The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-27
FLOOD BILL READY
One That Is Satisfactory to Be
Recommended.
Kansas City Senator Discusses
Its Provisions.

The senate committee on cities of
the first class is prepared to recon-
mend a general flood bill for passage
if one word can be changed.
The bill, introduced by Senator
Getty from Kansas City. provides FOR
"the protection, control, deepening,
changing, regulating, establishing and
maintaining h chalmers thereof the
construction, maintenance and repair
of levees along the same to preVen
overflow and the raising or elevation
Of railroad tracks and public high
ways that interfere with the construc-
ton and maintenance OF such lsVeeSi
the construction and regulation OF
drains and other works conducive to
the public health. convenience and
welfare in districts subject to over
flow; and to these end providing for
and authorizing the organization of
drainage districts and prescribing the
duties and defining the powers of such
public corporations
h one word on which there is a
dispute is the word lawful The
bill provides for the directors of the
drainage district to maintain in any
court Of competent jurisdiction the
lawful orders of its directors. The
representatives of the railroads object
to the word lawful ana wish "rea-
sonable'' substituted in its place.
The reason the railroad representa-
tives wish b change IS that the di-
rectors are given power 20 make or
ders as to railroad grades and bridges
and the height at which they shall
be built.
The bill provides that the directors
OF drainage districts shall have the
''To fix, regulate anc change the
grade or elevation or all public high
ways. railroads and street railroads at
points where any eve may cross or
lntersect the same.
ITO require all railroad companies
to elevate their tracks at all points
where the same shal be intersected by
any levees so that such tracks will not
Interfere with the construction or
maintenance of such levee as a con-
tinuous and effective work of uniform
height to prevent the overflow of any
natural w"atercourse.'
Il see no reason why the word should
not be changed" said Senator Getty.
"Court Will certainly not enforce any
orders of the drainage district directors
unless they are reasonable. Should the
directors order a bridge raised 200 feet
no court would order in carried out.
During the food of 1903 the Missouri
Pacific ran a string of engines onto its
Kansas river bridge at Kansas City to
hold it. The drift piled up and the wa
ter in the river bow the bridge was
u feet higher than below. The result
was disastrous to the land along the
" 49, 80 --NA - ~
reason why railroads can not raise their
bridges and this must be done at many
places. This flood bill is of great inn
pOrtaDCe to TOpeka. Kansas CITY and
all towns and farms along streams
overflow their banks. The bill
provides for the creation of drainage /
and, to quote from the bill,
That each drainage district
Incorporated under the provisions of
his act shall be a body polite and cor
porate, and, tsubject to the superior jur-
OF the United States over nav
waters), is hereby granted eX-
elusive control of the beds, channels,
banks and of all lands the title to which
is vested in the state of Kansas lying
between the banks at high water mark
of all natural water courses within such
THE bill provides that the directors
of the district shall, TO take charge Of
and exercise exclusive control over all
natural watercourses within its terri
torial limits I'M to SO widen, deepen,
establish, regulate and maintain the
channels thereof and construct and
maintain such levees along the banks
thereof as may be necessary
The provision which refers to the
railroad bridges, especially is that the
directors shall prescribe, regulate and
the height of the super-structures
above the water, the length of all spans
and the location of the piers of all
bridges across watercourses situated in
the district. This is a most important
OIL anu as II HAS DEEl aAC4AAlJ
I think it provides in every way for all
flood legislation necessary"
The bill provides for the ownership of
new land made by the changing of the
course of a stream as follows.
That whenever the channel or any
part of the channel of any natural wa
tercourse shall be changed or altered by
the establishment of a new channel or
otherwise, so that any lands situated
between the banks of such Watercourse
at high water mark. the title to which
is vested in the state of Kansas shall
be abandoned or no longer used for a
channel, the title to such lands so aban-
doned for use as a ann shall inn
mediately vest in the drainage district
in which the same are situated and
such drainage district may sell, convey
and give good title thereto by a deed
signed by the president of the board of
directors of the district and attested by
it's seal, and such deed when acknow-
lodged by such president as the act of
said district may be recorded as other
deeds"
THE DIMES ORDERS