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Show ABANDONMENT AND STATUTORY FORFEITURE 287 (This is also described in chapter 10.179) But in only two States that have come to the attention of the author (Kansas and Washington) may they subse- quently become subject to statutory forfeiture for nonuse for a certain period of time.180 (2) Kansas. Although nowhere in the 1945 Kansas water rights statute or in the 1957 amendment thereof is the term "riparian" used, the terms "common law claim" and "vested right" are employed.181 "Vested right" is the right of a common law or statutory claimant to continue the use of water that was actually applied to beneficial use on or before the effective date of the 1945 act, or within a reasonable time thereafter for works then under construction;182 and it may not be impaired except for nonuse.183 The statute also provides that every water right of every kind shall be deemed abandoned and shall terminate when, without due and sufficient cause, no lawful beneficial use is made of water under such right for 3 successive years.184 Thus, without calling a vested common law claim to the use of surface water a riparian right, the Kansas statute provides for cancellation and termination of such right, as well as other rights, in the event the holder fails, without good cause, to make beneficial use of the water over a consecutive 3-year period. This provision has not been construed by the Kansas Supreme Court. (3) Washington. Washington legislation enacted in 1967 provides that any person entitled to divert or withdraw waters of the State by virtue of his ownership of land abutting a stream, lake, or watercourse, who voluntarily fails, without sufficient cause (as defined in the statute), to beneficially use all or any part of such right for any period of 5 successive years after the act's effective date (July 1, 1967), shall relinquish such right or portion thereof, which shall revert to the state and the affected waters become available for appropriation.184* Certain uses of water relating to power development, reserve 179 Seie the subtopics "Cutoff dates" and "Unused riparian rights" under "The Riparian Right-Measure of the Riparian Right-As Against Appropriators." 180 Alaska's statutory forfeiture provision applicable to appropriative rights may apply to any appropriative rights that were formerly riparian rights by virtue of another pro- vision that apparently purports to convert riparian rights to appropriative rights as of the effective date of the 1966 Water Use Act. This is discussed in chapter 6 under "Interrelationships of the Dual Water Rights Systems-The Status in Summary: By States-Alaska." This legislation has not been construed by the Alaska Supreme Court. I8IjKans. Laws 1945,ch. 390, Laws 1957, ch. 539, Stat. Ann. § 82a-701 et seq. (1969). '•'iKans. Stat. Ann. § 82a-701 (1969). With respect to claimants without vested rights, see . chapter 10 at notes 522a-523. 183'Kans. Stat. Ann. §82a-703 (1969). 184 Id. §82a-718. 184ajWash. Rev. Code §90.14.170 (Supp. 1970). Sections 90.14.160 and 90.14.180 (con- taining similar language relating to appropriations authorized by the legislature prior to enactment of Laws 1917, ch. 117, or by custom or general adjudication, or appropri- ations by any "person hereafter [after July 1, 1967] entitled to divert or withdraw waters of the state... authorized under" the pertinent statutes) are noted under "Statutory Provisions: By States-Washington," infra. The other portions of these |
