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<br />>, <br /> <br />o <br />(~.] <br />.... <br />W <br />A <br />~ <br /> <br />. <br /> <br />... <br /> <br />, <br /> <br />STATEMENT <br /> <br />STATE OF KANSAS <br /> <br />Water Appropriation Law <br /> <br />The Kansas Legislature has for many years given recognition to the <br />need for a procedure whereby a legal right to the use of water could be <br />acquired. In 1886 an act was passed providing for establishing of a water <br />right by filing a notice of appropriation with the register of deeds of <br />the county in which the proposed diversion was located. A second act <br />passed in 1917 provided for appropriation of water by application to <br />the Kansas Water Commission which in 1927 became the Division of Water <br />Resources of the Kansas State Board of Agriculture. The earlier statute <br />was repealed in 1941 and three years later the other statute was held by <br />the state Supreme Court to be ineffectual as to the authority of the Divi- <br />sion of Water Resources to establish procedure for acquiring of water <br />rights. <br /> <br />A new water appropriation statute relating to both surface and ground <br />water was enacted in 1945. It sets forth in detail the procedure to be <br />followed in acquiring an appropriation right. All water within the state <br />of Kansas is dedicated to the use of the people of the state, and may be <br />appropriated subject to vested rights as defined in the act. <br /> <br />An appropriation right to water for beneficial purposes other than <br />domestic can be acquired by lDB.king application to the Chief Engineer of <br />the Division of Water Resources. Surface or ground water may be appro- <br />priated and the priority of appropriation dates from the time of filing <br />the application. Where appropriations of water for different purposes <br />conflict they take precedence in the order; domestic, municipal, irriga- <br />tion, industrial, recreational and water power. <br /> <br />When his application has been approved the applicant is authorized <br />to proceed with construction of works for diversion and use of water and <br />to otherwise perfect his proposed appropriation. Upon completion of the <br />works and application of water to the proposed use the applicant must <br />notify the Chief Engineer who then examines the diversion works and if <br />they are found to be completed and the appropriation right perfected in <br />conformity with the approved application he issues a certificate of appro- <br />priation. The original copy of the certificate is sent to the appropriator <br />and must be recorded in the office of the register of deeds in the county <br />wherein the point of diversion is located and a duplicate copy is filed <br />made in the office of the Chief Engineer. <br /> <br />A-17 <br />