Printable Format82a-705. Acquisition of a new appropriation right to use water other than domestic; approval. No person shall have the power or authority to acquire a new appropriation right to the use of water for other than domestic use without first obtaining the approval of the chief engineer, and no water rights of any kind may be acquired hereafter solely by adverse use, adverse possession, or by estoppel.
History: L. 1945, ch. 390, § 5; L. 1957, ch. 539, § 7; L. 2009, ch. 65, § 2; July 1.
Law Review and Bar Journal References:
"Weather Modification," John E. Howe, 46 J.B.A.K. 35, 37 (1977).
"Loss of Water Rights for Non-Use," John C. Peck and Constance Crittenden Owen, 43 K.L.R. 801 (1995).
"Kansas Groundwater Management Districts: A Lawyer's Perspective," Michael K. Ramsey, 15 Kan. J.L. & Pub. Pol'y, No. 3, 517 (2006).
"Groundwater Management in GMD4: Has It Succeeded?" Wayne Bossert, 15 Kan. J.L. & Pub. Pol'y, No. 3, 541 (2006).
"Attention Kansas Water Right Holders: Be Nice to Your Neighbors, They're Policing Your Water Rights [Hawley v. Kansas Dep't of Agric., 132 P.3d 870 (Kan. 2005)]," Tyler A. Darnell, 46 W.L.J. 429 (2007).
Attorney General's Opinions:
County planning and zoning; waters and water courses; appropriation of water for general use. 91-146.
Regulations adopted by chief engineer at the request and applicable only to one groundwater management district are preempted by those which apply statewide. 98-24.
Water well contractor is not obligated to apply for and obtain a permit to appropriate water prior to commencing water well construction. 2012-16.
CASE ANNOTATIONS
1. Cited in holding K.S.A. 82a-728 does not constitute unconstitutional taking of property. F. Arthur Stone & Sons v. Gibson, 230 Kan. 224, 230, 630 P.2d 1154 (1981).