HB 2413--
Session of 1997
By Representative Shore

AN ACT concerning water rights; relating to abandonment or forfeiture; amending K.S.A. 82a-718 and repealing the existing section; also re- pealing K.S.A. 42-308. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 82a-718 is hereby amended to read as follows: 82a- 718. (a) All appropriations of water must be for some beneficial purpose. Every water right of every kind shall be deemed abandoned forfeited and shall terminate when without due and sufficient cause no lawful, bene- ficial use is henceforth made of water under such right for three five successive years, except as provided in subsection (b). (b) (1) The chief engineer shall not declare water rights forfeited in which the period of at least five successive years of nonuse occurred ex- clusively and entirely prior to January 1, 1988. This limitation does not apply to water rights under which the period of nonuse began prior to 1988 and successively continued beyond 1988. (2) In areas of the state formally closed to new appropriations of wa- ter by an intensive groundwater use control area order issued pursuant to K.S.A. 82a-1036 et seq. and amendments thereto or by rules and reg- ulations of the chief engineer, no water right shall be forfeited for nonuse occurring during the period January 1, 1997, through December 31, 2002. However, this section does not exempt any water right from corrective control provisions implemented pursuant to K.S.A. 82a-1036 et seq. and amendments thereto. (c) Enrollment in the water rights conservation program adopted by the chief engineer in K.A.R. 5-7-4 shall constitute due and sufficient cause for nonuse. (d) Failure of the owner of a water right to file a water use report pursuant to K.S.A. 82a-732 and amendments thereto for five successive years shall cause the water right or permit to be forfeited. (e) Before any water right shall be declared abandoned forfeited and terminated, the chief engineer shall conduct a hearing thereon in accor- dance with the provisions of the Kansas administrative procedure act. Notice shall be served on the user at least 30 days before the date of the hearing. The verified report of the chief engineer or such the chief en- HB 2413

 1  gineer's authorized representative shall be prima facie evidence of the
 2  abandonment forfeiture and termination of any water right.
 3    (f)  The provision of subsection (a) requiring five successive years of
 4  nonuse before a water right is forfeited does not apply to any water right
 5  declared abandoned before the effective date of this act in accordance
 6  with the law in effect at the time of the abandonment.
 7    Sec. 2.  K.S.A. 42-308 and 82a-718 are hereby repealed.
 8    Sec. 3.  This act shall take effect and be in force from and after its
 9  publication in the statute book.