Printable Format70a-106. Same; what deemed state property. For the purposes of this act the bed and channel of any river in this state or bordering on this state to the middle of the main channel thereof and all islands and sand bars lying therein shall be considered to be the property of the state of Kansas unless this state or the United States has granted or conveyed an adverse legal or equitable interest therein since January 29, 1861 A.D., or unless there still exists a legal adverse interest therein founded upon a valid grant prior thereto: Provided, That nothing in this act shall affect or impair the rights of any riparian landowner or lawful settler upon any island which is state school land.
History: L. 1913, ch. 259, ยง 6; April 30; R.S. 1923, 71-106.
Attorney General's Opinions:
Navigable rivers; ownership interest in bed; authority and responsibility of state agencies. 97-45.
Title to bed and banks of navigable river; Arkansas River. 2000-51.
CASE ANNOTATIONS
1. Title to bed of public stream not acquired through occupancy. The State, ex rel., v. Akers, 92 Kan. 169, 173, 140 P. 637. Affirmed: Wear v. Kansas, ex rel., Brewster, 245 U.S. 154, 38 S. Ct. 55, 62 L.Ed. 214.
2. Asserts unqualified title to all such stream beds (dissenting opinion). Webb v. Neosho County Comm'rs, 124 Kan. 43, 257 P. 966.
3. This chapter and K.S.A. 75-3751 govern taking sand belonging to state. Dreyer v. Siler, 180 Kan. 765, 766, 769, 308 P.2d 127.
4. Extent of state's title in navigable stream stated and applied. Siler v. Dreyer, 183 Kan. 419, 421, 327 P.2d 1031.
5. River held navigable and title to bed in state. Jackson-Walker Coal Co. v. Hodges, 283 F. 457.