KANSAS OFFICE of
  REVISOR of STATUTES

  

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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.

Attorney General's Opinions:

Upstream landowner has duty to protect a lower downstream landowner from any damage resulting from upstream landowner's gathering or diversion of water. 2002-40.

CASE ANNOTATIONS

1. Cited; 82a-305 authorizes preventive not mandatory injunction. State, ex rel., v. Ross, 159 Kan. 199, 200, 202, 203, 152 P.2d 675.


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