Kansas Statewide Rule

Kansas Drought Response and Water Use Authority

Some RestrictionsApplies statewide across Kansas (2026)

Key Facts

Governing act: K.S.A. 82a-701 et seq.
Drought authority: Chief Engineer DWR
Doctrine: Prior appropriation
Civil penalty: Up to $1,000/day
Local rules: May be stricter

Last verified: August 21, 2026Source: Kansas Legislature

Summary

The Kansas Water Appropriation Act (K.S.A. 82a-701 et seq.) gives the Chief Engineer of the Division of Water Resources authority over water use during droughts. The Governor may declare drought emergencies triggering statewide conservation measures that supplement local restrictions.

No person shall have the power or authority to acquire a new appropriation right to the use of water for other than domestic use without first obtaining the approval of the chief engineer, and no water rights of any kind may be acquired hereafter solely by adverse use, adverse possession, or by estoppel.

Source: Kansas LegislatureView official code

Full Breakdown

Kansas water rights are administered under the Water Appropriation Act, which establishes the doctrine of prior appropriation. K.S.A. 82a-733 authorizes the Chief Engineer to issue orders restricting water use during drought emergencies. The Governor's Drought Response Team coordinates statewide watch, warning, and emergency declarations under Executive Order. While cities may impose stricter local watering schedules, they cannot override priority water rights or the Chief Engineer's drought orders. Public water suppliers must implement conservation plans approved by the Kansas Department of Health and Environment when delivering treated municipal water.

Violations & Penalties

Violation of Chief Engineer drought orders carries civil penalties up to $1,000 per day under K.S.A. 82a-737. Unauthorized water diversion may result in injunction and forfeiture of water rights.

Frequently Asked Questions

Who controls drought water restrictions in Kansas?

The Chief Engineer of the Kansas Division of Water Resources may issue drought orders statewide. The Governor declares emergencies and cities may add local watering schedules.

Can a Kansas city ban lawn watering during drought?

Yes. Cities operating public water systems may impose mandatory conservation measures, including watering bans, especially when implementing approved water conservation plans.

What happens if I water my lawn during a state drought order?

Civil penalties up to $1,000 per day per violation may apply under K.S.A. 82a-737, plus possible enforcement action by the Chief Engineer.

Sources

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