2015 Kansas Statutes
Chapter 82a WATERS AND WATERCOURSES
Article 7 APPROPRIATION OF WATER FOR BENEFICIAL USE
82a-716 Common-law claimants; action for compensation; injunctions.
82a-716. Common-law claimants; action for compensation; injunctions. If any appropriation, or the construction and operation of authorized diversion works results in an injury to any common-law claimant, such person shall be entitled to due compensation in a suitable action at law against the appropriator for damages proved for any property taken. Any person with a valid water right or permit to divert and use water may restrain or enjoin in any court of competent jurisdiction a subsequent diversion by a common-law claimant without vested rights without first condemning those common-law rights. An appropriator shall have the right to injunctive relief to protect his or her prior right of beneficial use as against use by an appropriator with a later priority of right.
History: L. 1945, ch. 390, § 16; L. 1957, ch. 539, § 21; June 29.
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