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Show 326 KANSAS The riparian right only extends to lands riparian to the streams and not to lands outside the watershed.95 However, a city which owns land adjoining a stream is not considered to be a riparian owner for purposes of supplying water to its inhabitants.98 C. APPROPRIATION RIGHTS Beneficial use is the measure and extent of the appropriative right, and the appropriator is limited to his reasonable needs.97 Further, a valid appropriation does not constitute ownership of the water itself. Rather, it is the right to divert and make a beneficial use of the quantity of water appropriated.98 As between appropriators, the first in time is first in right, and the priority of the right-except for domestic uses-dates from the time of the filing of the application in the office of the chief engineer. The priority of domestic rights dates from the time of the filing of the application or from the time the user places the water to beneficial use if he elects not to file an application.99 The water code provides that where uses of water for different purposes conflict, such uses are to conform to the following order of preference: Domestic, municipal, irrigation, industrial, recrea- tional, and water power uses. However, the owner of a water right for an inferior beneficial use can only be deprived of his right through condemnation proceedings.101 3.3 Changes, Sales, and Transfers The water code defines a water right to mean any vested right or appropriation right under which a person may divert and use water. The code further provides that a water right is a real property right appurtenant to and severable from the land in connection with which the water is used, and that any such right passes as an appurtenance to the conveyance of the land by deed, lease, mortgage, will, inher- itance, or other voluntary disposal.102 An earlier statute specifies that all water rights of every kind, or shares in an irrigation com- pany, are appurtenant to the land upon which they are established and pass with a conveyance of such land unless expressly excepted from the operation of the conveyance.103 Also, a person may file an application for a permit for use of water on the lands of another, but any right perfected attaches to the land upon which the water is used.104 Any^ owner of a water right may change the place of use, point of diversion, or nature of use of his right without a loss in priority,105 but before any such change can be accomplished, the owner must apply in writing to the chief engineer for approval of the proposed 85 Glark v. Allaman, 71 Kan. 206, 80 Pac. 571 (1905). wEmporia v. Soden, 25 Kan. 588 (1881) ; Wallace v. Winfleld, 96 Kan. 35, 149 Pac. 693 (iy15)• 97 Sees. 42-302, 82a-707, 82a-718. 88 Sec. 82a-707(a). "Sec. 82a-707(c). 101 Sec. 82a-707(b). 102 Sec. 82a-701(g). 108 Sec. 42-121. 104 Sec. 82a-708a. 105 Sec. 82a-708b. |
