Kansas Statutes Annotated

K.S.A. § 82a-716 (2026)

Common-law claimants; action for compensation; injunctions

✓ current as of May 2026

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82a-716. Common-law claimants; action for compensation; injunctions. If any appropriation, or the construction and operation of authorized diversion works results in an injury to any common-law claimant, such person shall be entitled to due compensation in a suitable action at law against the appropriator for damages proved for any property taken. Any person with a valid water right or permit to divert and use water may, after first exhausting the remedies available under K.S.A. 82a-717a, and amendments thereto, restrain or enjoin in any court of competent jurisdiction a subsequent diversion by a common-law claimant without vested rights without first condemning those common-law rights. After first exhausting the remedies available under K.S.A. 82a-717a, and amendments thereto, an appropriator shall have the right to injunctive relief to protect his or her prior right of beneficial use as against use by an appropriator with a later priority of right.

History: L. 1945, ch. 390, § 16; L. 1957, ch. 539, § 21; L. 2017, ch. 55, § 1; July 1.

Notes of Decisions

Cited in 4 cases, 1956–2019 · 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). · cites it 10× “A 82a-706b authorizes the chief engineer of DWR to determine if there has been an unlawful diversion of water. The procedure for filing an administrative action for a determination by the chief engineer is set forth in K.”

Garetson Bros. v. Am. Warrior, Inc., 435 P.3d 1153 (Kan. Ct. App. 2019). · cites it 16× “Finally, the panel interpreted K.S.A. 82a-716 *629 and K.S.A. 82a-717a, holding the Legislature did not give the word a special definition in the statute and, therefore, the district court used the proper definition of "impair.”

Baumann v. Smrha, 145 F. Supp. 617 (D. Kan. 1956). · cites it 2× “Section 82a-716 provides: “Common law claimants; action for compensation; injunctions by appropriators.”

Cochran v. State, 249 P.3d 434 (Kan. 2011). “82a-711(c); K.S.A. 82a-716; K.S.A. 82a-717a; K.S.A. 77-611.”

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