Chapter 82a, WATERS AND WATERCOURSES

82a-101. Erection and maintenance of dams, ditches or races over land of another. When any person, corporation or city may be desirous of erecting and maintaining a milldam or dam for generating power upon his, her or its own land across any watercourse, and shall deem it necessa…

82a-102. Eminent domain. He, she or it shall proceed to exercise the right of eminent domain in the manner provided in K.S.A. 26-501 to 26-516, inclusive. History: L. 1867, ch. 87, § 2; G.S. 1868, ch. 66, § 2; R.S. 1923, 59-102; L. 1963, ch. 234, § 96; January 1, 1964.

82a-114. Limitation of actions. No action for damages occasioned by the erection of a milldam shall be hereafter sustained unless such action be brought within two years after the erection of said dam, nor any action for the maintenance of a dam already erected unless brought wit…

82a-115. Right to maintain or raise milldam heretofore erected. Any person may obtain a right to maintain a milldam heretofore erected, or raise a milldam, upon his or her own land, by complying with the provisions of this act, adapting his or her petition to the nature of the ca…

82a-116. Acts or omissions entailing forfeiture of rights. Any person having obtained the right to erect and maintain, or to maintain or raise any dam, under the provisions of this act, who shall not, within one year thereafter, begin to build said dam and finish the same, or who…

82a-201. Acquisition by state of new channel where stream altered. Whenever the channel, or any part thereof, of any navigable stream in the state of Kansas has heretofore been, or shall hereafter be, suddenly changed or altered by such stream establishing a new channel by flood …

82a-202. Same; secretary of state to procure title; limitation on cost. In the event that the channel, or any part thereof, of any navigable stream has heretofore been, or shall hereafter be, altered or changed in the manner described in K.S.A. 82a-201, the secretary of state, as…

82a-203. Same; condemnation proceedings authorized; abandonment, when. In the event that the secretary of state and the owner or owners, of such new channel cannot agree upon a purchase price for the new channel, the secretary of state shall cause proceedings to be instituted to …

82a-204. Payment for new channel; survey, appraisal, and sale of old channel; application of proceeds. For the purpose of acquiring the new channel, the secretary of state shall cause the land in the corresponding abandoned channel to be surveyed by a surveyor, selected by him or…

82a-205. Conveyance of old channel. Whenever a sale of land is made under article 2 of chapter 82a of Kansas Statutes Annotated, the secretary of state shall cause to be executed and delivered a good and sufficient deed or patent, conveying to the purchaser or purchasers of said …

82a-209. Sale of land in abandoned channel of stream; survey; duties of secretary of state; appraisal. (a) Whenever the channel, or any part thereof, of any navigable stream in or bordering upon the state of Kansas has previously been, or shall hereafter be, changed or altered by…

82a-210. Same; disposition of proceeds from sale. The proceeds arising from the sale of any such land shall be remitted by the secretary of state to the state treasurer who shall deposit the entire amount thereof in the state treasury to the credit of the state general fund. Hist…

82a-211. Same; execution of patent. Upon any sale being made and completed as hereinbefore provided, the secretary of state shall cause to be executed and delivered a good and sufficient grant or patent conveying to the purchaser or purchasers of said land, or tracts of land, so …

82a-212. Lease or construction and maintenance easement of certain island in Kansas river in Douglas county to public utility; limitations and period; survey and appraisement; price; disposition of proceeds. (a) The secretary of state is hereby authorized to lease or grant a cons…

82a-213. Easement for park and recreation purposes on land along bank of Kansas river for city of Lawrence; conditions; authorization. (a) The secretary of state is hereby authorized and directed to grant an easement on tracts of land owned by the state of Kansas along the south …

82a-214. Easement for water appropriation purposes; limitations. The secretary of state is hereby authorized and directed to grant an easement to the MBPXL corporation on a tract of land owned by the state of Kansas along the south bank of the Arkansas river in the Northeast ¼ of…

82a-215. Easement for construction of diversion works along Kansas river for city of Topeka; conditions; authorization. (a) The secretary of state is hereby authorized and directed to grant an easement to the city of Topeka, Kansas, on a tract of land owned by the state of Kansas…

82a-216. Conveyance of land accredited due to Missouri river channel change. The secretary of state is hereby authorized and directed to cause to be conveyed by quitclaim deed, without consideration, any title of the state of Kansas in any tract of land located in Atchison county…

82a-217. Conveyance of abandoned river channel to city of Ogden. The secretary of state is hereby authorized and directed to cause to be conveyed by quitclaim deed, without consideration, any title of the state of Kansas in any tract of land located in the abandoned Kansas river …

82a-218. Easement for stream crossing on Arkansas river in Finney county. (a) The secretary of state is hereby authorized to grant a construction and maintenance easement to Finney county in, along and across the Arkansas river at a location in the Southeast ¼ of the Northeast ¼ …

82a-219. Easement for sanitary sewer to the city of Ogden. (a) The secretary of state is hereby authorized and directed to grant a permanent sanitary sewer easement to the city of Ogden on a tract of land owned by the state of Kansas in the following described real property: A tr…

82a-220. Grant of streambank easements by director of Kansas water office; definitions; authority; notice; filing with the register of deeds; rules and regulations. (a) As used in this act: (1) "Conservation project" means any project or activity that the director of the Kansas w…

82a-221. Easement for emergency management boat ramp on Kansas river in Wyandotte county. (a) The secretary of state is hereby authorized and directed to grant an easement on land owned by the state of Kansas along the north bank of the Kansas river in Wyandotte county and within…

82a-301. Permit or consent of chief engineer required to construct, modify or add to dams or other water obstructions; exceptions; definitions. (a) (1) Except as provided in subsections (c) and (d), without the prior written consent or permit of the chief engineer of the division…

82a-301a. Exclusive regulation and supervision of dams and other water obstructions by chief engineer. It is the intent of the legislature by this act to provide for the exclusive regulation of construction, operation and maintenance of all dams or other water obstructions by the…

82a-302. Applications for consent or permit, fees; contents; rules and regulations; permit fees. (a) Except as otherwise provided for general permits, each application for the consent or permit required by K.S.A. 82a-301, and amendments thereto, shall be accompanied by complete m…

82a-303. Same; conditions to permits; unlawful acts. The chief engineer of the division of water resources shall have power to grant or withhold such consent or permit or may incorporate in and make a part of said consent or permit such terms, conditions and restrictions as may b…

82a-303a. Rules and regulations by chief engineer. The chief engineer of the division of water resources of the Kansas department of agriculture shall adopt and may from time to time amend rules and regulations in order to establish standards for the construction, modification, o…

82a-303b. Inspection of dams by chief engineer; access to private property; costs of inspection; failure to comply, penalties. (a) (1) In order to secure conformity with adopted rules and regulations and to assure compliance with the terms, conditions or restrictions of any conse…

82a-303c. Violations of conditions or restrictions of permit or of rules and regulations; orders of chief engineer; remedial measures; emergency situations. (a) Whenever the chief engineer finds that: (1) The construction, modification, operation or maintenance of a dam or other …

82a-305a. Unlawful acts; penalties; injunction. (a) Any person, partnership, association, corporation or agency or political subdivision of the state government who violates any provision of this act or of any rule and regulation or order issued pursuant thereto shall be deemed g…

82a-307. Cleaning and maintaining banks and channels by county; petition or resolution; access to private property; claims for damages. (a) Upon petition of 50 taxpayers of any county of this state, owning land in the flood plain of any river in such county, or upon enactment of …

82a-308. Same; expenses and damages; tax levy, use of proceeds. Any expenses incurred in removing such obstructions as are mentioned in K.S.A. 82a-307, and amendments thereto, or damage to private property, shall be paid out of the general fund of the respective counties but if i…

82a-309. Distribution of proceeds from sale of sand products taken from river beds owned by state. (a) Of compensation received for sand products sold pursuant to K.S.A. 70a-102 and amendments thereto, $.0375 per ton sold shall be returned as follows: (1) If the sand products are…

82a-311. Same; cost of surveys; how paid; division of balances of proceeds. In any county in this state which, prior to the adoption of this act, has received any of the proceeds from the sale of sand products and which failed to have a survey made, as provided in K.S.A. 82a-307a…

82a-325. Water projects environmental coordination act; purpose. (a) This act shall be known and may be cited as the water projects environmental coordination act. (b) In order to protect the environment while facilitating the use, enjoyment, health and welfare of the people of t…

82a-326. Water projects environmental coordination act; definitions. When used in this act: (a) "Water development project" means any project or plan that requires a permit pursuant to K.S.A. 24-126, 24-1213, 82a-301 et seq., and amendments thereto, or the multipurpose small lake…

82a-327. Same; review of proposed project; considerations. (a) Prior to approval or issuance of a permit for a proposed water development project, the permitting agency shall obtain a review of the proposed project for environmental effects by the appropriate state environmental …

82a-328. Water structures fund. There is hereby created in the state treasury the water structures fund. The chief engineer of the division of water resources, Kansas department of agriculture shall remit all moneys received under K.S.A. 82a-302, 82a-303b and 24-126, and amendmen…

82a-405. Construction and maintenance of dams and reservoirs; tax exemption. Any landowner owning land in the state of Kansas, not within the corporate limits in any city in this state, who shall lawfully by the construction of a dam across a dry watercourse or any stream or wate…

82a-406. Same; approval of plans by chief engineer; construction in accordance with plans. In order to be entitled to the tax exemption provided in K.S.A. 79-201g, the landowner must submit to the chief engineer of the division of water resources, complete plans for such dam show…

82a-407. Same; tax exemption, time and procedure. Upon the completion of any such dam to the satisfaction of the chief engineer of the division of water resources, said chief engineer shall certify the completion of the dam and the capacity of the reservoir, giving detailed infor…

82a-408. Same; access to reservoirs when drought emergency declared; rules and regulations. Whenever during periods of drought, it is deemed warranted in the judgment of a majority of the board of county commissioners of any county in this state, the commissioners may by resoluti…

82a-409. Same; donation of land, easements or right-of-way; tax exemption. Any landowner who, otherwise in accordance with applicable provisions of K.S.A. 82a-406 and 82a-407 and acts amendatory thereof or supplemental thereto, in connection with the erection and maintenance of o…

82a-410. Same; invalidity of part. In case any section or sections or part of any section of this act shall be found to be unconstitutional, the remainder of the act shall not thereby be invalidated but shall remain in full force and effect. History: L. 1941, ch. 400, § 7; June 3…

82a-518. Ratification by legislature; text and map. The legislature hereby ratifies the compact, designated as the "Republican river compact," between the states of Colorado, Kansas, and Nebraska, signed in the city of Lincoln, state of Nebraska, on the thirty-first of December, …

82a-520. Arkansas river compact. The legislature hereby ratifies the compact, designated as the "Arkansas river compact," between the states of Colorado and Kansas signed in the city of Denver, state of Colorado on the fourteenth day of December, A.D. 1948, by Henry C. Vidal, Gai…

82a-521. Missouri river as boundary line, when. Upon the ratification of this act and a similar act of the state of Missouri by the congress of the United States, the center of the channel of the Missouri river, as its flow extends from its intersection with the fortieth (40th) p…

82a-522. Same; relinquishment of sovereignty. The state of Kansas hereby relinquishes to the state of Missouri all sovereignty over all lands lying on the Missouri side of said center of the channel of the Missouri river. History: L. 1949, ch. 510, § 2; February 26.

82a-523. Same; real estate titles. The public record of real estate titles in the state of Missouri to any lands, the sovereignty over which is relinquished by the state of Missouri to the state of Kansas, shall be accepted as evidence of the record title to such lands, to and in…