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Show 328 KANSAS 3.1, supra, there are special statutory regulations pertaining to dams and reservoirs. For example, a person is authorized to construct a milldam on his own property.113 Also, anyone desiring to construct, operate, and maintain a milldam or dam for generating power may exercise the power of eminent domain to overflow the lands of another, or to construct ditches for the diversion of water if it is necessary for the operation of his proj ect.114 A separate section of the water code relates to the obstruction of streams, and specifies that anyone constructing a dam or other water obstruction, or changing or diminishing the current of any stream, must secure a permit from the chief engineer.115 Each appli- cation for a permit must be accompanied by plans and specifica- tions,116 and the chief engineer has the power to grant, deny, or conditionally approve the permit as he deems advisable.117 These provisions do not apply to the construction of a dam on a private stream where the dam is not more than 10 feet high or does not impound more than 15 acre-feet of water.118 Other statutory provi- sions require the approval of the chief engineer of dams built by landowners as part of the Federal agricultural conservation pro- gram.119 Upon payment of a statutory fee, the Division of Water Resources is authorized to make surveys and prepare plans and speci- fications for dams exceeding 10 feet in height for individual landowners.120 3.6 Springs Prior to the adoption of the water code, at least one Kansas decision stated that a spring fed by percolating water belonged to the owner of the property upon which it arose.121 However, when a spring flows into and forms a part of a watercourse, it would seem that the rights of the parties to that spring are governed by the law of watercourses. In one case where the evidence showed that a stream was fed largely from a spring, the Kansas Court ruled that the rights of the owner of the land upon which the spring arose, and the rights of owners of land abutting the watercourse, were governed by the law relating to watercourses.122 With respect to the acquisition of rights in springs in Kansas today, it appears that the broad language of the water code reserving all water to the people of the State is exclusive enough to encompass springs.123 Therefore, any right to the use of spring water, except for domestic purposes, would have to be initiated by filing an appli- cation with the chief engineer. 3.7 Diffused Surface Water Diffused surface water is water over the surface of the ground, sometimes forming temporary accumulations in depressions of the u* Sec. 82a-115. u* Sees. 82a-li01, 82a-102. ** Sec. 82a-301. 118 Sec. 82a-302. *« Sec. 82a-303. 118 Sec. 82a-304. 119 Sees. 82a-312, 82a-313, ana 82a-314. 120 Sec. 82a-411. mjobling v. Tuttle, 75 Kan. 351, 89 Pac. 699 (1907). 123 Weaver X. Beech Aircraft Corp., 180 Kan. 224, 303 P. 2d 159 (1956). ™ Sec. 82a- 702. |
