82a-704a. Determination of vested rights; procedure; duties of chief engineer. (a) All persons claiming a vested right for the beneficial use of water, other than for domestic use, which has not been determined pursuant to K.S.A. 82a-704, shall file by July 1, 1980, with the chief engineer a verified claim for such vested right. The chief engineer shall not accept any such claim after said date. Such verified claim shall be upon forms provided therefor by the chief engineer and shall set forth:
(1) The name and post-office address of the claimant;
(2) the source to which the claim relates;
(3) the amount of water claimed;
(4) the location of the works for the diversion and use of the claimed water;
(5) the dates of the beneficial use made; and
(6) any additional information the chief engineer may require.
(b) Upon receipt of a verified claim for a vested right for the beneficial use of water, the chief engineer shall investigate the same and shall conduct a hearing thereon. Such hearing shall be noticed by restricted mail to the claimant and to other known interested persons within a five (5) mile radius of the point of diversion of such claimed vested right at least thirty (30) days prior to the date set for the hearing. Notice shall also be given by publication in a newspaper of general circulation in the county wherein the vested right is claimed to exist at least once each week for three (3) consecutive weeks prior to the hearing. Such published notice shall contain the date and place of hearing and a general description of the area affected by the claimed vested right and shall be directed to all persons interested and concerned. At the hearing, the chief engineer shall take evidence of all persons interested and concerned and the same shall be considered in the determination of the existence of a vested right for beneficial use of water. As soon as possible thereafter the chief engineer shall make an order determining the existence or nonexistence of the claimed vested right and shall notify the claimant and contestants thereof as to the contents of such order. Service of such notice shall be deemed complete upon depositing such notice in the post office as restricted mail addressed to the vested right claimant and any contestant thereto whose address is known to the chief engineer, and upon the publication of an abstract of such order once each week for three (3) consecutive weeks in a newspaper of general circulation in the county wherein the vested right is claimed to exist.
(c) Any claimant of a vested right or person contesting the same who considers himself or herself aggrieved by the order of determination of a vested right may appeal to the district court in the manner prescribed by K.S.A. 82a-724.
(d) The order of determination of a vested right of the chief engineer shall be in full force and effect from the date of its entry in the records of his or her office unless and until its operation shall be stayed by an appeal therefrom by the claimant thereof or a contestant thereto in accordance with the provisions of K.S.A. 82a-724 except that no such determination shall be deemed an adjudication of the relation between any vested right holders with respect to the operation or exercise of their vested rights.
(e) The chief engineer shall file a copy of any order of determination of the existence of a vested right with the register of deeds of the county wherein the land is located to which such vested right is appurtenant. The register of deeds shall record the same as other instruments affecting real estate.
(f) No vested right for the beneficial use of water, other than for domestic use, shall be deemed to exist from and after July 1, 1980, unless the same has been determined to exist pursuant to the provisions of this act or pursuant to the provisions of K.S.A. 82a-704.
History: L. 1978, ch. 434, ยง 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.