Printable Format82a-706. Duties of chief engineer as to beneficial use and rights of priority of appropriation. The chief engineer shall enforce and administer the laws of this state pertaining to the beneficial use of water and shall control, conserve, regulate, allot and aid in the distribution of the water resources of the state for the benefits and beneficial uses of all of its inhabitants in accordance with the rights of priority of appropriation.
History: L. 1945, ch. 390, § 6; L. 1957, ch. 539, § 8; June 29.
Law Review and Bar Journal References:
"Environmental Law Creeps into Kansas: A Commentary on the Concerned Citizens United Suit," George Cameron Coggins and William H. Hensley, 23 K.L.R. 421, 430 (1975).
"The Parting of the Waters—The Dispute Between Colorado and Kansas Over the Arkansas River," Mark J. Wagner, 24 W.L.J. 99 (1984).
"Legal Aspects of Water Storage in Federal Reservoirs in Kansas," John C. Peck, 32 K.L.R. 785 (1984).
"High Noon on the Ogallala Aquifer: Agriculture Does Not Live by Farmland Preservation Alone," Myrl L. Duncan, 27 W.L.J. 16, 62, 95 (1987).
"Title and Related Considerations in Conveying Kansas Water Rights," John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).
"Property Rights in Groundwater - Some Lessons from the Kansas Experience," John C. Peck, XII Kan. J.L. Pub Pol'y No. III, 493 (2003).
"Groundwater Management in Kansas: A Brief History and Assessment," John C. Peck, 15 Kan. J.L. & Pub. Pol'y, No. 3, 441 (2006).
"Comparing and Contrasting the Roles of the Division of Water Resources and the Groundwater Management Districts in Groundwater Management and Regulation," Leland E. Rolfs, 15 Kan. J.L. & Pub. Pol'y, No. 3, 505 (2006).
"Attention Kansas Water Right Holders: Be Nice to Your Neighbors, They're Policing Your Water Rights [Hawley v. Kansas Dep't of Agric., 132 P.3d 870 (Kan. 2005)]," Tyler A. Darnell, 46 W.L.J. 429 (2007).
CASE ANNOTATIONS
1. Appeal from engineer's order; overruling motion to dismiss same not appealable. City of McPherson v. Smrha, 179 Kan. 59, 60, 293 P.2d 239; Williams v. Smrha, 179 Kan. 61, 293 P.2d 241; Cities of Hesston and Sedgwick v. Smrha, 179 Kan. 72, 293 P.2d 241; Williams v. Smrha, 179 Kan. 73, 293 P.2d 241.
2. Cited in holding K.S.A. 82a-728 does not constitute unconstitutional taking of property. F. Arthur Stone & Sons v. Gibson, 230 Kan. 224, 230, 236, 630 P.2d 1154 (1981).
3. Cited; statutory system where Kansas board of agriculture is elected by farm organization delegates violates equal protection. Hellebust v. Brownback, 824 F. Supp. 1511 (1993).
4. Cited; water rights terminated, no beneficial use without due and sufficient cause for five successive years. Frick Farm Properties v. Kansas Dept. of Agriculture, 40 Kan. App. 2d 132, 138, 190 P.3d 983 (2008).