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Author: John C. Peck Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Legislation in Kansas declares water rights to be property rights. The water resources in most parts of Kansas are fully appropriated - i.e., new water rights for water are generally unavailable from the state. To obtain water supplies in the future, entities will have to purchase existing water rights, or, in the case of entities having the statutory power of eminent domain, such as cities and other governments and some industries, they may have to resort to condemnation of existing water rights. This articles explores this subject in Kansas. First addressed is the general law of condemnation-various constitutional and statutory sections that grant condemnation power and the kinds of interests, including waters and water rights, that may be the subject of a condemnation lawsuit. Numerous entities have condemnation powers, but issues exist as to what types of property can be condemned. The article then discusses valuation of property taken. The third part of the article summarizes the law of condemnation of water rights in other states. Lastly, the article proposes a new Kansas statute on water rights condemnation, drafted by the author in an attempt to answer existing problems and to remove some ambiguities in Kansas law.
Author: John C. Peck Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Legislation in Kansas declares water rights to be property rights. The water resources in most parts of Kansas are fully appropriated - i.e., new water rights for water are generally unavailable from the state. To obtain water supplies in the future, entities will have to purchase existing water rights, or, in the case of entities having the statutory power of eminent domain, such as cities and other governments and some industries, they may have to resort to condemnation of existing water rights. This articles explores this subject in Kansas. First addressed is the general law of condemnation-various constitutional and statutory sections that grant condemnation power and the kinds of interests, including waters and water rights, that may be the subject of a condemnation lawsuit. Numerous entities have condemnation powers, but issues exist as to what types of property can be condemned. The article then discusses valuation of property taken. The third part of the article summarizes the law of condemnation of water rights in other states. Lastly, the article proposes a new Kansas statute on water rights condemnation, drafted by the author in an attempt to answer existing problems and to remove some ambiguities in Kansas law.
Author: John C. Peck Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Kansas lies on the border between water abundance and water shortage. Southeast Kansas receives over forty inches of annual rainfall; southwest Kansas receives under sixteen. Western Kansas has abundant but diminishing ground-water reserves. Kansans use these resources extensively. We are nearing a time when most of the water in the state will be appropriated under our permit system. When that happens, we will likely move into another era: water rights will be obtained primarily by purchase or condemnation rather than by filing with a state official. This article deals with "changes" and "transfers" of water rights in Kansas. By "change" we mean changes in attributes of a water right, such as changes in the type of use, place of use, or place of diversion. By "transfer" we mean a legal change of ownership. Changes by an owner are possible without a transfer of ownership, but changes are often necessary when a transfer is made.
Author: John C. Peck Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Like other Western states, Kansas follows the Prior Appropriation Doctrine for water rights allocation - “first in time, first in right.” Traditionally, these water rights must be used, or they can be declared abandoned. Loss of water rights for non-use is important, because over appropriation of Kansas' water resources has led to the closure of much of the state to new water permits. Water users must thus make sure that their water rights remain active and legal. This article discusses loss of water rights in Kansas. Several questions are discussed. One question is whether Kansas is an “abandonment” state or a “forfeiture” state. Historically, abandonment has been a doctrine adopted by courts that allows the intent of the water user to be relevant on whether an abandonment has occurred. Forfeiture is the loss of a right for failure to use the right for the period of time, such as three or five years, expressly stated in a statute, the intent of the water right holder being irrelevant. Other issues covered in the article include whether vested rights (water rights pre-dating the Kansas Water Appropriation Act of 1945) are subject to abandonment; whether pre-1945 Act legislation dealing with loss of water rights for non-use is relevant in light of the 1945 Act; when a water right has sufficiently matured to be subject to abandonment; what constitutes “due and sufficient cause” for non-use, which can be a defense to an action by the state to declare a water right abandoned; whether partial abandonments are possible; who has the burden of proof in an abandonment hearing, the state or the water right holder; and whether a water right can be declared abandoned for unauthorized use as compared to non-use. The article attempts to answer these questions and points out several potential problems with current law.
Author: Burke W. Griggs Publisher: ISBN: Category : Groundwater Languages : en Pages : 0
Book Description
I have prepared this outline of Kansas water law for the benefit of the Interim Committee on Natural Resources. By the standard of legislative testimony, it is painfully long; by the standards of a legal treatise, it is painfully short and incomplete. Nonetheless, it is intended as a basic guide to the structure and operation of Kansas water law, as that law has established property rights in the use of water, and how owners of Kansas water rights have (and have not) protected those rights. I will limit my oral testimony to the basic elements of this written testimony, so that I can answer the questions of the committee..
Author: John C. Peck Publisher: ISBN: Category : Languages : en Pages : 0
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.
Author: John C. Peck
Author: John C. Peck
Author: Wells Aleck Hutchins
Author: Kansas. State Water Resources Board
Author: Kansas. State Board of Agriculture
Author: Wells Aleck Hutchins
Author: John C. Peck
Author: John C. Peck
Author: Burke W. Griggs
Author: John C. Peck
Author: John C. Peck