82a-701. Definitions. When used in this act, unless the context indicates otherwise, the following words shall have the following meanings:
(a) "Person" shall mean and include a natural person, a partnership, an organization, a corporation, a municipality and any agency of the state or federal government.
(b) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.
(c) "Domestic uses" means the use of water by any person or by a family unit or household for household purposes, or for the watering of livestock, poultry, farm and domestic animals used in operating a farm, and for the irrigation of lands not exceeding a total of two acres in area for the growing of gardens, orchards and lawns.
(d) "Vested right" means the right of a person under a common law or statutory claim to continue the use of water having actually been applied to any beneficial use, including domestic use, on or before June 28, 1945, to the extent of the maximum quantity and rate of diversion for the beneficial use made thereof, and shall include the right to take and use water for beneficial purposes where a person is engaged in the construction of works for the actual application of water to a beneficial use on June 28, 1945, provided such works shall be completed and water is actually applied for such use within a reasonable time thereafter by such person, such person's heirs, successors or assigns. Such a right does not include, however, those common law claims under which a person has not applied water to any beneficial use within the periods of time set out in this subsection.
(e) "Appropriator" means and includes a person who has an appropriation right that has been perfected in conformity with article 7 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto.
(f) "Appropriation right" is a right, acquired under the provisions of article 7 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto, to divert from a definite water supply a specific quantity of water at a specific rate of diversion, provided such water is available in excess of the requirements of all vested rights that relate to such supply and all appropriation rights of earlier date that relate to such supply, and to apply such water to a specific beneficial use or uses in preference to all appropriations right of later date.
(g) "Water right" means any vested right or appropriation right under which a person may lawfully divert and use water. It is a real property right appurtenant to and severable from the land on or in connection with which the water is used and such water right passes as an appurtenance with a conveyance of the land by deed, lease, mortgage, will, or other disposal, or by inheritance.
History: L. 1945, ch. 390, § 1; L. 1957, ch. 539, § 1; L. 1977, ch. 356, § 3; L. 2004, ch. 101, § 141; L. 2009, ch. 65, § 1; July 1.
Structure Kansas Statutes
Chapter 82a - Waters And Watercourses
Article 7 - Appropriation Of Water For Beneficial Use
82a-702 Dedication of use of water.
82a-703 Water may be appropriated subject to vested rights.
82a-703a Minimum streamflows; duties of chief engineer.
82a-703b Minimum desirable streamflows; condition of appropriation right, applicability.
82a-703c Minimum streamflows established.
82a-704a Determination of vested rights; procedure; duties of chief engineer.
82a-704c Same; supplemental to Kansas water appropriation act.
82a-705 Acquisition of a new appropriation right to use water other than domestic; approval.
82a-705a Domestic use after June 28, 1945; information to chief engineer.
82a-706 Duties of chief engineer as to beneficial use and rights of priority of appropriation.
82a-706a Rules, regulations and standards.
82a-706c Meters, gages and other measuring devices; waste and quality checks.
82a-706d Duties of attorney general.
82a-706e State field offices and commissioners.
82a-707 Principles governing appropriations; priorities.
82a-708a Applications for permits to appropriate water; fee.
82a-708c Application for term permits to appropriate water; fee.
82a-709 Same; contents; time of filing.
82a-711a Same; express conditions of appropriations.
82a-712 Same; notice of approval or disapproval of application; approval constitutes permit.
82a-713 Same; limiting time for perfection of appropriation; extension.
82a-714 Same; completion of works; extension of time; certificate of appropriation; fees.
82a-715 Same; validation of certain applications.
82a-716 Common-law claimants; action for compensation; injunctions.
82a-717a Diversions by common-law claimants and others; complaints, investigations and orders.
82a-718 Abandonment of water rights; notices; hearing; review of action; exceptions.
82a-719 Distribution of water according to decree of court.
82a-720 Same; certified copies of decrees.
82a-721a Same; damages to land.
82a-724 Review of administrative actions.
82a-727 Temporary permits to appropriate water; extension; fee; rules and regulations.
82a-728 Unlawful acts; penalties.
82a-729 Act supplemental to article 7 of chapter 82a of the Kansas Statutes Annotated.
82a-731 Water appropriation certification fund created; expenditures therefrom.
82a-732 Annual water use report required; penalty for violations.
82a-733 Conservation plans and practices.
82a-734a Sand and gravel pits, land-based; prohibition on certain rules and regulations, conditions.
82a-736 Multi-year flex accounts; definitions; establishment; conditions; term permits; fees.
82a-737 Civil enforcement of act.
82a-738 Studies and recommendations of chief engineer and state geological survey; report.
82a-742 Division of a water right; application; fee.
82a-743 Limited transfer permits; term; fee; base water right; rules and regulations.
82a-744 Water management and conservation measures; due consideration by chief engineer.
82a-761 Title; implementation.
82a-763 Water bank authority; deposits and leases; safe deposit accounts; restrictions.
82a-764 Bankable water right, determination of.
82a-765 Water bank charter; approval; requirements.
82a-766 Water bank annual reports.
82a-767 Evaluation of water bank; evaluation team; extension or lapse of charter; charter review.
82a-768 Application of law relating to abandonment of water right.
82a-769 Rules and regulations.
82a-771 Payment of certain costs of water bank.