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<br />1991] <br /> <br />INTERSTATE TRANSFERS OF WATER <br /> <br />853 <br /> <br />(" <br /> <br />shall make application to the chief engineer of the division of water <br />resources of the state board of agriculture for a permit to appropri- <br />ate water for beneficial use or file an application for change in point <br />of diversion, place of use, type of use or any combination thereof. If <br />the chief engineer of the division of water resources finds that the <br />diversion and transportation of such water complies with the Kan- <br />sas water appropriation act, and amendments thereto, the provi- <br />sions of X.S.A. 82a-1501 to 82a-1506, inclusive, and amendments <br />thereto, and any other state law pertainii:1g to such diversion, trans- <br />portation and use of water, the chief engineer shall approve such <br />application upon such terms, conditions and limitations that the <br />chief engineer shall deem necessary for the protection of public in- <br />terest, including an express condition that should any such water be <br />necessary to protect the public health and safety of the citizens of <br />this state, such approved application may be suspended, modified or <br />revoked by the chief engineer for such necessity. <br />History: L. 1976, ch. 435, ~ 1; L..1984, ch. 380, ~ 1; July 1. <br /> <br />82a-1502. Same; approval considerations; emergency transfers, <br />conditions; no appro~al, when. (a) No person shall make a water <br />transfer in this state unless and until the transfer is approved pur- <br />suant to the provisions of this act. No water transfer shall be ap- <br />proved which would reduce the amount of water required to meet <br />the present or any reasonably foreseeable future beneficial use of <br />water by present or future users in the area from which the water is <br />to be taken for transfer, unless (1) the panel determines that the <br />benefits to the state for approving the transfer outweigh the bene- <br />fits to the state for not approving the transfer; (2) the chief engineer <br />recommends to the authority and the authority concurs that an <br />emergency exists which affects the public health, safety or welfare; <br />or (3) the governor has declared that an emergency exists which <br />affects the public health, safety or welfare. Whenever an emer- <br />gency exists a water transfer may be approved on a temporary basis <br />for a period of time not to exceed one year under rules and regula- <br />tions adopted by the chief engineer. The emergency approval shall <br />be subject to the terms, conditions and limitations specified by the <br />chief engineer. <br />(b) No water transfer shall be approved under the provisions <br />of this act if such transfer would impair water reservation rights, <br />vested rights, appropriation rights or prior applications for permit <br />to appropriate water. <br />History: L. 1983, ch. 341, ~ 2, May 12. <br /> <br />82a-1503. Same: applications for transfer, contents, hearing, <br />conduct; hearing panel, composition; matters considered. (a) Any <br />person desiring to make a water transfer shall file, with the chief <br /> <br />(' <br /> <br />HeinOnline -- 70 Neb. L. Rev. 853 1991 <br />