Under the Kansas Water Appropriation Act and the prior appropriation doctrine, all of the following statements about Kansas water rights are correct EXCEPT:
Correct Answer
C) Landowners in Kansas automatically acquire water rights for all water sources adjacent to or underlying their property
Option C is the INCORRECT statement. Under Kansas prior appropriation law (K.S.A. 82a-701 et seq.), landowners do NOT automatically acquire water rights based on land ownership. Water rights must be separately appropriated through the state permit system. This is the fundamental distinction between prior appropriation and riparian rights — in Kansas, owning land adjacent to or above a water source does not automatically grant any right to use that water.
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