Download or read book The Kansas Water Appropriation Act A Fifty Year Perspective written by John C. Peck and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1945, the Kansas Legislature enacted the Kansas Water Appropriation Act, which changed Kansas water allocation law from the common law riparian doctrine for streams and the absolute ownership ownership for groundwater. This article begins with the precursors to the Act-nineteenth legislation and cases, a major 1944 Kansas Supreme Court case, and a governor's committed appointed to recommend changes in the law. The Act changed water law from the common law rules to the doctrine of prior appropriation-first in time, first in right-for both groundwater and streams. Persons using water under common law claims in 1945 were protected with vested rights. Other people with water rights who were not using the water in 1945 simply lost their rights. All new users would have to obtain permits from the state to receive appropriation rights. The article describes the Act and various amendments to the Act from 1945 to 1995 as well as other relevant water legislation such was water planning statutes, groundwater management districts legislation, and the Water Transfer Act. The several court cases unsuccessfully challenging the constitutionality of the Act are mentioned. The main administrator of the Act is the chief engineer of the Division of Water Resources of the Kansas Department of Agriculture. The article provides information about the several people who served as chief engineer during the fifty-year period as well as developments during their tenures.
Download or read book Kansas Water Appropriation Act written by Kansas and published by . This book was released on 1991 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rules and Regulations written by Kansas and published by . This book was released on 1994 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rules and Regulations written by and published by . This book was released on 1991 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report on the Laws of Kansas Pertaining to the Beneficial Use of Water written by Kansas. State Water Resources Board and published by . This book was released on 1956 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Economic Effects of the Kansas Water Appropriation Act written by Thomas Edward Kelly and published by . This book was released on 1964 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Kansas Water Appropriation Statutes and Their Effect Upon the Oil and Gas Industry in Kansas written by Eva Neufeld and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the enactment of the 1945 Kansas Water Appropriation Act, the Kansas legislature dedicated all water in the state to the use of the public and adopted the prior appropriation doctrine for water allocation, “first in time is first in right.” With a few limited exceptions, water diversions require prior permission from the Kansas Division of Water Resources (DWR). This article deals with that Act and its relation to and impact on the oil and gas industry in Kansas. It begins with the Act's initial impact, in requiring water permits before use. Water in the initial drilling operation is covered next, with an emphasis on “temporary permits” and how they differ from regular, permanent water rights. The next two sections deal with the Act's impact on use of water as a by-product of oil and gas production and water use in secondary or enhanced oil and gas recovery. The last three sections of the article discuss attachment of water rights to land in Kansas and the neighboring states of Oklahoma and Colorado, policy and suggestions, and the obtaining of appropriation permits.
Download or read book Water Appropriation Act written by Kansas Water Office and published by . This book was released on 1985 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Water written by Kansas. State Board of Agriculture and published by . This book was released on 1955 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Loss of Kansas Water Rights for Non Use written by John C. Peck and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like other Western states, Kansas follows the Prior Appropriation Doctrine for water rights allocation - “first in time, first in right.” Traditionally, these water rights must be used, or they can be declared abandoned. Loss of water rights for non-use is important, because over appropriation of Kansas' water resources has led to the closure of much of the state to new water permits. Water users must thus make sure that their water rights remain active and legal. This article discusses loss of water rights in Kansas. Several questions are discussed. One question is whether Kansas is an “abandonment” state or a “forfeiture” state. Historically, abandonment has been a doctrine adopted by courts that allows the intent of the water user to be relevant on whether an abandonment has occurred. Forfeiture is the loss of a right for failure to use the right for the period of time, such as three or five years, expressly stated in a statute, the intent of the water right holder being irrelevant. Other issues covered in the article include whether vested rights (water rights pre-dating the Kansas Water Appropriation Act of 1945) are subject to abandonment; whether pre-1945 Act legislation dealing with loss of water rights for non-use is relevant in light of the 1945 Act; when a water right has sufficiently matured to be subject to abandonment; what constitutes “due and sufficient cause” for non-use, which can be a defense to an action by the state to declare a water right abandoned; whether partial abandonments are possible; who has the burden of proof in an abandonment hearing, the state or the water right holder; and whether a water right can be declared abandoned for unauthorized use as compared to non-use. The article attempts to answer these questions and points out several potential problems with current law.
Download or read book Procedures for Obtaining and Maintaining a Water Right in Accordance with the Kansas Water Appropriations Act written by Kansas. Department of Agriculture. Division of Water Resources and published by . This book was released on 1995 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Laws Governing the Appropriation of Water for Beneficial Use written by Kansas and published by . This book was released on 1948 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administering Kansas Water Laws written by Kansas. State Board of Agriculture. Division of Water Resources and published by . This book was released on 1984 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Attorney General Opinion No 2007 032 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 82a-706a of the Kansas Water Appropriation Act authorizes the Chief Engineer for the Division of Water Resources of the Kansas State Board of Agriculture to promulgate rules and regulations regarding intensive groundwater use control areas. Cited herein: K.S.A. 82a-201; 82a-701; 82a-706a; 82a-726; 82a-730; 82a-1036; 82a-1037; K.S.A. 2006 Supp. 82a-1038; K.S.A. 82a-1039; 82a-1040.
Download or read book Water Appropriations Act written by Kansas Water Office and published by . This book was released on 1985 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administering Kansas Water Laws written by Kansas. Department of Agriculture. Division of Water Resources and published by . This book was released on 1997 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Kansas Law of Water Rights written by Wells Aleck Hutchins and published by . This book was released on 1957 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
