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42-121. Water rights and shares in irrigation companies; transfer. That all water rights of every kind, or shares in irrigation companies, entitling the owners and holders thereof to the use of water for irrigation purposes, shall be appurtenant to the land upon which they are established, by the use of such water thereon, and shall pass with any and all conveyances of such land whether mentioned in the deeds of conveyance or not, unless the same is expressly excepted from the operation of such conveyance: Provided, however, That such water rights or shares may be the subject of separate transfers by deed executed and recorded as conveyances of real estate, which deed shall describe the land to which said water rights or shares were appurtenant and also describe the land to which they are to become appurtenant, and subject to all laws relating to the registration and recording of conveyances affecting the title to real estate.

History: L. 1911, ch. 215, ยง 1; May 22; R.S. 1923, 42-121.

Law Review and Bar Journal References:

Quoted in discussion of Kansas water rights, Arno Windsheffel, 26 J.B.A.K. 185, 188 (1957).

Discussed with reference to 1957 amendments to other statutes in 1956-57 survey of water law, Earl B. Shurtz, 6 K.L.R. 264, 270 (1957).

Attorney General's Opinions:

Regulation requiring unsanitary water well to be plugged not illegal taking of water right. 2003-29.


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