82a-726. Diversion and transportation of water for use in another state; approval by chief engineer; conditions. (a) Any person intending to divert and transport water produced from a point or points of diversion located in this state for use in another state, shall make application to the chief engineer for a permit to appropriate water for beneficial use or file an application for change in point of diversion, place of use, type of use or any combination thereof. Subject to the provisions of subsection (b), the chief engineer shall approve such application upon such terms, conditions and limitations that the chief engineer shall deem necessary for the protection of public interest, including an express condition that if any such water is necessary to protect the public health and safety of the citizens of this state, such approved application may be suspended, modified or revoked by the chief engineer for such necessity.
(b) The chief engineer shall approve an application pursuant to this section only if the chief engineer finds that:
(1) The diversion and transportation of such water complies with the Kansas water appropriation act, the water transfer act and any other state law pertaining to such diversion, transportation and use of water;
(2) the statutes and common law of the state where such water will be used do not prohibit the use of water at the proposed place of use or for the proposed type of use, or both, if the water were to be diverted in that state; and
(3) the proposed diversion and transportation of water will not allow water apportioned to the state of Kansas by an interstate water compact to be used in another state.
(c) In order to make the finding required by subsection (b)(2), the chief engineer shall rely on a determination by the attorney general of the other state of whether the proposed use would be prohibited in that state.
History: L. 1976, ch. 435, § 1; L. 1984, ch. 380, § 1; L. 2000, ch. 98, § 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.