A developer in southwest Kansas holds a junior water appropriation right dated 2005 and is purchasing a neighboring farm that includes a senior water appropriation right dated 1965. The developer plans to use the combined water rights to support a large-scale irrigation project. During negotiations, the seller's attorney states that the 1965 right is subject to a 'change of use' restriction recorded with the Kansas Department of Agriculture, limiting it to domestic use only. The developer's agent must advise the developer on this situation. Which of the following statements is most accurate under Kansas water law?
Correct Answer
D) The change of use restriction is a material encumbrance on the water right, and converting it to irrigation use would require approval from the Kansas Department of Agriculture
Under the Kansas Water Appropriation Act (K.S.A. 82a-701 et seq.), water appropriation rights are granted for specific purposes and quantities. A change of use — such as converting a domestic right to an irrigation right — requires approval from the Kansas Department of Agriculture's Division of Water Resources. The recorded restriction limiting the 1965 right to domestic use is a material encumbrance that the developer must address before using that right for irrigation. The developer's agent must ensure this condition is disclosed and that the developer understands the approval process required before proceeding with the irrigation project.
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Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
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