reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-624 Findings of board; new boundaries; subscription to benefit units by landowners of attached territory.

82a-624.
Findings of board; new boundaries; subscription to benefit units by landowners of attached territory.
(a) At the time and place set for the hearing and consideration of the petition, the board of county commissioners shall ascertain (1) whether proper notice has been given as required by K.S.A. 82a-623, and (2) whether the statements contained in the petition are true. If the statements contained in the petition are true and if a majority of the members of the board of the district to which attachment is desired do not object, the board of county commissioners shall enter into its minutes of such findings and shall set forth in said minutes a metes and bounds description of the new territory attached to said district. Thereafter owners of land located within the attached territory shall be entitled to subscribe to such benefit units upon such terms and conditions as the board in its discretion may provide. Any owner of land located within any territory attached to a district as provided by this act, who shall subscribe to one or more benefit units and comply with terms and conditions provided by the board, shall be entitled to the same rights as participating members are entitled to.
(b) When the petition has been signed by seventy-five percent (75%) of the landowners, the board of county commissioners shall ascertain whether the statements contained in the petition are true. If the statements contained in the petition are true and if a majority of the members of the board of the district to which attachment is desired do not object, the board of county commissioners shall enter into its minutes of such findings and shall set forth in said minutes a metes and bounds description of the new territory attached to said district.
History:
L. 1957, ch. 540, § 13; L. 1965, ch. 556, § 8; L. 1980, ch. 331, § 3; April 23.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-625 Construction of works; issuance of revenue bonds, conditions.

82a-625.
Construction of works; issuance of revenue bonds, conditions.
The board of directors of any district as provided shall have power to cause to be constructed within such district such works as are authorized by this act and to issue revenue bonds therefor, which shall be exempt from taxation. Such bonds shall be self-liquidating out of the revenue to be derived by the district for its services and facilities, shall bear interest at not more than the maximum rate of interest prescribed by K.S.A. 10-1009 and shall be issued under such provisions and conditions as the board shall determine.
History:
L. 1957, ch. 540, § 14; L. 1970, ch. 64, § 98; L. 1979, ch. 332, § 2; April 26.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-626 Terms of members of board; annual meeting, notice; vote by participating members.

82a-626.
Terms of members of board; annual meeting, notice; vote by participating members.
(a) The term of office of every member elected to an original board shall be until the date of the annual meeting of the participating members of either the first, second or third year following the year of the incorporation of the district and until their successors are elected and have qualified, and as nearly as possible the terms of an equal number of directors on any such board shall expire on each of such dates.
(b) Except as provided by the bylaws of the district pursuant to K.S.A. 82a-648, and amendments thereto, at the annual meeting of each year after the year of the election of the original board members, elections shall be held to elect directors to fill any position on the board, the term of office of which has expired, and any director so elected shall hold office for a term of three years and until such director's successor is elected and has qualified. For the purpose of election of board members and for such other purposes as the bylaws may prescribe, annual meetings of participating members shall be held by each district between January 1 and April 1 of each year following the year of incorporation of such district. The board of directors shall cause notice of the time and place of each annual meeting and the purpose thereof to be mailed to each of its participating members or shall cause such notice to be published in a newspaper of general circulation within the district. Every such notice shall be mailed or published not less than 10 nor more than 30 days prior to any such meeting. Each participating member shall be entitled to a single vote, regardless of the number of benefit units to which such member has subscribed.
History:
L. 1957, ch. 540, § 15; L. 1959, ch. 415, § 4; L. 1987, ch. 401, § 1; L. 2002, ch. 137, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-627 Officers of board; election; term.

82a-627.
Officers of board; election; term.
The board of directors shall annually elect a chairman, vice-chairman, secretary and treasurer for a term of one (1) year and until a successor is elected and has qualified.
History:
L. 1957, ch. 540, § 16; June 29.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-628 Duties of chairman of board; compensation of chairman and other persons; budget, audit and report.

82a-628.
Duties of chairman of board; compensation of chairman and other persons; budget, audit and report.
It shall be the duty of the chairman of the board of directors to keep in repair such works as are constructed by the district as authorized in this act and to operate such works, all as directed by said board. The chairman and all persons who may perform any service or labor as provided herein shall be paid such just and reasonable compensation as may be allowed by the board of directors and said board shall annually prepare an estimated budget for the coming year, adjust water rates, if necessary to produce sufficient revenue required by such budget, shall cause an annual audit of the district's records and accounts to be made, and shall make a report on said matters at each annual meeting.
History:
L. 1957, ch. 540, § 17; June 29.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-629 Dissolution of district; disposition of property and apportionment of proceeds.

82a-629.
Dissolution of district; disposition of property and apportionment of proceeds.
Whenever a petition signed by 3/4 of the subscribers and benefit unit owners in any district organized under provisions of K.S.A. 82a-612 et seq., and amendments thereto, is presented to the board of county commissioners stating that all of the district's debts and obligations have been fully paid; that the board of directors has not held a meeting for more than six months prior to the date of signing the petition; and that the district is not functioning, and shall continue to be inoperative, the board of county commissioners shall make findings thereon. If the board of county commissioners finds the allegations in the petition to be true, the board shall provide for the disposition of any property owned by the district and for the apportionment of the proceeds thereof together with any other moneys belonging to the district to an adjoining rural water district or to any other political subdivision of the state. No money, property or the proceeds thereof shall be distributed to any private interests. The board of county commissioners shall issue a certificate stating that the allegations in the petition are true and declaring the district dissolved. The board of county commissioners shall make full minutes of the hearing in its journal and deliver such certificate to the secretary of the district. The secretary of the district, within 30 days thereafter, shall deliver all records, maps, plans and files to the county clerk, and thereupon the district shall be dissolved.
History:
L. 1957, ch. 540, § 18; L. 1985, ch. 337, § 1; L. 1991, ch. 291, § 1; March 21.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-631 Conversion of certain cooperative and nonprofit corporations into rural water districts; petition; requirements.

82a-631.
Conversion of certain cooperative and nonprofit corporations into rural water districts; petition; requirements.
Any cooperative or nonprofit corporation organized prior to July 1, 1957, for purposes authorized by sections 82a-612 to 82a-629, both sections inclusive, of the General Statutes Supplement of 1957, may, by a vote of a majority of the members present at a regular meeting, or at a meeting duly called for that purpose, and provided a quorum is present, elect to petition the county commissioners to incorporate the lands within its corporate boundaries into a rural water district. Said petition shall: (1) Be accompanied by a map showing the corporate boundaries of the area served, a roster of the stockholders, complete with addresses; (2) state the name of the corporation desiring to be incorporated as a rural water district; (3) state that prior to the construction of water facilities by the corporation, the area was without an adequate water supply; (4) state that the holders of notes, bonds, or other instruments evidencing indebtedness of the corporation are willing to have the new district, if established, assume the indebtedness and obligations of the corporation; and (5) be signed by the president and secretary of the corporation for its members.
History:
L. 1959, ch. 415, § 6; April 4.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-632 Same; notice and hearing.

82a-632.
Same; notice and hearing.
Notice of the filing of a petition for conversion to a water district, fixing time and place of the hearing, shall be given in the same manner as prescribed in K.S.A. 82a-626, insofar as same can be made applicable, except that all members whose names are shown on the roster of stockholders submitted with the petition for conversion shall be considered petitioners, and shall be given notice of such filing and of the time and place of the hearing by registered or certified mail.
History:
L. 1959, ch. 415, § 7; April 4.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-633 Same; duties of county commissioners; declaration.

82a-633.
Same; duties of county commissioners; declaration.
At the time and place set for the hearing and consideration of the petition, the board of county commissioners shall ascertain: (1) Whether proper notice has been given as provided for in K.S.A. 82a-632; and (2) whether the statements contained in the petition are true. If determined in the affirmative, the said board of county commissioners shall enter into its minutes such findings, shall cause the map accompanying the petition to be filed of record, and shall declare the land shown within the boundaries on said map to constitute a quasi-municipal corporation, and to be incorporated into a rural water district under the name of "Rural Water District No. ______, ______________ county, Kansas," and thereupon shall enter upon its records full minutes of the hearing, together with the declaration that said district shall constitute a body politic and corporate under said corporate name for the purposes of this act.
History:
L. 1959, ch. 415, § 8; L. 1963, ch. 512, § 7; April 22.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-634 Same; holders of stock or certificates to hold benefit units.

82a-634.
Same; holders of stock or certificates to hold benefit units.
Holders of shares of stock and/or membership certificates in the corporation or cooperative electing to convert to a rural water district shall hold benefit units in the water district established in the same number as they were entitled to water services in the previously existing corporation or cooperative.
History:
L. 1959, ch. 415, § 9; April 4.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-635 Same; dissolution of corporation or cooperative, when.

82a-635.
Same; dissolution of corporation or cooperative, when.
When the rural water district has been established pursuant to the provisions of K.S.A. 82a-631 to 82a-634, both sections inclusive, hereof, and the assets and liabilities of the corporation or cooperative have been transferred to it, the corporation or cooperative shall thereupon be dissolved.
History:
L. 1959, ch. 415, § 10; April 4.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-636 Same; conversion provisions (K.S.A. 82a-631 through 82a-635) supplemental to K.S.A. 82a-612 through 82a-629.

82a-636.
Same; conversion provisions (
K.S.A.
82a-631 through 82a-635) supplemental to
K.S.A.
82a-612 through 82a-629.
The provisions of K.S.A. 82a-631 to 82a-635, both sections inclusive, shall be supplemental to the provisions of K.S.A. 82a-612 to 82a-629, both sections inclusive, and acts amendatory thereof or supplemental thereto.
History:
L. 1959, ch. 415, § 11; July 4.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-639 Consolidation of rural water districts; duties of board of county commissioners.

82a-639.
Consolidation of rural water districts; duties of board of county commissioners.
Subject to the provisions of K.S.A. 19-270, any two or more rural water districts organized pursuant to K.S.A. 82a-612 et seq., and amendments thereto, may be consolidated by order of the board of county commissioners of the county in which the district with the largest number of participating members was originally incorporated and organized.
History:
L. 1976, ch. 438, § 2; L. 1986, ch. 70, § 46; May 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-640 Same; meeting prior to consolidation; notice; approval of consolidation; petition to county, contents.

82a-640.
Same; meeting prior to consolidation; notice; approval of consolidation; petition to county, contents.
Prior to the formation of a consolidated rural water district, a special meeting concerning such consolidation shall be held in each district to be consolidated. All members of each such district shall be sent notice by first-class mail of the time, place and purpose of such special meeting at least ten (10) days prior thereto. A majority of the members attending such special meeting of each district to be consolidated shall first authorize the consolidation of such districts and approve the assumption and payment of all liabilities and obligations of the districts to be consolidated by the consolidated district. A petition addressed to the board of county commissioners of the county with the largest number of participating members, executed by the chairman and secretary of each district seeking consolidation, and filed with the county clerk of such county shall: (1) Set forth the names of each district seeking consolidation; (2) be accompanied by a map showing the boundaries of such districts; (3) state that the consolidation has been approved by a majority of the members attending the special meeting of each district seeking consolidation; (4) state whether or not the boards of the districts proposed to be consolidated have agreed to assume all existing liabilities of such districts as provided in K.S.A. 82a-643, and whether such agreement has been approved by the holders of all outstanding revenue bonds and promissory notes; and (5) state that the consolidated district will provide adequate water service within the area of the consolidated district.
History:
L. 1976, ch. 438, § 3; L. 1979, ch. 332, § 4; April 26.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-641 Same; hearing on petition; notice; publication.

82a-641.
Same; hearing on petition; notice; publication.
Whenever a petition is filed with the county clerk of the county having the largest number of participating members, as provided in K.S.A. 82a-640, such county clerk shall give notice to the board of county commissioners of such county of the filing and pendency of such petition. The board of county commissioners shall forthwith fix a place and time within 30 days from the date of the filing of the petition for a hearing thereon. The county clerk shall, at least 10 days before the date fixed for the hearing, give or send by registered or certified mail, written notice of the hearing to the chairperson of each district seeking consolidation, and shall transmit one copy of the petition and notice of the hearing to the chief engineer of the division of water resources. The county clerk shall also cause a notice of the hearing to be published once each week for two consecutive weeks in the official county newspaper. The last publication shall be not later than 10 days before the date set for the hearing. Such published notice shall: (1) Identify by name the districts seeking consolidation; (2) state the time and place of the hearing; (3) state that all interested persons may appear and be heard; and (4) state that a consolidated water district shall have no power or authority to levy any taxes whatsoever.
History:
L. 1976, ch. 438, § 4; L. 1981, ch. 173, § 83; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-642 Same; findings of board of county commissioners; consolidation order.

82a-642.
Same; findings of board of county commissioners; consolidation order.
If, at the time and place set for the hearing, the board of county commissioners shall find and determine that: (1) Notice of the hearing has been given as required by K.S.A. 82a-641; (2) the proposed consolidation has been approved by a majority of the members attending the special meeting of each district seeking consolidation as provided by K.S.A. 82a-640; (3) that the statements contained in the petition for consolidation are true, the board of county commissioners shall thereupon enter an order declaring the area within the boundaries of the rural water districts seeking consolidation to be incorporated as a consolidated rural water district under the name of "consolidated rural water district no. ____, ___________ county, Kansas" (inserting number in order of consolidation and name of county). The county clerk shall thereupon send a copy of such order to the chief engineer of the division of water resources and the secretary of state.
History:
L. 1976, ch. 438, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-643 Same; administration of property; powers of consolidated district; payment of revenue bonds, notes or other liabilities.

82a-643.
Same; administration of property; powers of consolidated district; payment of revenue bonds, notes or other liabilities.
At the time of the effective date of the consolidation, all the property of the original districts shall be combined and administered as one unit, and the consolidated district shall thereupon be invested with all the property benefits, franchises and privileges of the districts consolidated by the order and shall have all the powers of rural water districts. All revenue bonds, promissory notes or other liabilities theretofore incurred by any of the districts consolidated by the order shall be paid in accordance with the terms thereof only from revenues derived from the services and facilities of the original district unless the same have been approved for payment by the consolidated district in accordance with K.S.A. 82a-640.
History:
L. 1976, ch. 438, § 6; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-644 Same; election of officers of consolidated district; adoption of bylaws.

82a-644.
Same; election of officers of consolidated district; adoption of bylaws.
Immediately following entry of the order of consolidation by the board of county commissioners, the members of the boards of the former rural water districts which were consolidated shall meet and elect from among themselves a chairman, vice-chairman, secretary and treasurer. The offices of secretary and treasurer may be held by one person. No more than two (2) of such offices may be held by persons from one (1) of such former rural water districts. The members of such boards shall adopt the bylaws of one of the former districts with such changes and modifications as the directors shall deem necessary. The members of such boards of directors shall continue to serve as members of the board of directors of the consolidated district until the next annual meeting of the consolidated district as fixed in the bylaws, at which time a board of directors, not to exceed nine (9) in number, shall be elected in the same manner prescribed for the election of an original board under K.S.A. 82a-617.
History:
L. 1976, ch. 438, § 7; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-645 Same; participating members of consolidated district.

82a-645.
Same; participating members of consolidated district.
Participating members of each district forming a consolidated district shall be deemed to be participating members of the consolidated district.
History:
L. 1976, ch. 438, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-648 Mail ballot elections.

82a-648.
Mail ballot elections.
A rural water district organized under K.S.A. 82a-612 et seq., and amendments thereto, may provide for any election of the district to be conducted by mail ballot in accordance with the bylaws of the district.
History:
L. 2002, ch. 137, § 3; July 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; January 1, 1978.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) (1) 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:
(A) Apply in writing to the chief engineer for approval of any proposed change;
(B) demonstrate to the chief engineer that any proposed change is reasonable and will not impair existing rights;
(C) 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
(D) receive the approval of the chief engineer with respect to any proposed change.
(2) 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.
(3) If the chief engineer disapproves the application for change, the rights, priorities and duties of the applicant shall remain unchanged.
(4) 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   300
On and after July 1, 2028, 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   150
The 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; L. 2022, ch. 9, § 10; July 1.
2023 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.
2023 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.
2023 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.