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Show KANSAS 319 control structures, and may regulate these structures to assure the proper allocation of water among those users having valid rights.18 The chief engineer may establish field offices and may appoint water commissioners to better supervise the distribution of water,19 and may request the attorney general to bring suit to enjoin the unlawful appropriation, diversion, or use of water.20 The statutory provisions discussed above concerning the distribu- tion of water are primarily the result of the 1957 amendments to the water code. However, there are also earlier statutes (some dating back to 1891) still extant which require the installation and main- tenance of proper measuring devices and control structures,21 and which require the regulated distribution of water among those en- titled to its use.22 Anyone interfering with the water commissioner in distributing water is subject to criminal penalties.23 Users of water from a common canal, reservoir, or other words may agree to rotate the water among themselves,24 but a copy of the agreement must be filed with the superintendent of the ditch.25 However, no such agree- ment can adversely affect or impair other rights.26 2.2 Resolution of Water Use Conflicts Kansas has enacted a statutory procedure for the determination of the rights of all persons who were making a beneficial use of water on or before June 28,1945.27 Domestic uses are privileged under the provisions of this act. It is the responsibility of the chief engineer to conduct the studies and investigations necessary to make a deter- mination of the extent of all existing uses and to incorporate his findings into an order. All users are served with notice of the order and any user aggrieved by the order may appeal to the district court. The order of determination of the chief engineer remains in force and effect until stayed by an appeal. However, the statute expressly provides that no such determination is "deemed an adjudication of the relation between any vested right holders with respect to the operation or exercise of their vested rights.28 The act has been upheld against a challenge to its constitutionality.29 In addition to court review of the order of the chief engineer in adjudication actions, appeal may also be taken from his other deci- sions-such as orders approving or rejecting applications to appro- priate or change applications. All persons who participated before the chief engineer are notified of the action, and the court hears the matter as though it had original jurisdiction. Appeals may be taken to the Supreme Court.80 " Sec. 82a-706c. a> See. 82a-706e. » Sec. 82a-706d. 21 Sees. 42-322, 42-323, 42-324,42-325, 42-3101, and 42-3102. 22 Sees. 42-326, 42-328, and 42-329. *» Sees. 42-393 to 42-397. 2* Sees. 42-340, 42-341, and 42-342. « Sec. 42-343. 86 Sees. 42-344, 42-345, and 42-346. 27 Sec. 82a-704. 28 Sec. 82a-704. » State, ex rel. Emery v. Knapp, 167 Kan. 546, 207 P. 2d 440 (1949). so Sec. 82a-724. |