Kansas Statutes
Article 7 - Appropriation Of Water For Beneficial Use
82a-717a Diversions by common-law claimants and others; complaints, investigations and orders.

82a-717a. Diversions by common-law claimants and others; complaints, investigations and orders. (a) No common-law claimant without a vested right, or other person without a vested right, a prior appropriation right, or an earlier permit shall divert or threaten to divert water if such diversion or threatened diversion impairs or would impair any vested right, appropriation right, or right under a permit to appropriate water. But any common-law claimant with a vested right, or other person with a vested right, a prior appropriation right, or an earlier permit may divert water in accordance with any such right or permit although such diversion or use thereunder conflicts with the diversion, use, proposed diversion, or proposed use made or proposed by a common-law claimant who does not have a vested right, or other person who does not have a vested right, a prior appropriation right or an earlier permit.
(b) (1) Any common-law claimant with a vested right, or other person with a vested right, a prior appropriation right, or an earlier permit may, in accordance with this subsection, obtain an order from the chief engineer that limits, curtails or prevents any diversion or proposed diversion that impairs or would impair such right in the event that any such diversion or proposed diversion is made or is threatened to be made by any common-law claimant, or other person who does not have a vested right, a prior appropriation right, or an earlier permit.
(2) Any common-law claimant with a vested right, or other person with a vested right, a prior appropriation right, or an earlier permit who claims impairment of such right by any other person without a prior right to the same water shall submit a complaint to the chief engineer in accordance with rules and regulations of the chief engineer.
(A) Within two weeks of receiving a complaint of impairment, the chief engineer shall initiate an investigation of such complaint and provide notice of such investigation to the complainant and the allegedly impairing party or parties. As part of the investigation, the chief engineer shall provide an opportunity for the parties to submit any relevant information, including submission of an engineering study that meets standards designated by the chief engineer through rules and regulations.
(B) Following the investigation, the chief engineer may issue an order, consistent with K.S.A. 82a-706b, and amendments thereto, and rules and regulations of the chief engineer, that limits, curtails or prevents the diversion and use of water by any person without a prior right to the same water or that otherwise disposes of the complaint.
(C) The chief engineer shall complete any investigation initiated pursuant to this subsection within 12 months of the date the complaint was submitted to the chief engineer, provided that the chief engineer may extend the investigation for good cause by notifying the parties in writing of the amount of time needed to complete the investigation.
(3) Concurrent with submission of a complaint under paragraph (2), or during the pendency of the chief engineer's investigation pursuant to the complaint, the complainant may petition the chief engineer to issue a temporary order, to be effective until a final order is issued under paragraph (2)(B), that limits, curtails or prevents the diversion and use of water by any person without a prior right to the same water upon a finding by the chief engineer that a substantial likelihood exists that impairment is occurring or will occur and that an order limiting, curtailing or preventing diversion and use of water by any person without a prior right to the same water would not be adverse to the public interest.
(4) Any order issued by the chief engineer pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
History: L. 1957, ch. 539, § 19; L. 2017, ch. 55, § 2; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 82a - Waters And Watercourses

Article 7 - Appropriation Of Water For Beneficial Use

82a-701 Definitions.

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-704b Same; notice.

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-706b Diversion of water prohibited, when; unlawful acts; enforcement and augmentation by chief engineer.

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-708b Application for change in place of use, point of diversion or use; fee; review of action on application.

82a-708c Application for term permits to appropriate water; fee.

82a-709 Same; contents; time of filing.

82a-710 Same; return for correction or completion; maps, plats, plans and drawings; default in refiling.

82a-711 Permits to appropriate water; standards for approval of use; review of action on application.

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-721 Construction of act.

82a-721a Same; damages to land.

82a-722 Invalidity of part.

82a-724 Review of administrative actions.

82a-725 Same; reference to state division or its chief engineer; procedures; cases in federal courts.

82a-726 Diversion and transportation of water for use in another state; approval by chief engineer; conditions.

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-730 Citation of act.

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-734 Sand and gravel pits; beneficial use of water, when; permit; application; fee; perfection of appropriation; examination of diversion works; assessment of water protection fee.

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-739 Installation of water flow measurement and data recording devices below Cedar Bluff reservoir; authorization of property owners; dissemination of data and report to legislative committees.

82a-741 Water conservation program; enrollment; application; fees; administration; rules and regulations.

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-745 Water conservation areas; establishment procedures; duties of chief engineer; notice; orders; consent agreement; review; flexibility; impairment.

82a-761 Title; implementation.

82a-762 Definitions.

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-770 Enforcement of act.

82a-771 Payment of certain costs of water bank.

82a-772 Water resources cost fund.

82a-773 Water office cost fund.