The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-03
LEGAL.
Published In The Topeka State Journal
April 3, 191Ll
HOUSE BILL No. s12.


HOUSE BILL No. 49,
An Act in relation to the collection and
storage of surface water.
y enacted by the Legislature of the
Section l. That any landowner residing
10 owning land in the state of Kansas
lOI WITHIN the corporate limits of any city
~ THIS state who shall by the construc-
non Of dam across any dry water course
r restn upon e his own land one or more
~ surface water, and who shall maintain
Snch reservoir or reservoirs in such con-
0tuon as to collect and store such water,
.nall be entitled to compensation therefor
the specification for any dam hereafter
4ullt shall be drawn by the county en-
ssneer or county surveyor at the expense
OF the county.
reservoir is built of earth, or consists of
an earthen embankment, and If during
the major portion of the year preceding
tne first day of March in any year there
shal have been stored In such reservoir
tlot less than one acre-foot of water, the
landowner shall be entitled to a reduction
Of one hundred dollars on the assessed
EaIuation of each piece of land, not less
man ten acres, upon which such reser-
Nolr IS located; provided, that not more
than three such reservoirs shall be COM
pensated for In any one year for each
such reservoir shall store during the
1la1or portion of the year preceding the
lrst day of March in any year, not less
tnan four acre-feet of water, the land
owner shall be entitled to a reduction of
two hundred dollars on the assessed yalu-
alton of the piece of land upon which such
reservoir is located, not less than twenty
acres; provided, that not more than five
such reservoirs shall be compensated for
sn any one year on each one hundred and
Sec. 8. That if the dam forming such
reservoir is constructed of concrete, of
pIlck or stone masonry, or of a COM
Dlnation of any of these materials, and if
suelp reservoir shall store during the
major portion of the year preceding the
first day of March of any year not less
tnan one acre-foot of water, the land
owner shall be entitled to a reduction
OF TWO hundred dollars on the assessed
valuation of the piece Of land, not less
tnan ten acres, upon which such reser-
Nolr is located; provided, that not more
than three such reservoirs shall be COM
pensated for in any one year upon each
one hundred and sixty acres of land. If
much reservoir shall store during the
major portion of the year preceding the
fsrst day of March in any year not less
Inan four acre-feet of water, the land
owner shall be entitled to a reduction of
three hundred dollars on the assessed
Ntlaluatlon or the piece of land, not less
Reservoir is located; provided, that not
more than five such reservoirs shall be
compensated for in any one year for each
one hundred and sixty acres of land.
Sec. 4. That in order to be entitled to
The compensation provided herein, the
landowner must have filed with the reg
4eter OF deeds of the county wherein such
reservoir is located a certified plat show
ing the location, by sections and subdivi-
ment land survey, and the form and di-
mensionS of the reservoir and plan and
section of the dam, together with a map
q the drainage area from which the sur
face water is to be collected. Such plat
and map must be made and certified to
as substantially correct by some COM
petent surveyor or engineer.
Sec. 5. That 1t shall be the duty of the
township trustee in the township in which
such reservoir is located, during the
month of March in each year, to certify
70 the board of county commissioners a
has. during the major portion OF the year
preceding the first day of March, stored
less or more than one acre-foot of water.
OF less or more than four acre-feet of
water 1t shall be the duty of such board
rnereupon to ascertain If the plat and
map of such reservoir have been properly
fAed- in. the manner described in the-pFe-
ceding section and to compensate the
landowner by such a reduction in the as
Hessed valuation Of Ids land such land
owner may be entitled to receive under
the provisions of this act.
Sec. s. That the board of county COM
missioners shall have power, in case there
should be any uncertainty or dispute re-
Earding claims for compensation under
the provisions of this act, to make or
tions may be deemed by them to be nee
essary or eXpedient and to make such
seem to them needful or desirable to
carry out the spirit and true intent of this
act. but nothing in this act shall be con-
strued to apply to or. prevent the drain
age of wet or overlooked or swamp lands.
Sec. Z. That this act shall take effect
and be in force from and after Its publ
cation in the official state paper.
I hereby certify that the above bill orig
mated in the House, and passed that body
February "a, 1911,
q. H. BUCHANAN,
Speaker of the House.
EARL AKERS,
Chief Clerk of the House.
Passed the Senate March s, 1911.
RICHARD J. HOPKINS.
President OF the Senate.
WALTER A. JOHNSON,
Secretary of the Senate.
Approved March Is, 1911,
~ w. r. STUBBS,
Governor.
State of Kansas.
Office OF the Secretary of state.
T. CIAS. H. SESSIONS, 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, have
hereunto subscribed my name
fSeal1 and affixed my official seal,
this 18th day of March 1911
CHAS. H. SESSIONS,
Secretary of State.
BY n T BOTKIN.
Asst. Secretary of State.