- Divisions of the USDA manage the majority of Kansas's water-related programs.Clean water and water bubbles in blue image by Suto Norbert from Fotolia.com
All water rights in Kansas are gained by prior appropriation. Kansas Department of Agriculture's Division of Water Resources administers the Kansas Water Appropriation Act, which governs the use of and rights to water. According to the act's dedicated Website, "the right to use Kansas water is based on the principle of 'first in time, first in right.'" - It is illegal in Kansas for individuals to use water without receiving a permit from the Division of Water Resources, with the exception of water being used solely for domestic purposes. Once a permit is obtained, there is a specific period of time allotted for the permit holder to complete all necessary drilling and equipping of her water source. If not completed within this time frame, the permit will be revoked. Further use of the water in question would be considered use without a permit.
- Farmers or owners of other businesses which require water must obtain a permit and make annual reports on water used. In all cases, before a permit is issued, a field inspection is conducted to test the availability of water, effects of the potential water diversion and checks to be sure that the request meets all other Division requirements. Permits, once issued, are to be filed with the local Register of Deeds. Water reports are given for the previous year's usage, and they must be sent, even if no water was used. Falsification on such a report is categorized as a class C misdemeanor.
- Violations of the Kansas Water Appropriation Act may subject individuals to a maximum of six months in jail and a $500 fine. The penalties for violating pumping regulations are significantly more steep. Second offenses are charged $500 and a water penalty, while third offenses may be charged $500 per day, with a doubled water penalty. Fourth time offenders may face a one-year suspension of authorization to use water.
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