HOUSE BILL No. 2985
An Act relating to appropriation of water for use in
another state; amending
K.S.A. 82a-726 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 82a-726 is hereby
amended to read as follows: 82a-
726. (a) Any person intending to divert and transport water
from a point or points of diversion located in this state for use
state, shall make application to the chief engineer
division of water
resources of the state board of agriculture for a
permit to appropriate
water for beneficial use or file an application for change in point
version, place of use, type of use or any combination thereof.
If the chief
engineer of the division of water resources finds that the
transportation of such water complies with the Kansas water
tion act, and amendments thereto, the provisions of K.S.A.
82a-1506, inclusive, and amendments thereto, and any other
pertaining to such diversion, transportation and use of
water, Subject to
the provisions of subsection (b), the chief engineer shall
application upon such terms, conditions and limitations that the
engineer shall deem necessary for the protection of public
cluding an express condition that
any such water be is necessary
to protect the public health and safety of the citizens of this
approved application may be suspended, modified or revoked by the
engineer for such necessity.
(b) The chief engineer shall approve
an application pursuant to this
section only if the chief engineer finds that:
(1) The diversion and transportation
of such water complies with the
Kansas water appropriation act, the water transfer act and any
law pertaining to such diversion, transportation and use of
(2) the statutes and common law of the
state where such water will
be used do not prohibit the use of water at the proposed place
of use or
for the proposed type of use, or both, if the water were to be
that state; and
(3) the proposed diversion and
transportation of water will not allow
water apportioned to the state of Kansas by an interstate water
to be used in another state.
(c) In order to make the finding
required by subsection (b)(2), the
chief engineer shall rely on a determination by the attorney
general of the
other state of whether the proposed use would be prohibited in
Sec. 2. K.S.A. 82a-726 is hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 16, 2000.