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Show 324 KANSAS terms, conditions, and limitations as he deems necessary to protect the public interest.78 Any person aggrieved by a decision of the chief engineer may appeal that decision to the district court.79 Once an application is approved, the applicant is to proceed with the construction of his works and the application of the water to beneficial use within the time allowed by the chief engineer.80 How- ever, extensions of time to complete the appropriation may be granted for g;ood cause shown.81 When the project is completed, the applicant notifies the chief engineer and, if the chief engineer finds that the appropriation has been perfected in accordance with the approved application, he issues the applicant a certificate evidencing the perfected right.82 Upon payment of just compensation, a person is allowed to obtain a right-of-way across another's land in order to aid in and facilitate the construction of dams, reservoirs, canals, ditches, and other divert- ing works for the application of water to beneficial use.83 3.2 Nature and Limit of Rights A. INTERRELATIONSHIP OF RIPARIAN AND APPROPRIATION RIGHTS Because Kansas has had both the riparian and appropriation sys- tems of water rights, it is necessary to understand the interrelation- ship between the two types of rights. As pointed out above, the riparian system of water rights was completely displaced by the appropriation doctrine with the enactment of a comprehensive water code in 1945.84 From that point forward a right-except for domestic use-could only be initiated by filing an application for a permit. However, this legislation preserved and protected all prior existing rights and several provisions of the code reflect this protection. First, the act defines a vested right to mean: * * * the right of a person under a common law or statutory claim to continue the use of water having actually been applied to any beneficial use, including domestic use, on or before June 28, 1945, to the extent of the maximum quantity and rate of diversion for the beneficial use made thereof, and shall include the right to take and use water for beneficial purposes where a person is engaged in the construction of works for the actual application of water to a beneficial use on June 28, 1945, provided such works shall be completed and water is actually applied for such use within a reasonable time thereafter by such person, his heirs, successors or assigns. Such a right does not include, how- ever, those common law claims under which a person has not applied water to any beneficial use within the periods of time set out in this subsection.88 Thus, even though riparian rights are protected, beneficial use con- stitutes a limitation to the right. In sustaining the constitutionality of the water code, the Kansas Supreme Court stated that it was within the competency of the legislature to define the extent of the vested rights of common law water users.88 *> Sec. 82a-712. 70 Sec. 82a-711. so Sees. 82a-712, 82a-713. 81 Sec. 82a-713. M Sec. 82a-714. The certificate must be recorded in the office of the chief engineer. «• Sees. 42-316 to 42-320. M Hutching. The Kansas Law of Water Rights, 43 (1957). But see Heise v. Schulz, 167 Kan. 34, 204 P. 2d 706 (1949) and Weaver v. Beech Aircraft Corp., 180 Kan. 224, 303 P. 2d 159 (1956). 85 Sec. 82a-701(d). m Williams v. Otty of Wichita, 190 Kan. 317, 374 P. 2d 578 (1962). |
