reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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, 2028, 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; L. 2022, ch. 9, § 13; July 1.
2023 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.
2023 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; January 1, 1978.
2023 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.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-731 Water appropriation certification fund created; expenditures therefrom.

82a-731. Water appropriation certification fund created; expenditures therefrom.
There is hereby created in the state treasury the water appropriation certification fund. The chief engineer of the division of water resources of the Kansas department of agriculture shall remit all moneys received under K.S.A. 82a-708a, 82a-708b and 82a-727, and amendments thereto, and K.S.A. 82a-741, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the water appropriation certification fund. All expenditures from the water appropriation certification fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person designated by the secretary.
History:
L. 1982, ch. 4, § 21; L. 2001, ch. 5, § 471; L. 2004, ch. 101, § 143; L. 2011, ch. 89, § 27; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-732 Annual water use report required; penalty for violations.

82a-732. Annual water use report required; penalty for violations.
(a) The owner of a water right or permit to appropriate water for beneficial use, except for domestic use, shall file or cause to be filed an annual water use report for the previous calendar year on a form prescribed by the chief engineer of the division of water resources of the Kansas department of agriculture on or before March 1 following the end of the previous calendar year. The report shall completely and accurately set forth such water use information as requested by the chief engineer.
(b) Any owner of a water right or permit to appropriate water for beneficial use, except for domestic use, who fails to timely file a water use report or other documents required under the provisions of subsection (a) shall be subject to a civil penalty in an amount not to exceed $1,000 per water right. In addition to assessing a civil penalty as provided in this section, in the event the owner of a water right or permit to appropriate water for beneficial use fails to file or cause to be filed an annual water use report by June 1 of the calendar year in which it is due, the chief engineer may issue an order indefinitely suspending all water use under such water right or permit to appropriate water for beneficial use until such time as the annual water use report has been submitted or the chief engineer has determined that water use has been otherwise sufficiently documented with the division. The chief engineer upon a finding that the owner of a water right or permit to appropriate water for beneficial use has failed to file or cause to be filed such a report may impose a civil penalty, suspend the water right indefinitely, or require use of telemetry for the purpose of documentation.
(c) Any person filing a document knowing it to contain any false information as to a material matter shall be guilty of a class C misdemeanor.
(d) All fines 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.
(e) This section shall be part of and supplemental to the water appropriation act, K.S.A. 82a-701 et seq., and amendments thereto.
History:
L. 1988, ch. 395, § 1; L. 1991, ch. 292, § 4; L. 2004, ch. 101, § 144; L. 2016, ch. 71, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-734a Sand and gravel pits, land-based; prohibition on certain rules and regulations, conditions.

82a-734a. Sand and gravel pits, land-based; prohibition on certain rules and regulations, conditions.
Any rules and regulations adopted by the secretary of health and environment pursuant to K.S.A. 65-171d, and amendments thereto, shall not apply to land-based sand and gravel pits or aggregate mining operations utilizing washwater ponds if the only water or wastewater directed to the dredge pit or washwater pond consists of the following:
(a) Dredge return flows;
(b) flows generated from aggregate classification; or
(c) flows from washing aggregate, if water used in such flows is returned to the dredge pit or washwater pond.
History:
L. 2013, ch. 111, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-738 Studies and recommendations of chief engineer and state geological survey; report.

82a-738.
Studies and recommendations of chief engineer and state geological survey; report.
The chief engineer of the division of water resources of the department of agriculture and the state geological survey shall study and develop recommendations regarding: (a) The use of water banking as it pertains to sand and gravel pits; (b) calculation of evapotranspiration and its effects on consumptive use from sand and gravel pits, with special emphasis on salt cedar (tamarisk); and (c) the pollution control and flood control impacts of diverting water runoff into sand and gravel pits. On or before January 20, 2006, the chief engineer and the state geological survey shall submit a report of the study and recommendations to the house standing committee on environment and the senate standing committee on natural resources.
History:
L. 2004, ch. 100, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-739 Installation of water flow measurement and data recording devices below Cedar Bluff reservoir; authorization of property owners; dissemination of data and report to legislative committees.

82a-739.
Installation of water flow measurement and data recording devices below Cedar Bluff reservoir; authorization of property owners; dissemination of data and report to legislative committees.
The Kansas water office shall purchase one water flow measurement device, and any required data recording device for use with such water flow measurement device, and shall provide for the permanent installation of such devices below the dam of the Cedar Bluff reservoir in accordance with this section. The water flow measurement device and any required data recording device shall be installed at a downstream, man-made channel or drop structure. Prior to installing any such water flow measurement device and any required data recording device, the Kansas water office shall obtain a written authorization from all owners of the property at the location where the water flow measurement device and any required data recording device are to be installed. All data collected by such water flow measurement device shall be made available to the general public electronically through the internet on a real time basis as it is collected and shall be reported to the senate committee on natural resources, the senate committee on ways and means subcommittee on the Kansas water office, the house committee on environment, and the house agriculture and natural resources budget committee during the 2007 regular session of the legislature.
History:
L. 2006, ch. 198, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-741 Water conservation program; enrollment; application; fees; administration; rules and regulations.

82a-741. Water conservation program; enrollment; application; fees; administration; rules and regulations.
(a) The chief engineer may administer a water rights conservation program. An eligible water right in good standing may be enrolled in the program, subject to the approval of the chief engineer.
(b) A water right may be enrolled in the program for a period that shall not exceed 10 years. A water right enrolled in the program may be re-enrolled within two years of the expiration date of the previous enrollment period, subject to the approval of the chief engineer.
(c) Each application for enrollment in the program and each application for renewal of enrollment shall include a non-refundable fee not to exceed $300.
(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.
(e) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section.
History:
L. 2011, ch. 89, § 25; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-742 Division of a water right; application; fee.

82a-742. Division of a water right; application; fee.
(a) Any owner of a water right that is not deemed abandoned may divide that water right into two or more distinct water rights without losing priority, if such owner:
(1) Notifies the chief engineer in writing of the proposed division with the written consent of all persons having an ownership interest in the water right;
(2) designates the relative priority of the divided water rights;
(3) demonstrates to the chief engineer that the division is reasonable and will not increase consumptive use; and
(4) demonstrates to the chief engineer that the request does not violate the provisions of the Kansas water appropriation act.
(b) Acceptance of the request to divide a water right pursuant to this section shall not authorize any change in the place of use, point of diversion or use made of water, as provided in K.S.A. 82a-708b, and amendments thereto.
(c) If the chief engineer finds the request complies with subsections (a) and (b), the chief engineer shall issue an order dividing the water right and describing the terms and conditions of each water right. If the chief engineer finds the request does not comply with subsections (a) and (b), the request shall be returned and no action taken.
(d) In the event of a judicial determination of ownership interests resulting in a partition of a water right that is not deemed abandoned, the chief engineer shall issue an order dividing such water right in a manner consistent with the terms of the judicial determination to the extent it does not violate the provisions of the Kansas water appropriation act.
(e) Each request to divide a water right, pursuant to this section, shall be made on a form prescribed by the chief engineer and shall be accompanied by a fee of $300.
(f) 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.
(g) This section shall be part of and supplemental to the Kansas water appropriation act.
History:
L. 2012, ch. 133, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-743 Limited transfer permits; term; fee; base water right; rules and regulations.

82a-743. Limited transfer permits; term; fee; base water right; rules and regulations.
(a) Subject to existing water rights and the principle of beneficial use, the chief engineer may grant, upon application made therefor, limited transfer permits to authorize the use of up to 4,000,000 gallons from an existing water right. The term of such limited transfer permit will be limited to a single calendar year. Each application submitted for a limited transfer permit shall be on a form prescribed by the chief engineer and accompanied by an application fee of $200.
(b) (1) If the base water right is groundwater, the use of water can be transferred to another well within the same source of supply within two miles.
(2) If the base water right is surface water, the use can be transferred to another surface water use within the same surface water system.
(c) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section. Such rules and regulations shall require that there is no increase in consumptive use enabled by the transfer permit, prescribe necessary recordkeeping and reporting requirements, prevent impairment of existing rights and address any other matter deemed necessary by the chief engineer to protect the public interest.
(d) 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.
(e) 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.
(f) This section shall be part of and supplemental to the Kansas water appropriation act.
History:
L. 2013, ch. 111, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-744 Water management and conservation measures; due consideration by chief engineer.

82a-744. Water management and conservation measures; due consideration by chief engineer.
(a) The chief engineer shall give due consideration to water management or conservation measures previously implemented by a water right holder when implementing any further limitations on a water right pursuant to any program established or implemented on and after July 1, 2015. The chief engineer shall take into account reductions in water use, changes in water management practices and other measures undertaken by such water right holder.
(b) This section shall be part of and supplemental to the Kansas water appropriation act.
History:
L. 2015, ch. 60, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-761 Title; implementation.

82a-761.
Title; implementation.
(a) K.S.A. 82a-761 through 82a-773, and amendments thereto, may be cited as the Kansas water banking act.
(b) Implementation of the provisions of the water banking act shall be subject to the availability of appropriations for that purpose.
History:
L. 2001, ch. 160, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-762 Definitions.

82a-762.
Definitions.
As used in this act:
(a) "Bank boundary" means the geographic area where a water bank operates and conducts the functions of a water bank and may encompass more than one hydrologic unit.
(b) "Bank charter" means a document that sets out the articles of incorporation and principal functions of a water bank.
(c) "Bankable water right" means a water right that has been determined pursuant to K.S.A. 82a-764, and amendments thereto, to be bankable.
(d) "Chief engineer" means the chief engineer of the division.
(e) "Conservation element" means the portion of a deposit that is taken out of use for the duration of the deposit and is not allowed to be withdrawn and used by subsequent users.
(f) "Deposit," other than as used in "safe deposit account," refers to the deposit of a water right, or portion of a water right, in a water bank for the purpose of having the bank lease water from such water right, or portion of a water right, to another person or entity.
(g) "Division" means the division of water resources of the Kansas department of agriculture.
(h) "Hydrologic unit" means a defined area from which water rights authorizing diversion of water from a source of supply may be deposited and from which water from the same source of supply may be leased, in accordance with the provisions of this act, without causing impairment of existing water rights or a significantly different hydrological effect to other users of water from the same source or hydraulically connected sources of supply.
(i) "Linked water rights" means two or more water rights that authorize common points of diversion or a common place of use, or both.
(j) "Safe deposit account" means a personal account held in a water bank where unused water from a bankable water right is placed for use in future years.
(k) "Term permit" means a permit to appropriate water for a specified period of time.
(l) "Water bank" means a private not-for-profit corporation that: (1) Leases water from water rights that have been deposited in the bank; and (2) provides safe deposit accounts. A water bank may be a groundwater bank or a surface water bank, or both.
History:
L. 2001, ch. 160, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-764 Bankable water right, determination of.

82a-764.
Bankable water right, determination of.
Before a water right or portion of a water right shall be accepted for deposit in a water bank or water from a water right shall be placed in a safe deposit account, the bank, with the assistance of the division, shall determine whether the water right is bankable, as follows: (a) The right is vested or has been issued a certificate of appropriation; and (b) the right has not been abandoned and is in good standing, based on past water usage and compliance with the terms of the holder's permit and all applicable provisions of law and orders of the chief engineer.
History:
L. 2001, ch. 160, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-766 Water bank annual reports.

82a-766. Water bank annual reports.
(a) On or before April 15 of each year, each water bank shall submit to the chief engineer a report containing the following:
(1) With regard to water rights or portions of water rights on deposit in the bank during the last year: (A) The total quantity of water authorized to be diverted annually pursuant to each such water right or portion of a water right; (B) the total quantity of water used, by purpose of use, and acres irrigated for the portion authorized to be used for irrigation, during the last year as a result of leases of such water rights or portions of water rights; and (C) the total quantity of water used, by purpose of use, and acres irrigated for the portion authorized for irrigation pursuant to such water rights or portions of water rights during the two years preceding the last year; and
(2) with regard to water in each safe deposit account in the bank: (A) An accounting of the total quantity of water placed in such accounts during the past year and a balance at year end; (B) the total quantity of water used during the past year, and acres irrigated if an irrigation water right, from the account; (C) the total quantity of water authorized to be diverted annually, the quantity actually used and the acres irrigated, if an irrigation water right, during the past year pursuant to the water rights or linked water rights related to such account; and (D) the total quantity of water used and acres irrigated pursuant to such water rights during the two years preceding the last year.
(b) The report required by this section shall be in the form prescribed by the chief engineer.
History:
L. 2001, ch. 160, § 6; L. 2012, ch. 106, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-768 Application of law relating to abandonment of water right.

82a-768.
Application of law relating to abandonment of water right.
Depositing a water right in a water bank or placement of water in a safe deposit account in a water bank shall constitute due and sufficient cause pursuant to K.S.A. 82a-718, and amendments thereto, for failure to use water for a lawful, beneficial use for the term of the deposit or the placement.
History:
L. 2001, ch. 160, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-770 Enforcement of act.

82a-770.
Enforcement of act.
(a) In addition to any other provision of this act or the Kansas water appropriation act, and subject to the provisions of subsection (b), the chief engineer may suspend the use of water under a term permit, an approved application for a permit to appropriate water for beneficial use, an appropriation right or a vested right, acquired pursuant to the provisions of the Kansas water appropriation act, for the failure to comply with the provisions of this act. The suspension may be for a defined period in a subsequent calendar year or years but does not include or prevent the enforcement of the terms, conditions and limitations of a water right or permit during the current year of use.
(b) The chief engineer shall suspend the use of water under a permit or water right pursuant to subsection (a) only upon notice and hearing in accordance with the provisions of the Kansas administrative procedure act.
(c) Orders of the chief engineer issued pursuant to this section are subject to review in accordance with the provisions of K.S.A. 82a-1901, and amendments thereto.
History:
L. 2001, ch. 160, § 10; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-771 Payment of certain costs of water bank.

82a-771.
Payment of certain costs of water bank.
Each water bank shall pay all costs incurred by the division and by the Kansas water office for assistance and services provided pursuant to this act, including, but not limited to, costs for personnel necessary to provide such assistance and services.
History:
L. 2001, ch. 160, § 11; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-772 Water resources cost fund.

82a-772.
Water resources cost fund.
(a) There is hereby created in the state treasury the water resources cost fund. The chief engineer shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the division to reimburse costs as required by K.S.A. 82a-771, and amendments thereto. Upon receipt, the state treasurer shall deposit the entire amount in the state treasury and credit it to the water resources cost fund.
(b) Moneys in the water resources cost fund shall be expended only for the division's costs of providing assistance and services as provided by this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the water resources cost fund interest earnings based on:
(1) The average daily balance of moneys in the water resources cost fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the water resources cost fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief engineer for the purposes set forth in this section.
History:
L. 2001, ch. 160, § 12; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-773 Water office cost fund.

82a-773.
Water office cost fund.
(a) There is hereby created in the state treasury the water office cost fund. The director of the Kansas water office shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the water office to reimburse costs as required by K.S.A. 82a-771, and amendments thereto. Upon receipt, the state treasurer shall deposit the entire amount in the state treasury and credit it to the water office cost fund.
(b) Moneys in the water office cost fund shall be expended only for the Kansas water office's costs of providing assistance and services as provided by this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the water office cost fund interest earnings based on:
(1) The average daily balance of moneys in the water office cost fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the water office cost fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Kansas water office for the purposes set forth in this section.
History:
L. 2001, ch. 160, § 13; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 7 - Appropriation Of Water For Beneficial Use › 82a-774 Water in a safe deposit account associated with a water bank; prohibition on participation in a multi-year flex account.

82a-774. Water in a safe deposit account associated with a water bank; prohibition on participation in a multi-year flex account.
(a) For purposes of K.S.A. 82a-736 and 82a-764, and amendments thereto, a water right or any portion of a water right that has been deposited, enrolled or placed in a safe deposit account associated with a water bank established pursuant to the Kansas water banking act, K.S.A. 82a-761 et seq., and amendments thereto, shall not be eligible to be enrolled in a multi-year flex account that begins during a calendar year in which water from such water right or portion of a water right was withdrawn from a safe deposit account. Water from a water right that has been deposited, enrolled or placed in a safe deposit account associated with a water bank established pursuant to the Kansas water banking act, K.S.A. 82a-761 et seq., and amendments thereto, shall not be withdrawn from a safe deposit account while such water right is enrolled in a multi-year flex account.
(b) A water right shall be considered enrolled in a multi-year flex account until the end of the calendar year in which the multi-year flex account permit expires, even if the allocation under the multi-year flex account is exhausted prior to the expiration of the multi-year flex account permit.
History:
L. 2023, ch. 76, § 2; May 4.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 9 - State Water Resource Planning › 82a-901a Legislative declaration.

82a-901a.
Legislative declaration.
The people of the state can best achieve the proper utilization and control of the water resources of the state through comprehensive planning which coordinates and provides guidance for the management, conservation and development of the state's water resources.
History:
L. 1981, ch. 398, § 1; July 1.