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Condemnation Of Water And Water Rights In Kansas
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Book Synopsis Condemnation of Water and Water Rights in Kansas by : John C. Peck
Download or read book Condemnation of Water and Water Rights in Kansas written by John C. Peck and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislation in Kansas declares water rights to be property rights. The water resources in most parts of Kansas are fully appropriated - i.e., new water rights for water are generally unavailable from the state. To obtain water supplies in the future, entities will have to purchase existing water rights, or, in the case of entities having the statutory power of eminent domain, such as cities and other governments and some industries, they may have to resort to condemnation of existing water rights. This articles explores this subject in Kansas. First addressed is the general law of condemnation-various constitutional and statutory sections that grant condemnation power and the kinds of interests, including waters and water rights, that may be the subject of a condemnation lawsuit. Numerous entities have condemnation powers, but issues exist as to what types of property can be condemned. The article then discusses valuation of property taken. The third part of the article summarizes the law of condemnation of water rights in other states. Lastly, the article proposes a new Kansas statute on water rights condemnation, drafted by the author in an attempt to answer existing problems and to remove some ambiguities in Kansas law.
Book Synopsis The Kansas Law of Water Rights by : Wells Aleck Hutchins
Download or read book The Kansas Law of Water Rights written by Wells Aleck Hutchins and published by . This book was released on 1957 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Report on the Laws of Kansas Pertaining to the Beneficial Use of Water by : Kansas. State Water Resources Board
Download or read book Report on the Laws of Kansas Pertaining to the Beneficial Use of Water written by Kansas. State Water Resources Board and published by . This book was released on 1956 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Water by : Kansas. State Board of Agriculture
Download or read book Water written by Kansas. State Board of Agriculture and published by . This book was released on 1955 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Kansas Law of Water Rights by : Wells Aleck Hutchins
Download or read book The Kansas Law of Water Rights written by Wells Aleck Hutchins and published by . This book was released on 1957 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Kansas Water Rights by : John C. Peck
Download or read book Kansas Water Rights written by John C. Peck and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas lies on the border between water abundance and water shortage. Southeast Kansas receives over forty inches of annual rainfall; southwest Kansas receives under sixteen. Western Kansas has abundant but diminishing ground-water reserves. Kansans use these resources extensively. We are nearing a time when most of the water in the state will be appropriated under our permit system. When that happens, we will likely move into another era: water rights will be obtained primarily by purchase or condemnation rather than by filing with a state official. This article deals with "changes" and "transfers" of water rights in Kansas. By "change" we mean changes in attributes of a water right, such as changes in the type of use, place of use, or place of diversion. By "transfer" we mean a legal change of ownership. Changes by an owner are possible without a transfer of ownership, but changes are often necessary when a transfer is made.
Book Synopsis Loss of Kansas Water Rights for Non-Use by : John C. Peck
Download or read book Loss of Kansas Water Rights for Non-Use written by John C. Peck and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like other Western states, Kansas follows the Prior Appropriation Doctrine for water rights allocation - “first in time, first in right.” Traditionally, these water rights must be used, or they can be declared abandoned. Loss of water rights for non-use is important, because over appropriation of Kansas' water resources has led to the closure of much of the state to new water permits. Water users must thus make sure that their water rights remain active and legal. This article discusses loss of water rights in Kansas. Several questions are discussed. One question is whether Kansas is an “abandonment” state or a “forfeiture” state. Historically, abandonment has been a doctrine adopted by courts that allows the intent of the water user to be relevant on whether an abandonment has occurred. Forfeiture is the loss of a right for failure to use the right for the period of time, such as three or five years, expressly stated in a statute, the intent of the water right holder being irrelevant. Other issues covered in the article include whether vested rights (water rights pre-dating the Kansas Water Appropriation Act of 1945) are subject to abandonment; whether pre-1945 Act legislation dealing with loss of water rights for non-use is relevant in light of the 1945 Act; when a water right has sufficiently matured to be subject to abandonment; what constitutes “due and sufficient cause” for non-use, which can be a defense to an action by the state to declare a water right abandoned; whether partial abandonments are possible; who has the burden of proof in an abandonment hearing, the state or the water right holder; and whether a water right can be declared abandoned for unauthorized use as compared to non-use. The article attempts to answer these questions and points out several potential problems with current law.
Book Synopsis Kansas Water Law and the Ownership of Water Resources in Kansas by : Burke W. Griggs
Download or read book Kansas Water Law and the Ownership of Water Resources in Kansas written by Burke W. Griggs and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: I have prepared this outline of Kansas water law for the benefit of the Interim Committee on Natural Resources. By the standard of legislative testimony, it is painfully long; by the standards of a legal treatise, it is painfully short and incomplete. Nonetheless, it is intended as a basic guide to the structure and operation of Kansas water law, as that law has established property rights in the use of water, and how owners of Kansas water rights have (and have not) protected those rights. I will limit my oral testimony to the basic elements of this written testimony, so that I can answer the questions of the committee..
Book Synopsis The Kansas Water Appropriation Act - A Fifty-Year Perspective by : John C. Peck
Download or read book The Kansas Water Appropriation Act - A Fifty-Year Perspective written by John C. Peck and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1945, the Kansas Legislature enacted the Kansas Water Appropriation Act, which changed Kansas water allocation law from the common law riparian doctrine for streams and the absolute ownership ownership for groundwater. This article begins with the precursors to the Act-nineteenth legislation and cases, a major 1944 Kansas Supreme Court case, and a governor's committed appointed to recommend changes in the law. The Act changed water law from the common law rules to the doctrine of prior appropriation-first in time, first in right-for both groundwater and streams. Persons using water under common law claims in 1945 were protected with vested rights. Other people with water rights who were not using the water in 1945 simply lost their rights. All new users would have to obtain permits from the state to receive appropriation rights. The article describes the Act and various amendments to the Act from 1945 to 1995 as well as other relevant water legislation such was water planning statutes, groundwater management districts legislation, and the Water Transfer Act. The several court cases unsuccessfully challenging the constitutionality of the Act are mentioned. The main administrator of the Act is the chief engineer of the Division of Water Resources of the Kansas Department of Agriculture. The article provides information about the several people who served as chief engineer during the fifty-year period as well as developments during their tenures.
Book Synopsis Fundamentals of Water Law in Kansas by : John C. Peck
Download or read book Fundamentals of Water Law in Kansas written by John C. Peck and published by . This book was released on 2003 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kansas Water Law written by John C. Peck and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Title and Related Considerations in Conveying Kansas Water Rights by : John C. Peck
Download or read book Title and Related Considerations in Conveying Kansas Water Rights written by John C. Peck and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers representing buyers of water rights in Kansas must be concerned with two things: the quality of the water right and the quality of the title of the water right. The former subject is treated in an article “Assessing the Quality of a Water Right,” 70 J. Kan. Bar Assoc. 26 (May 2001). This article discusses the latter topic. A water right may be perfectly fine regarding annual use reports, legal and proper use of the water, and filing of appropriate documents in the public records, but the title might have defects. Contrariwise, the title may be clean, but the right itself may quality problems. Typically, title insurance companies do not insure title to water rights, so the lawyer must rely on either abstracts of title or original searches in the public records, which can lead to high legal costs in such transactions. This article provides guidance to lawyers who must examine title to water rights. The article begins with a summary of Kansas water rights law, focusing on the fact that water rights in Kansas are real property interests. It discusses abstracts of title versus title insurance and the necessary contents and descriptions to be contained in the deed . Next covered are matters of title to the water right - general issues, Division of Water Resources change orders acting as deeds, and title to the land to which the water right is appurtenant. It provides details on several matters that can affect title: divorce, mortgages, judgment and mechanics' liens, foreclosures, utility easements, tenants, bankruptcy, Uniform Commercial Code documents, restrictive covenants, special water districts, and property taxes. Other subjects covered are the Kansas Water Transfer Act and interstate water diversions.
Book Synopsis Property Rights in Groundwater - Some Lessons from the Kansas Experience by : John C. Peck
Download or read book Property Rights in Groundwater - Some Lessons from the Kansas Experience written by John C. Peck and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article summarizes the ideas presented by the author at the Kyoto 3rd World Water Forum. In general, American states and not the national government control water resources. Western states generally define water rights as property rights and apply the prior appropriation doctrine, or “first in time is first in right”, to handle disputes in times of shortage. Kansas, located in the center of the U.S., adopted this doctrine in its 1945 Water Appropriation Act and expressly defined water rights as “real property rights.” Permits were issues through the 1960s when authorities became aware that groundwater depletion was occurring in the groundwater aquifers. The legislature then enacted a statute that enabled creation of “groundwater management districts” (GMD), which were to allow local control of groundwater within the framework of Kansas water law, and “intensive groundwater use control areas” (IGUCAs), for more intensive management in serious problem areas. An IGUCA was created in the Cheyenne Bottoms area in 1992, and the Order cut back on existing irrigation water rights by limiting annual quantities from 64% to 71%. A potential problem with cutting annual quantity of existing water rights is that such action might amount to a “taking” of property, for which compensation to the water right holder should be paid, but the irrigators did not appeal the Order The article describes other attempts to control groundwater withdrawals, discusses philosophical and policy issues, and proposes a solution for Kansas that would involve incremental reduction of groundwater pumping to achieve safe yield 25 or 40 years in the future.
Book Synopsis Kansas Water Law by : Earl B. Shurtz
Download or read book Kansas Water Law written by Earl B. Shurtz and published by . This book was released on 1967 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Water Law in Kansas History by : John C. Peck
Download or read book Water Law in Kansas History written by John C. Peck and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, I will explore how Kansas law historically has been applied to the most fundamental of our natural resources: Water.
Book Synopsis Water Demands in Kansas, 1944-84 by : J. F. Kenny
Download or read book Water Demands in Kansas, 1944-84 written by J. F. Kenny and published by . This book was released on 1986 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Putting the Water to Work by : Robert Kern Irvine
Download or read book Putting the Water to Work written by Robert Kern Irvine and published by . This book was released on 1997 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt:
