82a-742. Division of a water right; application; fee. (a) Any owner of a water right that is not deemed abandoned may divide that water right into two or more distinct water rights without losing priority, if such owner:
(1) Notifies the chief engineer in writing of the proposed division with the written consent of all persons having an ownership interest in the water right;
(2) designates the relative priority of the divided water rights;
(3) demonstrates to the chief engineer that the division is reasonable and will not increase consumptive use; and
(4) demonstrates to the chief engineer that the request does not violate the provisions of the Kansas water appropriation act.
(b) Acceptance of the request to divide a water right pursuant to this section shall not authorize any change in the place of use, point of diversion or use made of water, as provided in K.S.A. 82a-708b, and amendments thereto.
(c) If the chief engineer finds the request complies with subsections (a) and (b), the chief engineer shall issue an order dividing the water right and describing the terms and conditions of each water right. If the chief engineer finds the request does not comply with subsections (a) and (b), the request shall be returned and no action taken.
(d) In the event of a judicial determination of ownership interests resulting in a partition of a water right that is not deemed abandoned, the chief engineer shall issue an order dividing such water right in a manner consistent with the terms of the judicial determination to the extent it does not violate the provisions of the Kansas water appropriation act.
(e) Each request to divide a water right, pursuant to this section, shall be made on a form prescribed by the chief engineer and shall be accompanied by a fee of $300.
(f) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto.
(g) This section shall be part of and supplemental to the Kansas water appropriation act.
History: L. 2012, ch. 133, 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.