Printable Format82a-728. Unlawful acts; penalties. (a) Except for the appropriation of water for the purpose of domestic use, the production and return of salt water in connection with the operation of oil and gas wells in accordance with the written approval granted therefor by the Kansas corporation commission pursuant to K.S.A. 55-901, and amendments thereto, the withdrawal and use of water in accordance with provisions of K.S.A. 82a-1313, and amendments thereto, and the annual diversion and beneficial use of not more than 15 acre feet of surface water impounded in any reservoir having a total water volume of less than 15 acre feet, it shall be unlawful for any person to appropriate or threaten to appropriate water from any source without first applying for and obtaining a permit to appropriate water in accordance with the provisions of chapter 7 of article 82a of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto or, for any person to violate any condition of a vested right, appropriation right or an approved application for a permit to appropriate water for beneficial use. As used in this subsection salt water shall mean water containing more than 5,000 milligrams per liter chlorides.
(b) (1) The violation of any provision of this section by any person is a class C misdemeanor. (2) Each day that any such violation occurs after notice of the original violation is given by the chief engineer to any such violator by restricted mail shall constitute a separate offense.
History: L. 1977, ch. 356, § 2; L. 1981, ch. 397, § 2; July 1.
Law Review and Bar Journal References:
"Kansas Water Rights: More Recent Developments," Arno Windscheffel, 47 J.B.A.K. 217, 218 (1978).
"Kansas Groundwater Management Districts," John C. Peck, 29 K.L.R. 51, 65 (1980).
"Kansas Water Appropriation Statutes and the Oil and Gas Industry in Kansas," Eva N. Neufeld, 50 J.B.A.K. 43, 44, 46, 47, 48 (1981).
"Water: Upholding the Constitutionality of the Water Appropriation Act," Gary L. Brown, 21 W.L.J. 731, 735 (1982).
"High Noon on the Ogallala Aquifer: Agriculture Does Not Live by Farmland Preservation Alone," Myrl L. Duncan, 27 W.L.J. 16, 46, 80, 84 (1987).
"Loss of Water Rights for Non-Use," John C. Peck and Constance Crittenden Owen, 43 K.L.R. 801, 805, 828, 829 (1995).
"Title and Related Considerations in Conveying Kansas Water Rights," John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).
"Groundwater Management in Kansas: A Brief History and Assessment," John C. Peck, 15 Kan. J.L. & Pub. Pol'y, No. 3, 441 (2006).
"Kansas Groundwater Management Districts: A Lawyer's Perspective," Michael K. Ramsey, 15 Kan. J.L. & Pub. Pol'y, No. 3, 517 (2006).
Attorney General's Opinions:
Water well contractor is not obligated to apply for and obtain a permit to appropriate water prior to commencing water well construction. 2012-16.
CASE ANNOTATIONS
1. Exemption of domestic users not violation of equal protection; section does not constitute unconstitutional taking of property. F. Arthur Stone & Sons v. Gibson, 230 Kan. 224, 225, 234, 236, 237, 239, 630 P.2d 1154 (1981).
2. Discussed; where vested rights determination made in 1959 and no appeal taken, plaintiff lost right to complain. Frontier Ditch Co. v. Chief Engineer of Div. of Water Resources, 237 Kan. 857, 864, 704 P.2d 12 (1985).