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Show Chapter 16. KANSAS CONTENTS Page 1. Development of Kansas Water Law___________________________ 317 2. State Organizational Structure for Water Administration and Control. 318 2.1 Administration of Water Rights_______________________ 318 2.2 Resolution of Water Use Conflicts_____________________ 319 2.3 Other Agencies Having Water Resource Responsibilities___ 320 3. Surface Waters____________________________________________ 322 3.1 Method of Acquiring Rights_____________________..... 323 3.2 Nature and Limit of Rights__________________________ 324 3.3 Changes, Sales, and Transfers_________________________ 326 3.4 Loss of Rights_____________________________________ 327 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 327 3.6 Springs____________......_________________________ 328 3.7 Diffused Surface Waters_____________________________ 328 4. Ground Water____________________________________________ 330 Publications Available__________________......._.....__________ 331 DISCUSSION 1. Development of Kansas Water Law As part of the initial settlement and development of the State, Kansas adopted the riparian system of water rights. In its early decisions, the Kansas court announced that the riparian common law doctrine governed the rights to the use and enjoyment of the State's water resources.1 In 1886, the Kansas Legislature made an initial effort to implement the appropriation doctrine for irrigation pur- poses.2 However, the Kansas court rendered this early legislation ineffective insofar as accomplishing any substantial modification of the common law doctrine of riparian rights,3 although the court did state that both the doctrine of prior appropriation and the doctrine of riparian rights could exist m the same State.4 It was not until 1945 that legislation was enacted which fully implemented the appropriation system as the exclusive method of acquiring water rights in the State.5 The constitutionality of this legislation was subsequently upheld by the Kansas Supreme Court.6 Some amend- ments were made to the water code in 1957, dealing with certain specific problems which had arisen after the initial act was passed. Under the water code, the unallocated water is subject to appropria- tion while all prior rights-whether appropriation or riparian-are 18hamleffer v. Council Grove Peerless Mill Co., 18 Kan. 24 (1877) ; Emporia v. Soden, 25 Kan. S88 (1881) ; GlarJe v. Allaman, 71 Kan. 206, 80 Pac. 571 (1905). For an excellent review and analysis of Kansas water law, see Hutchins, The Kansas Law of Water Bights, 1957. a Kansas Laws 1886, ch. 115. • Frizell v. Bindley, 144 Kan. 84, 58 P. 2d '95 (1936). * Clark v. Allwman, 71 Kan. 206, 80 Pac. 571 (1905). 6 Kansas Statutes Annotated, sees. 82a-701 to 82a-725. For convenience, the Kansas statutes will hereafter be cited by section number only. The 1945 legislation was prompted by State v. Kansas State Bd, of Ag., 158 Kan. 603, 149 P. 2d 604 C1944). 'State, ex. rel. Emery v. Knapp, 167 Kan. 546, 207 P. 2d 440 (1949) ; Williams v. City of Wichita, 190 Kan. 317, 374 P. 2d 578 ((1962) ; Cities of Hesston & Sedgwick v. Smrha, 192 Kan. 647, 391 P. 2d 93 (1964). See also Bauman v. Smrha, 145 F. Supp. 617 (D. Kan. 1956), aff'd per curiam 352 U.S. 863 (1956). 317 |
