reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 2 - Elevators And Warehouses; Certificates And Receipts › 82-203 Statement in certificate as to compliance with law; title of holder; transfer.

82-203.
Statement in certificate as to compliance with law; title of holder; transfer.
Each certificate or receipt issued by any such person, firm or corporation under the provisions of this act shall have printed on the back thereof a statement that the party issuing the same has complied with the requirements of K.S.A. 82-202, giving the book, page and name of the county where the record of such declaration may be found. When such certificate or receipt is so issued and delivered, it shall have the effect of transferring to the holder thereof the title to the commodities therein described or enumerated, and shall thereafter be assignable and transferable by delivery, and such delivery shall transfer to any bona fide holder in due course the title to the commodities therein described and enumerated against all persons claiming title subsequent to the issuing and delivery of such certificates or receipts.
History:
L. 1905, ch. 224, § 3; March 4; R.S. 1923, 82-203.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 2 - Elevators And Warehouses; Certificates And Receipts › 82-204 Register of certificates for receipts; inspection.

82-204.
Register of certificates for receipts; inspection.
All certificates or receipts given under the provisions of this chapter shall be registered by the party issuing them in a book kept for the purpose, showing the date thereof, the number of each, the name of the party to whom issued, the quantities and kinds of commodities enumerated therein, and the brands or other distinguishing marks thereon, if any, which book shall be open to the inspection of any person holding any of the certificates or receipts that may be outstanding and in force, or his or her agent or attorney, and when any commodity enumerated in any such certificate is delivered to the holder thereof, or it in any other manner becomes inoperative, the fact and date of such delivery or other termination of such liability shall be entered in such register, in connection with the original entry of the issuance thereof.
History:
L. 1905, ch. 224, § 4; March 4; R.S. 1923, 82-204.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 2 - Elevators And Warehouses; Certificates And Receipts › 82-205 Existence and custody of property; second certificate.

82-205.
Existence and custody of property; second certificate.
No person, firm or corporation shall issue any elevator or warehouse certificates or receipts for any of the commodities mentioned in this chapter unless such property is actually in the elevator or warehouse or structure mentioned therein as the place where such commodity is stored, and it shall remain there until otherwise ordered by the lawful holder of such certificate or receipt, subject only to the lien of the warehouseman thereon and his or her right to enforce the same. No second certificate or receipt shall be issued for the same property or any part thereof while any other or prior certificate is outstanding and in force, nor shall any such commodities be sold, encumbered, transferred or removed from such elevator, warehouse or other structure wherein the same was stored at the time such certificate or receipt was issued by the warehouseman or any agent or employee thereof without the written consent of the holder thereof endorsed thereon.
History:
L. 1905, ch. 224, § 5; March 4; R.S. 1923, 82-205.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 2 - Elevators And Warehouses; Certificates And Receipts › 82-206 Damages recovered upon violation of act.

82-206.
Damages recovered upon violation of act.
Any one injured by the violation of any of the provisions of this chapter may recover the actual damages sustained on account thereof.
History:
L. 1905, ch. 224, § 6; March 4; R.S. 1923, 82-206.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 2 - Elevators And Warehouses; Certificates And Receipts › 82-207 Unlawful acts; penalty.

82-207.
Unlawful acts; penalty.
Any person who shall willfully alter or destroy any register or certificate or receipt provided for in this chapter, or issue any receipt or certificate without entering or preserving in such book the registered memorandum; or who shall knowingly issue any certificate or receipt therein provided for, when the commodity or commodities therein enumerated are not in fact in the building or buildings it is certified they are in; or shall, with intent to defraud, issue a second or other certificate for any such commodity for which, or for any part of which, a former valid certificate or receipt is outstanding and in force; or shall, while any valid certificate or receipt for any part of the commodities mentioned in this chapter is outstanding and in force, sell, encumber, ship, transfer or remove from the elevator, warehouse or building where the same is stored any such certified property, or knowingly permit the same to be done, without the written consent of the holder of such certificate or receipt, or if any person knowingly receives any such property or helps to remove the same, he or she shall upon conviction be punished by fine not exceeding ten thousand dollars, or by imprisonment in the state prison not exceeding five years.
History:
L. 1905, ch. 224, § 7; March 4; R.S. 1923, 82-207.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 2 - Elevators And Warehouses; Certificates And Receipts › 82-208 Mingling of property.

82-208.
Mingling of property.
Nothing in this act shall be construed as prohibiting or preventing warehousemen from mingling in common bins grains or seeds, mill products, or any other merchandise or product, of the same grade, and issuing certificates or receipts therefor, and drawing out and shipping said grain or seeds from said bins, provided that a sufficient quantity of such grains or seeds shall be retained and kept in said bins to represent and satisfy all outstanding receipts or certificates.
History:
L. 1905, ch. 224, § 8; March 4; R.S. 1923, 82-208.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 2 - Elevators And Warehouses; Certificates And Receipts › 82-209 Continuance of existing laws concerning warehouse receipts.

82-209.
Continuance of existing laws concerning warehouse receipts.
Nothing in this act shall be construed to affect, interfere with or impair any rights of issuing and negotiating warehouse receipts or certificates under any existing law or under any regulation of any chamber of commerce or board of trade within this state.
History:
L. 1905, ch. 224, § 9; March 4; R.S. 1923, 82-209.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 1 - Power Plant Dams › 82a-101 Erection and maintenance of dams, ditches or races over land of another.

82a-101.
Erection and maintenance of dams, ditches or races over land of another.
When any person, corporation or city may be desirous of erecting and maintaining a milldam or dam for generating power upon his, her or its own land across any watercourse, and shall deem it necessary to raise the water by means of such dam, or occupying grounds for mill yard or power plant structures, so as to damage by overflowing or otherwise real estate not owned by him, her or it nor damaged by consent, and in cases where it is necessary to the more efficient running and operating any such mill or power plant to turn any adjacent stream or spring into the one on which the mill or power plant is situated, the party so desiring to use the same may run the stream over the land of any other person by ditching or otherwise, and he, she or it may obtain the right to erect and maintain said dam and keep up and maintain the necessary ditches or races by proceeding as is prescribed in the act to which this act is amendatory.
History:
L. 1867, ch. 87, § 1; G.S. 1868, ch. 66, § 1; L. 1869, ch. 47, § 1; L. 1917, ch. 177, § 1; May 26; R.S. 1923, 59-101.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 1 - Power Plant Dams › 82a-102 Eminent domain.

82a-102.
Eminent domain.
He, she or it shall proceed to exercise the right of eminent domain in the manner provided in K.S.A. 26-501 to 26-516, inclusive.
History:
L. 1867, ch. 87, § 2; G.S. 1868, ch. 66, § 2; R.S. 1923, 59-102; L. 1963, ch. 234, § 96; January 1, 1964.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 1 - Power Plant Dams › 82a-114 Limitation of actions.

82a-114.
Limitation of actions.
No action for damages occasioned by the erection of a milldam shall be hereafter sustained unless such action be brought within two years after the erection of said dam, nor any action for the maintenance of a dam already erected unless brought within one year after the passage of this act.
History:
L. 1867, ch. 87, § 14; G.S. 1868, ch. 66, § 14; R.S. 1923, 59-114.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 1 - Power Plant Dams › 82a-115 Right to maintain or raise milldam heretofore erected.

82a-115.
Right to maintain or raise milldam heretofore erected.
Any person may obtain a right to maintain a milldam heretofore erected, or raise a milldam, upon his or her own land, by complying with the provisions of this act, adapting his or her petition to the nature of the case.
History:
L. 1867, ch. 87, § 15; G.S. 1868, ch. 66, § 15; R.S. 1923, 59-115.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 1 - Power Plant Dams › 82a-116 Acts or omissions entailing forfeiture of rights.

82a-116.
Acts or omissions entailing forfeiture of rights.
Any person having obtained the right to erect and maintain, or to maintain or raise any dam, under the provisions of this act, who shall not, within one year thereafter, begin to build said dam and finish the same, or who, having already erected said dam, shall, for the same length of time, fail to proceed, under the provisions of this act, to perfect his or her right to maintain the same, and apply the water power thereby created to the purposes stated in his or her petition, within three years, or in case the said dam and mills connected therewith shall be destroyed, shall not begin to rebuild it one year after such destruction, and finish it in three years, or, having erected such mills, shall fail to keep them in operation for two years at any one time, shall forfeit all rights acquired by virtue of the provisions of this act.
History:
L. 1867, ch. 87, § 16; G.S. 1868, ch. 66, § 16; R.S. 1923, 59-116.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-201 Acquisition by state of new channel where stream altered.

82a-201.
Acquisition by state of new channel where stream altered.
Whenever the channel, or any part thereof, of any navigable stream in the state of Kansas has heretofore been, or shall hereafter be, suddenly changed or altered by such stream establishing a new channel by flood or avulsion and the title to the abandoned channel is not controlled by K.S.A. 24-454, the secretary of state, as soon as practicable thereafter, shall procure the fee title in the state of Kansas to such new channel, by purchase or by condemnation proceedings.
History:
L. 1927, ch. 341, § 1; L. 1974, ch. 364, § 30; L. 1978, ch. 430, § 8; April 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-202 Same; secretary of state to procure title; limitation on cost.

82a-202.
Same; secretary of state to procure title; limitation on cost.
In the event that the channel, or any part thereof, of any navigable stream has heretofore been, or shall hereafter be, altered or changed in the manner described in K.S.A. 82a-201, the secretary of state, as soon as practicable, shall enter into negotiations with the owner or owners of the title to such new channel for the purpose of procuring deeds conveying title in fee to the state of Kansas for such new channel between the banks thereof, at high-water mark, for such sum or sums as may be agreed upon between the owner or owners and the secretary of state. No sum shall be paid for the new channel in excess of the net amount realized from the sale of the corresponding abandoned channel.
History: L. 1927, ch. 341, § 2; L. 1974, ch. 364, § 31; January 13, 1975.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-203 Same; condemnation proceedings authorized; abandonment, when.

82a-203.
Same; condemnation proceedings authorized; abandonment, when.
In the event that the secretary of state and the owner or owners, of such new channel cannot agree upon a purchase price for the new channel, the secretary of state shall cause proceedings to be instituted to obtain title in fee to the new channel by condemnation. In the event the amount of money necessary to purchase the new channel, as ascertained by the condemnation proceedings, shall exceed the net amount realized from the sale of the corresponding abandoned channel, the secretary of state shall abandon the condemnation proceedings and be relieved from further duty to obtain title to the new channel unless he or she can procure the title as provided in K.S.A. 82a-202.
History: L. 1927, ch. 341, § 3; L. 1974, ch. 364, § 32; January 13, 1975.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-204 Payment for new channel; survey, appraisal, and sale of old channel; application of proceeds.

82a-204.
Payment for new channel; survey, appraisal, and sale of old channel; application of proceeds.
For the purpose of acquiring the new channel, the secretary of state shall cause the land in the corresponding abandoned channel to be surveyed by a surveyor, selected by him or her, and shall thereafter sell and convey the same, or any part thereof, by grant or patent. Any such survey and appropriate field notes, maps, records or other papers relating thereto shall be filed with the register of the state land office. Such land shall, if possible, be sold at the best price obtainable, to be agreed upon between the secretary of state, and any person desiring to buy the same. If it is not possible for such prospective purchaser and the secretary of state to agree upon a price, then the land shall be sold by the secretary of state as one tract, or in different tracts, under an appraisement made by three disinterested persons residing in the county or counties where such abandoned channel is located. Such appraisers shall be appointed by the secretary of state. The sale price shall be not less than three-fourths of the appraised value, and in no case shall such land be sold for less than the cost of surveying, appraising and selling the same. The proceeds arising from the sale shall be applied as follows: First, to the payment of all expenses necessarily incurred in surveying, appraising and selling the same. Second, to purchase the fee title to the bed of the new channel. Third, the balance, if any, to be remitted to the state treasurer and deposited in the state treasury to the credit of the state general fund.
History:
L. 1927, ch. 341, § 4; L. 1974, ch. 364, § 33; L. 1978, ch. 430, § 9; April 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-205 Conveyance of old channel.

82a-205.
Conveyance of old channel.
Whenever a sale of land is made under article 2 of chapter 82a of Kansas Statutes Annotated, the secretary of state shall cause to be executed and delivered a good and sufficient deed or patent, conveying to the purchaser or purchasers of said land, all of the title of the state of Kansas therein.
History:
L. 1927, ch. 341, § 5; L. 1974, ch. 364, § 34; L. 1978, ch. 430, § 10; April 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-210 Same; disposition of proceeds from sale.

82a-210.
Same; disposition of proceeds from sale.
The proceeds arising from the sale of any such land shall be remitted by the secretary of state to the state treasurer who shall deposit the entire amount thereof in the state treasury to the credit of the state general fund.
History:
L. 1978, ch. 430, § 2; April 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-211 Same; execution of patent.

82a-211.
Same; execution of patent.
Upon any sale being made and completed as hereinbefore provided, the secretary of state shall cause to be executed and delivered a good and sufficient grant or patent conveying to the purchaser or purchasers of said land, or tracts of land, so sold, all of the title of the state of Kansas in and to each of said tracts of land.
History:
L. 1978, ch. 430, § 3; April 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-212 Lease or construction and maintenance easement of certain island in Kansas river in Douglas county to public utility; limitations and period; survey and appraisement; price; disposition of proceeds.

82a-212.
Lease or construction and maintenance easement of certain island in Kansas river in Douglas county to public utility; limitations and period; survey and appraisement; price; disposition of proceeds.
(a) The secretary of state is hereby authorized to lease or grant a construction and maintenance easement to a public utility in the tract of land which forms the island in the Kansas river in the South 1/2 of Section 11 and the North 1/2 of Section 14 in Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas county, Kansas, for a construction project and the maintenance thereof. Such lease or easement shall be for a period of time of not to exceed 33 years and shall be limited to that portion of such island necessary for such construction project and the maintenance thereof.
(b) If the secretary of state determines that no adequate survey of such tract of land is available, the secretary shall cause such tract of land to be surveyed by a surveyor selected by the secretary. Any survey conducted under this act and appropriate field notes, maps, records and other papers relating to such survey shall be filed with the register of the state land office. A certified copy of such survey may be filed in the office of the register of deeds of Douglas county.
(c) The secretary of state shall obtain an appraisement of the proposed lease or grant of an easement under this section, made by three disinterested persons residing in Douglas county appointed by the secretary of state. The secretary of state shall obtain the best price available for any such lease or grant of an easement, to be agreed upon between the public utility and the secretary of state, acting for and in behalf of the state of Kansas. In no case shall such price be less than the costs incurred by the secretary of state under this act, including but not limited to surveying and appraising such tract of land.
(d) All moneys received by or for the secretary of state under this act shall be remitted by the secretary of state 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 state general fund.
History:
L. 1980, ch. 257, § 1; L. 2001, ch. 5, § 470; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-214 Easement for water appropriation purposes; limitations.

82a-214.
Easement for water appropriation purposes; limitations.
The secretary of state is hereby authorized and directed to grant an easement to the MBPXL corporation on a tract of land owned by the state of Kansas along the south bank of the Arkansas river in the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 5 in Township 27 South, Range 24 West in Ford county, Kansas, for the purpose of locating, constructing, operating and maintaining diversion works for the appropriation of water. Such easement shall be conditioned on such corporation assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. Such easement shall terminate if the land is no longer used for the purpose for which the easement was granted.
History:
L. 1981, ch. 322, § 1; May 13.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-215 Easement for construction of diversion works along Kansas river for city of Topeka; conditions; authorization.

82a-215.
Easement for construction of diversion works along Kansas river for city of Topeka; conditions; authorization.
(a) The secretary of state is hereby authorized and directed to grant an easement to the city of Topeka, Kansas, on a tract of land owned by the state of Kansas along the south and north banks of the Kansas river described as follows: Commencing at the southwest corner of the northwest quarter of section 26, township 11 south, range 15 east of the 6th p.m.; thence on a line 89°59′28″ along the south line of the northwest quarter, a distance of 1305.42 feet to the southeast corner of government survey lot 4; thence on a line 31°25′19″, a distance of 2,475.90 feet to the point of beginning; thence on a line 254°45′25″ a distance of 861.04 feet; thence on a line 311°43′22″, a distance of 1,277.83 feet; thence on a line 78°43′22″, a distance of 1,809.23 feet; thence on a line 169°23′29″, a distance of 963.02 feet; thence on a line 259°23′29″, a distance of 170.00 feet to the point of beginning. Less that part of the above described tract lying northerly of the northerly high bank of the Kansas river and less that part of such tract lying southerly of the southerly high bank of the Kansas river.
(b) Such easement shall be conditioned on the city of Topeka assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. Such easement shall terminate if the land is no longer used for the purpose for which the easement was granted.
(c) The city of Topeka, Kansas, is hereby authorized to acquire the easement described in subsection (a) and to use such easement for the purpose of locating, constructing, maintaining and operating diversion works for the appropriation of water and to assume full responsibility for such use and hold the state of Kansas harmless therefor.
History:
L. 1987, ch. 399, § 1; L. 1987, ch. 329, § 1; May 28.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-216 Conveyance of land accredited due to Missouri river channel change.

82a-216.
Conveyance of land accredited due to Missouri river channel change.
The secretary of state is hereby authorized and directed to cause to be conveyed by quitclaim deed, without consideration, any title of the state of Kansas in any tract of land located in Atchison county or Doniphan county between the west Missouri river meander line established by the Kansas survey of 1872 and the east Missouri river meander line established by the Missouri survey of 1862 to the person or persons claiming such tract under color of title.
History:
L. 1989, ch. 250, § 1; April 13.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-217 Conveyance of abandoned river channel to city of Ogden.

82a-217.
Conveyance of abandoned river channel to city of Ogden.
The secretary of state is hereby authorized and directed to cause to be conveyed by quitclaim deed, without consideration, any title of the state of Kansas in any tract of land located in the abandoned Kansas river channel located within the corporate limits of the city of Ogden, Kansas, as of the effective date of this act.
History:
L. 1991, ch. 249, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-218 Easement for stream crossing on Arkansas river in Finney county.

82a-218.
Easement for stream crossing on Arkansas river in Finney county.
(a) The secretary of state is hereby authorized to grant a construction and maintenance easement to Finney county in, along and across the Arkansas river at a location in the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 23, Township 24 South, Range 33 West, in Finney county, Kansas, for the purpose of constructing and maintaining a stream crossing.
(b) The easement authorized by this section shall be conditioned on Finney county's assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. The easement shall terminate if the land is no longer used for the purpose for which the easement was granted.
(c) Finney county is hereby authorized to acquire the easement described in subsection (a) and to use the easement for the purpose of constructing and maintaining a stream crossing and to assume full responsibility for such use and hold the state of Kansas harmless therefor.
History:
L. 1997, ch. 20, § 1; April 10.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-219 Easement for sanitary sewer to the city of Ogden.

82a-219.
Easement for sanitary sewer to the city of Ogden.
(a) The secretary of state is hereby authorized and directed to grant a permanent sanitary sewer easement to the city of Ogden on a tract of land owned by the state of Kansas in the following described real property:
A tract of land lying 40 feet on each side of a line located in the northwest quarter of section 18, township 11 south, range 7 east of the 6th P.M. in Riley county, Kansas, said line more particularly described as follows:
Commencing at the Northwest corner of said section 18; Thence along the north line of the northwest quarter of said section 18 S.89°17′55″E. 1021.61 feet (S.89°17′55″E. being an assumed bearing); Thence S.0°42′05″W. 2068.78 feet to the point of beginning, being on the westerly line of "the state of Kansas" tract as described on page 766 of book 483 at the Riley county register of deeds; thence S.55°49′16″E. to the west or left normal high water line of the Kansas river, being the point of terminus.
For the purpose of construction and maintenance of the outfall pipe and a concrete headwall for the Ogden wastewater treatment facility, such easement shall be conditioned on such facility assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefore. Such easement shall terminate if the land is no longer used for the purpose for which the easement was granted.
(b) The deed conveying the easement described under subsection (a) shall be approved by the attorney general and shall be executed by the secretary of state. The deed for the conveyance may be warranty deed or by quitclaim deed as determined to be in the best interest of the state by the attorney general in consultation with the secretary of state.
(c) In the event that the secretary of state determines that the legal description of the parcel described by this section is incorrect, the secretary of state may convey the easement utilizing the correct legal description but the deed conveying the easement shall be subject to the approval of the attorney general.
(d) The conveyance of the easement authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a or K.S.A. 75-6609 or 75-6610, and amendments thereto.
History:
L. 2010, ch. 78, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-220 Grant of streambank easements by director of Kansas water office; definitions; authority; notice; filing; rules and regulations.

82a-220. Grant of streambank easements by director of Kansas water office; definitions; authority; notice; filing; rules and regulations.
(a) As used in this act:
(1) "Conservation project" means any project or activity that the director of the Kansas water office determines will assist in restoring, protecting, rehabilitating, improving, sustaining or maintaining the banks of the Arkansas, Kansas or Missouri rivers from the effects of erosion;
(2) "director" means the director of the Kansas water office; and
(3) "state property" means real property currently owned in full or in part by the state in the Arkansas, Kansas or Missouri rivers in Kansas, in and along the bed of the river to the ordinary high water mark on the banks of such rivers.
(b) (1) The director is hereby authorized to negotiate and grant easements on state property for construction and maintenance of conservation projects with cooperating landowners in such projects for the expected life of the project and with such terms and conditions as the director, after consultation with the Kansas department of agriculture, the Kansas department of health and environment, the Kansas department of wildlife and parks and the Kansas department of agriculture division of conservation, may deem appropriate.
(2) Notice of the easement shall be given to the county or counties in which the easement is proposed and to any municipality or other governmental entity that, in the opinion of the director, holds a riparian interest in the river and may have an interest in the project or results thereof. Those persons or entities receiving notice shall have a period, not to exceed 30 days, to provide comment on the proposed easement to the director.
(3) In the event such an easement is proposed to be granted on state property owned or managed by any other agency of the state, the director shall give notice of the proposed easement and project to that agency and shall jointly negotiate any easement so granted.
(4) A copy of all easements so entered shall be filed by the director with the office of the secretary of state and the office of the register of deeds for the county or counties in which the easement is located.
(c) The director shall adopt rules and regulations necessary to carry out the provisions of this act.
History:
L. 2011, ch. 29, § 1; L. 2012, ch. 140, § 133; L. 2023, ch. 7, § 145; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 2 - Navigable Waters › 82a-221 Easement for emergency management boat ramp on Kansas river in Wyandotte county.

82a-221. Easement for emergency management boat ramp on Kansas river in Wyandotte county.
(a) The secretary of state is hereby authorized and directed to grant an easement on land owned by the state of Kansas along the north bank of the Kansas river in Wyandotte county and within and without the city of Kansas City, Kansas, to the unified government of Wyandotte county/Kansas City for use as a boat ramp. Such easement shall be 80 feet in width and shall be 40 feet on each side of the following described line: Commencing at the northwest corner of southwest quarter of section 22-T11S, R25E; Thence north 86 degrees 14 minutes 35 seconds east, along the north line of said southwest quarter, 1363.51 feet, to a point on the centerline of 7th street (US 169 highway); Thence south 03 degrees 39 minutes 31 seconds east, along said centerline of 7th Street, 1140.53 feet, to a point on the north line of the kaw valley drainage district permanent easement; Thence south 47 degrees 23 minutes 54 seconds east, 310.05 feet, to a point at the northerly end center point of a 20.00 foot wide boat ramp; Thence south 63 degrees 26 minutes 06 seconds east, 150.00 feet, along the centerline of said boat ramp to the approximate water line of the Kaw river; Thence continuing south 63 degrees 23 minutes 06 seconds east, 36.00 feet, along the centerline of said boat ramp to the southerly end of said boat ramp; subject to survey and any easement and restrictions of record.
(b) The unified government of Wyandotte county/Kansas City is hereby authorized to acquire the easement described in subsection (a) for use as an emergency management boat ramp for the Kansas City, Kansas fire department. Such easement shall be conditioned on the unified government of Wyandotte county/Kansas City prohibiting public access to such easement and assuming full responsibility for such use and holding the state of Kansas harmless therefor.
(c) The legal document granting the easement described under subsection (a) shall be approved by the attorney general and shall be executed by the secretary of state. The conveyance may be in such form as determined to be in the best interest of the state by the attorney general in consultation with the secretary of state.
(d) In the event the secretary of state determines that the legal description of the parcel described by this section is incorrect, the secretary of state may grant the easement utilizing the correct legal description but the legal document granting the easement shall be subject to approval by the attorney general.
(e) The conveyance of the easement authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a or K.S.A. 75-6609, and amendments thereto.
History:
L. 2014, ch. 4, § 1; March 27.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-301a Exclusive regulation and supervision of dams and other water obstructions by chief engineer.

82a-301a.
Exclusive regulation and supervision of dams and other water obstructions by chief engineer.
It is the intent of the legislature by this act to provide for the exclusive regulation of construction, operation and maintenance of all dams or other water obstructions by the state to the extent required for the protection of public safety. All dams or other water obstructions are declared to be under the jurisdiction of the division of water resources of the Kansas department of agriculture and the chief engineer thereof. The chief engineer or his or her authorized representative shall supervise the construction, modification, operation and maintenance of dams or other water obstructions for the protection of life and property.
History:
L. 1978, ch. 431, § 1; L. 2004, ch. 101, § 135; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-302 Applications for consent or permit, fees; contents; rules and regulations; permit fees.

82a-302. Applications for consent or permit, fees; contents; rules and regulations; permit fees.
(a) Except as otherwise provided for general permits, each application for the consent or permit required by K.S.A. 82a-301, and amendments thereto, shall be accompanied by complete maps, plans, profiles and specifications of such construction, modification or addition proposed to be made, the required application fee as provided in subsection (b) unless otherwise exempted, and such other data and information as the chief engineer may require. The chief engineer shall adopt rules and regulations for the issuance of a general permit which may be issued for projects which require limited supervision and review.
(b) (1) The application fee for a permit to construct, modify or add to a dam shall be $200.
(2) The application fee for a permit to construct, modify, or add to a water obstruction or to change or diminish the course, current or cross section of a stream shall be based on the watershed area.
Watershed Area Above the Project     Permit Application Fee
Less than 5 square miles      $100
Between 5 and 50 square miles      $200
More than 50 square miles      $500
(3) The application fee for a general permit shall be $100.
(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-328, and amendments thereto.
History:
L. 1929, ch. 203, § 2; L. 1978, ch. 431, § 7; L. 2002, ch. 138, § 3; L. 2010, ch. 17, § 211; L. 2013, ch. 111, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-303 Same; conditions to permits; unlawful acts.

82a-303.
Same; conditions to permits; unlawful acts.
The chief engineer of the division of water resources shall have power to grant or withhold such consent or permit or may incorporate in and make a part of said consent or permit such terms, conditions and restrictions as may be deemed by him or her advisable. It shall be unlawful to: (a) Construct or begin the construction of any dam or other water obstruction, or (b) make or begin any change or addition in any dam or other water obstruction, except in accordance with the terms, conditions and restrictions of such consent or permit, and such rules and regulations as may be adopted by the chief engineer of the division of water resources.
History: L. 1929, ch. 203, § 3; L. 1978, ch. 431, § 8; April 11.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-303a Rules and regulations by chief engineer.

82a-303a.
Rules and regulations by chief engineer.
The chief engineer of the division of water resources of the Kansas department of agriculture shall adopt and may from time to time amend rules and regulations in order to establish standards for the construction, modification, operation and maintenance of dams and other water obstructions and to administer and enforce the provisions of this act.
History:
L. 1978, ch. 431, § 2; L. 2004, ch. 101, § 136; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-303c Violations of conditions or restrictions of permit or of rules and regulations; orders of chief engineer; remedial measures; emergency situations.

82a-303c.
Violations of conditions or restrictions of permit or of rules and regulations; orders of chief engineer; remedial measures; emergency situations.
(a) Whenever the chief engineer finds that: (1) The construction, modification, operation or maintenance of a dam or other water obstruction is in violation of adopted rules and regulations or of terms, conditions or restrictions of a permit or consent granted by the chief engineer or, (2) conditions exist in the construction, modification, operation or maintenance of a dam or other water obstruction which may present a hazard to the public's safety, he or she shall issue an order to require the correction of any such violation or condition existing in the construction, modification, operation or maintenance of a dam or other water obstruction by the owner or operator thereof. An order may be issued to require the removal of a dam or other water obstruction. The order shall contain the chief engineer's findings concerning any violation or conditions existing and shall prescribe the corrective action to be taken.
(b) Whenever the condition of any dam or other water obstruction is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to construction, modification, maintenance or operation thereof, or, the passing of imminent floods threaten the safety of any dam or other water obstruction, the chief engineer shall immediately employ any remedial means necessary to protect the safety of life or property. The chief engineer shall continue in full charge and control of any such dam or other water obstruction until the same is rendered safe or the emergency occasioning the remedial action has ceased.
History:
L. 1978, ch. 431, § 4; April 11.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-305a Unlawful acts; penalties; injunction.

82a-305a.
Unlawful acts; penalties; injunction.
(a) Any person, partnership, association, corporation or agency or political subdivision of the state government who violates any provision of this act or of any rule and regulation or order issued pursuant thereto shall be deemed guilty of a class C misdemeanor. Each day that any such violation occurs after notice of the original violation is served upon the violator by the chief engineer by restricted mail shall constitute a separate offense.
(b) Upon request of the chief engineer, the attorney general shall bring suit in the name of the state of Kansas in any court of competent jurisdiction to enjoin (1) the unlawful construction, modification, operation or maintenance of any dam or other water obstruction, or (2) the unlawful change or diminution of the course, current or cross section of a river or stream. Such court may require the removal or modification of any such dam or other water obstruction by mandatory injunction.
History:
L. 1978, ch. 431, § 5; April 11.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-307 Cleaning and maintaining banks and channels by county; petition or resolution; access to private property; claims for damages.

82a-307. Cleaning and maintaining banks and channels by county; petition or resolution; access to private property; claims for damages.
(a) Upon petition of 50 taxpayers of any county of this state, owning land in the flood plain of any river in such county, or upon enactment of a resolution by the county commission of such county, the board of county commissioners of each county in this state are hereby authorized within their respective jurisdictions to clean and maintain the banks and channels of the streams and watercourses within definitely established bank lines, and to keep such streams free of drift, trees and other debris, for the purpose of reducing floods and overflows. Upon such petition or resolution, the board of county commissioners may remove debris pursuant to this section, but shall not change or diminish the course, current or cross section of any stream.
(b) The board of county commissioners, having obtained written permission from the landowner, may enter upon private property, if necessary, to clean and maintain such streams, doing as little damage as possible thereto. If material damage is done to any property, the commissioners shall allow reasonable compensation therefor if the landowner presents a claim in writing to the board within 60 days from the date of such alleged material damage.
(c) Nothing in this act shall be construed to permit the board of county commissioners of any county to remove or destroy any permanent improvement, including dams and bridges, in and over such streams, providing such improvements, dams or bridges have been lawfully placed thereon.
History: L. 1929, ch. 143, § 2; L. 1931, ch. 318, § 1; L. 1951, ch. 527, § 1; L. 2013, ch. 111, § 7; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-308 Same; expenses and damages; tax levy, use of proceeds.

82a-308.
Same; expenses and damages; tax levy, use of proceeds.
Any expenses incurred in removing such obstructions as are mentioned in K.S.A. 82a-307, and amendments thereto, or damage to private property, shall be paid out of the general fund of the respective counties but if it shall appear that the obstructions were caused by owners of adjoining property, the expenses shall be charged to the adjoining property as a special tax to be levied and collected as other special taxes and assessments. In the event that the general fund of any county shall not be sufficient to bear the cost of the operations mentioned in this section, including the maintenance of such streams or watercourses, then the board of county commissioners of such county may levy an annual tax upon all property in the county for the purpose of creating a fund known as stream maintenance fund from which fund the costs and expenses of the operation herein provided for shall be paid and for the purpose of paying a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
History:
L. 1929, ch. 143, § 3; L. 1931, ch. 318, § 3; L. 1970, ch. 100, § 44; L. 1980, ch. 65, § 8; L. 1999, ch. 154, § 47; May 27.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-309 Distribution of proceeds from sale of sand products taken from river beds owned by state.

82a-309.
Distribution of proceeds from sale of sand products taken from river beds owned by state.
(a) Of compensation received for sand products sold pursuant to K.S.A. 70a-102 and amendments thereto, $.0375 per ton sold shall be returned as follows:
(1) If the sand products are taken from the bed of the river at a location which is within the boundaries of a drainage district, the board of directors of the district from which the sand products were taken shall be entitled to receive 2/3 of the amount returned and the remaining 1/3 shall be divided among the remaining drainage districts in the county, to be used for bank stabilization, soil conservation, or maintenance and operation of flood control systems, in proportion to the frontage on such river.
(2) If the sand products are taken from the bed of the river at a location which is not within the boundaries of a drainage district, the proceeds attributable to such sand products shall be returned to the counties which have adopted this act and have notified, prior to July 1 following the adoption of this act, the director of taxation of such adoption, and through which such river flows, in proportion to the mileage of the river bank in such county. Moneys paid to a county pursuant to this paragraph shall be disbursed or used as follows:
(A) If there are one or more drainage districts organized under the laws of this state which are located in such county along a river that is the property of the state of Kansas and which operate and maintain river flood control improvements in or along such river, the county shall disburse such moneys to each such drainage district, to be used for bank stabilization, soil conservation, or maintenance and operation of flood control systems, in proportion to each district's frontage on such a river.
(B) If there is no drainage district organized under the laws of this state which is located in such county along a river that is the property of the state of Kansas, the county may use the moneys for construction, operation and maintenance of public improvements located along, in or over such a river or for the preservation of land and development and maintenance of public areas along such river or tributaries adjacent to such river.
(b) The unencumbered balance of any moneys which were distributed to a county pursuant to this section as it existed before its amendment on July 1, 1995, and which remain in the county treasury on July 1, 1995, shall be distributed in the manner provided by this section as amended on July 1, 1995.
History:
L. 1929, ch. 143, § 4; L. 1931, ch. 318, § 4; L. 1933, ch. 331, § 1; L. 1933, ch. 249, § 6; L. 1937, ch. 387, § 1; L. 1961, ch. 311, § 7; L. 1992, ch. 109, § 2; L. 1995, ch. 238, § 2; L. 1996, ch. 144, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-311 Same; cost of surveys; how paid; division of balances of proceeds.

82a-311.
Same; cost of surveys; how paid; division of balances of proceeds.
In any county in this state which, prior to the adoption of this act, has received any of the proceeds from the sale of sand products and which failed to have a survey made, as provided in K.S.A. 82a-307a, which survey was made by drainage districts in said county, the county commissioners are directed to pay to drainage districts which have had the survey made or which shall, within one year after the taking effect of this act have such survey made, the costs of such surveys, and the balances of said proceeds shall be divided among said drainage districts in proportion to the frontage on such rivers.
History:
L. 1937, ch. 387, § 2; March 31.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-325 Water projects environmental coordination act; purpose.

82a-325.
Water projects environmental coordination act; purpose.
(a) This act shall be known and may be cited as the water projects environmental coordination act.
(b) In order to protect the environment while facilitating the use, enjoyment, health and welfare of the people of the state of Kansas, it is necessary that the environmental effect of any water development project be considered before such water development project is approved or permitted.
History:
L. 1987, ch. 400, § 1; July 1.