Kansas Statutes

Chapter 82a: Waters And Watercourses

Article 2: Navigable Waters

Statutes:

• 82a-201: Acquisition by state of new channel where stream altered.
• 82a-202: Same; secretary of state to procure title; limitation on cost.
• 82a-203: Same; condemnation proceedings authorized; abandonment, when.
• 82a-204: Payment for new channel; survey, appraisal, and sale of old channel; application of proceeds.
• 82a-205: Conveyance of old channel.
• 82a-206 to 82a-208:
• 82a-209: Sale of land in abandoned channel of stream; survey; duties of secretary of state; appraisal.
• 82a-210: Same; disposition of proceeds from sale.
• 82a-211: Same; execution of patent.
• 82a-212: Lease or construction and maintenance easement of certain island in Kansas river in Douglas county to public utility; limitations and period; survey and appraisement; price; disposition of proceeds.
• 82a-213: Easement for park and recreation purposes on land along bank of Kansas river for city of Lawrence; conditions; authorization.
• 82a-214: Easement for water appropriation purposes; limitations.
• 82a-215: Easement for construction of diversion works along Kansas river for city of Topeka; conditions; authorization.
• 82a-216: Conveyance of land accredited due to Missouri river channel change.
• 82a-217: Conveyance of abandoned river channel to city of Ogden.
• 82a-218: Easement for stream crossing on Arkansas river in Finney county.

• 82a-201: Acquisition by state of new channel where stream altered. Whenever the channel, or any part thereof, of any navigable stream in the state of Kansas has heretofore been, or shall hereafter be, suddenly changed or altered by such stream establishing a new channel by flood or avulsion and the title to the abandoned channel is not controlled by K.S.A. 24-454, the secretary of state, as soon as practicable thereafter, shall procure the fee title in the state of Kansas to such new channel, by purchase or by condemnation proceedings.

        History:   L. 1927, ch. 341, § 1; L. 1974, ch. 364, § 30; L. 1978, ch. 430, § 8; April 1.

• 82a-202: Same; secretary of state to procure title; limitation on cost. In the event that the channel, or any part thereof, of any navigable stream has heretofore been, or shall hereafter be, altered or changed in the manner described in K.S.A. 82a-201, the secretary of state, as soon as practicable, shall enter into negotiations with the owner or owners of the title to such new channel for the purpose of procuring deeds conveying title in fee to the state of Kansas for such new channel between the banks thereof, at high-water mark, for such sum or sums as may be agreed upon between the owner or owners and the secretary of state. No sum shall be paid for the new channel in excess of the net amount realized from the sale of the corresponding abandoned channel.

        History:   L. 1927, ch. 341, § 2; L. 1974, ch. 364, § 31; Jan. 13, 1975.

• 82a-203: Same; condemnation proceedings authorized; abandonment, when. In the event that the secretary of state and the owner or owners, of such new channel cannot agree upon a purchase price for the new channel, the secretary of state shall cause proceedings to be instituted to obtain title in fee to the new channel by condemnation. In the event the amount of money necessary to purchase the new channel, as ascertained by the condemnation proceedings, shall exceed the net amount realized from the sale of the corresponding abandoned channel, the secretary of state shall abandon the condemnation proceedings and be relieved from further duty to obtain title to the new channel unless he or she can procure the title as provided in K.S.A. 82a-202.

        History:   L. 1927, ch. 341, § 3; L. 1974, ch. 364, § 32; Jan. 13, 1975.

• 82a-204: Payment for new channel; survey, appraisal, and sale of old channel; application of proceeds. For the purpose of acquiring the new channel, the secretary of state shall cause the land in the corresponding abandoned channel to be surveyed by a surveyor, selected by him or her, and shall thereafter sell and convey the same, or any part thereof, by grant or patent. Any such survey and appropriate field notes, maps, records or other papers relating thereto shall be filed with the register of the state land office. Such land shall, if possible, be sold at the best price obtainable, to be agreed upon between the secretary of state, and any person desiring to buy the same. If it is not possible for such prospective purchaser and the secretary of state to agree upon a price, then the land shall be sold by the secretary of state as one tract, or in different tracts, under an appraisement made by three disinterested persons residing in the county or counties where such abandoned channel is located. Such appraisers shall be appointed by the secretary of state. The sale price shall be not less than three-fourths of the appraised value, and in no case shall such land be sold for less than the cost of surveying, appraising and selling the same. The proceeds arising from the sale shall be applied as follows: First, to the payment of all expenses necessarily incurred in surveying, appraising and selling the same. Second, to purchase the fee title to the bed of the new channel. Third, the balance, if any, to be remitted to the state treasurer and deposited in the state treasury to the credit of the state general fund.

        History:   L. 1927, ch. 341, § 4; L. 1974, ch. 364, § 33; L. 1978, ch. 430, § 9; April 1.

• 82a-205: Conveyance of old channel. Whenever a sale of land is made under article 2 of chapter 82a of Kansas Statutes Annotated, the secretary of state shall cause to be executed and delivered a good and sufficient deed or patent, conveying to the purchaser or purchasers of said land, all of the title of the state of Kansas therein.

        History:   L. 1927, ch. 341, § 5; L. 1974, ch. 364, § 34; L. 1978, ch. 430, § 10; April 1.

• 82a-206 to 82a-208:

        History:   L. 1933, ch. 41, §§ 1 to 3 (Special Session); Repealed, L. 1951, ch. 526, § 1; June 30.

• 82a-209: Sale of land in abandoned channel of stream; survey; duties of secretary of state; appraisal. Whenever the channel, or any part thereof, of any navigable stream in or bordering upon the state of Kansas has heretofore been, or shall hereafter be, changed or altered by such stream establishing a new channel by flood or avulsion, so that any land situated between the banks of such stream at high-water mark shall be abandoned or no longer used as a channel for such stream and the title to such channel is not controlled by K.S.A. 24-454, and amendments thereto, or the provisions of article 2 of chapter 82a of the Kansas Statutes Annotated are not applicable, the secretary of state of the state of Kansas shall cause such land to be surveyed by a surveyor selected by the secretary of state, and may thereafter sell and convey the same, or any part thereof, by grant or patent, as hereinafter provided. Any such survey and appropriate field notes, maps, records or other papers relating to such survey shall be filed with the register of the state land office. A certified copy of such survey may be filed in the office of the register of deeds of the county within which the land is located. Such land, or any part thereof, may be conveyed to the Kansas department of wildlife and parks or may be sold at the best price obtainable to be agreed upon between the secretary of state, acting for and in behalf of the state of Kansas, and any person desiring to buy the same. In any case where any such land has been a part of the bed or channel of any navigable stream bordering on the state of Kansas and the survey establishes parts of such land lying between the Kansas bank of such stream at the high-water mark and the center of the main channel of such stream to be the property of this state which prior to the survey has been occupied and claimed by any person under any patent, conveyance or grant issued or made after April, 1952, to such person from a bordering state or a political subdivision thereof, the secretary of state first shall offer such parts of such lands to such persons occupying and claiming the same as aforesaid at a price represented by the proportionate cost of such survey determined by applying the total cost of the survey to the total acreage of lands covered by said survey. Upon satisfactory proof made thereof, the secretary of state shall allow as a credit to such purchase price the actual cash paid for any such patent, conveyance or grant and the actual costs of any permanent improvements made to any such lands or parts thereof by the person occupying and claiming the same. Upon the refusal of any such offer to such person, the land may be sold by the secretary of state as herein provided.

        If it is not possible for such prospective purchaser and the secretary of state to agree on a price, then the land shall be sold by the secretary of state as one tract, or in different tracts, as the secretary of state may determine, under an appraisement made by three disinterested persons residing in the county or counties where such abandoned channel sought to be sold is situated, which appraisers shall be appointed by the secretary of state. Such sale shall be for not less than three-fourths of the appraised value. In no case shall such land be sold for less than the cost of surveying, appraising and selling the same.

        History:   L. 1978, ch. 430, § 1; L. 1980, ch. 330, § 3; L. 1989, ch. 308, § 2; April 27.

• 82a-210: Same; disposition of proceeds from sale. The proceeds arising from the sale of any such land shall be remitted by the secretary of state to the state treasurer who shall deposit the entire amount thereof in the state treasury to the credit of the state general fund.

        History:   L. 1978, ch. 430, § 2; April 1.

• 82a-211: Same; execution of patent. Upon any sale being made and completed as hereinbefore provided, the secretary of state shall cause to be executed and delivered a good and sufficient grant or patent conveying to the purchaser or purchasers of said land, or tracts of land, so sold, all of the title of the state of Kansas in and to each of said tracts of land.

        History:   L. 1978, ch. 430, § 3; April 1.

• 82a-212: Lease or construction and maintenance easement of certain island in Kansas river in Douglas county to public utility; limitations and period; survey and appraisement; price; disposition of proceeds. (a) The secretary of state is hereby authorized to lease or grant a construction and maintenance easement to a public utility in the tract of land which forms the island in the Kansas river in the South 1/2 of Section 11 and the North 1/2 of Section 14 in Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas county, Kansas, for a construction project and the maintenance thereof. Such lease or easement shall be for a period of time of not to exceed 33 years and shall be limited to that portion of such island necessary for such construction project and the maintenance thereof.

        (b)   If the secretary of state determines that no adequate survey of such tract of land is available, the secretary shall cause such tract of land to be surveyed by a surveyor selected by the secretary. Any survey conducted under this act and appropriate field notes, maps, records and other papers relating to such survey shall be filed with the register of the state land office. A certified copy of such survey may be filed in the office of the register of deeds of Douglas county.

        (c)   The secretary of state shall obtain an appraisement of the proposed lease or grant of an easement under this section, made by three disinterested persons residing in Douglas county appointed by the secretary of state. The secretary of state shall obtain the best price available for any such lease or grant of an easement, to be agreed upon between the public utility and the secretary of state, acting for and in behalf of the state of Kansas. In no case shall such price be less than the costs incurred by the secretary of state under this act, including but not limited to surveying and appraising such tract of land.

        (d)   All moneys received by or for the secretary of state under this act shall be remitted by the secretary of state to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.

        History:   L. 1980, ch. 257, § 1; L. 2001, ch. 5, § 470; July 1.

• 82a-213: Easement for park and recreation purposes on land along bank of Kansas river for city of Lawrence; conditions; authorization. (a) The secretary of state is hereby authorized and directed to grant an easement on tracts of land owned by the state of Kansas along the south bank of the Kansas river in Douglas county and within and without the city of Lawrence, Kansas, to the city of Lawrence, Kansas, for use as a nature trail and for similar park and recreational purposes. Such easement shall be 80 feet in width and shall be 40 feet on each side of the following described line: (1) Beginning on the west right-of-way line of Massachusetts street extended 979.10 feet north of the center line of 7th street in Lawrence, Kansas; thence N 75°59'36" W 109.77 feet; thence N 34°18'54" W 155.74 feet; thence N 47°40'01" W 136.84 feet; thence N 41°13'12" W 239.03 feet; thence N 36°25'06" W 230.45 feet; thence N 29°38'28" W 213.34 feet; thence N 26°56'51" W 195.11 feet; thence N 21°47'18" W 165.50 feet; thence N 17°12'15" W 321.21 feet; thence N 10°32'42" W 199.19 feet; thence N 15°19'38" W 181.14 feet; thence N 15°59'09" W 188.41 feet; thence N 06°28'47" W 180.37 feet; thence N 05°08'47" W 159.48 feet; thence N 08°23'39" W 296.01 feet; thence N 03°00'17" E 146.47 feet; thence N 05°26'29" W 203.93 feet; thence N 15°28'11" W 106.70 feet; thence N 04°56'18" E 82.85 feet; thence N 36°18'57" W 154.24 feet; thence N 39°09'37" W 158.22 feet; thence N 51°03'11" W 135.06 feet; thence N 40°48'22" W 109.84 feet; thence N 27°51'37" W 89.33 feet; and (2) continuing at a point 4622.72 feet North and 1647.06 feet West of the Centerline of 7th and Massachusetts streets in the city of Lawrence, Douglas county, Kansas; thence N 12°31'19" W 306.73 feet, thence N 02°50'09" W 213.58 feet, thence N 08°05'30" W 236.20 feet, thence N 04°31'52" E 288.07 feet, thence N 11°01'44" E 302.52 feet, thence N 13°07'06" E 243.79 feet, thence N 14°54'13" E 276.58 feet, thence N 10°45'27" E 298.57 feet, thence N 13°02'39" E 306.32 feet, thence N 06°45'45" E 270.50 feet, thence N 20°54'58" E 200.20 feet, thence N 14°22'40" E 287.31 feet, thence N 07°34'30" E 301.10 feet, thence N 00°23'48" E 298.64 feet, thence N 03°56'44" W 297.03 feet, thence N 02°13'21" W 266.65 feet, thence N 02°54'58" W 287.17 feet, thence N 07°44'48" W 274.37 feet, thence N 14°16'58" W 292.11 feet, thence N 21°32'26" W 257.31 feet, thence N 30°12'27" W 278.29 feet, thence N 28°20'29" W 298.50 feet, thence N 32°39'50" W 193.20 feet, to a point of termination on the North line of Section 24, Township 12 South, Range 19 East of the Sixth Principal Meridian, such point being approximately 5137.55 feet East of the Northwest corner of such Section 24.

        (b)   Such easement shall be conditioned on the city of Lawrence assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor.

        (c)   The city of Lawrence, Kansas, is hereby authorized to acquire the easement described in subsection (a) as provided in this section, to use such easement as a nature trail and for similar park and recreational purposes and to assume full responsibility for such use and hold the state of Kansas harmless therefor.

        History:   L. 1980, ch. 261, § 1; L. 1981, ch. 395, § 1; L. 1982, ch. 434, § 1; April 29.

• 82a-214: Easement for water appropriation purposes; limitations. The secretary of state is hereby authorized and directed to grant an easement to the MBPXL corporation on a tract of land owned by the state of Kansas along the south bank of the Arkansas river in the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 5 in Township 27 South, Range 24 West in Ford county, Kansas, for the purpose of locating, constructing, operating and maintaining diversion works for the appropriation of water. Such easement shall be conditioned on such corporation assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. Such easement shall terminate if the land is no longer used for the purpose for which the easement was granted.

        History:   L. 1981, ch. 322, § 1; May 13.

• 82a-215: Easement for construction of diversion works along Kansas river for city of Topeka; conditions; authorization. (a) The secretary of state is hereby authorized and directed to grant an easement to the city of Topeka, Kansas, on a tract of land owned by the state of Kansas along the south and north banks of the Kansas river described as follows: Commencing at the southwest corner of the northwest quarter of section 26, township 11 south, range 15 east of the 6th p.m.; thence on a line 89°59'28" along the south line of the northwest quarter, a distance of 1305.42 feet to the southeast corner of government survey lot 4; thence on a line 31°25'19", a distance of 2,475.90 feet to the point of beginning; thence on a line 254°45'25" a distance of 861.04 feet; thence on a line 311°43'22", a distance of 1,277.83 feet; thence on a line 78°43'22", a distance of 1,809.23 feet; thence on a line 169°23'29", a distance of 963.02 feet; thence on a line 259°23'29", a distance of 170.00 feet to the point of beginning. Less that part of the above described tract lying northerly of the northerly high bank of the Kansas river and less that part of such tract lying southerly of the southerly high bank of the Kansas river.

        (b)   Such easement shall be conditioned on the city of Topeka assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. Such easement shall terminate if the land is no longer used for the purpose for which the easement was granted.

        (c)   The city of Topeka, Kansas, is hereby authorized to acquire the easement described in subsection (a) and to use such easement for the purpose of locating, constructing, maintaining and operating diversion works for the appropriation of water and to assume full responsibility for such use and hold the state of Kansas harmless therefor.

        History:   L. 1987, ch. 399, § 1; L. 1987, ch. 329, § 1; May 28.

• 82a-216: Conveyance of land accredited due to Missouri river channel change. The secretary of state is hereby authorized and directed to cause to be conveyed by quitclaim deed, without consideration, any title of the state of Kansas in any tract of land located in Atchison county or Doniphan county between the west Missouri river meander line established by the Kansas survey of 1872 and the east Missouri river meander line established by the Missouri survey of 1862 to the person or persons claiming such tract under color of title.

        History:   L. 1989, ch. 250, § 1; April 13.

• 82a-217: Conveyance of abandoned river channel to city of Ogden. The secretary of state is hereby authorized and directed to cause to be conveyed by quitclaim deed, without consideration, any title of the state of Kansas in any tract of land located in the abandoned Kansas river channel located within the corporate limits of the city of Ogden, Kansas, as of the effective date of this act.

        History:   L. 1991, ch. 249, § 1; July 1.

• 82a-218: Easement for stream crossing on Arkansas river in Finney county. (a) The secretary of state is hereby authorized to grant a construction and maintenance easement to Finney county in, along and across the Arkansas river at a location in the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 23, Township 24 South, Range 33 West, in Finney county, Kansas, for the purpose of constructing and maintaining a stream crossing.

        (b)   The easement authorized by this section shall be conditioned on Finney county's assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. The easement shall terminate if the land is no longer used for the purpose for which the easement was granted.

        (c)   Finney county is hereby authorized to acquire the easement described in subsection (a) and to use the easement for the purpose of constructing and maintaining a stream crossing and to assume full responsibility for such use and hold the state of Kansas harmless therefor.

        History:   L. 1997, ch. 20, § 1; Apr. 10.