Kansas Statutes 82a-1304. Same; “water reservation rights”; procedure for acquiring; notice, content; acceptance; filing, perfection of rights
Terms Used In Kansas Statutes 82a-1304
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Authority: means the Kansas water authority. See Kansas Statutes 82a-1301
- Chief engineer: means the chief engineer of the division of water resources of the Kansas department of agriculture. See Kansas Statutes 82a-1301
- Director: means the director of the Kansas water office. See Kansas Statutes 82a-1301
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
The director, on behalf of the state, shall acquire a water reservation right by filing with the chief engineer a written notice which shall include the following:
(a) The name of the stream on which the reservoir is located;
(b) the reservoir on which a water reservation right is sought;
(c) the legal description of the point of diversion for the reservoir;
(d) the storage space in the reservoir for supply or for water quality described in terms of elevation and design capacity;
(e) for a water reservation right for waters flowing into the conservation storage water supply capacity of any reservoir, hydrologic calculations for a drought having a 2% chance of occurrence in any one year with the reservoir in operation, specifying the rate of flow of streams into the reservoir and the volume of waters impounded in the reservoir that will be necessary to insure a yield of water from the reservoir for beneficial use;
(f) for a water reservation right for waters flowing into the conservation storage water quality capacity of any reservoir, information on rates of flow into the reservoir; and
(g) such other information which the chief engineer may request in carrying out provisions of this act.
Upon receiving any such filing, the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof, or inform the director in writing that the notice does not comply with the above requirements in one or more ways, all of which shall be specified. Thereupon, the director shall modify the written notice as may be appropriate and return the notice to the chief engineer. When the written notice complies with the requirements of this section the chief engineer shall transmit to the director and the chairperson of the authority written acceptance thereof. Upon receipt of the written acceptance of the chief engineer as provided in this section, the director shall file, as other instruments affecting real estate, copies of the accepted written notice in the office of the register of deeds of the county or counties wherein the point of diversion for the reservoir is located; and such water reservation right shall thereby be perfected as of the date of original filing.
Nothing in this section shall require the director to acquire an appropriation right, or approval of the chief engineer, under article 7 of chapter 82a of Kansas Statutes Annotated.