reglab/housing_qa huggingface dataset:
KS Stat § 82a-711 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-711 Permits to appropriate water; standards for approval of use; review of action on application.

82a-711. Permits to appropriate water; standards for approval of use; review of action on application. (a) If a proposed use neither impairs a use under an existing water right nor prejudicially and unreasonably affects the public interest, the chief engineer shall approve all applications for such use made in good faith in proper form which contemplate the utilization of water for beneficial purpose, within reasonable limitations except that the chief engineer shall not approve any application submitted for the proposed use of fresh water in any case where other waters are available for such proposed use and the use thereof is technologically and economically feasible. Otherwise, the chief engineer shall make an order rejecting such application or requiring its modification to conform to the public interest to the end that the highest public benefit and maximum economical development may result from the use of such water.(b) In ascertaining whether a proposed use will prejudicially and unreasonably affect the public interest, the chief engineer shall take into consideration:(1) Established minimum desirable streamflow requirements;(2) the area, safe yield and recharge rate of the appropriate water supply;(3) the priority of existing claims of all persons to use the water of the appropriate water supply;(4) the amount of each claim to use water from the appropriate water supply; and(5) all other matters pertaining to such question.(c) With regard to whether a proposed use will impair a use under an existing water right, impairment shall include the unreasonable raising or lowering of the static water level or the unreasonable increase or decrease of the streamflow or the unreasonable deterioration of the water quality at the water user's point of diversion beyond a reasonable economic limit. Any person aggrieved by any order or decision by the chief engineer relating to that person's application for a permit to appropriate water may petition for review thereof in accordance with the provisions of K.S.A. 82a-1901, and amendments thereto.History: L. 1945, ch. 390, § 11; L. 1957, ch. 539, § 16; L. 1977, ch. 356, § 6; L. 1980, ch. 332, § 3; L. 1986, ch. 392, § 3; L. 1991, ch. 292, § 3; L. 1999, ch. 130, § 5; July 1.
KS Stat § 82a-711a (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-711a Same; express conditions of appropriations.

82a-711a. Same; express conditions of appropriations. It shall be an express condition of each appropriation of surface or ground water that the right of the appropriator shall relate to a specific quantity of water and that such right must allow for a reasonable raising or lowering of the static water level and for the reasonable increase or decrease of the streamflow at the appropriator's point of diversion: Provided, That in determining such reasonable raising or lowering of the static water level in a particular area, the chief engineer shall consider the economics of diverting or pumping water for the water uses involved; and nothing herein shall be construed to prevent the granting of permits to applicants later in time on the ground that the diversions under such proposed later appropriations may cause the water level to be raised or lowered at the point of diversion of a prior appropriator, so long as the rights of holders of existing water rights can be satisfied under such express conditions.History: L. 1957, ch. 539, § 17; June 29.
KS Stat § 82a-712 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-712 Same; notice of approval or disapproval of application; approval constitutes permit.

82a-712. Same; notice of approval or disapproval of application; approval constitutes permit. The chief engineer shall notify the applicant of the approval or disapproval of the application. Upon approving the application the chief engineer shall authorize the applicant to proceed with the construction of the proposed diversion works and to proceed with all steps necessary for the application of the water to the approved and proposed beneficial use and otherwise perfect his or her proposed appropriation. The chief engineer may approve an application for a smaller amount of water than requested and he or she may approve an application upon such terms, conditions, and limitations as he or she shall deem necessary for the protection of the public interest. The approval of the application by the chief engineer, subject to the terms and conditions thereof, upon issuance, constitutes a permit to proceed with construction of diversion or other authorized works and with the diversion and use of water in accordance with the terms and conditions of his or her permit and no common-law claimant without a vested right, or other person without a vested right, a prior appropriation right, or an earlier permit shall prevent, restrain, or enjoin an applicant from proceeding in accordance with the terms and conditions of his or her permit or from diminishing the water supply.History: L. 1945, ch. 390, § 12; L. 1957, ch. 539, § 18; June 29.
KS Stat § 82a-713 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-713 Same; limiting time for perfection of appropriation; extension.

82a-713. Same; limiting time for perfection of appropriation; extension. The chief engineer shall limit the time for the perfecting of an appropriation to a reasonable period within which the proposed works can be completed by expeditious procedure, and he or she shall for good cause shown by the applicant allow an extension of time.History: L. 1945, ch. 390, § 13; June 28.
KS Stat § 82a-715 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-715 Same; validation of certain applications.

82a-715. Same; validation of certain applications. All applications for the appropriation of water to beneficial use as filed with the chief engineer, subsequent to May 5, 1941, and all processing, proceedings and certificates pertaining thereto are validated to same extent as if filed after the effective date of this act, but with priorities as of the dates of filing of applications. All subsequent processing of such applications as are still pending and undetermined shall be further considered and processed as provided in this act.History: L. 1945, ch. 390, § 15; June 28.
KS Stat § 82a-716 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-716 Common-law claimants; action for compensation; injunctions.

82a-716. Common-law claimants; action for compensation; injunctions. If any appropriation, or the construction and operation of authorized diversion works results in an injury to any common-law claimant, such person shall be entitled to due compensation in a suitable action at law against the appropriator for damages proved for any property taken. Any person with a valid water right or permit to divert and use water may, after first exhausting the remedies available under K.S.A. 82a-717a, and amendments thereto, restrain or enjoin in any court of competent jurisdiction a subsequent diversion by a common-law claimant without vested rights without first condemning those common-law rights. After first exhausting the remedies available under K.S.A. 82a-717a, and amendments thereto, an appropriator shall have the right to injunctive relief to protect his or her prior right of beneficial use as against use by an appropriator with a later priority of right.History: L. 1945, ch. 390, § 16; L. 1957, ch. 539, § 21; L. 2017, ch. 55, § 1; July 1.
KS Stat § 82a-718 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-718 Abandonment of water rights; notices; hearing; review of action; exceptions.

82a-718. Abandonment of water rights; notices; hearing; review of action; exceptions. (a) All appropriations of water must be for some beneficial purpose. Every water right of every kind shall be deemed abandoned and shall terminate when without due and sufficient cause no lawful, beneficial use is henceforth made of water under such right for five successive years. Before any water right shall be declared abandoned and terminated the chief engineer shall conduct a hearing thereon. Notice shall be served on the user at least 30 days before the date of the hearing. The determination of the chief engineer pursuant to this section shall be subject to review in accordance with the provisions of K.S.A. 82a-1901, and amendments thereto.The verified report of the chief engineer or such engineer's authorized representative shall be prima facie evidence of the abandonment and termination of any water right.(b) Except as provided in subsection (e), when no lawful, beneficial use of water under a water right has been reported for three successive years, the chief engineer shall notify the user, by certified mail, return receipt requested, that: (1) No lawful, beneficial use of the water has been reported for three successive years; (2) if no lawful, beneficial use is made of the water for five successive years, the right may be terminated; and (3) the right will not be terminated if the user shows that for one or more of the five consecutive years the beneficial use of the water was prevented or made unnecessary by circumstances that are due and sufficient cause for nonuse, which circumstances shall be included in the notice.(c) The provisions of subsection (a) shall not apply to a water right that has not been declared abandoned and terminated before the effective date of this act if the five years of successive nonuse occurred exclusively and entirely before January 1, 1990. However, the provisions of subsection (a) shall apply if the period of five successive years of nonuse began before January 1, 1990, and continued after that date.(d) Notwithstanding the provisions of subsection (a), an eligible water right enrolled in and continually in compliance with the water rights conservation program, pursuant to K.S.A. 82a-741, and amendments thereto, shall be deemed to have due and sufficient cause for nonuse and shall not be deemed abandoned.(e) Notwithstanding the provisions of subsection (a), a groundwater right, which has as its local supply an aquifer area that has been closed to new appropriations by rule, regulation or order of the chief engineer shall be deemed to have due and sufficient cause for nonuse and shall not be deemed abandoned.History: L. 1945, ch. 390, § 19; L. 1957, ch. 539, § 23; L. 1988, ch. 356, § 350; L. 1999, ch. 122, § 1; L. 1999, ch. 149, § 13; L. 2010, ch. 59, § 1; L. 2011, ch. 89, § 26; L. 2012, ch. 6, § 1; July 1.
KS Stat § 82a-719 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-719 Distribution of water according to decree of court.

82a-719. Distribution of water according to decree of court. Whenever the rights for the use of waters of the state shall have been adjudicated by any court, the division of water resources with the aid of its chief engineer and other officers and employees, shall aid in the distribution of such water according to such decree and shall distribute the water among the several ditches or water users pursuant to the decree; and shall have the power to open, close or adjust the headgates and regulate the controlling works of any ditch or structure, or cause the same to be opened, closed, adjusted and regulated so as to make a distribution of the water in conformity with the decree.History: L. 1933, ch. 206, § 2; L. 1945, ch. 390, § 20; June 28.
KS Stat § 82a-720 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-720 Same; certified copies of decrees.

82a-720. Same; certified copies of decrees. The clerk of any court of this state in which a decree shall be made fixing the rights pertaining to ditches or water users to water, shall within ten days after such decree shall have been entered, forward to the chief engineer of the division of water resources, by registered mail, a certified copy of such decree.History: L. 1933, ch. 206, § 4; L. 1945, ch. 390, § 21; June 28.
KS Stat § 82a-721 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-721 Construction of act.

82a-721. Construction of act. This act shall be construed liberally to effectuate the purposes hereof, and the enumeration of specific powers in this act shall not operate to restrict the meaning of any general grant of power contained in this act or to exclude other powers comprehended in such general grant.History: L. 1945, ch. 390, § 23; June 28.
KS Stat § 82a-721a (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-721a Same; damages to land.

82a-721a. Same; damages to land. Nothing in this act shall be construed as limiting any right of an owner of an estate or interest in or concerning land to recover damage for any injury done to his or her land or to any water rights appurtenant thereto.History: L. 1957, ch. 539, § 22; June 29.
KS Stat § 82a-722 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-722 Invalidity of part.

82a-722. Invalidity of part. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered, and it shall be presumed that the legislature would have enacted this law with the section, subsection or clause held to be invalid, omitted.History: L. 1945, ch. 390, § 24; June 28.
KS Stat § 82a-724 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-724 Review of administrative actions.

82a-724. Review of administrative actions. Any order pursuant to K.S.A. 82a-1901, and amendments thereto, upon review of any action of the chief engineer pursuant to K.S.A. 82a-704a, 82a-708b, 82a-711 or 82a-718, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.History: L. 1957, ch. 539, § 24; L. 1978, ch. 435, § 1; L. 1986, ch. 318, § 143; L. 1999, ch. 130, § 8; L. 2010, ch. 17, § 212; July 1.
KS Stat § 82a-725 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-725 Same; reference to state division or its chief engineer; procedures; cases in federal courts.

82a-725. Same; reference to state division or its chief engineer; procedures; cases in federal courts. In any suit to which the state is not a proper party brought in any court of competent jurisdiction in this state for determination of rights to water, the court may order a reference to the division of water resources or its chief engineer, as referee, for investigation of and report upon any or all of the physical facts involved and the division or its chief engineer shall thereupon make such an investigation and report as ordered by the court. The report shall set forth such findings of fact as may be required by the court's order of reference and may contain such opinions upon the facts as it deems proper in view of the issues submitted. Before filing its report, the division or its chief engineer shall mail notice of its report together with a copy of it, to the parties or their attorneys of record.Within thirty (30) days from the date of the mailing of the copy of the report, any party may file objections to it with the division of water resources or its chief engineer. After the division, or its chief engineer, has considered the objections, it shall file its report, as referee, with the clerk of the court and give notice by registered or certified mail of the filing of its report to the parties or their attorneys. The court shall review the report upon exceptions thereto filed with the clerk of the court within thirty (30) days after date of mailing registered notice of the filing of the report. Except in its discretion or for good cause shown, the court shall not consider any exception to the report unless it appears that the excepting party presented the matter of the exception to the division or its chief engineer in the form of an objection. The report shall be evidence of the physical facts found therein, but the court shall hear such evidence as may be offered by any party to rebut the report or the evidence. If suit is brought in a federal court for determination of rights to water within, or partially within, the state, the division or its chief engineer may accept a reference of such suit as master or referee for the court.History: L. 1957, ch. 539, § 25; June 29.
KS Stat § 82a-726 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-726 Diversion and transportation of water for use in another state; approval by chief engineer; conditions.

82a-726. Diversion and transportation of water for use in another state; approval by chief engineer; conditions. (a) Any person intending to divert and transport water produced from a point or points of diversion located in this state for use in another state, shall make application to the chief engineer for a permit to appropriate water for beneficial use or file an application for change in point of diversion, place of use, type of use or any combination thereof. Subject to the provisions of subsection (b), the chief engineer shall approve such application upon such terms, conditions and limitations that the chief engineer shall deem necessary for the protection of public interest, including an express condition that if any such water is necessary to protect the public health and safety of the citizens of this state, such approved application may be suspended, modified or revoked by the chief engineer for such necessity.(b) The chief engineer shall approve an application pursuant to this section only if the chief engineer finds that:(1) The diversion and transportation of such water complies with the Kansas water appropriation act, the water transfer act and any other state law pertaining to such diversion, transportation and use of water;(2) the statutes and common law of the state where such water will be used do not prohibit the use of water at the proposed place of use or for the proposed type of use, or both, if the water were to be diverted in that state; and(3) the proposed diversion and transportation of water will not allow water apportioned to the state of Kansas by an interstate water compact to be used in another state.(c) In order to make the finding required by subsection (b)(2), the chief engineer shall rely on a determination by the attorney general of the other state of whether the proposed use would be prohibited in that state.History: L. 1976, ch. 435, § 1; L. 1984, ch. 380, § 1; L. 2000, ch. 98, § 1; July 1.
KS Stat § 82a-727 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-727 Temporary permits to appropriate water; extension; fee; rules and regulations.

82a-727. Temporary permits to appropriate water; extension; fee; rules and regulations. (a) Subject to existing water rights and the principle of beneficial use, the chief engineer may grant upon application made therefor temporary permits and extensions thereof to appropriate water in any case where the public interest in such water will not be unreasonably or prejudicially affected, except that the chief engineer shall not grant any such permit to appropriate fresh water in any case where other waters are available for the proposed use and the use thereof is technologically and economically feasible. No such temporary permit or any extension thereof shall be granted for a period of time in excess of six months. Each application submitted for a temporary permit or extension thereof shall be accompanied by an application fee of $200, or on and after July 1, 2023, a fee of $100.(b) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section.(c) Nothing in this section shall be deemed to vest in the holder of any permit granted pursuant to provisions of this section any permanent right to appropriate water except as is provided by such permit.(d) 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. 1977, ch. 356, § 1; L. 1982, ch. 4, § 19; L. 1985, ch. 339, § 4; L. 2002, ch. 181, § 24; L. 2004, ch. 85, § 19; L. 2009, ch. 51, § 5; L. 2014, ch. 133, § 13; L. 2017, ch. 86, § 17; July 1.
KS Stat § 82a-728 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-728 Unlawful acts; penalties.

82a-728. Unlawful acts; penalties. (a) Except for the appropriation of water for the purpose of domestic use, the production and return of salt water in connection with the operation of oil and gas wells in accordance with the written approval granted therefor by the Kansas corporation commission pursuant to K.S.A. 55-901, and amendments thereto, the withdrawal and use of water in accordance with provisions of K.S.A. 82a-1313, and amendments thereto, and the annual diversion and beneficial use of not more than 15 acre feet of surface water impounded in any reservoir having a total water volume of less than 15 acre feet, it shall be unlawful for any person to appropriate or threaten to appropriate water from any source without first applying for and obtaining a permit to appropriate water in accordance with the provisions of chapter 7 of article 82a of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto or, for any person to violate any condition of a vested right, appropriation right or an approved application for a permit to appropriate water for beneficial use. As used in this subsection salt water shall mean water containing more than 5,000 milligrams per liter chlorides.(b) (1) The violation of any provision of this section by any person is a class C misdemeanor. (2) Each day that any such violation occurs after notice of the original violation is given by the chief engineer to any such violator by restricted mail shall constitute a separate offense.History: L. 1977, ch. 356, § 2; L. 1981, ch. 397, § 2; July 1.
KS Stat § 82a-729 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-729 Act supplemental to article 7 of chapter 82a of the Kansas Statutes Annotated.

82a-729. Act supplemental to article 7 of chapter 82a of the Kansas Statutes Annotated. The provisions of K.S.A. 82a-727 and 82a-728 shall be a part of and supplemental to the provisions of article 7 of chapter 82a of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto.History: L. 1977, ch. 356, § 7; Jan. 1, 1978.
KS Stat § 82a-730 (2021)
2021 Kansas Statutes|Chapter 82a - Waters And Watercourses|Article 7 - Appropriation Of Water For Beneficial Use|82a-730 Citation of act.

82a-730. Citation of act. K.S.A. 82a-701 to 82a-726, inclusive, and acts amendatory thereof and supplemental thereto shall be called and may be cited as the Kansas water appropriation act.History: L. 1977, ch. 356, § 8; L. 1984, ch. 380, § 2; July 1.