Dedication of use of water

82a-702. Dedication of use of water. All water within the state of Kansas is hereby dedicated to the use of the people of the state, subject to the control and regulation of the state in the manner herein prescribed. History: L. 1945, ch. 390, § 2; June 28. Law Review and Bar Journal References: Constitutionality of water rights regulation, John Scurlock, 1 K.L.R. 125, 128, 134, 298, 307 (1953). Waters and watercourses and appropriation of water, 5 K.L.R. 470, 472 (1957). Cases in annotations Nos. 1 and 3 below analyzed, 11 K.L.R. 558, 559 to 561 (1963). "Constitutional and Administrative Law," Glenn E. Opie, 12 K.L.R. 143, 145 (1963). Ownership of water rights, Dennis L. Gillen, 10 W.L.J. 465, 467 (1971). "Weather Modification," John E. Howe, 46 J.B.A.K. 35, 37 (1977). "Kansas Water Appropriation Statutes and the Oil and Gas Industry in Kansas," Eva N. Neufeld, 50 J.B.A.K. 43, 44, 46 (1981). "Water: Upholding the Constitutionality of the Water Appropriation Act," Gary L. Brown, 21 W.L.J. 731, 735 (1982). "Legal Constraints on Diverting Water from Eastern Kansas to Western Kansas," John C. Peck, 30 K.L.R. 160, 165, 174 (1982). "The Parting of the Waters—The Dispute Between Colorado and Kansas Over the Arkansas River," Mark J. Wagner, 24 W.L.J. 99 (1984). "Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 75, 143, 144, 171 (1986). "Groundwater Pollution II: An Immodest Proposal for a Strategy to Prevent Groundwater Pollution," George Cameron Coggins, Robert L. Glicksman, 35 K.L.R. 241, 259 (1987). "A Proposed Strategy to Prevent Groundwater Contamination in Kansas: An Environmental Evaluation," Marsha F. Marshall, 35 K.L.R. 405 (1987). "A State Agency's Role in Protecting Groundwater Quality," Leland E. Rolfs, 35 K.L.R. 419, 421 (1987). "Recreational Use of Nonnavigable Waterways," James B. Wadley, 56 J.K.B.A. No. 9, 27, 32 (1987). "High Noon on the Ogallala Aquifer: Agriculture Does Not Live by Farmland Preservation Alone," Myrl L. Duncan, 27 W.L.J. 16, 46, 72, 73 (1987). "Time to Bite the Bullet: A Look at State Implementation of Total Maximum Daily Loads (TMDLS) Under Section 303(d) of the Clean Water Act," Mary E. Christopher, 40 W.L.J. 480 (2001). "Assessing the Quality of a Water Right," John C. Peck, 70 J.K.B.A. No. 5, 26 (2001). "Does Groundwater Management Work?" Burke W. Griggs, 15 Kan. J.L. & Pub. Pol'y, No. 3, 391 (2006). "Groundwater Management in Kansas: A Brief History and Assessment," John C. Peck, 15 Kan. J.L. & Pub. Pol'y, No. 3, 441 (2006). "Attention Kansas Water Right Holders: Be Nice to Your Neighbors, They're Policing Your Water Rights [Hawley v. Kansas Dep't of Agric., 132 P.3d 870 (Kan. 2005)]," Tyler A. Darnell, 46 W.L.J. 429 (2007). Attorney General's Opinions: County planning and zoning; waters and water courses; appropriation of water for general use. 91-146. Limitation and procedure on home rule power of taxation; county option severance tax on water. 95-8. Regulations adopted by chief engineer at the request and applicable only to one groundwater management district are preempted by those which apply statewide. 98-24. Water well contractor is not obligated to apply for and obtain a permit to appropriate water prior to commencing water well construction. 2012-16. CASE ANNOTATIONS 1. Heart of act; changes old Kansas law as to water rights. State, ex rel., v. Knapp, 167 Kan. 546, 549, 551, 552, 555, 556, 207 P.2d 440. 2. Purpose of statute mentioned in mandamus action. Artesian Valley Water Conservation Assn. v. Division of Water Resources, 174 Kan. 212, 213, 255 P.2d 1015. 3. Discussed, construed in exhaustive opinion holding act constitutional; due process; underlying ground waters. Williams v. City of Wichita, 190 Kan. 317, 332, 334, 336, 344, 374 P.2d 578. 4. Act is constitutional; notice; vested rights must be recognized. Baumann v. Smrha, 145 F. Supp. 617, 618, 619, 621, 624, 625. Affirmed: 352 U.S. 863, 77 S. Ct. 96, 1 L.Ed.2d 73. 5. Cited in holding K.S.A. 82a-728 does not constitute unconstitutional taking of property. F. Arthur Stone & Sons v. Gibson, 230 Kan. 224, 230, 630 P.2d 1154 (1981). 6. Prerequisite for establishing public prescriptive right to use of nonnavigable stream running through private land examined. State ex rel. Meek v. Hays, 246 Kan. 99, 110, 785 P.2d 1356 (1990). 7. Cited; statutory system where Kansas board of agriculture is elected by farm organization delegates violates equal protection. Hellebust v. Brownback, 824 F. Supp. 1511, 1514 (1993). 8. Water right principles discussed in challenge to the authority of public wholesale water supply district. Shipe v. Public Wholesale Water Supply Dist. No. 25, 289 Kan. 160, 210 P.3d 105 (2009).