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Show KANSAS 327 change. The applicant must demonstrate to the chief engineer that the proposed change will not impair existing rights and that the change involves the same source as the original appropriation.106 The chief engineer is to approve or reject the change in accordance with the criteria governing applications to appropriate, see section 3.1, supra. Any person aggrieved by the order of the chief engineer may appeal to the district court.107 3.4 Loss of Bights The water code provides that a water right is deemed abandoned and terminates if the owner of the right fails to beneficially use the water for a period of 3 successive years without due and sufficient cause.108 The statute does not define what is considered to be "due and sufficient cause" for the nonuse. Before any right can be declared abandoned, the owner must be notified in writing by the chief engi- neer and be given an opportunity to appear and show cause why his right should not be declared terminated. Following the hearing, the chief engineer issues an order determining the matter. If he finds there has been an abandonment of the right, the verified report of the chief engineer is deemed prima facie evidence of the termination of the right, but any order of the chief engineer declaring a right abandoned may be appealed to the district court.109 While the statute refers to an abandonment of the right, it is assumed that the legislature contemplated a statutory forfeiture. An abandonment requires both the act of nonuse and an intent to aban- don, while a forfeiture takes place upon the nonuse of the water for the statutory period and the intent of the user is immaterial. With respect to the loss of rights by adverse use and prescription, the water code provides that: * * * no water rights of any kind may be acquired hereafter solely by adverse use, adverse posession, or by estoppel.110 It should be noted that the above quoted statute also provides that water rights may not be acquired by estoppel. Estoppel is, of course, a separate and distinct legal doctrine from that of adverse possession. Prior to the adoption of this statute, the Kansas court had ruled that where there had been an adverse, continuous, exclusive use under a claim of right for the prescriptive period, a right could be gained by adverse use.111 3.5 Storage Waters, Artificial Lakes, and Ponds In order to acquire and perfect a right which contemplates the storage and use of water, an application for a permit must be filed with the chief engineer.112 In addition to the statutory provisions relative to the perfection of an appropriation discussed in section a* Sec. 82a-708b. *» Sec. 82a-708b. 108 Sec. 82a-718. 109 Sec. 82a-718. ™> Sec. 82a-705. m JoWng v. Tuttle, 75 Kan. 351, 89 Pac. 699 (1907) ; Wallace v. Winfleld, 96 Kan. 35, 149 Pac. 693 (1915). 113 Sees. 82a-705, 82a-709. |