The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-10
2
LEGAL.
truousned In The Topeka State Journal
Feb. 10, 1906.1
SENATE BILLNo. -.


AN ACT to authorize the erection and
certain eo1et es IN s Ss4s o knsss
BE 1t enacted by the Legislature of the
state of Kansas:
heretofore erected or desiring to erect any
odn across any water course for the pur-
toWn Oh y, t th water to any city or
authorized to maintain and erect such
Dam across any water course upon his
own land and where it is necessary to the
more efficient running and operating Of
SAID plant to turn any adjacent stream or
spring into the one on which said plant
of this act shall not apply to counties
ihaaaVlng population of 1900 or more than
| Section 9 Any corporation or person
who has heretofore, or may hereafter
erect any such dam across any water
ton. shall be liable to any adjacent or
riparian owner of land for such damage
as sueh owner shall sustain or has sus-
dam as aforesaid
Sectlon T. Every corporation owning
lano upon which it has a dam erected
ing any land upon which it desires to
erect dam across any stream thereon,
aor the purposes mentioned in section
oi TINS act, may exercise the right of en-
tnent domain for diverting and using such
water Tor such purposes and for over
lowing the land of others and for in
yurles to riparian owners by making COM
pensation therefor. Such corporations de-
string to exercise such right shall file
pat ana blue print showing the location
OF such stream or streams, of such dam of
the stream of water to be diverted, the
lands subject to overflow. the riparian
diversion of such water with the clerk of
the district court of the county in Which
such dam is located. together with
as near as practicable of the owners or
the land effected by such proceedings Inc
Judge of the district court OF tnS c1uny
point three disinterested resident house
holders of the county who shall take an
oath to faithfully discharge their duties.
and such person who shall be designated
as commissioners shall give personal no
tice in writing to all parties anected ny
which notice shall be given thirty days
prior to the time they are to enter upon
the DISCHARGE OF their duties IN asSes s
County where the dam is or is to be 10
Gated nSttee gyn ach tine nroeeedngs as
they will enter upon the discharge OF their
such notice shall be published for four
consecutive weeks in some newspaper OF
general circulation published in such coun .
ty The commissioners shall at the time
and place designated in said notices view
the premises, take such other steps as are
necessary to ascertain the true Ia a,a amt
is right and proper; said award shall be
in writing and filed with the. clerk Of the
selves aggrieved by such award OF dam
ages may, within twenty days after sucn
award is filed with the clerk, appear 70
appeals are taken from Judgement or
justices of the peace to the district cour.;
Pending such appeal OF the stb oT 1bs Clerk
Of said court. conditioned to pay the judg,
ment Of the court to De thsV nav o1 in the
meantime occupy said property PROVIDED
that before any court shall appoint com
poratior as provided for in section l. MAX
ing application shall file good ana suit NJ
cient bond to be approved by the clerk OF
ceedinss: PROVIDED further, that except as
herein provided atilfs act is not to De con-
strued as in any way changing the COM
mon law or statutory law now IN force IN
this state relating to surface waters, wa
ter courses, diversion of waters or the
rights. of riparian owners; r.. and
be in force from and after its publication
in the official State paper -,
mated In the Senate. and passed that body
w. J. FITZGERALD,
President of the Senate.
W. 8. KRETSINGER,
Secretary of the Senate.
Passed the House January 30. 1903
Speaker Of the House.
c. H. BRILLIANT,
Chief Clerk of the House.
Approved February 1. 1908:
49, e. w. HOCH,
-FA- -art Governor.
a~5s STATE OF KANSAS.
Office of the Secretary of State.
T c. E. Denton, Secretary of State of the
state of Kansas, do hereby certify that the
above and foregoing Is a correct copy OF
the original enrolled bill now on file in
my office.
In testimony whereof, I have hereunto
subscribed my name and affixed my Off
ciaI SEAL this Srd day Of February. 1908.
c. e. DENTON,
rSeali Secretary of State.
BY ]. T. BOTKIN,
Assistant Secretary Of State.