82a-1304. Same; "water reservation rights"; procedure for acquiring; notice, content; acceptance; filing, perfection of rights. The director, on behalf of the state, shall acquire a water reservation right by filing with the chief engineer a written notice which shall include the following:
(a) The name of the stream on which the reservoir is located;
(b) the reservoir on which a water reservation right is sought;
(c) the legal description of the point of diversion for the reservoir;
(d) the storage space in the reservoir for supply or for water quality described in terms of elevation and design capacity;
(e) for a water reservation right for waters flowing into the conservation storage water supply capacity of any reservoir, hydrologic calculations for a drought having a 2% chance of occurrence in any one year with the reservoir in operation, specifying the rate of flow of streams into the reservoir and the volume of waters impounded in the reservoir that will be necessary to insure a yield of water from the reservoir for beneficial use;
(f) for a water reservation right for waters flowing into the conservation storage water quality capacity of any reservoir, information on rates of flow into the reservoir; and
(g) such other information which the chief engineer may request in carrying out provisions of this act.
Upon receiving any such filing, the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof, or inform the director in writing that the notice does not comply with the above requirements in one or more ways, all of which shall be specified. Thereupon, the director shall modify the written notice as may be appropriate and return the notice to the chief engineer. When the written notice complies with the requirements of this section the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof. Upon receipt of the written acceptance of the chief engineer as provided in this section, the director shall file, as other instruments affecting real estate, copies of the accepted written notice in the office of the register of deeds of the county or counties wherein the point of diversion for the reservoir is located; and such water reservation right shall thereby be perfected as of the date of original filing.
Nothing in this section shall require the director to acquire an appropriation right, or approval of the chief engineer, under article 7 of chapter 82a of Kansas Statutes Annotated.
History: L. 1974, ch. 452, § 4; L. 1983, ch. 343, § 3; L. 1986, ch. 394, § 5; July 1.
Structure Kansas Statutes
Chapter 82a - Waters And Watercourses
82a-1301 State water plan storage act; definitions.
82a-1302 Same; waters subject to act.
82a-1305 Same; withdrawal and use of waters; contracts for withdrawal; disposal of surplus water.
82a-1308a Same; establishment of rates, components; considerations.
82a-1309 Same; meters, gauges or other measuring devices; director, authority.
82a-1310a Same; application to enter into contract, contents.
82a-1311a Same; contract negotiations; authority approval, considerations.
82a-1312 Same; contracts filed with chief engineer.
82a-1313 Same; withdrawal of water under contract; exercise and protection of rights.
82a-1314 Same; request for withdrawal of water; release of water; conduct and withdrawal of water.
82a-1315a Same; payment of charges; disposition of revenue.
82a-1315c Water marketing fund created; purposes for which moneys may be expended from fund.
82a-1317 Same; failure to make payment for water; interest on overdue payment.
82a-1319 Same; rules and regulations.
82a-1330 Water assurance program; citation of act.
82a-1332 Same; negotiation by Kansas water office for water assurance storage in federal reservoirs.
82a-1333 Same; prerequisites to organization of water assurance district; duties of chief engineer.
82a-1334 Same; participation mandatory in program, when.
82a-1335 Same; procedure for organization of water assurance district; petition requirements.
82a-1342 Same; district meetings, purpose.
82a-1343 Same; meetings of district board of directors; notice.
82a-1344 Same; powers of districts.
82a-1346 Same; persons not prohibited from purchasing storage in federal reservoirs.
82a-1347 Same; renegotiation of existing water supply storage contracts.
82a-1348 Same; conservation plans and practices required.
82a-1349 Water supply storage assurance fund established; receipts; use of moneys.
82a-1360 Financing of large reservoir projects; definitions.
82a-1363 Same; issuance of revenue bonds to refund existing revenue bonds.
82a-1365 Same; income from bonds exempt from taxation.
82a-1366 Same; bonds deemed legal and proper securities for investment by governmental entities.
82a-1367 Same; powers supplemental to other powers of Kansas water office; severability.
82a-1368 Same; publication of notice of revenue bond issuance, contents; actions to contest, timing.