82a-714. Permits to appropriate water; completion of works; extension of time; certificate of appropriation; fees.

684 words·~3 min read·/ks/82a-714

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(a)Upon the completion of the construction of the works and the actual application of water to the proposed beneficial use within the time allowed, the applicant shall notify the chief engineer to that effect. The chief engineer or the chief engineer's duly authorized representative shall then examine and inspect the appropriation diversion works and, if it is determined that the appropriation diversion works have been completed and the appropriation right perfected in conformity with the approved application and plans, the chief engineer shall issue a certificate of appropriation in duplicate. The original of such certificate shall be sent to the owner and shall be recorded with the register of deeds in the county or counties wherein the point of diversion is located, as are other instruments affecting real estate, and the duplicate shall be made a matter of record in the office of the chief engineer.

(b)Not later than 60 days before the expiration of the time allowed in the permit to complete the construction of the appropriation diversion works or the time allowed in the permit to actually apply water to the proposed beneficial use, the chief engineer shall notify the permit holder by certified mail that any request for extension of such time must be filed with the chief engineer before the expiration of the time allowed in the permit.

(c)Unless the applicant requests an extension or the certificate has not been issued due to the applicant's failure to comply with reasonable requests for information or to allow the opportunity to examine and inspect the appropriation diversion works, as necessary for certification, the chief engineer shall certify an appropriation:

(1)Before July 1, 2004, if the time allowed in the permit to perfect the water right expired before July 1, 1999, except in those cases in which abandonment proceedings pursuant to K.S.A. 82a-718 , and amendments thereto, are pending on July 1, 2004;

(2)before July 1, 2006, in such cases in which an abandonment proceeding was pending pursuant to K.S.A. 82a-718 , and amendments thereto, on July 1, 2004; or

(3)not later than five years after the date the applicant notifies the chief engineer of the completion of construction of the works and the actual application of water to the proposed beneficial use within the time allowed, in all other cases.

If the chief engineer fails to issue a certificate within the time provided by this subsection, the applicant may request review, pursuant to K.S.A. 82a-1901 , and amendments thereto, of the chief engineer's failure to act.

(d)Except for works constructed to appropriate water for domestic use, each notification to the chief engineer under subsection

(a)shall be accompanied by a field inspection fee of $400, or on and after July 1, 2028, a fee of $200, except that for applications filed on or after July 1, 2009, for works constructed for sediment control use and for evaporation from a groundwater pit for industrial use shall be accompanied by a field inspection fee of $200. Failure to pay the field inspection fee, after reasonable notice by the chief engineer of such failure, shall result in the permit to appropriate water being revoked, forfeiture of the priority date and revocation of any appropriation right that may exist.

(e)A request for an extension of time to:

(1)Complete the diversion works; or

(2)perfect the water right, shall be accompanied by a fee of $50, or commencing July 1, 2002, and ending June 30, 2028, a fee of $100.

(f)A request to reinstate a water right or a permit to appropriate water that has been dismissed shall be filed with the chief engineer within 60 days of the date dismissed and shall be accompanied by a fee of $100, or commencing July 1, 2002, and ending June 30, 2028, a fee of $200.

(g)All fees collected by the chief engineer pursuant to this section shall be remitted to the state treasurer as provided in K.S.A. 82a-731 , and amendments thereto.