| OCR Text |
Show KANSAS 307 court reference procedure for water cases was adopted by Kansas in 1957. In any suit involving a determination of water rights, to which the State is not a proper party, the court may order a reference to the Division of Water Resources or its Chief Engineer, as referee, to investigate and report any or all of the physical facts involved.116 Such reports are to be considered as evidence of the physical facts found by the referee,117 although the court must hear such further evidence as may be offered by any party in rebuttal. In any suit brought in a Federal court for determination of water rights within or partly within the State, the Division or its Chief Engineer may accept a reference as master or referee for the Federal court. Administration of Water Rights and Distribution of Water A function of the Division of Water Resources, Kansas State Board of Agriculture, and its Chief Engineer is to aid in the administration of court decrees of adjudication of water rights, and to distribute the water among the parties entitled to it pursuant to the decree. The State officials may adjust headgates and regulate controlling works. Copies of such decrees must be sent to the Chief Engineer by the clerk of the court.118 It is also the function of the Chief Engineer to enforce and administer the laws pertaining to the beneficial use of water and to control, regulate, and distribute the State waters in accordance with rights of prior appropriation.119 To .implement this mandate, he may promulgate and enforce reasonable rules and regulations, require the installation of measuring devices and furnishing of records, and regulate all control works.120 Subject to approval of the State Board of Agriculture, the Chief Engineer may establish field offices and appoint water commissioners therefor. The water commissioners are representatives of the Chief Engineer and have responsibility in supervising the distribution of water according to the several rights and priorities involved.121 U6Kans. Stat. Ann. §82a-725 (1969). The language, "the court may order a reference"- identical in both California [Cal. Water Code §2000 (West 1971)] and Kansas statutes-was construed by the California Supreme Court as making ordering of the reference discretionary with the trial court, which is subject to no positive duty to refer a water problem to the State agency. Allen v. California Water & Tel Co., 29 Cal. (2d) 466, 489,176 Pac. (2d) 8 (1946). 117 The referee's report shall contain such findings of fact as may be required by the court's order of reference and such opinion upon the facts as deemed proper in view of the issues submitted. Kans. Stat. Ann. §82a-725 (1969). 118Id. §§82a-719and-720. 119 Such distribution presumably would be subject to decreed rights, discussed immedia- tely above, and vested rights, discussed previously under "Determination of Conflicting Water Rights-Rights of water users on effective date of 1945 act." 12& Kans. Stat. Ann. § §82a-706 to -706c (1969). 121 Id. §82a-706e. |
