reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-326 Water projects environmental coordination act; definitions.

82a-326. Water projects environmental coordination act; definitions.
When used in this act:
(a) "Water development project" means any project or plan that requires a permit pursuant to K.S.A. 24-126, 24-1213, 82a-301 et seq., and amendments thereto, or the multipurpose small lakes program act;
(b) "environmental review agencies" means the:
(1) Kansas department of wildlife and parks;
(2) Kansas forest service;
(3) state biological survey;
(4) Kansas department of health and environment;
(5) state historical society;
(6) Kansas department of agriculture division of conservation; and
(7) state corporation commission.
History:
L. 1987, ch. 400, § 2; L. 1989, ch. 118, § 192; L. 1991, ch. 290, § 10; L. 1997, ch. 49, § 5; L. 2012, ch. 140, § 134; L. 2013, ch. 111, § 8; L. 2023, ch. 7, § 146; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-327 Same; review of proposed project; considerations.

82a-327.
Same; review of proposed project; considerations.
(a) Prior to approval or issuance of a permit for a proposed water development project, the permitting agency shall obtain a review of the proposed project for environmental effects by the appropriate state environmental review agencies, and shall consider their comments in determining whether to approve or issue a permit for such project. The permitting agency may condition the approval of or permit for the project in a manner to address the environmental concerns of the environmental review agencies.
(b) In reviewing a proposed water development project, the environmental review agency shall consider:
(1) The beneficial and adverse environmental effects of a proposed project on water quality, fish and wildlife, forest and natural vegetation, historic, cultural, recreational, aesthetic, agricultural and other natural resources;
(2) the means and methods to reduce adverse environmental effects of a proposed project; and
(3) alternatives to a proposed project with significant adverse environmental effects.
(c) Each environmental review agency shall send its written comments on the proposed project within 30 days of receipt of the proposal from the permitting agency.
(d) Nothing in this act shall be construed as prohibiting a permitting agency from approving or issuing a permit if an environmental review agency determines adverse environmental effects will result if the project is approved or permitted. Nothing in this act shall be construed as preempting or duplicating any existing environmental review process otherwise provided or authorized by law.
History:
L. 1987, ch. 400, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 3 - Obstructions In Streams › 82a-328 Water structures fund.

82a-328.
Water structures fund.
There is hereby created in the state treasury the water structures fund. The chief engineer of the division of water resources, Kansas department of agriculture shall remit all moneys received under K.S.A. 82a-302, 82a-303b and 24-126, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the water structures fund. All expenditures from the water structures fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person designated by the secretary.
History:
L. 2002, ch. 138, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 4 - Collection, Storage And Impounding Of Waters › 82a-405 Construction and maintenance of dams and reservoirs; tax exemption.

82a-405.
Construction and maintenance of dams and reservoirs; tax exemption.
Any landowner owning land in the state of Kansas, not within the corporate limits in any city in this state, who shall lawfully by the construction of a dam across a dry watercourse or any stream or watercourse draining an area not exceeding 10 square miles, form upon such landowner's own land one or more reservoirs, having along the axis of the dam at the lowest point in the natural bed of a stream or watercourse a depth of not less than 10 feet and a storage capacity at spillway level, including the volume of any excavation in the reservoir area below such level, of not less than five acre feet, for the collection and storage of surface water or flood detention storage, and who shall maintain such dam or dams in a condition satisfactory to the chief engineer of the division of water resources in the Kansas department of agriculture, shall be entitled to an exemption from taxes levied upon such land in the amount prescribed by K.S.A. 79-201g, and amendments thereto.
History:
L. 1941, ch. 400, § 1; L. 1957, ch. 538, § 1; L. 1959, ch. 414, § 1; L. 1965, ch. 555, § 1; L. 1968, ch. 239, § 1; L. 1975, ch. 495, § 24; L. 2004, ch. 101, § 138; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 4 - Collection, Storage And Impounding Of Waters › 82a-406 Same; approval of plans by chief engineer; construction in accordance with plans.

82a-406.
Same; approval of plans by chief engineer; construction in accordance with plans.
In order to be entitled to the tax exemption provided in K.S.A. 79-201g, the landowner must submit to the chief engineer of the division of water resources, complete plans for such dam showing the area of the drainage basin above the dam; plan, profile and cross sections of the dam and spillway; topographic map of the reservoir basin, and such other data and information as the chief engineer of the division of water resources may require, and such plans shall have the approval of the chief engineer and the dam be constructed in accordance with such plans before such exemption can be claimed.
History: L. 1941, ch. 400, § 2; L. 1975, ch. 495, § 25; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 4 - Collection, Storage And Impounding Of Waters › 82a-407 Same; tax exemption, time and procedure.

82a-407.
Same; tax exemption, time and procedure.
Upon the completion of any such dam to the satisfaction of the chief engineer of the division of water resources, said chief engineer shall certify the completion of the dam and the capacity of the reservoir, giving detailed information concerning the specific land area involved, to the county clerk or county assessor of the county in which the dam is located, who shall annually make such adjustment in the taxes levied against the land as the owner may be entitled to receive under the provisions of K.S.A. 79-201g, beginning with the first period, following the date of issue of the certificate of completion, on which taxes are regularly levied, and during the years which the landowner is entitled to such reduction.
History:
L. 1941, ch. 400, § 3; L. 1965, ch. 555, § 2; L. 1975, ch. 495, § 26; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 4 - Collection, Storage And Impounding Of Waters › 82a-408 Same; access to reservoirs when drought emergency declared; rules and regulations.

82a-408.
Same; access to reservoirs when drought emergency declared; rules and regulations.
Whenever during periods of drought, it is deemed warranted in the judgment of a majority of the board of county commissioners of any county in this state, the commissioners may by resolution, duly adopted, declare a drought emergency to exist and shall determine where surplus water supplies exist and are available in reservoirs constructed in that county under the provisions of this act and may prescribe rules and regulations for obtaining such surplus waters. The owner of any land on which such a water supply has been or may be impounded, shall, upon being notified by the board of county commissioners, permit entry upon his or her land and access to the reservoir to all persons for the purpose of obtaining water in accordance with the rules and regulations prescribed by the board of county commissioners.
History:
L. 1941, ch. 400, § 4; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 4 - Collection, Storage And Impounding Of Waters › 82a-409 Same; donation of land, easements or right-of-way; tax exemption.

82a-409.
Same; donation of land, easements or right-of-way; tax exemption.
Any landowner who, otherwise in accordance with applicable provisions of K.S.A. 82a-406 and 82a-407 and acts amendatory thereof or supplemental thereto, in connection with the erection and maintenance of one or more reservoirs for the storage of water and flood detention storage, shall donate to the state or to any of its agencies or subdivisions, land or easements or rights-of-way for such purposes, shall be entitled to an exemption from taxes levied upon the contiguous acreage owned by such landowner to the extent provided in K.S.A. 79-201g. The provisions of K.S.A. 82a-408 shall not apply to reservoirs constructed by the state, its agencies or subdivisions as provided herein.
History:
L. 1941, ch. 400, § 5; L. 1957, ch. 538, § 2; L. 1959, ch. 414, § 2; L. 1965, ch. 555, § 3; L. 1970, ch. 407, § 1; L. 1971, ch. 331, § 1; L. 1975, ch. 495, § 27; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 4 - Collection, Storage And Impounding Of Waters › 82a-410 Same; invalidity of part.

82a-410.
Same; invalidity of part.
In case any section or sections or part of any section of this act shall be found to be unconstitutional, the remainder of the act shall not thereby be invalidated but shall remain in full force and effect.
History:
L. 1941, ch. 400, § 7; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 5 - Interstate Compacts And Agreements › 82a-521 Missouri river as boundary line, when.

82a-521.
Missouri river as boundary line, when.
Upon the ratification of this act and a similar act of the state of Missouri by the congress of the United States, the center of the channel of the Missouri river, as its flow extends from its intersection with the fortieth (40th) parallel, north latitude, southward to the middle of the mouth of the Kansas or Kaw river, shall be that portion of the true and permanent boundary line between the states of Missouri and Kansas, subject only to changes which may occur by the natural processes of accretion and reliction, but not by avulsion.
History:
L. 1949, ch. 510, § 1; February 26.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 5 - Interstate Compacts And Agreements › 82a-522 Same; relinquishment of sovereignty.

82a-522.
Same; relinquishment of sovereignty.
The state of Kansas hereby relinquishes to the state of Missouri all sovereignty over all lands lying on the Missouri side of said center of the channel of the Missouri river.
History:
L. 1949, ch. 510, § 2; February 26.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 5 - Interstate Compacts And Agreements › 82a-523 Same; real estate titles.

82a-523.
Same; real estate titles.
The public record of real estate titles in the state of Missouri to any lands, the sovereignty over which is relinquished by the state of Missouri to the state of Kansas, shall be accepted as evidence of the record title to such lands, to and including the effective date of such relinquishment by the state of Missouri, by the courts of the state of Kansas.
History:
L. 1949, ch. 510, § 3; February 26.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 5 - Interstate Compacts And Agreements › 82a-524 Same; pending litigation.

82a-524.
Same; pending litigation.
Nothing in this act shall be deemed or construed to affect any litigation pending in the courts of the state of Missouri at the time of ratification of this act by congress concerning the title to any of the lands, sovereignty over which is relinguished by the state of Missouri to the state of Kansas, and any matter then in litigation concerning the title to the lands, sovereignty over which is relinquished by the state of Missouri to the state of Kansas, shall be continued in the courts of the state of Missouri until a final determination thereof, and such final determination shall be given full faith and credits by the courts of the state of Kansas.
History:
L. 1949, ch. 510, § 4; February 26.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 5 - Interstate Compacts And Agreements › 82a-525 Same; taxes lawfully imposed by Missouri.

82a-525.
Same; taxes lawfully imposed by Missouri.
The lands, sovereignty over which is relinquished by the state of Missouri to the state of Kansas, upon which taxes have been lawfully imposed by the state of Missouri during the preceding year, shall not thereafter be subject to the imposition of taxes in the state of Kansas until the next succeeding year.
History:
L. 1949, ch. 510, § 5; February 26.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 5 - Interstate Compacts And Agreements › 82a-526 Same; when sovereignty relinquished and assumed.

82a-526.
Same; when sovereignty relinquished and assumed.
The effective date of the relinquishment of sovereignty over the lands described in this act shall be midnight of the effective date of a resolution or an act of congress approving the respective relinquishment of sovereignty by the states of Missouri and Kansas. Thereupon, the state of Kansas shall assume and accept sovereignty over all lands lying on the Kansas side of the center of said channel of the Missouri river which is so relinquished by the state of Missouri.
History:
L. 1949, ch. 510, § 6; February 26.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 5 - Interstate Compacts And Agreements › 82a-527 Same; act void unless similar Missouri act enacted.

82a-527.
Same; act void unless similar Missouri act enacted.
This act shall be inoperative unless and until a similar act relinquishing to the state of Kansas all claim of sovereignty over lands lying on the Kansas side of the center of the channel of the Missouri river is enacted into law by the legislature of the state of Missouri, and should no such act be so enacted into law by the legislature of the state of Missouri within two years from the effective date of this act, then this act shall be considered for all purposes to be void.
History: L. 1949, ch. 510, § 7; February 26.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 5 - Interstate Compacts And Agreements › 82a-527b Same; effective date.

82a-527b.
Same; effective date.
The effective date of the description of the true and permanent boundary line between the states of Missouri and Kansas as set forth in K.S.A. 82a-527a shall be midnight of the effective date of a resolution or an act of congress approving the acts of the states of Missouri and Kansas establishing the survey described in K.S.A. 82a-527a as the true and permanent boundary.
History:
L. 1980, ch. 330, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-601 Rural water-supply districts; organization; duties of board of county commissioners.

82a-601.
Rural water-supply districts; organization; duties of board of county commissioners.
Subject to the provisions of K.S.A. 19-270, the board of county commissioners of each county in this state shall have power and it shall be their duty upon a proper petition being presented, to incorporate and organize rural water-supply districts within their respective counties in the manner hereinafter provided.
History:
L. 1941, ch. 7, § 1; L. 1986, ch. 70, § 43; May 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-602 Petition for organization of water-supply district.

82a-602.
Petition for organization of water-supply district.
Any two or more owners of adjacent lands within any county may file with the county clerk a petition addressed to the board of county commissioners praying for the incorporation of a water-supply district. The petition shall (1) describe by section, or fraction thereof, and by township and range the location of lands owned by the petitioners and desired to be incorporated into the proposed water-supply district and shall state (2) that such lands are without an adequate water supply; (3) that the construction of dams, wells or other works are necessary to develop an adequate water supply, and (4) that such improvement or works will be conducive to and will promote the public health, convenience and welfare.
History: L. 1941, ch. 7, § 2; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-602a Rural water-supply districts; inclusion of land located in other benefit districts.

82a-602a.
Rural water-supply districts; inclusion of land located in other benefit districts.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any rural water district created pursuant to K.S.A. 82a-601 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a rural water district.
History:
L. 1997, ch. 143, § 7; May 8.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-603 Time fixed for consideration of petition.

82a-603.
Time fixed for consideration of petition.
Whenever a petition as provided in the preceding section is filed with the county clerk, the county clerk shall thereupon give notice to the county commissioners of the filing and pendency of such petition and the county commissioners shall forthwith fix a time within 30 days from date of filing of the petition, for a hearing of the same and the county clerk shall at least seven days before date fixed for such hearing, give or send by mail, written notice thereof to each of the petitioners, and shall transmit to the chief engineer of the division of water resources, Kansas department of agriculture, one copy of the petition and notice of the date set for its consideration.
History:
L. 1941, ch. 7, § 3; L. 2004, ch. 101, § 139; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-604 Consideration of petition by county commissioners.

82a-604.
Consideration of petition by county commissioners.
At the time set for the hearing and consideration of the petition as provided in the preceding section, it shall be the duty of the board of county commissioners to ascertain (1) whether proper notice of the hearing has been given to the signers of the petition and the chief engineer as required by this act; (2) whether lands described in the petition are without an adequate water supply; (3) whether the construction of dams, wells or other works are necessary to develop an adequate water supply; (4) whether such improvements or works will be conducive to and will tend to promote the public health, convenience and welfare. If upon such consideration it shall be found that such petition is in conformity with the requirements of this act, the board of county commissioners shall thereupon immediately declare the land described in the petition to constitute a quasi-municipal corporation and the petitioners therein to be incorporated as a water-supply district under the name of "Rural Water-supply District No. ______, ______________ County, Kansas," (inserting number in order of incorporation and name of county) and thereupon shall enter upon its records full minutes of such hearing together with declaration that henceforth all land in said district and the owners thereof and their successors shall constitute a body politic and corporate under said corporate name for the purposes of this act.
History:
L. 1941, ch. 7, § 4; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-605 Government of district.

82a-605.
Government of district.
The owners of land within said district shall constitute the governing body of each water-supply district incorporated under this act within their respective counties and shall constitute a board of directors who shall immediately following the granting of incorporation by the board of county commissioners, meet in the office of the county clerk and select from their number a president. The county clerk and county treasurer shall respectively act and perform the required duties of a secretary and treasurer for said district. It shall be the duty of the secretary to cause an entry to be made upon its records showing all of its minutes, decisions and orders made pursuant to the provisions of this act.
History:
L. 1941, ch. 7, § 5; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-606 Powers of water-supply districts.

82a-606.
Powers of water-supply districts.
Every water-supply district incorporated under this act shall have perpetual succession, subject to dissolution as provided by this act; shall be empowered to sue and be sued; shall be capable of contracting and being contracted with; shall be authorized and empowered to hold such real and personal property as may come into its possession by will, gift, purchase or otherwise as authorized by law; shall have power to construct, install, maintain and operate such dams, wells and other works and such appurtenant structures and equipment as may be necessary to carry out the purposes of its organization and shall have power to issue bonds to defray the cost of such improvements and to levy special assessments and taxes to pay the bonds or defray the cost of the improvements or any part thereof, and the cost of maintenance of such works as hereinafter provided.
History:
L. 1941, ch. 7, § 6; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-607 Employment of labor and services.

82a-607.
Employment of labor and services.
The board of directors of any such district in this state acting in its capacity as the governing body of water-supply districts within their respective counties, may employ such common and skilled labor, and professional and other services as may be necessary to the proper performance of such work or improvement as is proposed to be done within any such district in the county, and the maintenance thereof.
History:
L. 1941, ch. 7, § 7; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-608 Assessment of benefits and costs.

82a-608.
Assessment of benefits and costs.
Plans, specifications, estimates of cost and amount of benefits to each tract in such district for any proposed improvement authorized by this act shall be filed with the chief engineer of the division of water resources and with the secretary of the water-supply district, and the total benefits of any such improvement shall be divided into a suitable number of units of which each landowner within the district shall subscribe to the number of such units in proportion to the extent he or she desires to participate in the benefits of the improvements. All costs in connection with the construction of such improvement shall be assessed to such landowners in proportion to benefits subscribed for and each landowner's share of the benefits of such improvement shall thereafter be in that proportion.
History:
L. 1941, ch. 7, § 8; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-609 Payment of costs.

82a-609.
Payment of costs.
The board of directors of any water-supply district as provided shall have power to cause to be constructed within such district such works as are authorized by this act and to issue bonds to pay the cost thereof, the outstanding amount at any time of such bonds not exceeding ten percent of the assessed valuation of all taxable lands and improvements within the district as shown by the assessment and tax rolls of the preceding year, and such bonds to be paid by a special assessment levied upon taxable lands and improvements of landowners within the district, and assessed in proportion to the benefit units subscribed to by each landowner as provided in the next preceding section.
History:
L. 1941, ch. 7, § 9; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-610 Operations and maintenance of improvements.

82a-610.
Operations and maintenance of improvements.
The officers of the board of directors shall hold their office for a period of one year, and thereafter at the pleasure of the board of directors until a successor is elected; it shall be the duty of the president of said board of directors to keep in repair such works as are constructed by the district as authorized in this act and to operate such works, all as directed by said board. The president and all persons who may perform any service or labor as provided herein shall be paid such just and reasonable compensation as may be allowed by the board of directors and said board may annually levy such amount as in its judgment is necessary to properly maintain and operate such works and assess such amount against landowners within the district in the same proportion and manner as provided in the preceding section, and it shall not be required to publish its budget prior to hearing thereon, provided all directors approve and sign said budget.
History:
L. 1941, ch. 7, § 10; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-611 Dissolution.

82a-611.
Dissolution.
Whenever a petition signed by three-fourths of the landowners in any water-supply district organized under provisions of this act, and acts amendatory and supplemental thereto, is presented to the board of county commissioners of the county wherein said district is located, and it shall appear from said petition that said district owns no property of any kind, exclusive of records, maps, plans and files; that all of its debts and obligations have been fully paid; that the board of directors have not held a meeting for more than one year prior to the date of signing said petition; that the district is not functioning, and will probably continue to be inoperative, the board of county commissioners shall after such finding issue a certificate stating the allegations in said petition as true and declaring said water-supply district dissolved, and shall make full minutes of such hearing in its journal and deliver said certificate to the secretary of said district. The secretary of said district shall within thirty days thereafter deliver all records, maps, plans and files to the county clerk, and thereupon said district shall be dissolved.
History:
L. 1941, ch. 7, § 11; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-612 Definitions.

82a-612. Definitions.
As used in this act, unless the context clearly requires otherwise:
(a) "District" means a rural water district organized pursuant to this act;
(b) "board" means the governing body of a district;
(c) the terms "board of county commissioners" and "county clerk" shall mean, respectively, the board of county commissioners and county clerk of the county in which the greatest portion of the territory of any existing or proposed rural water district is located;
(d) "participating member" means an individual, firm, partnership, association or corporation and:
(1) Which has subscribed to one or more benefit units of such district; or
(2) which is charged a franchise fee for water service which is paid, either directly or indirectly through another water provider, to such district;
(e) "chief engineer" means the chief engineer of the division of water resources, Kansas department of agriculture.
History:
L. 1957, ch. 540, § 1; L. 2004, ch. 101, § 140; L. 2010, ch. 15, § 4; L. 2012, ch. 27, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-613 Rural water districts; organization; duties of board of county commissioners.

82a-613.
Rural water districts; organization; duties of board of county commissioners.
Subject to the provisions of K.S.A. 19-270, the board of county commissioners of each county in this state shall have power and it shall be their duty, upon a proper petition being presented, to incorporate and organize rural water districts in the manner hereinafter provided.
History:
L. 1957, ch. 540, § 2; L. 1986, ch. 70, § 44; May 15.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-614 Petition for organization; contents.

82a-614.
Petition for organization; contents.
A petition addressed to the board of county commissioners may be filed with the county clerk, praying for the incorporation of a district. Such petition shall be signed by at least fifty percent (50%) of the owners of land within the proposed district, or signed on behalf of the owners of land within the proposed district when such petition is accompanied by a request for petitioning signed by at least fifty percent (50%) of the owners of land within the proposed district. The number of owners of land in the proposed district shall be determined by an enumeration of said owners of land, taken from the tax rolls of the county in which lands of the proposed district are located, and verified by one of said landowners or the attorney filing same, duly attached to and made a part of said petition: Provided, That for purposes of determining the number of owners of land in the district the tax rolls of the county shall be prima facie evidence of title and of the name and address of the owners of land within said proposed district. The petition shall (1) define by metes and bounds the boundaries of the proposed district and shall state (2) that the lands within such boundaries are without an adequate water supply; (3) that the construction and maintenance of ponds or reservoirs or pipelines or wells or check dams or pumping installation, or any other facility for water storage, transportation or utilization, or that the construction and maintenance of any combination of said projects is necessary for the improvement of the community, and (4) that such improvement or works shall be conducive to and will promote the public health, convenience and welfare.
History: L. 1957, ch. 540, § 3; L. 1963, ch. 512, § 1; L. 1965, ch. 556, § 1; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-614a Rural water districts; inclusion of land located in other benefit districts.

82a-614a.
Rural water districts; inclusion of land located in other benefit districts.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any rural water district created pursuant to K.S.A. 82a-612 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a rural water district.
History:
L. 1997, ch. 143, § 8; May 8.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-615 Time for hearing petition; election of director; bylaws; notice of hearing.

82a-615.
Time for hearing petition; election of director; bylaws; notice of hearing.
Whenever a petition as provided in the preceding section is filed with the county clerk, the clerk shall give notice to the county commissioners of the filing of the petition. The county commissioners shall forthwith fix a time and place within 30 days from date of filing of the petition for a hearing of the same. In addition, the county commissioners, with the advice of the petitioners shall forthwith fix a time and place of landowners meeting, immediately after the hearing, for the purpose of electing directors and a time and place within seven days from the date of the hearing for a meeting of the landowners for the purpose of adopting bylaws for the district. The county clerk, at least seven days before the date fixed for the hearing shall mail written notice of the times and places of the hearing and the landowners meetings to each of the petitioners. The county clerk shall transmit to the chief engineer one copy of the petition and notice of the time and place of the hearing thereon. The county clerk shall also cause to be published once each week for two consecutive weeks in the official county newspaper a notice entitled, "Notice of hearing of petition to incorporate and organize a rural water district in the vicinity of ______________, __________ county, Kansas," (inserting word or words descriptive of vicinity and name of county). The last publication of the notice shall be not later than seven days before the date set for the hearing. The published notice shall (1) define by metes and bounds the boundaries of the proposed district; (2) state the time and place of hearing; (3) state that all owners of land within such boundaries may appear and be heard; (4) state that a rural water district, if incorporated, shall have no power or authority to levy any taxes whatsoever; (5) state the time and place of the meeting of the landowners for the purpose of electing directors; and (6) state the time and place of the meeting of the landowners for the purpose of adopting bylaws for the district.
History:
L. 1957, ch. 540, § 4; L. 1963, ch. 512, § 1a; L. 1965, ch. 556, § 2; L. 1981, ch. 173, § 82; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-616 Consideration of petitions; findings; incorporation, when.

82a-616.
Consideration of petitions; findings; incorporation, when.
(a) At the time and place set for the hearing and consideration of the petition, it shall be the duty of the board of county commissioners to ascertain (1) whether proper notice of the hearing has been given to the persons and in the manner provided by K.S.A. 82a-615; (2) whether lands within the area defined in the petition are without an adequate water supply; (3) whether the construction and maintenance of ponds, or reservoirs, pipelines or wells or check dams or pumping installation or any other facility for the storage, transportation or utilization of water, of the construction and maintenance of any combination of said proposed projects are necessary for the improvement of the community: Provided, The county commissioners shall make no affirmative finding that any proposed project is necessary if the construction and maintenance of said project would encourage the cultivation of lands which are submarginal and which should be devoted to other uses in the public interest; (4) whether such improvements or works will be conducive to and will tend to promote the public health, convenience and welfare. If upon such consideration it shall be found that such petition is in conformity with the requirements of this act, the board of county commissioners shall thereupon immediately declare either the district within the boundaries defined in the petition or a district contained within such boundaries as described by such board to constitute a quasi-municipal corporation and to be incorporated as a rural water district under the name of "rural water district No. ______, ______________ county, Kansas," (inserting number in order of incorporation and name of county) and thereupon shall enter upon its records full minutes of such hearing, together with declaration that thenceforth said district shall constitute a body politic and corporate under said corporate name for the purposes of this act.
(b) Any district heretofore declared and incorporated by the board of county commissioners pursuant to a petition presented under this section, the boundaries of which fall within the boundaries as proposed in said petition but which are not congruent therewith, is hereby ratified and declared to be a lawfully incorporated and existing district.
History:
L. 1957, ch. 540, § 5; L. 1963, ch. 512, § 2; L. 1965, ch. 556, § 3; L. 1976, ch. 437, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-617 Board of directors; qualifications; election; bylaws; adoption.

82a-617.
Board of directors; qualifications; election; bylaws; adoption.
Immediately following the granting of incorporation by the board of county commissioners, and at the time and place set out in the notice of hearing, the owners of land within any such district shall select from their number a board of directors. The number of members on said board, not to exceed nine (9), shall be determined by majority vote of those owners of land present: Provided, Any original director who shall fail to subscribe to one (1) or more benefit units and pay the established unit fee for each unit to which he or she subscribes within thirty (30) days after entry in the minutes of the board of a declaration of availability of such benefit units for subscription, shall forfeit his or her office. Within seven (7) days after the election of the original board, proposed bylaws shall be submitted for adoption at a meeting of owners of land located within the district, notice of which shall be given to each such landowner as provided in K.S.A. 82a-615. Those owners of land located within the district present at such special meeting may adopt and amend any of such proposed bylaws and may propose and adopt additional or other bylaws. Such bylaws may be amended at any annual or special meeting of the participating members of the district.
History:
L. 1957, ch. 540, § 6; L. 1965, ch. 556, § 4; June 30.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-618 Board; governing body of district; meetings; vacancies; rules and regulations; duties of secretary.

82a-618.
Board; governing body of district; meetings; vacancies; rules and regulations; duties of secretary.
The board shall be the governing body of the district and shall meet annually on the same day the annual meeting of participating members of the district is held pursuant to K.S.A. 82a-626, and such annual meeting of the board of directors shall follow the annual meeting of participating members and at such other times as may be determined by the board or upon call by the chairman or any two (2) members of the board. Vacancies on the board shall be filled for the unexpired term, and until such appointee's successor is elected and has qualified, by appointment by the remaining members of the board. The board shall adopt such rules and regulations in conformity with the provisions of this act and the bylaws of the district as are deemed necessary for the conduct of the business of the district. It shall be the duty of the secretary to cause an entry to be made upon its records showing all of its minutes, decisions and orders made purusant to the provisions of this act.
History:
L. 1957, ch. 540, § 7; L. 1963, ch. 512, § 3; April 22.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-619b Same; alteration of location of pipelines on easements; costs.

82a-619b.
Same; alteration of location of pipelines on easements; costs.
(a) Prior to the installation of any water pipeline or appurtenant facility upon any easement or right-of-way granted to any rural water district, the board of directors or its designee shall advise the grantor or his or her local agent of such easement or right-of-way as to the exact location of the proposed installation. If a revision of such location is requested by the grantor, the board or its designee shall offer to negotiate with the grantor for the relocation of the proposed installation to the grantor's satisfaction. Any additional cost incurred by the district as a result of altering the location of the installation shall be borne by the party requesting the alteration.
(b) The terms used in this section shall have the meanings respectively ascribed thereto by K.S.A. 82a-612.
History:
L. 1976, ch. 436, § 1; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-620 Same; employment of labor and services.

82a-620.
Same; employment of labor and services.
The board of any such district in this state acting in its capacity as the governing body may employ such common and skilled labor, and professional and other services, as may be necessary to the proper performance of such work or improvement as is proposed to be done within any such district, and the maintenance thereof.
History:
L. 1957, ch. 540, § 9; June 29.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-621 Filings with chief engineer and secretary of district; benefit units; subscription to units; use of proceeds from units; sale of water; reinstatement of benefit unit, when.

82a-621. Filings with chief engineer and secretary of district; benefit units; subscription to units; use of proceeds from units; sale of water; reinstatement of benefit unit, when.
(a) Plans, specifications, proposed operating budget, schedules of unit fees and benefit units, rules and regulations and estimates of cost for any authorized proposed improvement shall be filed with the chief engineer and with the secretary of the district. The total benefits of any such improvement shall be divided into a suitable number of benefit units. Each landowner within the district shall subscribe to a number of such units in proportion to the extent such landowner desires to participate in the benefits of the improvements.
(b) Upon determining a schedule of benefit units and unit fees, the board shall cause a declaration of availability of such units for subscription to be entered in the board's minutes. Any individual, firm, partnership, association or corporation that fails to become a participating member within 90 days after such declaration shall not be qualified to hold office as a director, participate at any meeting or vote at any election held thereafter unless such individual, firm, partnership, association or corporation shall thereafter become a participating member.
(c) As long as the capacity of the district's facilities permits, participating members of the district may subscribe to additional units upon payment of a unit fee for each such unit. Owners of land located within the district who are not participating members may subscribe to such units as the board in its discretion may grant, and upon payment of the unit fee for each such unit shall be entitled to the same rights as original participating members. Proceeds realized from benefit units may be accumulated and used by the district for any lawful purpose, including but not limited to, construction, expansion and improvement of the district's water producing and water transportation facilities.
(d) As long as the capacity of the district's facilities permits, the board of a district shall reinstate any benefit unit forfeited for nonpayment of fees and charges upon payment of:
(1) All fees and charges due to the district in addition to any fees and charges that would have accrued since the date of forfeiture; and
(2) a benefit unit reinstatement fee which shall not exceed 20% of the district's current new benefit unit fee.
(e) If the capacity of the district's facilities permits, the district may sell water to persons engaged in hauling water and to any municipal, quasi-municipal or nonprofit corporation organized for any purpose consistent with that for which the district was organized.
History:
L. 1957, ch. 540, § 10; L. 1959, ch. 415, § 2; L. 1963, ch. 512, § 5; L. 1965, ch. 556, § 5; L. 1974, ch. 450, § 1; L. 1979, ch. 332, § 1; L. 2017, ch. 46, § 2; L. 2019, ch. 38, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-622 Attachment of adjoining lands, when; petition, contents.

82a-622.
Attachment of adjoining lands, when; petition, contents.
A petition addressed to the county commissioners may be filed with the county clerk, praying for the attachment, to an existing district, of lands outside the district which can be economically served by the facilities of the district. Said petition for attachment shall be signed by at least fifty percent (50%) of the owners of land within the area or signed on behalf of the owners of land within the area when such petition is accompanied by a request for petitioning signed by at least fifty percent (50%) of the owners of land within the area. The number of owners of land in the area shall be determined by an enumeration of said owners of land, taken from the tax rolls of the county in which lands are located, and verified by one of said landowners or the attorney filing same, duly attached to and made a part of said petition. For purposes of determining the number of owners of land in the area the tax rolls of the county shall be prima facie evidence of title and the name and address of the owners of land within said area. The petition shall (1) define by metes and bounds the boundaries of lands requested to be attached to the district, and shall state (2) the name of the district to which attachment is desired; (3) that such lands are without an adequate water supply; and (4) that attachment to said district will be conducive to and will promote the public health, convenience and welfare.
History:
L. 1957, ch. 540, § 11; L. 1959, ch. 415, § 3; L. 1963, ch. 512, § 6; L. 1965, ch. 556; L. 1978, ch. 432, § 1; L. 1980, ch. 331, § 1; April 23.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 6 - Water Districts › 82a-623 Attachment of adjoining land to water district; procedure; notice and hearing upon petition.

82a-623.
Attachment of adjoining land to water district; procedure; notice and hearing upon petition.
Subject to the provisions of K.S.A. 19-270, and amendments thereto, the county clerk shall give notice to the county commissioners of the filing of the petition for attachment. The board of county commissioners shall fix a time and place, within 30 days from the date of the filing of the petition, for a hearing on the same. The county clerk, at least seven days before the date fixed for the hearing, shall send by first class mail to each owner of land within the area sought to be attached a copy of the petition for attachment, and a copy of the notice fixing the time and place of hearing on the petition. The owners of land within the area sought to be attached shall be determined by an enumeration of landowners taken from the tax rolls of the county in which the land is located. If the petition for attachment is accompanied by a verified statement by one of the owners of land within the area sought to be attached, or the attorney for the petitioner, that the owners of all of the land within the area sought to be attached have signed the petition for attachment, a copy of the petition for attachment shall not be sent to the owners of land sought to be attached. The clerk shall send by first class mail a copy of the petition for attachment and a copy of the notice fixing the time and place of hearing on the petition to the office of the water district to which attachment is sought. The clerk also shall transmit to the chief engineer a copy of the petition for attachment and a copy of the notice fixing the time and place of hearing thereon.
History:
L. 1957, ch. 540, § 12; L. 1965, ch. 556, § 7; L. 1980, ch. 331, § 2; L. 1986, ch. 70, § 45; L. 1997, ch. 143, § 2; May 8.