Kansas Statutes Annotated

K.S.A. § 82a-706b (2026)

Diversion of water prohibited, when; unlawful acts; enforcement and augmentation by chief engineer

✓ current as of May 2026

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82a-706b. Diversion of water prohibited, when; unlawful acts; enforcement and augmentation by chief engineer. (a) It shall be unlawful for any person to prevent, by diversion or otherwise, any waters of this state from moving to a person having a prior right to use the same, or for any person without an agreement with the state of Kansas to divert or take any water that has been released from storage under authority of water reservation rights held by the state of Kansas. Upon making a determination of an unlawful diversion, the chief engineer or the chief engineer's authorized agents, shall, as may be necessary to secure water to the person having the prior right to its use, or to secure water for the purpose for which it was released from storage under authority of the state of Kansas or water reservation rights held by the state of Kansas:

(1) Direct that the headgates, valves or other controlling works of any ditch, canal, conduit, pipe, well or structure be opened, closed, adjusted or regulated; or

(2) within the rattlesnake creek subbasin located in hydrologic unit code 11030009, allow augmentation for the replacement in time, location and quantity of the unlawful diversion, if such replacement is available and offered voluntarily.

(b) The chief engineer, or the chief engineer's authorized agents, shall deliver a copy of such a directive to the persons involved either personally or by mail or by attaching a copy to such headgates, valves or other controlling works to which it applies and such directive shall be legal notice to all persons involved in the diversion and distribution of the water of the ditch, canal, conduit, pipe, well or structure. For the purpose of making investigations of diversions and delivering directives as provided herein and determining compliance therewith, the chief engineer or the chief engineer's authorized agents shall have the right of access and entry upon private property.

History: L. 1957, ch. 539, § 10; L. 1965, ch. 557, § 1; L. 2015, ch. 60, § 1; July 1.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2013–2021 · leading case: Garetson Bros. v. Am. Warrior, Inc., 347 P.3d 687 (Kan. Ct. App. 2015).

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Garetson Bros. v. Am. Warrior, Inc., 347 P.3d 687 (Kan. Ct. App. 2015). “Furthermore, K.S.A 82a-706b authorizes the chief engineer of DWR to determine if there has been an unlawful diversion of water.”

Clawson v. State, Dep't of Agric., Div. of Water Resources, 315 P.3d 896 (Kan. Ct. App. 2013). “82a-706, K.S.A. 82a-706b, K.S.A. 82a-706c, and K.S.”

Garetson Bros. v. Am. Warrior, Inc., 435 P.3d 1153 (Kan. Ct. App. 2019). “(B) Following the investigation, the chief engineer may issue an order, consistent with K.S.A. 82a-706b, and amendments thereto, and rules and regulations of the chief engineer, that limits, curtails or prevents the diversion and use of water by any person without a prior right…”

Audubon of Kansas, Inc. v. United States Dep't of Interior (D. Kan. 2021). · cites it 2× “In 2013, the Service filed a request with the KDA-DWR for an impairment investigation of the Refuge Water Right under K.S.A. § 82a-706b and K.A.R. § 5-4-1. Barfield, the previous Chief Engineer of KDA-DWR, issued the Impairment Report in 2016.”

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