The Kansas Water Appropriation Act - A Fifty-Year Perspective

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  • The Kansas Water Appropriation Act - A Fifty-Year Perspective Book Detail

  • Author : John C. Peck
  • Release Date : 2012
  • Publisher :
  • Genre :
  • Pages : 0
  • ISBN 13 :
  • File Size : 74,74 MB

The Kansas Water Appropriation Act - A Fifty-Year Perspective by John C. Peck PDF Summary

Book Description: In 1945, the Kansas Legislature enacted the Kansas Water Appropriation Act, which changed Kansas water allocation law from the common law riparian doctrine for streams and the absolute ownership ownership for groundwater. This article begins with the precursors to the Act-nineteenth legislation and cases, a major 1944 Kansas Supreme Court case, and a governor's committed appointed to recommend changes in the law. The Act changed water law from the common law rules to the doctrine of prior appropriation-first in time, first in right-for both groundwater and streams. Persons using water under common law claims in 1945 were protected with vested rights. Other people with water rights who were not using the water in 1945 simply lost their rights. All new users would have to obtain permits from the state to receive appropriation rights. The article describes the Act and various amendments to the Act from 1945 to 1995 as well as other relevant water legislation such was water planning statutes, groundwater management districts legislation, and the Water Transfer Act. The several court cases unsuccessfully challenging the constitutionality of the Act are mentioned. The main administrator of the Act is the chief engineer of the Division of Water Resources of the Kansas Department of Agriculture. The article provides information about the several people who served as chief engineer during the fifty-year period as well as developments during their tenures.

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