K.S.A. » Chapter 82a
Kansas Statutes Annotated

K.S.A. § 82a-706 (2026)

Duties of chief engineer as to beneficial use and rights of priority of appropriation

✓ current as of May 2026
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82a-706. Duties of chief engineer as to beneficial use and rights of priority of appropriation. The chief engineer shall enforce and administer the laws of this state pertaining 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.

History: L. 1945, ch. 390, § 6; L. 1957, ch. 539, § 8; June 29.

Notes of Decisions
Cited in 6 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 4× “K.S.A. 82a-706 gives the chief engineer of the Division of Water Resources of the State Board of Agriculture authority to: "[E]nforce and administer the laws of this state pertaining to the beneficial use of water and shall control, conserve, regulate, allot and aid in the…”
Shipe v. Pub. Wholesale Water Supply Dist. No. 25, 210 P.3d 105 (Kan. 2009). “In addition, the KWAA dedicates water resources to the use of the public, prohibits water rights in excess of the reasonable needs of the appropriators, and subjects water rights to the principle of beneficial use.”
Clawson v. State, Dep't of Agric., Div. of Water Resources, 315 P.3d 896 (Kan. Ct. App. 2013). · cites it 2× “” K.S.A. 82a-706. Therefore, a person seeking to appropriate water, other than for domestic use, must file an application with the chief engineer.”
Hellebust v. Brownback, 824 F. Supp. 1511 (D. Kan. 1993). · cites it 2× “K.S.A. § 82a-706 (1989). His control of water does not merely apply to farmers or agricultural uses but also reaches water rights held by cities, utilities and individuals not connected with agriculture.”
Garetson Bros. v. Am. Warrior, Inc., 347 P.3d 687 (Kan. Ct. App. 2015). “K.S.A. 82a-706 grants the chief engineer of DWR the authority to enforce and administer the laws of this state pertaining to the beneficial use of water, and tire chief engineer shall control, conserve, regulate, allot, and aid in the distribution of water resources in…”
Frick Farm Props., L.P. v. State, Dep't of Agric., 190 P.3d 983 (Kan. Ct. App. 2008). “K.S.A. 82a-706 and K.S.A. 82a-706a give the chief engineer of the DWR authority to enforce and administer water right laws and, in doing so, provide the chief engineer with authority to promul *139 gate rules and regulations.”
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