Kansas Statutes Annotated

K.S.A. § 82a-303 (2026)

Same; conditions to permits; unlawful acts

✓ current as of May 2026
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82a-303. Same; conditions to permits; unlawful acts. The chief engineer of the division of water resources shall have power to grant or withhold such consent or permit or may incorporate in and make a part of said consent or permit such terms, conditions and restrictions as may be deemed by him or her advisable. It shall be unlawful to: (a) Construct or begin the construction of any dam or other water obstruction, or (b) make or begin any change or addition in any dam or other water obstruction, except in accordance with the terms, conditions and restrictions of such consent or permit, and such rules and regulations as may be adopted by the chief engineer of the division of water resources.

History: L. 1929, ch. 203, § 3; L. 1978, ch. 431, § 8; April 11.

CASE ANNOTATIONS

1. Plaintiffs allowed on remand to raise issue regarding defendants' failure to obtain permit before construction of bridge in negligence case. Johnson v. Board of Pratt County Comm'rs, 21 Kan. App. 2d 76, 90, 897 P.2d 169 (1995).

2. County's failure to obtain division of water resources approval for channel alteration from bridge construction precluded immunity. Johnson v. Board of Pratt County Comm'rs, 259 Kan. 305, 319, 913 P.2d 119 (1996).


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Notes of Decisions
Cited in 2 cases, 1995–1996 · 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). “K.S.A. 82a-303 provides: “The chief engineer of the division of water resources shall have power to grant or withhold such consent or permit or may incorporate in and make a part of said consent or permit such terms, conditions and restrictions as may be deemed by him or her…”
Johnson v. Bd. of Pratt Cnty. Comm'rs, 897 P.2d 169 (Kan. Ct. App. 1995). “K.S.A. 82a-303 provides it is unlawful to begin construction of any water obstruction without complying with the regulations of the Division.”
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