Title: Kansas - Appropriation of Water for Beneficial Use
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Title: Kansas - Appropriation of Water for Beneficial Use
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Publisher: Waters and Watercourses
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Jake Varn Collection - Kansas - Appropriation of Water for Beneficial Use (JDV Box 39)
General Note: Box 29, Folder 23 ( Water Statutes - Other States - 1900s ), Item 9
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APPROPRIATION OF WATER FOR BENEFICIAL USE


:ties shall be made until such approval has
:-en received.
At any time after the participating members
the district have approved such transfer of
,ects and properties as herein provided for
v petition or election, and after an agree-
:Awnt is executed as authorized herein, and
,pon payment of the twenty percent (20%)
Sthe outstanding indebtedness and debts as
quired, the board of directors of the water
district t shall transfer the physical assets and
properties to the municipality or board of
public utilities, together with all records,
:;aps, plans and files in connection therewith
.nd thereafter the governing body of the city
r the board of public utilities, as the case
nay be, shall operate such properties as a
dart of the municipal functions of the city,
subjectt to the terms of the agreement entered
mnto. [L. 1969, ch. 107, 1; April 15.]

Article 7.-APPROPRIATION OF WATER
FOR BENEFICIAL USE
Cross References to Related Sections:
State division of water resources, see 74-506a to
74-506d, 74-509, 74-510.
Right to collect and store water, see 42-313.
Law Review and Bar Journal References:
Water law in Kansas, Arno Windscheffel, 23
J.B.A.K. 171, 174 (1954); 26 J.B.A.K.
185(1957).
Discussed in article on constitutionality of water
rights regulation, John Scurlock, 1 K. L. R. 125,
132, 133, 134 (1953).
Act prior to L. 1957, ch. 539 discussed in note on
waters and watercourses and appropriation of
water, 5 K.L.R. 470 to 472 (1957).
Act mentioned in 1956-57 survey of law concern-
ing municipal corporations, Lawrence E. Curf-
man, 6 K.L.R. 206, 210 (1957).
Case of Baumann v. Smrha, 145 F. Supp. 617,
affirmed in 352 U. S. 863, 77 S. Ct. 96, 1 L. Ed.
2d 73, which considers act of 1945, discussed
in 1956-57 survey of water law, Earl B. Shurtz,
6 K. L. R. 264, 265 (1957).
Act mentioned in 1957-59 survey of civil practice
law, Earl B. Shurtz and William A. Kelly, 8
K. L. R. 201, 202 (1959).
Act discussed in note on water and watercourses
and actions to determine, establish, and protect
rights, 9 K. L. R. 88, 91 (1960).
Case of Williams v. City of Wichita, 190 K. 317,
374 P. 2d 578, which determined the constitu-
tionality of 1945 act, analyzed in note on waters
and watercourses and constitutionality of said
act, 11 K. L. R. 558, 559 to 561 (1963).
Discussed in case note on cost depletion deduc-
tion for groundwater, Robert I. Guenthner, 14
K. L. R. 534, 535 to 538 (1966).
82a-701. Definitions. When used in this
act, unless the context indicates otherwise, the
following words shall have the following
meanings:


(a) "Person" shall mean and include a nat-
ural person, a partnership, an organization, a
corporation, a municipality and any agency
of the state or federal government.
(b) "Chief engineer" means the chief engi-
neer of the division of water resources of the
Kansas state board of agriculture.
(c) "Domestic uses" means the use of water
by any person or by a family unit or house-
hold for household purposes, or for the water-
ing of livestock, poultry, farm and domestic
animals used in operating a farm, and for the
irrigation of lands not exceeding a total of
one acre in area for the growing of gardens,
orchards and lawns.
(d) "Vested right" means the right of a per-
son under a common law or statutory claim
to continue the use of water having actually
been applied to any beneficial use, including
domestic use, on or before June 28, 1945, to
the extent of the maximum quantity and rate
of diversion for the beneficial use made
thereof, and shall include the right to take
and use water for beneficial purposes where
a person is engaged in the construction of
works for the actual application of water to
a beneficial use on June 28, 1945, provided
such works shall be completed and water is
actually applied for such use within a reason-
able time thereafter by such person, his heirs,
successors or assigns. Such a right does not
include, however, those common law claims
under which a person has not applied water
to any beneficial use within the periods of
time set out in this subsection.
(e) "Appropriator" means and includes a
person who has an appropriation right that
has been perfected in conformity with article
7 of chapter 82a of the General Statutes of
1949 and acts amendatory thereof and supple-
mental thereto.
(f) "Appropriation right" is a right, ac-
quired under the provisions of article 7 or
chapter 82a of the General Statutes of 1949
and acts amendatory thereof and supple-
mental thereto, to divert from a definite water
supply a specific quantity of water at a specific
rate of diversion, provided such water is
available in excess of the requirements of all
vested rights that relate to such supply and
all appropriation rights of earlier date that
relate to such supply, and to apply such water
to a specific beneficial use or uses in prefer-
ence to all appropriations right of later date.
(g) "Water right" means any vested right
or appropriation right under which a person
may lawfully divert and use water. It is a


82a-701





WATERS AND WATERCOURSES


real property right appurtenant to and sever-
able from the land on or in connection with
which the water is used and such water right
passes as an appurtenance with a conveyance
of the land by deed, lease, mortgage, will, or
other voluntary disposal, or by inheritance.
[L. 1945, ch. 390, 1; L. 1957, ch. 539, 1;
June 29.]
Research and Practice Aids:
Waters and Water Coursese-128.
Hatcher's Digest, Waters 1, 30 to 34, 63.
C. J. S. Waters 157 et seq.
Law Review and Bar Journal References:
Case in annotations Nos. 7 and 8 below analyzed
in note on waters and watercourses and con-
stitutionality of Kansas water appropriation
act of 1945, 11 K. L. R. 558, 559 to 561 (1963).
Constitutionality of act discussed, "Constitutional
and Administrative Law," Glenn E. Opie, 12
K. L. R. 143, 144 (1963).
Mentioned in survey of law of "Municipal Corpo-
rations," Albert B. Martin, 12 K.L.R. 285,
294 (1963).
Act mentioned as constitutional in survey of law
of "Real Property and Future Interests," James
K. Logan, 12 K. L. R. 305, 328 (1963).
Cited in discussing modification or abolition of
certain property rights under police power of
state, Robert I. Guenthner, 15 K.L.R. 346,
362 (1967).
CASE ANNOTATIONS
1. Cited but not applied in refusing mandatory
injunction to remove dams. Heise v. Schulz, 167 K.
34, 45, 204 P. 2d 706.
2. Various constitutional objections considered
and act held valid; discussed; construed. State, ex
rel., v. Knapp, 167 K. 546, 549, 551, 552, 556,
207 P. 2d 440.
3. Purpose of statute mentioned in mandamus
action. Artesian Valley Water Conservation Assn.
v. Division of Water Resources, 174 K. 212, 213, 255
P. 2d 1015.
4. Mentioned; granting injunction enjoining ap-
propriation of spring feeding stream not error.
Weaver v. Beech Aircraft Corporation, 180 K. 224,
229, 303 P. 2d 159.
5. Constitutionality of act erroneously determined
at unauthorized pretrial conference. City of Hesston
v. Smrha, 184 K. 223, 224, 229, 231, 336 P. 2d 428.
6. Act mentioned; declaratory judgment action to
determine water rights of riparian owners. Huber v.
Schmidt, 188 K. 36, 38, 360 P. 2d 854.
7. Various federal and state constitutional objec-
tions considered and act held valid; construed; dis-
cussed. Williams v. City of Wichita, 190 K. 317,
318, 319, 325, 326, 331, 332, 333, 334, 335, 336,
337, 338, 339, 340, 341, 343, 344, 345, 347, 348,
350, 352, 353, 354, 355, 356, 358, 359, 362, 364,
374 P. 2d 578.
8. "Vested right" definition in subsection (d)
premised upon beneficial use of water and not upon
nonuse. Williams v. City of Wichita, 190 K. 317,
334, 335, 336, 345, 346, 354, 356, 358, 374 P.
2d 578.
9. Act is constitutional; notice; vested rights
must be recognized. Baumann v. Smrha, 145 F.


Supp. 617, 618, 619, 621, 625. Afmfr,
U. S. 863, 77 S. Ct. 96, 1 L. Ed. 2d 7:1.
10. Federal court will refuse to d.t,::t~1,.
erty rights in water until state court I,i.,
mination under statute. Williams v. City ot V
Kansas, 279 F. 2d 375, 377.
11. Mentioned; constitutionality of st.l:
not be questioned by trial court without it
other pleadings before it. Williams v. Silli,;
K. 473, 389 P. 2d 756.
12. Act is constitutional under state anid :.
constitutions. City of Hesston v. Smrha, 1'2 K
391 P. 2d 93.
13. Mentioned; issues in case held conti::,
previous decisions. City of McPherson v. .
193 K. 556, 396 P. 2d 269.
14. Mentioned; issues in case held coititii,
previous decisions. Williams v. Smrha, 191 K
396 P. 2d 270.
82a-702. Dedication of use of water. All
water within the state of Kansas is h
dedicated to the use of the people of the t'+e.
subject to the control and regulation a 4t
state in the manner herein prescribed.
1945, ch. 390, 2; June 28.]
Research and Practice Aids:
Hatcher's Digest, Waters 1, 6, 30 to 31, 6:
Law Review and Bar Journal References:
Discussed in article on constitutionality of
rights regulation, John Scurlock, 1 K. L. I
128, 134, 298, 307 (1953).
Case in annotation No. 1 below mentioned in :
on waters and watercourses and approp;%,,
of water, 5 K. L. R. 470, 472 (1957).
Cases in annotations Nos. 1 and 3 below ana!'
in note on waters and watercourses and .
stitutionality of Kansas water appropri.'
act of 1945, 11 K.L.R. 558, 559 to
(1963).
Mentioned in survey of "Constitutional and
ministrative Law," Glenn E. Opie, 12 K. I.
143, 145 (1963).
CASE ANNOTATIONS
1. Heart of act; changes old Kansas law .,
water rights. State, ex rel., v. Knapp, 167 K.
549, 551, 552, 555, 556, 207 P. 2d 440.
2. Purpose of statute mentioned in man'l.i
action. Artesian Valley Water Conservation As,-'
Division of Water Resources, 174 K. 212, 213,..
P. 2d 1015.
3. Discussed, construed in exhaustive or
holding act constitutional; due process; undl,'
ground waters. Williams v. City of Wichita, IP
317, 332, 334, 336, 344, 374 P. 2d 578.
4. Act is constitutional; notice; vested rights :
be recognized. Baumann v. Smrha, 145 F.
617, 618, 619, 621, 624, 625. Affirmed: 352 1
863, 77 S. Ct. 96, 1 L. Ed. 2d 73.
82a-703. Water may be appropriate
subject to vested rights. Subject to \resd
rights, all waters within the state may be. p-
propriated for beneficial use as herein pro-
vided. Nothing in this act contained s hl11


82a-702





APPROPRIATION OF WATER FOR BENEFICIAL USE


impair the vested right of any person except
for nonuse. [L. 1945, ch. 390, 3; June 28.]
Research and Practice Aids:
Hatcher's Digest, Waters 1, 6, 30 to 34, 63.
Law Review and Bar Journal References:
Discussed in article on constitutionality of water
rights regulation, John Scurlock, 1 K. L. R.
125, 132, 298, 307 (1953).
Cited in discussing modification or abolition of
certain property rights under police power of
state, Robert I. Guenthner, 15 K.L.R. 346,
362 (1967).
CASE ANNOTATIONS
1. Purpose of statute mentioned in mandamus
action. Artesian Valley Water Conservation Assn.
v. Division of Water Resources, 174 K. 212, 213,
25 P. 2d 1015.
2. Discussed, construed in exhaustive opinion
holding act constitutional; due process; underlying
foundd waters. Williams v. City of Wichita, 190 K.
317, 334, 374 P. 2d 578.
82a-704. Order determining vested rights
other than domestic as of or before June 28,
1945; effect; notice; appeal. The chief engi-
neer or his authorized representatives shall
proceed with the necessary steps to gather
data and other information as may be essential
to the proper understanding and determina-
tion of the vested rights of all parties using
water for beneficial purposes other than do-
mestic. Such observations and measurements
shall be reduced to writing and made a matter
of record in his office.
The chief engineer shall then make an order
determining the rights of all persons making
beneficial use of water for all purposes other
than domestic on or before June 28, 1945, and
the then extent of their uses and shall notify
all such water users as to the contents of such
order. Service of such notice shall be deemed
complete upon depositing such notice in the
post office as registered or certified mail ad-
dressed to such water user at his last known
post-office address. Any such water user who
deems himself aggrieved by the order of deter-
mination with respect to his water use may
appeal to the district court in the manner pre-
scribed by section 24 [82a-724] hereof. The
order of determination of the chief engineer
shall be in full force and effect from the date
of its entry in the records of his office unless
and until its operation shall be stayed by an
appeal therefrom by such user in accordance
with the provisions of section 24 [82a-724]
hereof: Provided, That no such determina-
tion shall be deemed an adjudication of the
relation between any vested right holders with
respect to the operation or exercise of their


vested rights. [L. 1945, ch. 390, 4; L. 1957,
ch. 539, 6; June 29.]
Research and Practice Aids:
Hatcher's Digest, Appeal and Error 22; Waters
1, 6,30 to 34.
Law Review and Bar Journal References:
Cited in discussing modification or abolition of
certain property rights under police power of
state, Robert I. Guenthner, 15 K.L.R. 346,
362 (1967).
CASE ANNOTATIONS
1. Various constitutional objections considered
and act held valid; discussed; construed. State, ex
rel., v. Knapp, 167 K. 546, 549, 551, 553, 556, 207
P. 2d 440.
2. Statutory method of notice essential; notice to
attorney insufficient; appeal. Artesian Valley Water
Conservation Assn. v. Division of Water Resources,
174 K. 212, 214, 215, 255 P. 2d 1015.
3. Appeal from engineer's order; overruling mo-
tion to dismiss same not appealable. City of Mc-
Pherson v. Smrha, 179 K. 59, 60, 293 P. 2d 239;
Williams v. Smrha, 179 K. 61, 293, P. 2d 241; Cities
of Hesston and Sedgwick v. Smrha, 179 K. 72, 293
P. 2d 241; Williams v. Smrha, 179 K. 73, 293 P.
2d 241.
4. Error to dismiss chief engineer as party before
issues joined. Cities of Hesston and Sedgwick v.
Smrha, 186 K. 785, 786, 352 P. 2d 1053.
5. When water-use rights determined hereunder,
act recognizes superior vested right of user to con-
tinue pre-1945 uses. Williams v. City of Wichita,
190 K. 317, 334, 374 P. 2d 578.
6. Act is constitutional; notice; vested rights must
be recognized. Baumann v. Smrha, 145 F. Supp.
617, 618, 619, 621, 624, 625. Affirmed: 352 U. S.
863, 77 S. Ct. 96, 1 L. Ed. 2d 73.
82a-705. Acquisition of appropriation
right to use water other than domestic; ap-
proval. No person shall have the power or
authority to acquire an appropriation right to
the use of water for other than domestic use
without first obtaining the approval of the
chief engineer, and no water rights of any
kind may be acquired hereafter solely by ad-
verse use, adverse possession, or by estoppel.
[L. 1945, ch. 390, 5; L. 1957, ch. 539, 7;
June 29.]
Research and Practice Aids:
Application for permit to appropriate water for
beneficial use, Vernon's Kansas Forms 9901.
Law Review and Bar Journal References:
Discussed in 1956-57 survey of water law, Earl
SB. Shurtz, 6 K. L. R. 264, 266, 267, 270 (1957).
82a-705a. Domestic use after June 28,
1945; information to chief engineer. The use
of water for domestic purposes instituted sub-
sequently to June 28, 1945, to the extent that
it is beneficial, shall constitute an appropria-
tion right. The chief engineer, however, may
require any person using water for any pur-


~rrr~Y~rP--~.--,--rirUP-~-~LXLLI(LILLI _


82a-705a






82a-706 WATERS AND WATERCOURSES


pose to furnish information with regard to
such use thereof. [L. 1957, ch. 539, 2;
June 29.]
82a-706. Duties of chief engineer as to
beneficial use and rights of priority of appro-
priation. The chief engineer shall enforce
and administer the laws of this state pertain-
ing to the beneficial use of water and shall
control, conserve, regulate, allot and aid in
the distribution of the water resources of the
state-for the benefits and beneficial uses of all
of its inhabitants in accordance with the rights
of priority of appropriation. [L. 1945, ch.
390, 6; L. 1957, ch. 539, 8; June 29.]
Research and Practice Aids:
Hatcher's Digest, Waters 1, 6, 30 to 34.
CASE ANNOTATIONS
1. Appeal from engineer's order; overruling mo-
tion to dismiss same not appealable. City of Mc-
Pherson v. Smrha, 179 K. 59, 60, 293 P. 2d 239;
Williams v. Smrha, 179 K. 61, 293 P. 2d 241; Cities
of Hesston and Sedgwick v. Smrha, 179 K. 72, 293
P. 2d 241; Williams v. Smrha, 179 K. 73, 293 P.
2d 241.
82a-706a. Rules, regulations and stan-
dards. The chief engineer, subject to the ap-
proval of the state board of agriculture, shall
adopt, amend, promulgate, and enforce such
reasonable rules, regulations, and standards as
he shall deem necessary for the discharge of
his duties and for the achievement of the pur-
poses of this act pertaining to the control, con-
servation, regulation, allotment, and distribu-
tion of the water resources of the state. [L.
1957, ch. 539, 9; June 29.]
82a-706b. Diversion of water prohibited,
when; unlawful acts; enforcement by chief
engineer. It shall be unlawful for any person
to prevent, by diversion or otherwise, any
waters of this state from moving to a person
having a prior right to use the same, or for
any person without an agreement with the
state of Kansas to divert or take any water
that has been released from storage under
authority of the state of Kansas or that has
been released from storage pursuant to an
agreement between the state and federal gov-
ernment. Upon making a determination of
an unlawful diversion the chief engineer or
his authorized agents, shall direct that the
headgates, valves, or other controlling works
of any ditch, canal, conduit, pipe, well, or
structure be opened, closed, adjusted, or regu-
lated as may be necessary to secure water to
the person having the prior right to its use, or
to secure water for the purpose for which it


was released from storage under autllo,,y 0d
the state of Kansas or pursuant to ;ui agree-
ment between the state and federal ovoe
ment. The chief engineer, or his author
agents, shall deliver a copy of such a tireel
to the persons involved either personally vpr
mail or by attaching a copy thereof to 4vd
headgates, valves, or other controlling \porV
to which it applies and such directive shall he
legal notice to all persons involved iln
diversion and distribution of the water of ft
ditch, canal, conduit, pipe, well, or structure
For the purpose of making investigations o
diversions and delivering directives as po-
vided herein and determining compliana
therewith, the chief engineer or his authority
agents shall have the right of access and cnh
upon private property. [L. 1957, ch. 539, ;
L. 1965, ch. 557, 1; June 30.]
Research and Practice Aids:
Waters and Water Courses0-78%.
C. J. S. Waters 59.
82a-706c. Meters, gages and other me,
during devices; waste and quality checks. T!
chief engineer shall have full authority to i,
quire any water user to install meters, gag
or other measuring devices, which devices 1:
or his agents may read at any time, and t
require any water user to report the readir
of such meters, gages, or other measuring de
vices at reasonable intervals. He shall ha
full authority to make, and to require an,
water user to make, periodic water waste ar
water quality checks and to require the us(
making such checks to report the finding
thereof. [L. 1957, ch. 539, 1.1; June 29.
82a-706d. Duties of attorney genera!
Upon request of the chief engineer the attor
ney general shall bring suit in the name of tli
state of Kansas, in courts of competent juri,
diction to enjoin the unlawful appropriation
diversion, use of the waters of the state, an,
waste or loss thereof. [L. 1957, ch. 539, I1
June 29.]
82a-706e. State field offices and cotr
missioners. The chief engineer, subject to the
approval of the state board of agriculture
may establish field offices within this state tV
secure the best protection to all claimants ci
water therein and the most economical super-
vision thereof. Subject to the approval of tht
state bord of agriculture, the chief engineer
may appoint a water commissioner for eact
field office so established, in accordance with
the Kansas civil service laws, who shall be hi-
agent in supervising the distribution of waters


82a-706


WATERS AND WVATERCOURSES





APRPIAINO LAE O_ EEICA S 8a78


t:in the area served by such field office,
wordingg to the rights and priorities of all
ltics concerned, and who shall perform such
iir duties as the chief engineer may direct.
1957, ch. 539, 13; June 29.]
32a-707. Principles governing appropria-
,ns; priorities. (a) Surface or ground waters
the state may be appropriated as herein
,,vided. Such appropriation shall not con-
'tte ownership of such water, and appro-
i.ation rights shall remain subject to the
:inciple of beneficial use.
(b) Where uses of water for different pur-
.oses conflict such uses shall conform to the
flowing order of preference: Domestic, mu-
cipal, irrigation, industrial, recreational and
water power uses. However, the date of pri-
rity of an appropriation right, and not the
purpose of use, determines the right to divert
and use water at any time when the supply is
nt sufficient to satisfy all water rights that
attach to it. The holder of a water right for
an inferior beneficial use of water shall not be
deprived of his use of the water either tempo-
nrily or permanently as long as he is making
roper use of it under the terms and condi-
icns of his water right and the laws of this
uatc, other than through condemnation.
(c) As between persons with appropriation
::'hts, the first in time is the first in right. The
priorityy of the appropriation right to use water
',r any beneficial purpose except domestic
: rposes shall date from the time of the filing
f the application therefore in the office of the
lief engineer. The priority of the appropria-
o"n right to use water for domestic purposes
'iatll date from the time of the filing of the
application therefore in the office of the chief
!gineer or from the time the user makes
'tual use of water for domestic purposes,
whichever is earlier.
(d) Appropriation rights in excess of the
'asonable needs of the appropriators shall not
allowed. [L. 1917, ch. 172, 6; R. S. 1923,
1-903; L. 1945, ch. 390, 7; L. 1957, ch. 539,
14; June 29.]
w'visor's Note:
Transferred from 24-903.
search and Practice Aids:
Waters and Water CoursesS=140.
C. J. S. Waters 182 et seq.
I .w Review and Bar Journal References:
Amendment of 1957 analyzed in 1956-57 survey
of water law, Earl B. Shurtz, 6 K. L. R. 264,
268, 269 (1957).


CASE ANNOTATIONS
1. History of section mentioned in dissenting
opinion in case holding Water Appropriation Act
(82a-701 et seq.) constitutional. Williams v. City
of Wichita, 190 K. 317, 363, 364, 374 P. 2d 578.
82a-708. [L. 1945, ch. 390, 8; Repealed,
L. 1957, ch. 539, 26; June 29.]
CASE ANNOTATIONS
1. Act is constitutional; notice; vested rights must
be recognized. Baumann v. Smrha, 145 F. Supp.
617, 618, 619, 622, 624, 625. Affirmed: 352 U. S.
863, 77 S. Ct. 96, 1 L. Ed. 2d 73.
82a-708a. Applications for permits to
appropriate water regardless of use by an-
other; fee. Any person may apply for a per-
mit to appropriate water to a beneficial use,
notwithstanding that the application pertains
to the use of water by another, or upon or in
connection with the lands of another: Pro-
vided, Any rights to the beneficial use of water
perfected under such applications shall attach
to the lands on or in connection with which
the water is used and shall remain subject to
the control of the owners of the lands as in
other cases provided by law. Each applica-
tion for a permit to appropriate water, except
applications for permits for domestic use, shall
be accompanied by an application fee of ten
dollars ($10.00). All fees collected by the
chief engineer pursuant to the provisions of
this section shall be paid into the state trea-
sury, at least monthly, and the state treasurer
shall credit the same to the general fund of
the state. [L. 1957, ch. 539, 3; June 29.]
82a-708b. Same; applications to change
place of use; appeal from decisions of chief
engineer. Any owner of a water right may
change the place of use, the point of diver-
sion, or the use made of the water, without
losing his priority of right, provided he shall
(1) apply in writing to the chief engineer for
approval of any proposed change; (2) demon-
strate to the chief engineer that any proposed
change is reasonable and will not impair exist-
ing rights; (3) demonstrate to the chief engi-
neer that any proposed change relates to the
same local source of supply as that to which
the water right relates; and (4) receive the
approval of the chief engineer with respect to
any proposed change. The chief engineer
shall approve or reject the application for
change in accordance with the provisions and
procedures prescribed for processing original
applications for permission to appropriate


APPytOPinATION OF WCATER Fort BENEFICIAL USE


82a-708b






82a-709 WATERS AND WATERCOURSES


water. If the chief engineer disapproves the
application for change, the rights, priorities
and duties of the applicant shall remain un-
changed. Any person considering himself
aggrieved by an order or decision by the chief
engineer relating to his application for change
may appeal to the district court in the manner
prescribed by section 24 [82a-724] hereof. [L.
1957, ch. 539, 4; June 29.]
Revisor's Note:
For L. 1957, ch. 539, 5; which amends an 1891
act, see 42-313.
82a-709. Application for permits; con-
tents; time of filing. No person may acquire
an appropriation right to the use of waters of
the state for other than domestic purposes
without making an application to the chief
engineer for a permit to make such appro-
priation. However, any person using water
or domestic purposes subsequent to June 28,
1945, and any person intending to use water
hereafter for domestic purposes may make
application to the chief engineer for a permit
the same as any other person. The applica-
tion shall set forth (a) the name and post-
office address of the applicant;
(b) the source from which said appropria-
tion shall be made;
(c) the maximum rate at which water is to
be diverted or used and the total annual quan-
tity of water sought;
(d) the location of the works or proposed
works for the diversion and use of the water;
(e) the estimated time for the completion
of any proposed works;
(f) the time of the first actual application
of the water to the beneficial use involved, if
there was such, and the estimated time for the
first actual application of the water for the
benecial use proposed;
(g) if for irrigation use, a description of
the land to be irrigated by designating the
number of irrigable acres in each forty (40)
acre tract or fractional portion thereof;
(h) if for municipal water supply, it shall
give the present population to be served and
estimated future requirements of the city;
(i) any additional factors which may be
required by the chief engineer.
Such application may be filed before or after
the commencement of any work in connection
with the construction, enlargement or exten-
sion of any works for the diversion, storage,
and use of water. [L. 1945, ch. 390, 9; L.
1957, ch. 539, 15; June 29.]


Research and Practice Aids:
Waters and Water Courses=133.
Hatcher's Digest, Waters 1, 6.
C. J. S. Waters 174 et seq.
Law Review and Bar Journal References:
Mentioned in article on constitutionality 4,f
rights regulation, John Scurlock, 1 K
125,128 (1953).
CASE ANNOTATIONS
1. Discussed in determining remedies as.,
under act to common law claimants and .r
priation users. Williams v. City of Wichita, 1'
317, 335, 340, 374 P. 2d 578.
2. Requirement herein not a confiscation of a
rights by legislative fiat. Williams v. City of w\1,
190 K. 317, 335, 340, 374 P. 2d 578.
82a-710. Same; return for correction ,
completion; maps, plats, plans and drawin..
default in refiling. Upon receipt of the a1',
cation it shall be the duty of the chief I, -
neer to endorse thereon the date of its rc,. .
and assign a number to the same. If up'
examination the application is found to 1w ,!
fective, inadequate or insufficient to enal,'
such official to determine the nature a!:
amount of the proposed appropriation, it s!.
be returned for correction or completion
for other required information. No applic.
tion shall lose its priority of filing on acco '
of such defects, provided acceptable dti
proofs, maps, plats, plans and drawings ,.
filed in the office of the chief engineer with::
thirty days following the date of the postit.:
of the return of such application or such fu:
their time not exceeding one year as may I
given by the chief engineer.
All maps, plats, plans and drawings sh:,
conform to prescribed uniform standard as !
materials, size, coloring and scale, and sha'l
show: (a) The source from which the pro
posed appropriation is to be taken, (b) ;!'
proposed dams, dikes, reservoirs, canals, pip'
lines, power houses and other structures f,"
the purpose of storing, conveying or usi:n
water for the purpose approved and their po,
tions or courses in connection with the bound
ary lines and corners of the lands which thi"
occupy. Land listed for irrigation shall 6t
shown in government subdivisions or fraction "
thereof. Default in the refiling of any app'
cation within the time limit specified shall con-
stitute a forfeiture of priority date and t!:
dismissal of the application. [L. 1945, ch. 3"'
10; June 28.]
82a-711. Same; duties of chief enginti"
as to applications. If a proposed use neith r


82a-709


WATERS AND WATERCOURSES





APPROPRIATION OF WATER FOR BENEFICIAL USE


impair a use under an existing water right
prejudicially and unreasonably affect the
"ic interest, the chief engineer shall ap-
.rc all applications for such use made in
,i faith in proper form which contemplate
utilization of water for beneficial purpose,
in reasonable limitations. Otherwise the
,f engineer shall make an order rejecting
it application or requiring its modification
conform to the public interest to the end
.! the highest public benefit and maximum
,toomical development may result from the
', of such water. In ascertaining whether a
-posed use will prejudicially and unreason-
!v affect the public interest, the chief engi-
'r shall take into consideration the area,
!ie ield and recharge rate of the appropriate
.cer supply, the priority of existing claims of
. persons to use the water of the appropriate
;ter supply, the amount of each such claim
use water from the appropriate water sup-
v, and all other matters pertaining to such
:estion. With regard to whether a proposed
.0 will impair a use under an existing water
:lt, impairment shall include the unreason-
le raising or lowering of the static water
vel or the unreasonable increase or decrease
the streamflow or the unreasonable deteri-
:ition of the water quality at the water user's
it of diversion beyond a reasonable eco-
;nic limit. Any person considering himself
-rieved by any order or decision by the
:cf engineer relating to that person's appli-
.ion for a permit to appropriate water may
,ipeal to the district court in the manner pre-
ribed by section 24 [82a-724] hereof. [L.
1IS, ch. 390, 11; L. 1957, ch. 539, 16;
a'e 29.]
REcarch and Practice Aids:
Hatcher's Digest, Waters 6, 30 to 34.
: w Review and Bar Journal References:
Mentioned in 1956-57 survey of water law, Earl
B. Shurtz, 6 K. L. R. 264, 268, 270 (1957).
82a-711a. Same; express conditions of
;Piropriations. It shall be an express condi-
I~ of each appropriation of surface or
)und water that the right of the appro-
*ator shall relate to a specific quantity of
Itr and that such right must allow for a
monable raising or lowering of the static
ter level and for the reasonable increase or
grease of the streamflow at the appropria-
's point of diversion: Provided, That in
rainingng such reasonable raising or lower-
of the static water level in a particular
the chief engineer shall consider the eco-
'nics of diverting or pumping water for the


water uses involved; and nothing herein shall
be construed to prevent the granting of per-
mits to applicants later in time on the ground
that the diversions under such proposed later
appropriations may cause the water level to
be raised or lowered at the point of diversion
of a prior appropriator, so long as the rights
of holders of existing water rights can be
satisfied under such express conditions. [L.
1957, ch. 539, 17; June 29.]
Research and Practice Aids:
Waters and Water CoursesC<133.
C. J. S. Waters 174 et seq.
Law Review and Bar Journal References:
Mentioned in note on water and watercourses
and actions to determine, establish, and pro-
tect rights, 9 K.L.R. 88, 91 (1960).
82a-712. Same; notice of approval or
disapproval of application; approval consti-
tutes permit. The chief engineer shall notify
the applicant of the approval or disapproval
of the application. Upon approving the ap-
plication the chief engineer shall authorize
the applicant to proceed with the construction
of the proposed diversion works and to pro-
ceed with all steps necessary for the applica-
tion of the water to the approved and pro-
posed beneficial use and otherwise perfect his
proposed appropriation. The chief engineer
may approve an application for a smaller
amount of water than requested and he may
approve an application upon such terms, con-
ditions, and limitations as he shall deem nec-
essary for the protection of the public interest.
The approval of the application by the chief
engineer, subject to the terms and conditions
thereof, upon issuance, constitutes a permit to
proceed with construction of diversion or other
authorized works and with the diversion and
use of water in accordance with the terms and
conditions of his permit and no common-law
claimant without a vested right, or other per-
son without a vested right, a prior appropria-
tion right, or an earlier permit shall prevent,
restrain, or enjoin an applicant from proceed-
ing in accordance with the terms and condi-
tions of his permit or from diminishing the
water supply. [L. 1945. ch. 390, 12; L. 1957,
ch. 539, 18; June 29.]
Research and Practice Aids:
Hatcher's Digest, Waters 1, 6.
CASE ANNOTATIONS
1. Discusssed in determining remedies available
under act to common law claimants and appro-
priation users. Williams v. City of Wichita, 190 K.
317, 335, 337, 338, 340, 355, 374 P. 2d 578.
2. Act is constitutional; notice; vested rights must
be recognized. Baumann v. Smrha, 145 F. Supp.


~ I~


82a-712






WATERS AND WATERCOURSES


617, 618, 619, 624, 625. Affirmed: 352 U. S. 863,
77 S. Ct. 96, 1 L. Ed. 2d 73.
3. Federal court will refuse to determine prop-
erty rights in water until state court makes deter-
mination under statute. Williams v. City of Wichita,
Kansas, 279 F. 2d 375, 377.
82a-713. Same; limiting time for perfec-
tion of appropriation; extension. The chief
engineer shall limit the time for the perfecting
of an appropriation to a reasonable period
within which the proposed works can be
completed by expeditious procedure, and he
shall for good cause shown by the applicant
allow an extension of time. [L. 1945, ch. 390,
13; June 28.]
82a-714. Same; notice of completion of
works; certificate of appropriation; recorda-
tion. Upon the completion of the construction
of the works and the actual application of
water to the proposed beneficial use within
the time allowed, the applicant shall notify
the chief engineer to that effect. The chief
engineer or his duly authorized representative
shall then examine and inspect the appropria-
tion diversion works and, if it is determined
that the appropriation diversion works have
been completed and the appropriation right
perfected, in conformity with the approved
application and plans; the chief engineer shall
issue a certificate of appropriation in dupli-
cate. The original of such certificate shall be
sent too the applicant and shall be recorded
with the register of deeds in the county or
counties wherein the point of diversion is
located as other instruments affecting real
estate, and the duplicate shall be made a
matter of record in the office of the chief
engineer. [L. 1945, ch. 390, 14; L. 1957,
ch. 539, 20; June 29.]
Research and Practice Aids:
Notice and proof of completion of works, Ver-
non's Kansas Forms 9902.
82a-715. Same; validation of certain ap-
plications. All applications for the appropria-
tion of water to beneficial use as filed with
the chief engineer, subsequent to May 5,
1941, and all processing, proceedings and
certificates pertaining thereto are validated to
same extent as if filed after the effective date
of this act, but with priorities as of the dates
of filing of applications. All subsequent proc-
essing of such applications as are still pending
and undetermined shall be further considered
and processed as provided in this act. [L.
1945, ch. 390, 15; June 28.]
82a-716. Common-law claimants; action
for compensation; injunctions. If any appro-


priation, or the construction and opcrati .,
authorized diversion works results in :1 i
to any commonlaw claimant, such I'
shall be entitled to due compensation
suitable action at law against the approp,:
for damages proved for any property I
Any person with a valid water right or p,
to divert and use water may restrain or
in any court of competent jurisdiction :,
sequent diversion by a common-law lt.ii::,
without vested rights without first condti Ii
those common-law rights. An approp i '
shall have the right to injunctive rtl i
protect his prior right of beneficial u,.
against use by an appropriator with a I
priority of right. [L. 1945, ch. 390, 16 1
1957, ch. 539, 21; June 29.]
Research and Practice Aids:
Hatcher's Digest, Waters 1, 6, 30 to 31.
Law Review and Bar Journal References:
Case in annotation No. 2 below mentioned ,
case in annotation No. 1 below anal-,,
note on waters and watercourses and ,.
stitutionality of Kansas water approlp,;,
act of 1945, 11 K.L. R. 558, 559 to '
(1963).
Cited in discussing modification or abolition
certain property rights under police pow \
state, Robert I. Guenthner, 15 K.L.H. .t
362(1967).
CASE ANNOTATIONS
1. Discussed in determining remedies av.n:'
under act to common law claimants and q;:
priation users. Williams v. City of Wichita. I'-
317, 335, 337, 338, 340, 341, 346, 355, 3U ,
P. 2d 578.
2. Act is constitutional; notice; vested rights i:.
be recognized. Baumann v. Smrha, 145 F. S";
617, 618, 619, 623, 624, 625. Affirmed: 352 t
863, 77 S. Ct. 96, 1 L. Ed. 2d 73.
3. Federal court will refuse to determine I;
erty rights in water until state court makes i ,'
mination under statute. Williams v. City of \\'id
Kansas, 279 F. 2d 375, 377.
82a-717. [L. 1945, ch. 390, 17; lI
pealed, L. 1957, ch. 539, 26; June 29.]
CASE ANNOTATIONS
1. Discusssed in determining remedies avr.'
under act to common law claimants and apIm"','
tion users. Williams v. City of Wichita, 190 K.
335, 338, 374 P. 2d 578.
82a-717a. Diversions by common-i"
claimants and others; injunctions. No ,:
mon-law claimant without a vested right.
other person without a vested right, a 1-
appropriation right, or an earlier permit "
divert or threaten to divert water if such di-
sion or threatened diversion impairs or n,"
impair any vested right, appropriation i
or right under a permit to appropriate w-C'


--- -------~iridiT --z


82a-713





APPROPRIATION OF WATER FOR BENEFICIAL USE


li;t any common-law claimant with a vested
:icht, or other person with a vested right, a
;,rior appropriation right, or an earlier permit
i,\ divert water in accordance with any such
: ;ht or permit although such diversion or use
:!ireunder conflicts with the diversion, use,
proposed diversion, or proposed use made or
inroposed by a common-law claimant who does
:ot have a vested right, or other person who
!es not have a vested right, a prior appro-
:riation right or an earlier permit. More-
,ver, any common-law claimant with a vested
right, or other person with a vested right, a
,rior appropriation right, or an earlier permit
:nay restrain or enjoin in any court of compe-
tent jurisdiction any diversion or proposed
diversion that impairs or would impair such
right in the event that any such diversion or
proposed diversion is made or is threatened
to be made by any common-law claimant, or
other person who does not have a vested right,
.. prior appropriation right, or an earlier per-
mit. [L. 1957, ch. 539, 19; June 29.]
Research and Practice Aids:
Waters and Water Courses=85.
Hatcher's Digest, Waters 1, 6, 30 to 34.
C. J. S. Waters 68.
82a-718. Abandonment of water rights;
procedure; appeals. All appropriations of
water must be for some beneficial purpose.
Every water right of every kind shall be
seemed d abandoned and shall terminate when
without due and sufficient cause no lawful,
!coneficial use is henceforth made of water
under such right for three (3) successive
cars. Before any water right shall be de-
lared abandoned and terminated the user
,hall be notified in writing by the chief engi-
!teer and given an opportunity to appear at
t designated time and place and show cause
why his water right should not be declared
abandoned and terminated.
Such notice shall contain the following in-
ormation in addition to the time and place of
hearingg : (1) A description of the water right
n question; (2) the substantial location of the
point of diversion; (3) the general description
)f the lands or places where such waters were
msed; (4) a statement that unless due and
ifficient cause be shown the water right will
. held abandoned and terminated. Such
twice e may be served by registered or certified
,Ail and shall be posted at least (30) days
`'-fore the date of the hearing and shall be
-nt to the last known address of the holder
f the water right. The chief engineer shall,
within sixty (60) days after such hearing make


an order determining whether such water
right shall be held abandoned and terminated
and shall notify the holder of the water right
as to the contents of such order by registered
or certified mail sent to the last known address
of the holder of the water right.
The verified report of the chief engineer or
his authorized representative shall be prima
facie evidence of the abandonment and ter-
mination of any water right. Any decision or
order of the chief engineer declaring the
abandonment and termination of any water
right shall be in full force and effect from the
date of its entry in the records of his office
unless and until its operation shall be stayed
by an appeal therefrom. Appeals from orders
or decisions declaring abandonment and ter-
mination may be taken by the holder of the
water right in the manner prescribed by sec-
tion 24 [82a-724] hereof. [L. 1945, ch. 390,
19; L. 1957, ch. 539, 23; June 29.]
Research and Practice Aids:
Waters and Water CoursesC'151.
C. J. S. Waters 166, 193.
82a-719. Distribution of water accord-
ing to decree of court. Whenever the rights
for the use of waters of the state shall have
been adjudicated by any court, the division
of water resources with the aid of its chief
engineer and other officers and employees,
shall aid in the distribution of such water
according to such decree and shall distribute
the water among the several ditches or water
users pursuant to the decree; and shall have
the power to open, close or adjust the head-
gates and regulate the controlling works of
any ditch or structure, or cause the same to
be opened, closed, adjusted and regulated so
as to make a distribution of the water in
conformity with the decree. [L. 1933, ch. 206,
2; L. 1945, ch. 390, 20; June 28.]
Revisor's Note:
Transferred from 74-509c.
CASE ANNOTATIONS
1. Discusssed; state division of water resources
has no authority over underground water rights.
State, ex rel., v. Board of Agriculture, 158 K. 603,
610, 613, 614, 149 P. 2d 604.
82a-720. Same; certified copies of de-
crees. The clerk of any court of this state in
which a decree shall be made fixing the rights
pertaining to ditches or water users to water,
shall within ten days after such decree shall
have been entered, forward to the chief engi-
neer of the division of water resources, by
registered mail, a certified copy of such decree.


82a-720






82a-721 WATERS AND WATERGOURSES


[L. 1933, ch. 206, 4; L. 1945, ch. 390, 21;
June 28.]
Revisor's Note:
Transferred from 74-509e.
82a-721. Construction of act. This act
shall be construed liberally to effectuate the
purposes hereof, and the enumeration of
specific powers in this act shall not operate
to restrict the meaning of any general grant
of power contained in this act or to exclude
other powers comprehended in such general
grant. [L. 1945, ch. 390, 23; June 28.]
82a-721a. Construction of act; damages
to land. Nothing in this act shall be con-
strued as limiting any right of an owner of
an estate or interest in or concerning land
to recover damage for any injury done to his
land or to any water rights appurtenant
thereto. [L. 1957, ch. 539, 22; June 29.]
Revisor's Note:
Section applies to 42-313, 82a-701, 82a-704, 82a-
705, 82a 705a, 82a-706; 82a-706a to 82a-706e;
82a-707, 82a-708a, 82a-708b, 82a-709, 82a-711,
82a-711a, 82a-712, 82a-714, 82a-716, 82a-717a,
82a-718, 82a-721a, 82a-724, 82a-725.
Law Review and Bar Journal References:
Mentioned in note on waters and watercourses
and constitutionality of Kansas water appro-
priation act of 1945, 11 K. L. R. 558, 559, 560
(1963).
CASE ANNOTATIONS
1. Discusssed in determining remedies available
under act to common law claimants and appropria-
tion users. Williams v. City of Wichita, 190 K.
317, 335, 340, 341, 355, 358, 360, 374 P. 2d 578.
82a-722. Invalidity of part. If any
clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined
in its operation to the clause, sentence, para-
graph, section or part thereof directly involved
in the controversy in which such judgment
shall have been rendered, and it shall be pre-
sumed that the legislature would have enacted
this law with the section, subsection or clause
held to be invalid, omitted. [L. 1945, ch. 390,
24; June 28.]
Research and Practice Aids:
StatutesO=64(2).
C. J. S. Statutes 96 et seq.
82a-723. [L. 1955, ch. 449, 1; Repealed,
L. 1957, ch. 539, 26; June 29.]
82a-724. Appeals to district courts and
supreme court; procedure. Any person au-


thorized by this act to appeal to the di-.'
court from any order or decision of the
engineer and desiring to exercise such ,
shall take such an appeal in the maninr ;.
scribed by this section. Unless other%\ i ,
cifically provided in the section autl,,,
such appeal, the appeal shall be to the court of Shawnee county or to the d court of any county in which the point
points of diversion are located. Any .
appeal must be filed within sixty (60) d,
after the date of mailing of the notice ot t
order or decision or, when publication no,
is required, within sixty (60) days after in
ing of the notice or within thirty (30) d,
after the date of the last publication of ,:
notice, whichever is the later. Such an app,
shall be taken by serving upon the chief vi.
neer a written notice of appeal specifying ti
order or decision appealed from, with a .,
mand for certified copies of all pertin
papers on file in his office relating to the o .,
or decision appealed from. Such an app.
shall be perfected by filing with the clerk
the district court a copy of the notice of .!
peal together with proof of service. Up
receipt by the chief engineer of the notice, I
appeal, he shall, within thirty (30) days, ;
with the clerk of the district court a certifi,
transcript of all pertinent papers, files, a-'
proceedings relating to the order or decisii
appealed from; and he shall notify, by re.
istered or certified mail, all persons who ap
peared and took part in the proceedings, ,:
their attorneys of record.
Upon the filing of the transcript the distri.'
court, without unnecessary delay, shall prn
ceed to hear and determine the appeal. V
doing so, the district court shall have and
exercise the same general jurisdiction an,
power as though a proceeding had been corn
menced in such court and as though su('!
court would have had original jurisdiction t'
the matter. The district court shall allow ai':
may require pleadings to be filed or amend,!
The right to file new pleadings shall not
abridged or restricted by the pleadings fi~
or by failure to file pleadings, with the chi,"
engineer; nor shall the trial in, or the issue
to be considered by, the district court 1',
abridged or restricted by any failure to a;'
pear or by the evidence introduced, or tl
absence or insufficiency thereof, in the pr,
ceedings before the chief engineer.
Whenever any appeal is pending, the ord,
or decision appealed from shall be suspendc
unless the court shall order otherwise.


WATERS AND WATERCOURSES


82a-721





REGULATION OF MOTORBOATS AND OTHER AcTIVITIES


All appeals shall be tried by the court with-
ut a jury, but the court may call a jury in an
Jvisory capacity or in a proper case may
fer the matter or part thereof to a referee.
Appeals may be taken to the supreme court
:om any final order or judgment of any dis-
.rict court entered In any action or proceeding
brought under any of the provisions of this
.tricle, or acts amendatory thereof or supple-
:iental thereto, in the same manner as in other
ivil cases. [L. 1957, ch. 539, 24; June 29.]
grsearch and Practice Aids:
Hatcher's Digest, Appeal and Error 22.
law Review and Bar Journal References:
Cited in article on judicial review of administra-
tive decisions, Kenton C. Granger, 33 J. B. A. K.
291, 336 (1964).
CASE ANNOTATIONS
1. Error to dismiss chief engineer as party before
sues joined. Cities of Hesston and Sedgwick v.
r:nrha, 186 K. 785, 788, 352 P. 2d 1053.
82a-725. Same; reference to state divi-
,ion or its chief engineer; procedures; cases
in federal courts. In any suit to which the
state is not a proper party brought in any
:ourt of competent jurisdiction in this state
ior determination of rights to water, the court
:nay order a reference to the division of water
resources or its chief engineer, as referee, for
investigation of and report upon any or all of
:he physical facts involved and the division or
:ti chief engineer shall thereupon make such
.n investigation and report as ordered by the
court. The report shall set forth such findings
of fact as may be required by the court's
irder of reference and may contain such
opinions upon the facts as it deems proper in
view of the issues submitted. Before filing its
report, the division or its chief engineer shall
:nail notice of its report together with a copy
ff it, to the parties or their attorneys of record.
Within thirty (30) days from the date of the
nailing of the copy of the report, any party
may file objections to it with the division of
water r resources or its chief engineer. After
!ihe division, or its chief engineer, has consid-
red the objections, it shall file its report, as
'feree, with the clerk of the court and give
:,*tice by registered or certified mail of the
Sling of its report to the parties or their attor-
cys. The court shall review the report upon
exceptions thereto filed with the clerk of the
-urt within thirty (30) days after date of
':ailing registered notice of the filing of the
'port. Except in its discretion or for good
o use shown, the court shall not consider any
Xcption to the report unless it appears that


the excepting party presented the matter of
the exception to the division or its chief engi-
neer in the form of an objection. The report
shall be evidence of the physical facts found
therein, but the court shall hear such evidence
as may be offered by any party to rebut the
report or the evidence. If suit is brought in a
federal court for determination of rights to
water within, or partially within, the state, the
division or its chief engineer may accept a
reference of such suit as master or referee for
the court. [L. 1957, ch. 539, 25; June 29.]

Article 8.-REGULATION OF MOTOR-
BOATS AND OTHER ACTIVITIES
82a-801. Declaration of policy. It is the
policy of this state to promote safety for per-
sons and property in and connected with the
use, operation and equipment of vessels and
to promote uniformity of laws relating thereto.
[L. 1959, ch. 321, 1; July 1.]
82a-802. Definitions. As used in this act,
unless the context clearly requires a different
meaning:
(1) "Vessel" means every description of
watercraft, other than a seaplane on the water,
used or capable of being used as a means of
transportation on water.
(2) "Motorboat" means any vessel pro-
pelled by machinery, whether or not such
machinery is the principal source of propul-
sion, but shall not include a vessel which has
a valid marine document.issued by the bureau
of customs of the United States government
or any federal agency successor thereto nor
shall the word include boats propelled by
machinery of less than ten (10) horsepower.
(3) "Owner" means a person, other than a
lien holder, having the property in or title to
a motorboat. The term includes a person
entitled to the use or possession of a motor-
boat subject to an interest in another person,
reserved or created by agreement and securing
payment or performance of an obligation, but
the term excludes a lessee under a lease not
intended as security.
(4) "Waters of this state" means any waters
within the territorial limits of this state, except
private lakes, owned or leased.
(5) "Person" means an individual, partner-
ship, firm, corporation, association, or other
entity.
(6) "Operate" means to navigate or other-
wise use a motorboat or a vessel.
(7) "Commission" means the state forestry,
fish and game commission.


82a-802




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