The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-28
LEGAL.
[Publisehd in The Topeka State Journal
March IS, 1911
SENATE BILL No. s24.

4AoA Sh - Ao14sl
SENATE BILL No. 324
An Act to regulate the drilling and use of
artesian wells and the use of storage
reservoirs, and bitches, canals and lat
erals connected Herewith, to prevent the
waste of supterranean flows of water
ana TO provide penalties for the viola
ZION of this act.
Be it enacted by the Legislature of the
Section l. An artesian well, for the pur-
pose Of this act, is hereby defined to be
an artificial well which is sunk to the
artesian stratum or basin. over 400 feet
deep, ard from which water is raised TO or
above the surface by natural pressure, or
from which water IS raised to or above
the surface of the earth by artificial
means; provided, nothing in this act shall
apply to water flowing from mineral
Sec. p Any artesian wen. that is not
tightly and securely cased, capped and
furnished with such mechanical appll-
ances at the we'll as will readily and eff
feetively arrest and prevent the entire
flow of water from such we'll, either above
or below the, earth's surface, Is hereby
declared to be a public nuisance. The
owner, tenant or occupant of the land
upon which such well is situated who
nuisance, or suffers or permits. 1t TO re-
main or continue, shall be deemed guilty
of a misdemeanor.
Sec. g. The owner or owners of artesian
wells shall provide suitable appliances TO
enable the artesian well supervisor 10
readily take the pressure reading of such
well, or to make other tests required OF
him under the provisions of this law. For
the purpose of measuring the flow and es-
tabIishing a standard system the Clip
poletti weir and the tables therefor, shall
be used in the same manner as are in use
Sarion departments. For the pressure
tests a suitable valve or cock shall be at
taehed to the main valve.
Sec. T. Any person owning an arteSlan
well, or his employees or agent in cnarge
of such well, who causes, suffers or per-
mits the water to unnecessary flow from
such we'll or to go to waste, shall be
deemed guilty of a misdemeanor and shall
be punished as hereinafter provided;
Sec. ). Waste from artesian wells, for
the purpose of this act, is defined to be
the causing, suffering or permitting the
water in any artesian well to reach any
porous substratum bef0re coming to the
earth S surface, or to flow from such well
unnecessarily upon any land, or directly
into any river, creek, or other natural
WatercourSe or channel, or into any lake
or pond, or into any street, road or high
way unless to be used on land for bene-
ficiaI purposes under the constant super
vision of the person using such water OF
his employees. Provided, that this section
shall not be so construed as TO prevent
the of such water for domestic pur-
poses OF the proper irrigation OF agr1cuI-
tural lands by direct flow or from storage
reservoirs furnished by such wells, or for
supplying OR helping to supply through
natural or artificial courses, channels,
public or private irrigation canals or sys-
TENS OF to ornamental ponds or fountains,
or for ponds used for the propagation of
fish.
Sec. 6. That it shall be unlawful for any
owner or person using the water from an
artesian well to conduct the water from
such well to a distance greater than one
and one half miles when such water is
conducted through an earth ditch, or two
and one half miles when such wateT Is
conducted Through any concrete d1tch,
and in no place shall water from an arte-
sian we'll be allowed to run more tnan
two and one half miles except for drilling
purposes, and any drfller or owner wish
ing to use water for drilling purposes
shall obtain permit from the supervisor
fnv Said hermit shall he Oh
tanned before starting operations and shall
contain a statement of the distance the
water is to be carried and the character
of the bitches it is to be carried through
land except where such water shall be
conducted in pipe lines to be used for do do
supplying the same, before such water is
applied to beneficial purposes, provided,
however. that the provisions of this act
shall not apply to any well constructed
prior to the passage of this act; from
which water has been conducted distances
greater than in this section provided.
Sec. z. 1t shall be unlawful to use water
from artesian wells for the purpose of
shall be carried through pipes to watering
troughs fitted with float feeds or other
means of control to prevent waste there
from, and in no case shall the amount
of water escaping from said watering
trough be greater than Will pass through
a one inch pipe without pressure. Any
violation Of the provisions of this section
shall be deemed a misdemeanor and shall
be punished as hereinafter provided and
continue shall be deemed separate
offenSe.
Sec. s. It, shall be unlawful after the
passage of this act for any person to I'M
dertake the drilling of artesian wells
within any known artesian well district
or to put down to the known artesian well
flow Of water any well orifice without
having first made, executed and delivered
to the artesian well supervisor OF such
artesian well district, a good and suffi-
cient bond in the sum of two thousand
dollars with either personal or bonding
company surety; which said bond sinai
first be approved by both the county clerk
of the county in which said well is to be
constructed, and the county artesian wei
board of such county, such bond shall be
Conditioned for the faithful constructor
of such well and when said well Is com
peted. it shall conform to-, and comply
bond shall be made to the state of Kan
sas and shall be for the benefit of any
person who shall contrast with such con.
tractor for the construction of an afteSlar
we'll or well reaching the arteSian flow
and such persons may sue thereon in the
, name of the state of Kansas and recover
on such bonds any sum which shall be
found by the courts to be due MIN as
| damages for conditions broken; provided
that on the completion of any well the
contractor or dEiller shall notify the arte'
sian we'll supervisor in writing, and Il
shall then be the duty OF the SUPERVISE o,
| to inspect sucil well within six days aftei
the receipt of such notice, and If in the
| opinion of the artesian wei supervisor
| such well shall be in perfect condltlon, hs
! shall issue to the owner of the well or ms
authorized agent. certificate of accept
| anee upon the receipt of which the owner
J may pay for the well, and further pro
( vided that at the end of ninety days, OIL
as soon thereafter as possible. from the
receipt of notice of the completion OF sucl
well from the said contractor, the Salo
artesian well supervisor shall again in
spect such well and If such well shall il
| his opinion be found to conform to the
! provisions of this act, he shall thereupoI
| issue to the contractor or driller of sucl
| well a certificate of acceptance, whicl
| said certificate shall be a complete RELEASE
| of such contractor or drilier Of the obliga
| ton of his bond to such well.
/ Sec. 9. All wells of every description
and for every purpose that shall
/ be put down to the aTtesia1
/ basin shall be cased with STANDARD
| line or drive pipe. of the follow
/ ing weights and dimensions: Six incl
pipe when used for the main casing to b.
| not less than eighteen pounds to the foot