Kansas Statutes Annotated

K.S.A. § 82a-301 (2026)

Permit or consent of chief engineer required to construct, modify or add to dams or other water obstructions; exceptions; definitions

✓ current as of May 2026

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82a-301. Permit or consent of chief engineer required to construct, modify or add to dams or other water obstructions; exceptions; definitions. (a) (1) Except as provided in subsections (c) and (d), without the prior written consent or permit of the chief engineer of the division of water resources of the Kansas department of agriculture, it shall be unlawful for any person, partnership, association, corporation or agency or political subdivision of the state government to:

(A) Construct, modify or add to any dam;

(B) construct, modify or add to any water obstruction in a designated stream; or

(2) Any application for any permit or consent shall be made in writing in such form as specified by the chief engineer.

(3) Revetments for the purpose of stabilizing a caving bank which are properly placed shall not be construed as obstructions for the purposes of this section.

(b) As used in K.S.A. 82a-301 et seq., and amendments thereto:

(1) "Dam" means any artificial barrier including appurtenant works with the ability to impound water, waste water or other liquids that has a height of 25 feet or more; or has a height of six feet or greater and a storage volume at the top of the emergency spillway elevation of 50 or more acre feet. The height of a dam or barrier shall be measured from the lowest elevation of the streambed, downstream toe or outside limit of the dam to the elevation of the top of the dam.

(2) "Designated stream" means a natural or man-made channel that conveys drainage or runoff from a watershed having an area of:

(A) One or more square miles in zone one, which includes all geographic points located in or east of Washington, Clay, Dickinson, Marion, Harvey, Sedgwick or Sumner counties;

(B) two or more square miles in zone two, which includes all geographic points located west of zone one and in or east of Smith, Osborne, Russell, Barton, Stafford, Pratt or Barber counties; or

(c) (1) The prior written consent or permit of the chief engineer shall not apply to water obstructions that meet the following requirements:

(A) The change in the cross section of a designated stream is obstructed less than 5% and the water obstruction or change is contained within a land area measuring 25 feet or less along the stream length; or

(B) (i) the water obstruction is not a dam as defined in subsection (b);

(ii) the water obstruction is not located within an incorporated area;

(iii) every part of the water obstruction, and any water impounded by such obstruction, is located more than 300 feet from any property boundary; and

(iv) the watershed area above the water obstruction is five square miles or less.

(2) If the water obstruction does not meet the requirements of subsection (c)(1)(B)(iii), but meets all other requirements of subsection (c)(1)(B), such water obstruction may be exempted from the permitting requirements of subsection (a) if the chief engineer determines such water obstruction has minimal impact upon safety and property based upon a review of the information, to be provided by the owner, including:

(A) An aerial photo or topographic map depicting the location of the proposed project, the location of the stream, the layout of the water obstruction, the property lines and names and addresses of adjoining property owners; and

(B) the principal dimensions of the project including, but not limited to, the height above streambed.

(3) Notwithstanding any other provision of this section, the chief engineer may require a permit for any water obstruction described in this subsection if the chief engineer determines such permit is necessary for the protection of life or property.

(d) The prior written consent or permit of the chief engineer shall not be required for construction or modification of a hazard class A dam that:

(1) Has a height of less than 30 feet and a storage volume at the top of the emergency spillway elevation of less than 125 acre feet, and the dam location and dimensions have been registered with the division of water resources in a written form prescribed by the chief engineer; or

(2) is a wastewater storage structure for a confined feeding facility that has been approved by the secretary of health and environment pursuant to K.S.A. 65-171d, and amendments thereto.

History: L. 1929, ch. 203, § 1; L. 1978, ch. 431, § 6; L. 2002, ch. 138, § 2; L. 2011, ch. 67, § 1; L. 2013, ch. 111, § 4; July 1.

Notes of Decisions

Cited in 8 cases, 1957–2008 · leading case: Johnson v. Bd. of Cnty. Commissioners, 913 P.2d 119 (Kan. 1996).

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Johnson v. Bd. of Cnty. Commissioners, 913 P.2d 119 (Kan. 1996). · cites it 10× “permit from the State Board of Agriculture, Division of Water Resources (the Division) before bridge construction is moot, (5) the Johnsons’ notice of claim to the County failed to comply with K.S.A. 12-105b, thus barring a separate claim by Oneita based upon statements made and…”

Dreyer v. Siler, 308 P.2d 127 (Kan. 1957). · cites it 4× “Section 82a-301, relied on by defendants, is applicable to obstructions in streams, and provides that it shall be unlawful for any person to construct any dam or other water obstruction, or in any manner change or diminish the course, current or cross section of any stream…”

Isnard v. City of Coffeyville, 917 P.2d 882 (Kan. 1996). · cites it 2× “In addition, the county had not obtained a permit required under K.S.A. 82a-301 before construction of the bridge.”

Hellebust v. Brownback, 824 F. Supp. 1511 (D. Kan. 1993). · cites it 2× “K.S.A. § 82a-301 (1989). All dams and water obstructions throughout the state (except those administered by the federal government) must meet the Chief Engineer’s standards whether or not they are related to agriculture; K.”

Johnson v. Bd. of Pratt Cnty. Comm'rs, 897 P.2d 169 (Kan. Ct. App. 1995). · cites it 2× “In June 1991, the Division of Water Resources (Division) informed the County that because no channel alteration permit had been obtained, as required by the Obstructions in Streams Act, K.S.A. 82a-301 et seq., it must either apply for an after-the-fact permit or remove any…”

Victory Sand & Concrete, Inc. v. Comm'r, 61 T.C. 407 (Tax Ct. 1974). · cites it 2× “a specified area along and upstream of petitioner’s riverfront, but which specifically leaves authorization of the removal of sand and gravel to the State Department of Revenue: STATE OP KANSAS State Board of Agriculture Division of Water Resources PERMIT The Chief Engineer of…”

Frank v. Kansas Dep't of Agric., 198 P.3d 195 (Kan. Ct. App. 2008). · cites it 4× “See K.S.A. 2007 Supp. 82a-301. The chief engineer has adopted a regulation that applies to properties like Frank’s where a site within a watershed area has been altered so that a determination is no longer possible on visual inspection of whether a stream with well-defined bed…”

Hellebust v. Brownback, 824 F. Supp. 1506 (D. Kan. 1993). · cites it 2× “K.S.A. § 82a-301 et seq. 8 . In Ball, the plaintiffs also argued that the water district had more than a limited function because it operated a large electrical power utility.”

— K.S.A. § 82a-301(a) — 1 case

Frank v. Kansas Dep't of Agric., 198 P.3d 195 (Kan. Ct. App. 2008). “See K.S.A. 2007 Supp. 82a-301. The chief engineer has adopted a regulation that applies to properties like Frank’s where a site within a watershed area has been altered so that a determination is no longer possible on visual inspection of whether a stream with well-defined bed…”

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