Kansas Fresh Water Use and Limitations

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Multi-State
Control #:
US-OG-798
Format:
Word; 
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.

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FAQ

Although there are many different types of water rights, the most common of these rights include riparian, pre-1914 appropriative, post-1914 appropriative, and pre- scriptive rights.

The Water Appropriation program administers the Kansas Water Appropriation Act and Rules and Regulations pertaining to the management of water resources. This program issues permits to appropriate water, regulates water use and maintains records of all water rights in the state.

The right to use Kansas water is based on the principle of "first in time - first in right." In times of shortage, that means the earliest water right or permit holders have first rights to use the water. The maintenance of water right and permit records allows Kansas water to be apportioned fairly.

Almost all of the water in western and much of central Kansas used for drinking, irrigation of crops, business, and industry comes from the expansive High Plains aquifer that underlies parts of eight states. Thousands of wells drilled in Kansas are used to pump the groundwater out.

Kansas water users generally divert about 5 million to 6 million acre-feet per year of surface water and groundwater for beneficial uses ? irrigation, power generation, public water supplies, industrial processes, stockwatering and other purposes.

In Kansas, where federal data shows that nearly every county was experiencing some level of drought at the end of 2022, water is among the most urgent issues facing the state legislature this year.

The U.S. Fish and Wildlife Service in February filed a ?request to secure water? with the Kansas Department of Agriculture, a process by which water right holders with seniority, like Quivira, can request that the state force junior water right holders to cut back.

The Kansas Water Transfer Act (KWTA) defines any proposal to move more than 2,000 acre-feet of water per year to a place of use 35 or more miles from the water's point of diversion as a ?water transfer.? All such water transfers are, pursuant to the KWTA, subject to numerous procedural requirements and extensive review ...

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Kansas Fresh Water Use and Limitations