The Kansas Law of Water Rights

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ISBN 13 :
Total Pages : 90 pages
Book Rating : 4.F/5 ( download)

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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:

The Kansas Law of Water Rights

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (12 download)

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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:

Report on the Laws of Kansas Pertaining to the Beneficial Use of Water

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ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.F/5 ( download)

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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:

Condemnation of Water and Water Rights in Kansas

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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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.

Fundamentals of Water Law in Kansas

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ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.:/5 (539 download)

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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:

Water Rights in the Western States

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ISBN 13 :
Total Pages : 1040 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Water Rights in the Western States by : Samuel Charles Wiel

Download or read book Water Rights in the Western States written by Samuel Charles Wiel and published by . This book was released on 1911 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Kansas Water Law and the Ownership of Water Resources in Kansas

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (142 download)

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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..

Laws Governing the Appropriation of Water for Beneficial Use

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ISBN 13 :
Total Pages : 26 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Laws Governing the Appropriation of Water for Beneficial Use by : Kansas

Download or read book Laws Governing the Appropriation of Water for Beneficial Use written by Kansas and published by . This book was released on 1948 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Water Rights in the Western States

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ISBN 13 :
Total Pages : 678 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Water Rights in the Western States by : Samuel Charles Wiel

Download or read book Water Rights in the Western States written by Samuel Charles Wiel and published by . This book was released on 1905 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Water

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ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.:/5 (319 download)

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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:

Loss of Kansas Water Rights for Non-Use

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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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.

Kansas Water Law

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ISBN 13 :
Total Pages : 118 pages
Book Rating : 4.F/5 ( download)

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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:

State Water-rights Laws and Related Subjects

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ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis State Water-rights Laws and Related Subjects by : Jack R. Turney

Download or read book State Water-rights Laws and Related Subjects written by Jack R. Turney and published by . This book was released on 1962 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bibliography was prepared as an aid to those who will be searching available literature on the subject of State water laws. It should be useful in expediting research and promoting more careful analysis of the subject.

The Knowledge of and Attitudes Toward Kansas Water Rights Law of Irrigators in the High Plains of Western Kansas

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ISBN 13 :
Total Pages : 106 pages
Book Rating : 4.:/5 (298 download)

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Book Synopsis The Knowledge of and Attitudes Toward Kansas Water Rights Law of Irrigators in the High Plains of Western Kansas by : Robert Bennett Kerchner

Download or read book The Knowledge of and Attitudes Toward Kansas Water Rights Law of Irrigators in the High Plains of Western Kansas written by Robert Bennett Kerchner and published by . This book was released on 1960 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Title and Related Considerations in Conveying Kansas Water Rights

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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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.

The Kansas Water Appropriation Act - A Fifty-Year Perspective

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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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.

Water Rights Laws in the Nineteen Western States

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584774142
Total Pages : 2290 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Water Rights Laws in the Nineteen Western States by : Wells A. Hutchins

Download or read book Water Rights Laws in the Nineteen Western States written by Wells A. Hutchins and published by The Lawbook Exchange, Ltd.. This book was released on 2004 with total page 2290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hutchins, Wells A., Harold H. Ellis and J. Peter DeBraal. Water Rights Laws in the Nineteen Western States. [Washington, D.C.]: United States Department of Agriculture. [1971]. Three volumes. Reprint available July 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2. Cloth. $350. * Rights to the use of water from surface and underground sources are often crucial in the seventeen contiguous Western states, Alaska and Hawaii. This work offers a comparative analysis of the development and status of the constitutional provisions, statutes, reported court decisions and administrative regulations, practices and policies regarding water rights laws in these states. The analysis considers the nature of these water rights and their acquisition, control, transfer, protection and loss. Federal, interstate and international matters are also discussed.