Kansas Statutes Annotated

K.S.A. § 82a-701 (2026)

Definitions

✓ current as of May 2026

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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 natural person, a partnership, an organization, a corporation, a municipality and any agency of the state or federal government.

(b) "Chief engineer" means the chief engineer of the division of water resources of the Kansas department of agriculture.

(c) "Domestic uses" means the use of water by any person or by a family unit or household for household purposes, or for the watering of livestock, poultry, farm and domestic animals used in operating a farm, and for the irrigation of lands not exceeding a total of two acres in area for the growing of gardens, orchards and lawns.

(d) "Vested right" means the right of a person 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 reasonable time thereafter by such person, such person's 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 Kansas Statutes Annotated, and amendments thereto.

(f) "Appropriation right" is a right, acquired under the provisions of article 7 of chapter 82a of the Kansas Statutes Annotated, and amendments 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 preference 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 real property right appurtenant to and severable 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 disposal, or by inheritance.

History: L. 1945, ch. 390, § 1; L. 1957, ch. 539, § 1; L. 1977, ch. 356, § 3; L. 2004, ch. 101, § 141; L. 2009, ch. 65, § 1; July 1.

Notes of Decisions

Cited in 23 cases, 1949–2019 · leading case: Shipe v. Pub. Wholesale Water Supply Dist. No. 25, 210 P.3d 105 (Kan. 2009).

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Shipe v. Pub. Wholesale Water Supply Dist. No. 25, 210 P.3d 105 (Kan. 2009). · cites it 4× “In Kansas, the rights to water are governed by the KWAA, K.S.A. 82a-701 et seq. Subsequent to the KWAA’s enactment in 1945, Kansas has followed the prior appropriation doctrine in assigning groundwater rights.”

Hawley v. Kansas Dep't of Agric., 132 P.3d 870 (Kan. 2006). · cites it 3× “82a-718, part of the Kansas Water Appropriation Act, K.S.A. 82a-701 et seq. As we stated in Blue Cross & Blue Shield of Kansas, Inc.”

Wheatland Elec. Coop., Inc. v. Polansky, 265 P.3d 1194 (Kan. Ct. App. 2011). · cites it 5× “K.S.A. 82a-701[g].) Once the owner applies for that change, the “chief engineer shall approve or reject [it] in accordance with tire provisions and procedures prescribed for processing original applications for permission to appropriate water.”

Garetson Bros. v. Am. Warrior, Inc., 347 P.3d 687 (Kan. Ct. App. 2015). · cites it 5× “Kansas Water Appropriation Act, K.S.A. 82a-701 et seq. Until the late 1800s, Kansas followed common-law rules relating to water rights.”

Frick Farm Props., L.P. v. State, Dep't of Agric., 216 P.3d 170 (Kan. 2009). · cites it 2× “82a-701(f) as being “a right, acquired under the provisions of [the Act], 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…”

F. Arthur Stone & Sons v. Gibson, 630 P.2d 1164 (Kan. 1981). · cites it 4× “82a-701( c ) states: "`Domestic uses' means the use of water by any person or by a family unit or household for household purposes, or for the watering of livestock, poultry, farm and domestic animals used in operating a farm, and for the irrigation of lands not exceeding a…”

Cochran v. State, 249 P.3d 434 (Kan. 2011). · cites it 3× “ANALYSIS Water Rights in Kansas Before addressing the standing question, a brief review of Kansas water law and the Kansas Water Appropriation Act (KWAA), K.S.A. 82a-701 et seq. is appropriate. Since passing the KWAA in 1945, Kansas has followed "a permit system for acquiring…”

State ex rel. Emery v. Knapp, 207 P.2d 440 (Kan. 1949). · cites it 4× “Are Sections 82a-701 to 82a-720 G. S. Supp. 1947 unconstitutional as a taking of pre-existing vested riparian rights of downstream owners? “2.”

Frontier Ditch Co. v. Chief Eng'r of the Div. of Water Resources, 704 P.2d 12 (Kan. 1985). · cites it 3× “K.S.A. 82a-701 et seq. The Act ordered the chief engineer of the Division of Water Resources of the Kansas State Board of Agriculture to determine all vested rights in water prior to 1945 in order to determine what rights currently existed.”

Huser v. Duck Creek Watershed (Jt.) Dist. No. 59, 668 P.2d 172 (Kan. 1983). · cites it 2× “struct, improve, maintain and operate works of improvement including such facilities and appurtenances as necessary for the conservation of soil, prevention of floods, disposal of water and the conservation, development and utilization of water for domestic, municipal,…”

Shaw v. Sw. Kansas Groundwater Mgmt. Dist. Three, 219 P.3d 857 (Kan. Ct. App. 2009). “), or the water appropriation act (K.S.A. 82a-701 et seq.). The written complaint shall be filed at the district office.”

Miller v. Cudahy Co., 656 F. Supp. 316 (D. Kan. 1987). · cites it 2× “5, citing K.S.A. § 82a-701(d). Of course, as this Opinion has previously demonstrated, pollution of the water which prevented any beneficial use has existed since well before 1945.”

Show all 23 citing cases →

— K.S.A. § 82a-701(c) — 1 case

F. Arthur Stone & Sons v. Gibson, 630 P.2d 1164 (Kan. 1981). “82a-701( c ) states: "`Domestic uses' means the use of water by any person or by a family unit or household for household purposes, or for the watering of livestock, poultry, farm and domestic animals used in operating a farm, and for the irrigation of lands not exceeding a…”

— K.S.A. § 82a-701(d) — 5 cases

Wheatland Elec. Coop., Inc. v. Polansky, 265 P.3d 1194 (Kan. Ct. App. 2011). “K.S.A. 82a-701[g].) Once the owner applies for that change, the “chief engineer shall approve or reject [it] in accordance with tire provisions and procedures prescribed for processing original applications for permission to appropriate water.”

Miller v. Cudahy Co., 656 F. Supp. 316 (D. Kan. 1987). “5, citing K.S.A. § 82a-701(d). Of course, as this Opinion has previously demonstrated, pollution of the water which prevented any beneficial use has existed since well before 1945.”

Garetson Bros. v. Am. Warrior, Inc., 347 P.3d 687 (Kan. Ct. App. 2015). “Kansas Water Appropriation Act, K.S.A. 82a-701 et seq. Until the late 1800s, Kansas followed common-law rules relating to water rights.”

Frontier Ditch Co. v. Chief Eng'r of the Div. of Water Resources, 704 P.2d 12 (Kan. 1985). “K.S.A. 82a-701 et seq. The Act ordered the chief engineer of the Division of Water Resources of the Kansas State Board of Agriculture to determine all vested rights in water prior to 1945 in order to determine what rights currently existed.”

Garetson Bros. v. Am. Warrior, Inc., 435 P.3d 1153 (Kan. Ct. App. 2019).

— K.S.A. § 82a-701(f) — 5 cases

Shipe v. Pub. Wholesale Water Supply Dist. No. 25, 210 P.3d 105 (Kan. 2009). “In Kansas, the rights to water are governed by the KWAA, K.S.A. 82a-701 et seq. Subsequent to the KWAA’s enactment in 1945, Kansas has followed the prior appropriation doctrine in assigning groundwater rights.”

Frick Farm Props., L.P. v. State, Dep't of Agric., 216 P.3d 170 (Kan. 2009). “82a-701(f) as being “a right, acquired under the provisions of [the Act], 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…”

Nelson v. State, Dept. of Agric., 242 P.3d 1259 (Kan. Ct. App. 2010).

— K.S.A. § 82a-701(g) — 10 cases

Hawley v. Kansas Dep't of Agric., 132 P.3d 870 (Kan. 2006). “82a-718, part of the Kansas Water Appropriation Act, K.S.A. 82a-701 et seq. As we stated in Blue Cross & Blue Shield of Kansas, Inc.”

Cochran v. State, 249 P.3d 434 (Kan. 2011). “ANALYSIS Water Rights in Kansas Before addressing the standing question, a brief review of Kansas water law and the Kansas Water Appropriation Act (KWAA), K.S.A. 82a-701 et seq. is appropriate. Since passing the KWAA in 1945, Kansas has followed "a permit system for acquiring…”

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