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Show 318 KANSAS preserved and protected.7 The general administration of water rights has been placed under State control and regulation. 2. State Organizational Structure for Water Administration and Control 2.1 A dministration of Water Rights A. GENERAL ADMINISTRATIVE RESPONSIBILITIES The general administrative control of Kansas water resources is vested in the division of water resources, which is a division of the board of agriculture.8 This division is administered by the chief en- gineer,9 who is charged with the responsibility of administering the statutes governing the appropriation and distribution of the water.10 The chief engineer may adopt rules and regulations, subject to the approval of the board of agriculture, to carry out his duties per- taining to the "control, conservation, regulation, allotment and dis- tribution of the water resources of the state." " This division is the successor to all of the powers and duties formerly held by the Kansas Water Commission and the Kansas Irrigation Commission." Among its other duties, the division has the responsibility of gathering data and information concerning irrigation plants and projects in the State.13 B. APPROPRIATION The 1945 act dedicated all of the unallocated water "to the use of the people of the State, subject to the control and regulation of the State * * *.14 A right can be initiated only by filing an applica- tion with the chief engineer, although private domestic uses are ac- corded special favor. The specific procedure which must be followed to perfect a valid appropriation is discussed in Section 3.1, infra. C. ADJUDICATION AND DISTRIBUTION Kansas has adopted a statutory procedure for the determination of existing rights, see Section 2.2, infra. With respect to the distribution of water, the chief engineer is directed by statute to control, conserve, regulate, allot, and aid in the distribution of the waters of the State in accordance with established rights.15 When rights to use water have been adjudicated, the division of water resources has the responsibility of carrying out the terms and provisions of the court's decree.16 As pointed out above, the chief engineer may adopt reasonable rules and regulations to carry out these duties.17 Further, in order to facilitate the proper distribution of water, the chief engineer may require the installation and maintenance of measuring devices and 7 Recs. 82a-701, 82a-715, 82a-716, and 82a-717a. 8 Sec. 74-506a. • Sec. 74-506d. 10 Sec. 82a-706. 11 Sec. 82a-706a. M Sec. 74-506b. w Sec. 74-509. " Sec. 82a-702. 15 Sec. 82a-706. 16 Sec. 82a-719. 17 Sec. 82a-706a. |
