82a-712.
Same; notice of approval or disapproval of application; approval constitutes permit.
The chief engineer shall notify the applicant of the approval or disapproval of the application. Upon approving the application the chief engineer shall authorize the applicant to proceed with the construction of the proposed diversion works and to proceed with all steps necessary for the application of the water to the approved and proposed beneficial use and otherwise perfect his or her proposed appropriation. The chief engineer may approve an application for a smaller amount of water than requested and he or she may approve an application upon such terms, conditions, and limitations as he or she shall deem necessary for the protection of the public interest. The approval of the application by the chief engineer, subject to the terms and conditions thereof, upon issuance, constitutes a permit to proceed with construction of diversion or other authorized works and with the diversion and use of water in accordance with the terms and conditions of his or her permit and no common-law claimant without a vested right, or other person without a vested right, a prior appropriation right, or an earlier permit shall prevent, restrain, or enjoin an applicant from proceeding in accordance with the terms and conditions of his or her permit or from diminishing the water supply.
History:
L. 1945, ch. 390, § 12; L. 1957, ch. 539, § 18; June 29.
Notes of Decisions
Wheatland Elec. Coop., Inc. v. Polansky, 265 P.3d 1194 (Kan. Ct. App. 2011).
· cites it 2× “” K.S.A. 82a-712 specifically gives the chief engineer the discretion to “approve an application for a smaller amount of water *753 than requested” and to “approve an application upon such terms, conditions, and limitations as he or she shall deem necessary for the protection of…”
Williams v. City of Wichita, 374 P.2d 578 (Kan. 1962).
· cites it 2× “permits are necessarily granted subject to valid existing vested rights and to prior appropriations, and provision for the protection of those rights, either by actions for damages or for injunction, is carefully made by Sections 82a-712 and 82a-716." As previously indicated,…”
Clawson v. State, Dep't of Agric., Div. of Water Resources, 315 P.3d 896 (Kan. Ct. App. 2013).
· cites it 3× “82a-706c, and K.S.A. 82a-712. The DWR divides the language into two clauses: the first dealing with modification of the water to be diverted and the second dealing with modifications to the permit as necessary for tire protection of the public interest.”
Baumann v. Smrha, 145 F. Supp. 617 (D. Kan. 1956).
“However, permits are necessarily granted subject to valid existing vested rights and to prior appropriations, and provision for the protection of those rights, either by actions for damages or for injunction, is carefully made by Sections 82a-712 and 82a-716. The power of a…”
Claeys v. Claeys, 510 P.3d 1166 (Kan. Ct. App. 2022).
“See K.S.A. 82a-712. When the State grants a permit application, it is allowing the applicant "to proceed with the construction of the proposed diversion works and to proceed with all steps necessary for the application of the water to the approved and proposed beneficial use.”
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