Temporary permits to appropriate water; extension; fee; rules and regulations

82a-727. Temporary permits to appropriate water; extension; fee; rules and regulations. (a) Subject to existing water rights and the principle of beneficial use, the chief engineer may grant upon application made therefor temporary permits and extensions thereof to appropriate water in any case where the public interest in such water will not be unreasonably or prejudicially affected, except that the chief engineer shall not grant any such permit to appropriate fresh water in any case where other waters are available for the proposed use and the use thereof is technologically and economically feasible. No such temporary permit or any extension thereof shall be granted for a period of time in excess of six months. Each application submitted for a temporary permit or extension thereof shall be accompanied by an application fee of $200, or on and after July 1, 2028, a fee of $100. (b) The chief engineer shall adopt rules and regulations to effectuate and administer the provisions of this section. (c) Nothing in this section shall be deemed to vest in the holder of any permit granted pursuant to provisions of this section any permanent right to appropriate water except as is provided by such permit. (d) All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and amendments thereto. History: L. 1977, ch. 356, § 1; L. 1982, ch. 4, § 19; L. 1985, ch. 339, § 4; L. 2002, ch. 181, § 24; L. 2004, ch. 85, § 19; L. 2009, ch. 51, § 5; L. 2014, ch. 133, § 13; L. 2017, ch. 86, § 17; L. 2022, ch. 9, § 13; July 1. Law Review and Bar Journal References: "Groundwater Management in GMD4: Has It Succeeded?" Wayne Bossert, 15 Kan. J.L. & Pub. Pol'y, No. 3, 541 (2006). "Water Allocation Law and the Oil and Gas Industry in Kansas: An Update to the 1981 Neufeld Article," Eva N. Neufeld, John C. Peck, and Adam C. Dees, 51 W.L.J. 477 (2012). Attorney General's Opinions: Water well contractor is not obligated to apply for and obtain a permit to appropriate water prior to commencing water well construction. 2012-16.