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Show KANSAS 323 3.1 Method of Acquiring Rights A. ACQUISITION OF RIPARIAN RIGHTS A riparian right is derived from the ownership of land abutting a watercourse, and is an incident of the ownership of riparian land by virtue of its contiquity to the stream.69 The Kansas court has held that the riparian right is annexed to the land itself, and is part and parcel of the realty.70 While a riparian right is normally acquired as an incident to the purchase of riparian land, such a right can be severed from the land and transferred independently of the land itself.71 As noted above, it is no longer possible to acquire rights under the riparian rights doctrine in Kansas, and the following statutory procedure oilers the exclusive method of acquiring new rights. B. ACQUISITION OP APPROPRIATION RIGHTS Although Kansas enacted legislation as early as 1886 to implement the appropriation system for irrigation purposes, this legislation and subsequent acts were given a rather narrow interpretation by the Kansas court. The net result was that these early legislative efforts were only given limited effect, and the riparian system remained dominant until a comprehensive water code was enacted in 1945.72 Since 1945, the right to the use of water can only be initiated by filing an application for a permit with the Chief Engineer. The only exception to this statutory procedure is water used for domestic purposes.73 The application for a permit must describe the nature and extent of the proposed appropriation in detail.74 The chief engineer is to approve the application if he finds that the proposed use will not impair existing rights or unreasonably affect the public interest. Otherwise, he is directed to reject the application or require its modification to conform to the public interest.75 In ascertaining whether the application will adversely affect the public interest, the chief engineer is to: * * * take into consideration the area, safe yield and recharge rate of the appropriate water supply, the priority of existing claims of all persons to use the water of the appropriate water supply, the amount of each such claim to use water from the appropriate water supply, and all other matters pertaining to such question.78 Each appropriation of surface water is subject to the express statutory condition that the right relates to a specific quantity of water and each right must allow for the reasonable increase or decrease of the streamflow at the appropriator's point of diversion.77 Further, the chief engineer may approve an application upon such <» Olark v. Allaman, 71 Kan. 206, 80 Pac. 571 (1905). 70 Shamleffer v. Oouncil Grove Peerless Mill Go., 18 Kan. 24 (1877) ; Smith v. Miller, 147 Kan. 40, 75 P. 2d 273 (1938). 71 Shamleffer v. Council Grove Peerless Mill Co., 18 Kan. 24 (1877); Johnston v. Bowersoch, 62 Kan. 148, 61 Pac. 740 (1900). 73 Hutchins, The Kansas Law of Water Rights, 24, 43, 44 (1957). *» gees. 82a-703, 82a-705, 82a-705a, and 82a-708a. » Sec. 82a-709. w Sec. 82a-711. ™ Sec. 82a-711. "" Sec. 82a-711a. 499-242-73------22 |