Same; contents; time of filing

82a-709. Same; contents; time of filing. No person may acquire a new appropriation right to the use of waters of the state for other than domestic purposes without making an application to the chief engineer for a permit to make such appropriation. However, any person using water for domestic purposes subsequent to June 28, 1945, and any person intending to use water hereafter for domestic purposes may make application to the chief engineer for a permit the same as any other person. The application shall set forth: (a) The name and post-office address of the applicant; (b) the source from which said appropriation shall be made; (c) the maximum rate at which water is to be diverted or used and the total annual quantity of water sought; (d) the location of the works or proposed works for the diversion and use of the water; (e) the estimated time for the completion of any proposed works; (f) the time of the first actual application of the water to the beneficial use involved, if there was such, and the estimated time for the first actual application of the water for the beneficial use proposed; (g) sworn statement or evidence of legal access to or control of the point of diversion from the landowner, or the landowner's authorized representative; (h) if for irrigation use, a description of the land to be irrigated by designating the number of irrigable acres in each forty (40) acre tract or fractional portion thereof; (i) if for municipal water supply, it shall give the present population to be served and estimated future requirements of the city; (j) any additional factors which may be required by the chief engineer. Such application shall be filed and approved before the commencement of any work in connection with the construction, enlargement or extension of any works for the diversion, storage, and use of water. History: L. 1945, ch. 390, § 9; L. 1957, ch. 539, § 15; L. 1977, ch. 356, § 5; L. 2009, ch. 65, § 4; July 1. Law Review and Bar Journal References: Constitutionality of water rights regulation, John Scurlock, 1 K.L.R. 125, 128 (1953). Powers and duties of chief engineer of the Kansas state board of agriculture discussed, Mike Foust, 11 W.L.J. 251, 255 (1972). Land leveling for irrigation in Kansas, Jerry L. Bean, 19 K.L.R. 597, 609 (1971). "Kansas Water Rights: More Recent Developments," Arno Windscheffel, 47 J.B.A.K. 217, 218 (1978). "The Kansas Water Appropriation Statutes and Their Effect Upon the Oil and Gas Industry in Kansas," Eva N. Neufeld, 50 J.K.B.A. 43, 44, 50 (1981). "Legal Constraints on Diverting Water from Eastern Kansas to Western Kansas," John C. Peck, 30 K.L.R. 160, 204 (1982). "Assessing the Quality of a Water Right," John C. Peck, 70 J.K.B.A. No. 5, 26 (2001). "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: Appropriation of water for beneficial use; application for permits; duties of chief engineer as to applications. 80-130. CASE ANNOTATIONS 1. Discussed in determining remedies available under act to common law claimants and appropriation users. Williams v. City of Wichita, 190 Kan. 317, 335, 340, 374 P.2d 578. 2. Requirement herein not a confiscation of water rights by legislative fiat. Williams v. City of Wichita, 190 Kan. 317, 335, 340, 374 P.2d 578.