The Topeka state journal., 1908-02-12


SENATE BILL NO. Il.
AN ACT to authorize the erection and
maintenance of Water VOTES Rlanes @ III
Be it enacted by the Legislature OF the
State of Kansas:
Section J. That any e9rPora1on to arect any
dam across any water course 1or the PuI-
pose of furnishing water to any city OF
town in the State of Kansas. is herepy
authorized to maintain and erect such
dam across any water course upon ms
own land and where it is necessary 70 tne
more efficient running and operating oL
said plant to turn any adjacent stream OF
spring into the one on which SAID pianl
is situated; provided, tnat tne ~ connties
having population of 12OOo or more imam
1900.
Section g Any corporation or person
who has heretofore, or may hereafter
erect any such dam across any wafer
course as specified in the preceding sec
riparian owner of land for such damage
as such owner shall sustain or has sus-
tained by. reason of the erection OF SAID
dam as aforesaid.
Section 8. Every corporation owning
land upon which 1t has dam erected
across any water-course thereof or own
ing any land upon which 1t desires TO
erect a dam across any stream thereon,
for the purposes mentioned in section
of this act, may exercise the rlght Oh EN-
inent domain for divertfng and using Sucn
water for such purposes and for over
flowing the land of others and for IN
juries to riparian owners by making com
pensation therefor Such corporations de-
string to exercise such right shall Tile
plat and blue print showing the location
of such stream or streams, OF sucn Gam on
the stream of water to be diverted, the
lands subject to overflow, the riparian
owners whose lands are damaged by the
diversion of such water ter with the J.; eieTK bicb OF
such dam is located, together with
petition setting forth the facts. the names
as near as practicable of the owners or
the land effected by such proceedings. The
Judge of the district court or the county
in which such dam is located shall ap-
point three disinterested resident mousse
holders of the county who shall take an
oath to faithfully discharge tnelr dutles,
and such person who shall be designated
as commissioners shall give personal no
t!ce in writing to all parties affected py
such proceedings as near as practlcaDle,
which notice shall be given thirty days
prior to the time they are to enter upon
the DISCHARGE of their duties in assessing
such damages and shall also publish in
newspaper of general c1rcuIatlon IN the
county where the dam is or is to be 10
Gated. a notice giving the name OF the
parties affected by such proceedings as
near as practicable and the time Wnen he,n
duties in making and awarding damages;
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 OlncI S(CPS d9 O.
necessary to ascertain the true facts and
award such damages as in their Judment
is right and proper; said award snail pc
in writing and filed with the clerk OF the
district court And persons feeling them
selves aggrieved by such award OF dam
ages may, within twenty days after sucn
the district court in the same manner as
appeals are taken from Judgmemnt or
justices Of the peace to the district court;
Pending such appeal of the owners OF
such dam shall file a bond with the clerk
of the court to be approved by the clerk
of said court conditioned to pay the Judg-
judgment and all costs, they may in the
meantime occupy said property provided
that before any court shall appoint COM
poration as provided for in section ], MAX
ing application shall file good and suffi-
cient bond to be approved by the clerk or
eeedings; PROVIDED further. that except as
herein provided this act is-not to be oon-
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:
be in force from and after its publication
in the official State paper.
hereby certify that the above bill orig
mated in the Senate, and passed that body
January %, 1905.
Concurred in House Amendments. jan
uary 81, 1908 --'
w. J. FITZGERALD,
President of the Senate.
w. s. KRETSINGER,
Secretary of the Senate.
Passed the House January 30, 1903
J. S. SIMMONS,
Speaker of the House.
C. H. BRILHART,
Chief Clerk of the House.
Approved February 1, 1908
E. W. HOCH,
Governor.
STATE OF KANSAS.
Ofice of the Secretary Of State.
I, G. E. Denton, Secretary of State of
the State of Kansas do hereby certify
that the above and foregoing Is correct
copy of the original enrolled bill now on
file in my office.
In testimony whereof, have hereunto
subscribed my name and affixed my Off
cial seal, this 3rd day of February, 1903.
c. Z. DENTON,
ISeal.1 Secretary of State.
BY j. T. BOTKIN,
Asst. Secretary of State.