10 AN ACT
concerning water rights; relating to change in place of use or
11 point of diversion;
amending K.S.A. 1999 Supp. 82a-708b and repeal-
12 ing the existing
section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 82a-708b is hereby amended to read
16 as follows: 82a-708b. (a) Except as
provided in subsection (b), any owner
17 of a water right may change the place of
use, the point of diversion or
18 the use made of the water, without losing
priority of right, provided such
19 owner shall: (1) Apply in writing to the
chief engineer for approval of any
20 proposed change; (2) demonstrate to the
chief engineer that any proposed
21 change is reasonable and will not impair
existing rights; (3) demonstrate
22 to the chief engineer that any proposed
change relates to the same local
23 source of supply as that to which the water
right relates; and (4) receive
24 the approval of the chief engineer with
respect to any proposed change.
25 The chief engineer shall approve or reject
the application for change in
26 accordance with the provisions and
procedures prescribed for processing
27 original applications for permission to
appropriate water. If the chief en-
28 gineer disapproves the application for
change, the rights, priorities and
29 duties of the applicant shall remain
unchanged. Any person aggrieved by
30 an order or decision by the chief engineer
relating to an application for
31 change may petition for review thereof in
accordance with the provisions
32 of K.S.A. 1999 Supp. 82a-1901 and
amendments thereto.
33
(b) Notwithstanding the provisions of subsection (a), any
owner of a
34 water right may change the place of use
or the point of diversion of the
35 water, without losing priority of right,
provided such owner shall use the
36 water only for irrigation upon land
owned or leased by the owner of such
37 water right.
38 (b)(c) Each application to change the place of use, the
point of di-
39 version or the use made of the water under
this section shall be accom-
40 panied by the application fee set forth in
the schedule below:
41
(1)Application to change a point of diversion 300 feet or
less
$50
42
(2)Application to change a point of diversion more than 300
feet
100
43
(3)Application to change the place of use
100
44
(4)Application to change the use made of the
water
150
45 Any application submitted which requests
two of the types of changes set
2
1 forth above shall be accompanied by a
fee of $150. Any application which
2 requests three types of changes shall
be accompanied by a fee of $250.
3
(c)(d) All fees collected by the
chief engineer pursuant to this section
4 shall be remitted to the state
treasurer as provided in K.S.A. 82a-731 and
5 amendments thereto.
6 Sec. 2. K.S.A. 1999 Supp.
82a-708b is hereby repealed.
7 Sec. 3. This act
shall take effect and be in force from and after its
8 publication in the statute book.