reglab/housing_qa huggingface dataset:
KS Stat § 42-341 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-341 Agreements as to rotation of water among consumers.

42-341. Agreements as to rotation of water among consumers. Any number of the consumers of water from any canal, ditch, conduit or reservoir, or any lateral or distributing conduit, receiving water from any such works, may in writing agree among themselves for the rotation of the water to which they are severally entitled, and the delivery thereof upon particular days to particular consumers during such seasons, season or part of season, as in such agreement may be specified: Provided, That the rotation of the water to which the several consumers, parties to such agreement, may be entitled, shall not be conducted in such manner as to diminish the supply of water to which any other consumer under such canal, ditch, conduit or lateral may be entitled.History: L. 1891, ch. 133, art. 4, § 23; May 20; R.S. 1923, 42-341.
KS Stat § 42-342 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-342 Agreements between proprietors of two or more works as to rotation of water.

42-342. Agreements between proprietors of two or more works as to rotation of water. The proprietors of two or more canals, ditches, reservoirs, or other works, taking water from the same source of supply, may, by a consent in writing of those entitled to the use of the water therefrom, agree in like manner for the rotation of the whole or any part of the water lawfully allotted from such stream or source of supply to such ditches, conduit, or other works, in such way and manner and for such time as may be in such agreement specified: Provided, however, That the rotation of the water to which the several consumers, parties to such agreement, are entitled shall not be conducted in such manner as to diminish the supply of water to which any consumer of water* from any other ditch, conduit or other works may be entitled.History: L. 1891, ch. 133, art. 4, § 24; May 20; R.S. 1923, 42-342.
KS Stat § 42-343 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-343 Filing copy of agreement for rotation of water with superintendent; water to be distributed according to such agreement.

42-343. Filing copy of agreement for rotation of water with superintendent; water to be distributed according to such agreement. Whenever any agreement shall be entered for the rotation of the water of any ditch, conduit, reservoirs or other works, or any lateral of such ditch or conduit, or any part of such water, among those entitled to the use of such water, such agreement, or one part or copy thereof, shall be delivered to the superintendent of the ditch, conduit, reservoir, or lateral, and be by him carefully preserved, and he shall cause the water to which the parties thereto may be entitled to be rotated and distributed conformably to the said agreement, during the time mentioned therein for the continuance in force of such agreement.History: L. 1891, ch. 133, art. 4, § 25; May 20; R.S. 1923, 42-343.
KS Stat § 42-344 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-344 Agreements between proprietors injurious to other proprietors.

42-344. Agreements between proprietors injurious to other proprietors. No agreement entered into between the proprietors of any two or more canals, ditches, conduits, reservoirs or other works for the rotation of the water thereof in manner as hereinbefore provided shall be permitted to go into effect if it shall be manifestly injurious to the proprietors of other canals or other works, or the consumers of water therefrom; and if after experiment the execution of such agreement be found injurious to other persons, the further rotation of the waters pursuant to such agreement must be discontinued.History: L. 1891, ch. 133, art. 4, § 26; May 20; R.S. 1923, 42-344.
KS Stat § 42-345 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-345 Certain agreements between proprietors not allowed; proceedings to annul.

42-345. Certain agreements between proprietors not allowed; proceedings to annul. The proprietors of any canal or other works not party to such agreement, or any consumer of water therefrom, shall be entitled to make application to the judge of the district court in and for the county wherein said applicant shall reside, asking that such agreement be annulled. Reasonable notice of every such application shall be given to the proprietors of the canals and other works, parties to such agreement, and the judge of the district court may require like notice to be given to all others in interest, by application, as may by him or her be prescribed.The proprietors of any such canal or other works, or any consumer of water, or person entitled to the use of water from any such works, shall be heard, and the judge of the district court shall make such order in the premises as right and justice may require. During the pendency of any such application the waters allotted to the canals, ditches, or other works, the proprietors whereof are parties to such agreement, shall be distributed and rotated conformably to such agreement.History: L. 1891, ch. 133, art. 4, § 27; R.S. 1923, 42-345; L. 1976, ch. 145, § 196; Jan. 10, 1977.
KS Stat § 42-346 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-346 Agreement for rotation of water not to affect prior rights.

42-346. Agreement for rotation of water not to affect prior rights. No agreement for the rotation of water shall in any manner impair or affect the rights of any prior encumbrancer of lands theretofore customarily irrigated by any part of the waters mentioned in such agreement, he not being a party to such agreement; nor shall such agreement, or the rotation of the waters pursuant thereto, in any manner affect or impair the rights or the priority of right of the parties thereto, or the persons using or entitled to use the waters referred to in such agreement, or any of them, as against other persons.History: L. 1891, ch. 133, art. 4, § 28; May 20; R.S. 1923, 42-346.
KS Stat § 42-347 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-347 Agreements for more than one season to be recorded.

42-347. Agreements for more than one season to be recorded. Whenever any such agreement for the rotation of water, either between or among several ditches, conduits, reservoirs or other works, or among those entitled to the use of the waters of any ditch, conduit, reservoir or other works, or any lateral therefrom, or any part of such water, shall be for a space exceeding one season, the same shall be recorded in the office of the register of deeds of the county wherein is situate the head gate of such ditch or conduit, or wherein is situate such reservoir or the head of the lateral.History: L. 1891, ch. 133, art. 4, § 29; May 20; R.S. 1923, 42-347.
KS Stat § 42-348 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-348 Gates or barways in fences; liability for failure to close.

42-348. Gates or barways in fences; liability for failure to close. The proprietor of any fence which crosses or abuts upon any stream from which waters are drawn for irrigation or other purposes, or which abuts upon or wholly or in part encloses any reservoir for the collection, retention or storage of water, shall cause to be placed in every such fence, in some convenient place, a gate or barway, and shall always maintain the same; and such proprietor and proprietors of land shall always permit the proprietors of any such works, and their assistants, and all public officers concerned therewith, to pass thereat and along the bank of such stream or to such reservoir, over said premises, by some reasonably direct and convenient way, for any lawful purposes connected with the management of such works and the discharge of their official duties. Every such person shall forthwith, upon passing through any such gate or barway, carefully close such gate or barway, and shall be responsible to the proprietors of such lands for any damage occasioned by his default in that behalf.History: L. 1891, ch. 133, art. 4, § 30; May 20; R.S. 1923, 42-348.
KS Stat § 42-349 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-349 Bridges and viaducts; when maintained by county or township.

42-349. Bridges and viaducts; when maintained by county or township. It shall be the duty of the proprietors or owners of any canal, ditch or other conduit constructed for the conveyance of water used principally for irrigation purposes to provide and construct all necessary bridges and viaducts for the use of the public in crossing the same. Every such bridge or viaduct shall be so constructed as to be safe and adequate for the purpose for which constructed, and the construction thereof shall in all cases be completed by the time when water shall be caused or permitted to flow in such canal, ditch or other conduit at the place where any such bridge or viaduct shall be required.All such bridges and viaducts, when constructed, shall be and become a part of the public highway, and shall be maintained and kept in repair by the authorities having charge of such highways: Provided, That when such bridge or viaduct is located on a township road and the county engineer's estimated cost is more than $600, said bridge or viaduct shall be maintained by the board of county commissioners, and when the county engineer's estimated cost of such bridge or viaduct is $600 or less, it shall be maintained by the board of township highway commissioners: Provided further, That when any canal, ditch or other conduit constructed for the conveyance of water used primarily for drainage purposes, and belonging to a regularly established drainage district, shall cross a public highway, thereby necessitating the construction or maintenance of any bridge or viaduct, such bridge or viaduct shall be constructed and maintained by the board of county commissioners when located on a county road or when located on a township road and the county engineer's estimated cost is more than $300; it shall be constructed and maintained by the township board of highway commissioners when located on a township road and the county engineer's estimated cost is less than $300.History: L. 1891, ch. 133, art. 4, § 31; L. 1921, ch. 87, § 1; May 25; R.S. 1923, 42-349.
KS Stat § 42-350 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-350 Same; restoration of highway.

42-350. Same; restoration of highway. It shall be the duty of any person, firm or corporation who are the owners and proprietors of any canal, ditch or other conduit constructed for the conveyance of water, or other opening through or across a public highway or street, which are used principally for power purposes, to restore such highway to passable condition, and to build, rebuild, maintain and keep in repair at such proprietor's or owner's expense, a good and sufficient bridge or viaduct over and across the same, of the size and kind required by law of the highway authorities in charge of such highway or bridge. If such bridge be located within the corporate limits of a city of the first, second or third class it shall be built, rebuilt, constructed and repaired under the supervision of the city council or board of commissioners of said city, and when required to be rebuilt shall be built according to plans and specifications prepared under their supervision.If located upon a county road or on a township road if the county engineer's estimated cost exceeds $600, such building or rebuilding shall be according to plans and specifications approved by the board of county commissioners and the county engineer. If located upon a township road, and the county engineer's estimated cost does not exceed $600, then such bridge shall be built, rebuilt, maintained and repaired according to plans and specifications approved by the township board of highway commissioners, and by the county engineer.History: L. 1921, ch. 87, § 2; May 25; R.S. 1923, 42-350.
KS Stat § 42-351 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-351 Same; existing structures across roads; repair and maintenance; tax levy upon failure.

42-351. Same; existing structures across roads; repair and maintenance; tax levy upon failure. The provisions of this act shall apply to canals, ditches, conduits and other openings through the public highways of the state, which are already built over and across the same, whether built and maintained by the public authorities or the owner and proprietors of such ditches, canals, conduits and other openings. And when it shall become necessary to build, rebuild, repair or maintain bridges and viaducts already existing over canals, ditches, conduits and other openings through a public highway as set out in K.S.A. 42-350, such duty shall devolve upon the owner and proprietor thereof without regard to who has performed such duty heretofore: Provided, That in case said bridges or viaducts become in a dangerous condition for travel and the owner or proprietor of said canal, ditch or conduit shall fail or refuse to repair or reconstruct said bridge or viaduct the highway officials having jurisdiction over said bridge or viaduct may repair or reconstruct the same and certify the cost to the county clerk who shall enter the same against the property of said owner or proprietor on the tax rolls for collection the same as other taxes.History: L. 1921, ch. 87, § 3; May 25; R.S. 1923, 42-351.
KS Stat § 42-352 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-352 Bridges by owner of land for own use.

42-352. Bridges by owner of land for own use. Every person owning, leasing or controlling any land whereon and over, through or across which shall be located and constructed any canal, ditch, or other such works, shall have the right to construct any necessary bridge or bridges over or across the same on said land for his own use and convenience, and to construct approaches thereto, and to use the same; and the proprietors of such works shall in nowise interfere with such rights, nor unnecessarily remove or obstruct any such bridge or approach thereto, nor willfully or negligently damage the same.Such proprietors may, when necessary, temporarily remove any such bridge for the purpose of cleansing, repairing or enlarging such works, and shall, upon the completion of such cleansing, repairing or enlargement, forthwith replace such bridge: Provided, That such bridge shall have been so constructed as to admit of its removal and replacement without damage by the exercise of ordinary care: And provided further, That no such bridge shall be so constructed as to break down, injure or weaken any part of such works, nor so as to in anywise obstruct the flow of water therein, or the operation thereof.History: L. 1891, ch. 133, art. 4, § 32; May 20; R.S. 1923, 42-352.
KS Stat § 42-353 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-353 Lands saturated with seepage waters.

42-353. Lands saturated with seepage waters. The proprietor of any lands which have become saturated by seepage waters flowing out of any ditch, canal, reservoir or conduit shall be entitled to cut and open drains or trenches, or lay pipes or conduits for draining such lands and withdrawing the water therefrom, and conveying the same into any natural stream, arroyo, or watercourse, or may at his election convey such waters to other lands or places whatsoever, and apply the same to domestic, agricultural, manufacturing or other purposes in his pleasure.History: L. 1891, ch. 133, art. 5, § 1; May 20; R.S. 1923, 42-353.
KS Stat § 42-354 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-354 Same; damages ascertained under laws relating to eminent domain.

42-354. Same; damages ascertained under laws relating to eminent domain. In order to cut such drains and trenches, or to lay such pipes and conduits, such proprietors shall be entitled to pass with the same over the intervening lands of others if necessary; and in case of being unable to agree with the proprietors of such intervening lands touching the compensation in that behalf payable, or in case of the nonage or other disability, or absence of such proprietors, or any of them cannot be found, may cause such damages and compensation to be ascertained in the manner prescribed by the laws regulating the exercise of the power of eminent domain.History: L. 1891, ch. 133, art. 5, § 2; May 20; R.S. 1923, 42-354.
KS Stat § 42-355 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-355 Appeal to state board, hearings; commission to fix rates for water from irrigation company.

42-355. Appeal to state board, hearings; commission to fix rates for water from irrigation company. Whenever the purchasers of water from any irrigation company considers the rate of charges of such company for the use of water to be unreasonable, extortionate, or unjust, such purchasers may appeal such rate of charge to the state corporation commission. If the state corporation commission considers such complaint just, such commission shall proceed to notify the irrigation company and the complainants that 30 days from date of such notice they will, conduct a hearing thereon in accordance with the provisions of the Kansas administrative procedure act at the county seat within the county from which the complaint came. If the state corporation commission shall decide that such rates are extortionate and unjust, the commission shall fix a rate of compensation for the use of water, which rate shall be binding upon the irrigation company for one year from the service of such decision, and until the further order of such commission therein.History: L. 1891, ch. 133, art. 6, § 1; R.S. 1923, 42-355. L. 1988, ch. 356, § 137; July 1, 1989.
KS Stat § 42-356 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-356 Powers of commission.

42-356. Powers of commission. The state corporation commission shall have the same powers in relation to irrigation companies that they have in relation to railroad companies.History: L. 1891, ch. 133, art. 6, § 2; May 20; R.S. 1923, 42-356.
KS Stat § 42-357 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-357 Creation of districts.

42-357. Creation of districts. The board of county commissioners of any county in the state of Kansas where irrigation is now or may hereafter be used in the aid of agriculture is hereby authorized and empowered to cause to be erected into convenient districts, to be called irrigation districts, such tracts of contiguous territory as may be conveniently irrigated from any given source of supply.History: L. 1891, ch. 133, art. 7, § 1; May 20; R.S. 1923, 42-357.
KS Stat § 42-358 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-358 Petition for district; contents.

42-358. Petition for district; contents. (a) Whenever the landowners within any proposed irrigation district, who shall be residents of the county in which such proposed irrigation district is located, shall desire the erection of such district as provided for in K.S.A. 42-357, and amendments thereto, such landowners shall cause to be presented to the board of county commissioners of such county a petition signed by not less than 3/4 of the landowners within such proposed district who are residents of such county, which petition shall define the boundaries of such irrigation district, and shall ask for the erection of such district. Such petition shall be accompanied by an outlined map or plat showing the tracts of territory to be erected into such district, together with the numbers of sections and parts of the sections of land to compose such irrigation district; and such map or plat shall contain a drawing and profile of the proposed main ditch to the source of supply, and of all other ditches and laterals proposed to be constructed or purchased for the purpose of irrigating said described lands in such proposed district.(b) Such petition shall be accompanied by an estimate, to be made by the county engineer of such county, of the probable cost of building the main ditch, ditches and laterals and all other works necessary to be built in order to furnish a sufficient supply of water to irrigate the lands in such proposed district; or the costs of reconstruction and repair of such ditches, laterals and other works in case it is proposed to purchase the same; and at any time after the filing of such petition the county commissioners may, on the written application of any 10 of such petitioners, order such county engineer to make the estimates herein provided for, and such county engineer shall receive such reasonable compensation as such board of commissioners shall allow for such work performed.History: L. 1891, ch. 133, art. 7, § 2; R.S. 1923, 42-358; L. 1929, ch. 204, § 1; L. 2011, ch. 49, § 17; July 1.
KS Stat § 42-359 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-359 Examination of petition; creation of district; form.

42-359. Examination of petition; creation of district; form. It shall be the duty of such board of county commissioners at their first regular meeting after the filing of such petition, or within thirty days thereafter, to examine such petition, make such investigation and hear such testimony as they shall deem proper, and if from the examination of such petition and such investigation and such testimony said commissioners shall find that said petition is signed by three-fourths of the owners of land within said proposed district who are residents of said county, and that the erection of such irrigation district will be beneficial to the owners of land within said district, said board of county commissioners shall make an order creating such district and designate it, "Irrigation district number ______, of __________ County, Kansas." (Inserting in the blank spaces therein the number of the district in consecutive numbers, according to the order of formation of the same in said county, and the name of said county.) Which order shall define the boundaries of said district and shall be recorded upon the journal of said board, and from thenceforth such district shall be a body corporate, having all the powers and responsibilities belonging to other public corporations created under and by virtue of the statutes of the state of Kansas, including the power of eminent domain: Provided, That nothing herein shall be so construed as to grant to such corporation power to condemn or acquire in any other manner than by purchase, any irrigation works belonging to any other person, company or corporation.History: L. 1891, ch. 133, art. 7, § 3; R.S. 1923, 42-359; L. 1929, ch. 204, § 2; March 16.
KS Stat § 42-363 (2021)
2021 Kansas Statutes|Chapter 42 - Irrigation|Article 3 - Irrigation And Irrigation Districts|42-363 Officers; term; annual election.

42-363. Officers; term; annual election. The officers of such district shall be a board of irrigation commissioners, consisting of a president, secretary and treasurer, and shall hold their offices for a period of one year. They shall be elected at an annual election to be held on the second Monday of December of each year, and shall hold their respective offices until their successors are elected and qualified. The board of county commissioners shall have power to appoint the first officers of such district, and such appointed officers shall hold their office until the next ensuing annual election, and until their successors are elected and qualified.History: L. 1891, ch. 133, art. 7, § 7; May 20; R.S. 1923, 42-363.