Kansas Statutes Annotated

K.S.A. § 82a-705 (2026)

Acquisition of a new appropriation right to use water other than domestic; approval

✓ current as of May 2026

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82a-705. Acquisition of a new appropriation right to use water other than domestic; approval. No person shall have the power or authority to acquire a new 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 adverse use, adverse possession, or by estoppel.

History: L. 1945, ch. 390, § 5; L. 1957, ch. 539, § 7; L. 2009, ch. 65, § 2; July 1.

Notes of Decisions

Cited in 3 cases, 1981–2015 · leading case: F. Arthur Stone & Sons v. Gibson, 630 P.2d 1164 (Kan. 1981).

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F. Arthur Stone & Sons v. Gibson, 630 P.2d 1164 (Kan. 1981). · cites it 2× “" K.S.A. 82a-705 provides: "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…”

Garetson Bros. v. Am. Warrior, Inc., 347 P.3d 687 (Kan. Ct. App. 2015). “Except for certain domestic uses, an appropriation right must be acquired from the chief engineer of DWR under K.S.A. 82a-705. The holders of an appropriation right do not own the groundwater—they simply have a right to use it subject to the beneficial use principle.”

Clawson v. State, Dep't of Agric., Div. of Water Resources, 315 P.3d 896 (Kan. Ct. App. 2013). “See K.S.A. 2012 Supp. 82a-705, K.S.A. 2012 Supp.”

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