Water Rights Missouri versus Kansas

Many people don't know what a difference it makes when crossing the state line when it comes to water rights for cropland irrigation. Here for example is a summary of Missouri water rights law:

"Landowners have the right to make reasonable use of the waters upon, adjacent to, and beneath their property."

That's it. Notice that there no provision for permits, or applications, or really controls of any sort. In fact the only area of the state where I could find any effort at all to even address water rights is in SE Missouri.  There is a SE Missouri Water conservation district where the bulk of cropland irrigation is done in Missouri and it says:

"The commission shall require all water users in the district, with irrigation wells 6 inches or lager in diameter to report the number, location,and annual water usage of the wells. The commission may establish annual fees to be paid by irrigation well owner not to exceed five dollars per well unless a higher fee is approved by qualified voters, and then not to exceed twenty-five dollars per well"

Note that in Missouri you do not have to get permission or file for a permit to drill a well. You are only required to report location and usage and the maximum cost for that is $25 per year.

Ok now let's turn to Kansas. I don't have time to give all the details so I've added a link that will allow you to read it:

http://www.ksda.gov/appropriation/content/240

But to put it in brief before you can drill a well, or pump from a stream, or build an irrigation lake you must:

1. File an application
2. Receive a permit
3. Complete Diversion works
4. Develop the water right
5. Have a field inspection
6. Receive and comment on a draft certificate of appropriation
7. Have the Certificate authorized
8. Report Annually on water usage

Now I don't do this to pick on Kansas or to say that they are unfair. It's just a matter of climate. Kansas, especially in the Western two thirds of the state does not receive enough rainfall to replace all water used for irrigation, while Missouri does. So Missouri does not face a potential situation where water usage will overwhelm the resource. Kansas has to strictly control water usage because so much of Kansas' water comes from aquifers that are being drained faster than they can be replenished.

I am also told that it is easier to obtain permits in eastern Kansas where waterfall is more prevalent, than in the western part of the state. But it is no where near as easy, even in eastern Kansas, as it is right across the state line in Missouri. I've been told anecdotal tales of the frustration of farmers in Eastern Kansas watch as water flows through their land and as soon as it crosses the state line they watch a Missouri farmer start pumping irrigation water out of the same stream the Kansas farmer can't touch.

In our next blog we'll talk about how this difference in water rules and regulations may affect investors and the decisions they make.