application shall lose its priority of filing on account of such defects, provided acceptable data, proofs, maps, plats, plans and drawings are filed in the office of the chief engineer within thirty days following the date of the posting of the return of such application or such further time not exceeding one year as may be given by the chief engineer.All maps, plats, plans and drawings shall conform to prescribed uniform standard as to materials, size, coloring and scale, and shall show: (a) The source from which the proposed appropriation is to be taken, (b) all proposed dams, dikes, reservoirs, canals, pipe lines, power houses and other structures for the purpose of storing, conveying or using water for the purpose approved and their positions or courses in connection with the boundary lines and corners of the lands which they occupy. Land listed for irrigation shall be shown in government subdivisions or fractions thereof. Default in the refiling of any application within the time limit specified shall constitute a forfeiture of priority date and the dismissal of the application.History: L. 1945, ch. 390, § 10; June 28.