reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-398 Entry upon premises by officers.

42-398.
Entry upon premises by officers.
Any water bailiff, the county commissioners, road overseers and city officers, within their respective counties, districts, cities and towns, upon complaint of any person concerning any artesian well, that the person controlling the same is wont to suffer the waters thereof to unnecessarily run to waste therefrom, or has in any respect violated this act, may at any reasonable hour of the day or night enter upon any premises where such well is situated, for inspecting the same, and for ascertaining whether there is sufficient cause for such complaint, and in order to institute or cause to be instituted criminal prosecutions for any violation of this act. And every person sinking or boring for an artesian well upon his own land, or suffering others so to do, shall be deemed in law to expressly license such entry of the officers aforenamed, or any of them, for the purpose of such inspection and examination.
History:
L. 1891, ch. 133, art. 8, § 10; May 20; R.S. 1923, 42-398.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-399 Unlawful acts affecting artesian well; penalty.

42-399.
Unlawful acts affecting artesian well; penalty.
If any person in charge of the work of sinking or boring an artesian well shall fail, neglect or refuse to keep a record thereof as required by this act, or shall fail, refuse or neglect to set forth therein as nearly as may be any of the matters or things hereby required to be set down in such record; or, being the proprietor of such well hereafter sunk or bored, or proprietor of or entitled to the waters of any such well heretofore sunk or bored, shall fail or refuse to make and record the certificate required by this act, or shall willfully and knowingly insert in such record or in such certificate any false statement touching any such matter, or shall cause or procure, or knowingly permit, suffer or connive at such omission or false statement; or, being the proprietor of or controlling any artesian well, shall suffer the same to flow without causing it to be furnished with such appliances as hereby required for arresting and preventing the flow of water therefrom; or who, being the proprietor of or controlling such well, shall knowingly permit the water thereof to flow or waste unnecessarily, and to the injury of others; or, being in possession of or controlling the premises where such well is situated, shall willfully prevent any water bailiff, county commissioner, road overseer or city officer entitled by this act to visit and inspect the same from so doing, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding one hundred dollars, or imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment, in the discretion of the court wherein conviction is had.
History:
L. 1891, ch. 133, art. 8, § 11; May 20; R.S. 1923, 42-399.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,100 Closing head gates for failure to construct rating flume or measuring device.

42-3,100.
Closing head gates for failure to construct rating flume or measuring device.
If the proprietors of any ditch, canal, conduit or other works for diverting the water from any natural source shall fail or refuse to construct therein such rating flume or measuring device as is by this act required, any authorized officer may close the head gate of such canal, ditch, conduit or other works, and prevent water flowing therein until such rating flume or measuring device shall have been constructed and placed in such works.
History:
L. 1891, ch. 133, art. 8, § 12; May 20; R.S. 1923, 42-3,100.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,101 Penalty for failure to construct devices, or to lock head gate and deliver key, or to maintain such devices.

42-3,101.
Penalty for failure to construct devices, or to lock head gate and deliver key, or to maintain such devices.
Any person, association or corporation who, being the owner of or controlling any ditch, conduit or other works for diverting water from any natural source, shall fail or neglect to construct therein such head gate for excluding the water therefrom and regulating the flow therein, or such rating flume or measuring device for rating or measuring the flow of water therein and determining the capacity thereof, as required by this act, or such waste gate and tailrace when thereunto lawfully required in pursuance thereof, or to maintain any such structure in good repair and condition, or to renew and replace the same whenever thereunto required, or to put and keep upon such head gate a suitable keyed device or lock, or to deliver the key thereof to the proper officer upon demand, shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of not less than ten dollars and not exceeding three hundred dollars, in the discretion of the court wherein conviction shall be had.
History:
L. 1891, ch. 133, art. 8, § 13; May 20; R.S. 1923, 42-3,101.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,103 Inspection of works; condemnation and abatement.

42-3,103.
Inspection of works; condemnation and abatement.
Every dam and embankment, flume, aqueduct and other conduit now or hereafter constructed in this state for the purpose of collecting, holding, storing, impounding, carrying or raising the level of any water for industrial or domestic uses, within the limits prescribed by this act, shall be subject at all times to inspection by the authority of law, and may be condemned and abated, with or without compensation therefor, where and when the public safety may require, and as may be just and proper in any case.
History:
L. 1891, ch. 133, art. 8, § 15; May 20; R.S. 1923, 42-3,103.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,104 Damage liability for negligent or unlawful construction of work; penalty for unlawful act.

42-3,104.
Damage liability for negligent or unlawful construction of work; penalty for unlawful act.
Every person who, as owner, agent, contractor or manager, shall build, construct, operate or maintain any such dam or embankment, flume, aqueduct or other conduit in such manner that by reason of the willful or negligent disregard by such person of the requirements of this act, or by failure to use due caution, care and diligence in the building, construction, operation or maintenance thereof, any other person shall be injured, damaged, or put in jeopardy, either as to person or property, or both, shall be liable for all damages caused by or resulting from such willful or negligent conduct, and may be punished upon conviction by fine in any sum not less than $25 nor more than $5,000, or imprisonment not exceeding a term of three years in the custody of the secretary of corrections or both such fine and imprisonment, in the discretion of the court wherein such conviction shall be had. If loss of human life be caused or occasioned by any such willful or negligent conduct, the person so offending shall be amenable to all the laws and subject to all the penalties provided by the statutes of the state of Kansas in respect of unlawfully, maliciously, willfully or negligently causing the death of any person.
History:
L. 1891, ch. 133, art. 8, § 16; R.S. 1923, 42-3,104; L. 1990, ch. 309, § 31; May 24.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,105 Complaint by person fearing injury or damage.

42-3,105.
Complaint by person fearing injury or damage.
Any person having reason to believe and believing that any such dam, embankment, flume, aqueduct or other conduit is or will be unsafe for the purposes for which it is designed or used, and fearing injury or damage to his person or property, or to the person or property of any other person in his charge or under his care or control, may file with the county attorney of the county wherein the dam, embankment or other designated works is wholly or in part situate, his verified information touching the matter, and such county attorney shall thereupon proceed as in other matters brought on information in any district court.
History:
L. 1891, ch. 133, art. 8, § 17; May 20; R.S. 1923, 42-3,105.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,106 Same; orders of district court; injunction; costs.

42-3,106.
Same; orders of district court; injunction; costs.
In the trial of any such case, the district court having jurisdiction thereof shall make such orders, rulings and awards as shall appear just, necessary and proper, and may enjoin the completion, further construction or further use of any such dam or other designated works, if the public welfare or noncompliance with any provision of the statutes of the state shall require it, and may compel such alteration therein and in the method of constructing the same as shall be in accordance with law and necessary to the safety and welfare of any and all parties concerned, and if such proceeding shall prove to have been necessary or expedient, and in furtherance of justice, the costs thereof shall be adjudged against the defendant; but if such proceeding shall prove to have been groundless and without justification, then the costs thereof shall be taxed against the person at whose instance said action was brought.
History:
L. 1891, ch. 133, art. 8, § 18; May 20; R.S. 1923, 42-3,106.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,107 Abatement of structure as nuisance by sheriff; costs.

42-3,107.
Abatement of structure as nuisance by sheriff; costs.
It may be a part of the judgment in any such case that the structure in question be abated as a nuisance by the sheriff of the county wherein the structure may be, and the cost of such abatement shall be taxed by the court and judgment therefore given against the defendant.
History:
L. 1891, ch. 133, art. 8, § 19; May 20; R.S. 1923, 42-3,107.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,108 Same; payment of costs.

42-3,108.
Same; payment of costs.
In case execution for such costs be returned unsatisfied, the same shall be paid by the board of county commissioners of the county wherein the work was constructed; or, if the same was situate in two or more counties, then by the boards of commissioners of such counties, in ratable proportion as the court wherein conviction is had may direct.
History:
L. 1891, ch. 133, art. 8, § 20; May 20; R.S. 1923, 42-3,108.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,110 False swearing.

42-3,110.
False swearing.
Any person guilty of willful false swearing to any statement as by this act required shall be deemed guilty of perjury, and punished accordingly.
History:
L. 1891, ch. 133, art. 8, § 23; May 20; R.S. 1923, 42-3,110.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 3 - Irrigation And Irrigation Districts › 42-3,111 Civil liability of officers.

42-3,111.
Civil liability of officers.
No officer in the discharge of his duties under this act shall be liable to any civil action for any act or omission in the administration of the duties of his office, unless it shall manifestly appear that such officer, in such act or omission, was guilty of corruption, malice, or willful oppression.
History:
L. 1891, ch. 133, art. 8, § 24; May 20; R.S. 1923, 42-3,111.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 6 - Miscellaneous Provisions › 42-610 Greeley county.

42-610.
Greeley county.
Laws 1917, chapter 149, section 1, included by reference. ["An act requiring the conveyance of certain land owned by the state in Greeley county, Kansas."]
History:
R.S. 1923, 42-610.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 6 - Miscellaneous Provisions › 42-611 Hamilton county.

42-611.
Hamilton county.
Laws 1917, chapter 150, section 1, included by reference. ["An act requiring the conveyance of certain land owned by the state in Hamilton county, Kansas."]
History:
R.S. 1923, 42-611.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 6 - Miscellaneous Provisions › 42-612 Lane county.

42-612.
Lane county.
Laws 1917, chapter 151, section 1, included by reference. ["An act requiring the conveyance of certain land owned by the state in Lane county, Kansas."]
History:
R.S. 1923, 42-612.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 6 - Miscellaneous Provisions › 42-613 Wichita county.

42-613.
Wichita county.
Laws 1917, chapter 152, section 1, included by reference. ["An act requiring the conveyance of certain land owned by the state in Wichita county, Kansas."]
History:
R.S. 1923, 42-613.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 6 - Miscellaneous Provisions › 42-614 Ford county.

42-614.
Ford county.
Laws 1919, chapter 168, section 1, included by reference. ["An act authorizing the conveyance by the state of Kansas to the county of Ford, in the state of Kansas, certain real estate therein described, situated within the county of Ford."]
History:
R.S. 1923, 42-614.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 6 - Miscellaneous Provisions › 42-615 Sale of state irrigation farm in Scott county.

42-615.
Sale of state irrigation farm in Scott county.
Laws 1921, chapter 278, included by reference. ["An act providing for the sale of the state irrigation farm in Scott county."]
History:
R.S. 1923, 42-615.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 6 - Miscellaneous Provisions › 42-616 Disposal of state irrigation property in Wallace county.

42-616.
Disposal of state irrigation property in Wallace county.
Laws 1921, chapter 279, included by reference. ["An act providing for the sale of all improvements placed on the state irrigation farm in Wallace county by the state of Kansas, and authorizing the governor to deed the land to the original owner."]
History:
R.S. 1923, 42-616.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 6 - Miscellaneous Provisions › 42-617 Sale of irrigation farm at Selkirk.

42-617.
Sale of irrigation farm at Selkirk.
That the governor of the state is hereby directed, within thirty (30) days after the taking effect of this act, to execute a deed in behalf of the state of Kansas, conveying to the board of county commissioners in Wichita county, Kansas, the tract of land in the southwest quarter (S.W. 1/4) of section nineteen (19), township eighteen (18), range thirty-eight (38) west, of the 6th principal meridian, described as follows:
Beginning at the southwest corner of said section nineteen (19), thence north along the boundary of said section nineteen (19), seventeen and thirteen one hundredths (17.13) chains to the right of way of the Missouri Pacific railroad, thence in a northeasterly direction along the south line of said right of way twenty-one and thirty-seven one hundredths (21.37) chains, thence south twenty-one (21) chains to the south line of said section nineteen (19), thence west along the south line of said section nineteen (19) to the place of beginning, containing forty (40) acres, more or less, in Wichita county, Kansas, together with all improvements placed thereon by the state of Kansas. The same being land owned by the state for irrigation demonstration purposes and no longer used by the state for such purposes.
History: L. 1921, ch. 280, §§ 1–7; R.S. 1923, 42-617; L. 1925, ch. 268, § 1; March 9.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 6 - Miscellaneous Provisions › 42-618 Sale of state irrigation property in Scott, Wichita and Wallace counties.

42-618.
Sale of state irrigation property in Scott, Wichita and Wallace counties.
Laws 1921, chapter 281, included by reference. ["An act providing for the sale of the farm machinery and other personal property at the three state irrigation farms in Scott, Wichita and Wallace counties."]
History:
R.S. 1923, 42-618.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-702 Powers and duties of chief engineer; expenses; bond or deposit for costs.

42-702.
Powers and duties of chief engineer; expenses; bond or deposit for costs.
The chief engineer of the division of water resources shall have the power to grant, reject or withhold approval of the application of the proposed irrigation district and the accompanying maps and other information submitted, or may incorporate in and make a part of his approval and permit, such conditions, regulations and restrictions as may be deemed by him advisable, or may require the submission of additional data or information if deemed pertinent or essential. If such application is denied and rejected the chief engineer shall state his reasons therefor.
All expenses incurred by the chief engineer, and representatives of his office under his direction, exclusive of salaries, in the investigation, inspection and consideration of application of the proposed irrigation district, and its proposed project, shall be certified to and paid by the district, if established, and in event that proposed district is not incorporated and established, then the certified expenses of the chief engineer and his office force as aforesaid shall be paid by the parties signing the application. The chief engineer shall have authority to require bond or cash deposit for security of payment of costs, in such amount as he shall deem sufficient.
History:
L. 1941, ch. 262, § 2; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-703 Proposed district; notice of hearing; protest against application; withdrawal of name from petition; review of action on application.

42-703.
Proposed district; notice of hearing; protest against application; withdrawal of name from petition; review of action on application.
Upon receipt of the application of the proposed irrigation district by the chief engineer, the chief engineer shall cause to be published at applicant's expense, once each week for three consecutive weeks, in a newspaper or newspapers of general circulation in the vicinity of the watercourse or source of supply from which water is sought for the land to be included in the proposed irrigation district, a notice of hearing upon such application. The published notice shall be directed to all persons concerned, without specifically naming any person. Such notice shall contain among other matters a general description of boundaries of the district as proposed; the purpose of the district as proposed; the source of the water supply sought for use and the approximate point of diversion proposed; and the date and place of hearing. Incorporated cities shall be excluded from such district. Any person interested, at any time after first publication of such notice and prior to the expiration of 60 days after the first publication of such notice, may file in duplicate with the chief engineer, a verified written protest against the approval of such application, stating therein all reasons relied upon in objection thereto, which objections shall be duly considered by the chief engineer.
A person who signs a petition and application for the organization and incorporation of a proposed irrigation district shall be permitted to withdraw such person's name as a signer only if the chief engineer determines that the signature was obtained by fraud, undue influence or mutual mistake of fact. All applications for withdrawal of a signature from the petition must be filed with the chief engineer, within 30 days after the first publication of the notice of hearing. The chief engineer may hear and determine any such application for withdrawal of a signature in advance of the hearing for approval of the petition for establishment and organization of the proposed irrigation district.
Any action of the chief engineer upon an application of a proposed irrigation district is subject to review in accordance with the provisions of K.S.A. 82a-1901, and amendments thereto. Any action upon such review is subject to review in accordance with the Kansas judicial review act.
History:
L. 1941, ch. 262, § 3; L. 1947, ch. 284, § 2; L. 1986, ch. 318, § 52; L. 1999, ch. 130, § 1; L. 2010, ch. 17, § 70; July 1.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-704 Permit by chief engineer; articles of incorporation; filing fee; nature of corporation.

42-704.
Permit by chief engineer; articles of incorporation; filing fee; nature of corporation.
If upon consideration of the application the chief engineer finds and determines that the proposed project is practical, feasible and economically sound and that said applicant is entitled to a permit for use of water sought, the engineer shall issue to said applicant a permit approving the proposed organization, incorporation and establishment of the proposed irrigation district, and prescribing the authority and limitations of said proposed district to acquire for beneficial use the waters from the source or sources requested.
Upon approval of application for the creation of proposed irrigation district by the chief engineer and upon obtaining approval of application for permit to acquire use of water sought, and after expiration of period within which appeals may be perfected and after final determination of all appeals taken, said applicants may present to the secretary of state its articles of incorporation, together with transcript of proceedings before the chief engineer and upon payment of fifty dollars ($50), shall be eligible to incorporate as a quasi municipal corporation in same manner as is now provided for incorporation of nonprofit private corporations under the corporation code of this state. The proposed articles of incorporation shall be attached to application for approval of creation of proposed district, when filed with chief engineer, and need not be subsequently signed by incorporators, before filing with secretary of state. The articles of incorporation shall contain the legal description of the lands included in the district and a certified copy of the same shall be recorded in the office of the register of deeds of each county in which any of the lands so described are located.
History:
L. 1941, ch. 262, § 4; L. 1977, ch. 78, § 5; July 1.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-705 Perpetual existence; powers; eminent domain; bonds; tax levies.

42-705.
Perpetual existence; powers; eminent domain; bonds; tax levies.
Upon incorporation as provided in this act, and from thenceforth said irrigation district shall have perpetual existence, subject to dissolution as provided in this act, and shall have a corporate seal and unless otherwise provided, it shall have all the rights, 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, power to issue bonds, levy taxes, assessments and supplemental assessments and generally the power to do and perform all the acts and things necessary and proper to the performance of powers and duties granted and imposed by this act.
History:
L. 1941, ch. 262, § 5; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-708 Meetings of directors; notice; quorum; assessor of district; employees; compensation; official bonds.

42-708.
Meetings of directors; notice; quorum; assessor of district; employees; compensation; official bonds.
(a) That all regular meetings of said board of directors shall be held on the first Monday of each month, and special meetings may be held at any time when all of the members are voluntarily present, or may be called by the president or any two members at any time; but notice in writing signed by persons calling any special meeting shall be served upon each director at least six hours before the time fixed for such special meeting, unless such notice be waived by voluntary appearance. If any director be present in the district, such notice must be delivered to him personally, but if absent shall be left at his usual place of residence. A majority of the directors shall constitute a quorum for the transaction of business, and in the absence of the secretary a quorum at any meeting may select a secretary pro tem. Each meeting of the board shall be open to the public.
(b) The board shall appoint an assessor of the district and such other employees as the board shall deem necessary for the efficient conduct of the district's business and shall fix their compensation. Officers and employees appointed by the board shall hold office and employment during the pleasure of the board. The assessor and other employees shall execute such official bonds as the board of directors may prescribe, which such bonds shall be approved by the board of directors and filed with secretary of said district, or with the county treasurer of the county wherein its registered office is located if the board of directors so directs. Premiums on all such bonds shall be paid by the district. The obligee named in any bond required under this act shall be the irrigation district, for use and benefit of said district and all others concerned.
History:
L. 1941, ch. 262, § 8; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-709 Provision for preliminary expenses.

42-709.
Provision for preliminary expenses.
When a board of directors of any district shall have been elected and qualified, such boards shall have the power and authority to issue and sell negotiable evidences of debt to be designated as irrigation district warrants, in such denominations as the board may fix for the purpose of financing the preliminary work of the board and its engineers, attorneys, agents and employees and such other incidental expenses as may be required for the purpose of formulating and investigating any plan of development in such district and otherwise carry out the purposes of this act and may pledge and agree that the ad valorem taxes first collected by the district shall be used in the payment of such warrants together with interest thereon, if not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 for which the board may annually levy and collect a general tax not exceeding two mills on the dollar on all taxable property within the district. Said warrants if issued, shall not be sold for less than par and accrued interest and the proceeds of the sale shall be deposited in the same manner authorized herein for proceeds from the sale of bonds and shall only be withdrawn for the limited purposes herein set up.
Any money or surplus not required for the purposes set out in this section shall be used to redeem and buy such warrants and surplus upon resolution of board of directors, may be transferred to the general fund of said district. This section shall be construed as providing temporary and necessary means to finance preliminary expenses of such district, as an exception to the provisions of chapter 319*, Laws of Kansas, 1933, and after the completion of works and the receipts of revenue to be derived out of rentals and charges for water or other services, facilities or income of the district, such assessments shall no longer be made and the provisions of chapter 319* of the Session Laws of Kansas, 1933, shall have full force and effect.
History:
L. 1941, ch. 262, § 9; L. 1970, ch. 64, § 75; March 21.
* "Chapter 319," see ch. 10, art. 11.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-710 General plan of operation; approval by chief engineer; surveys, maps and estimates.

42-710.
General plan of operation; approval by chief engineer; surveys, maps and estimates.
(a) As soon as practicable after organization of the irrigation district, the board shall by resolution entered upon its records, formulate a general plan for its proposed operation as approved by the chief engineer, in which it shall state what constructed work or other property is proposed to be purchased and the purchase price therefor, and/or what construction work it is proposed to do and the estimated cost of such construction, and shall state whether funds to pay such purchase price or costs of construction shall be raised by issuing bonds or by creating a fund through the collection of water rentals and charges or by creating a fund by levying assessments against the land benefited or from money received under contract with United States or its departments or agencies, or whether it is contemplated to raise funds by the use of all or a combination of such methods of raising funds.
(b) For the purpose of ascertaining the costs of any such construction work, the board shall cause surveys, examinations, and plans to be made as shall demonstrate the practicability of such plan and furnish the proper basis for an estimate of the cost of carrying out the same. All such surveys, examinations, maps, plans and estimates shall be made under the direction of a competent irrigation engineer and certified by him. The board shall then submit a copy of the same to the chief engineer for his approval. Upon receiving the approval thereof by the chief engineer, as submitted or with limitations or as modified, amended or supplemented, the board shall determine the amount of money required to be raised.
History:
L. 1941, ch. 262, § 10; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-712 Bonds of indebtedness.

42-712.
Bonds of indebtedness.
Any irrigation district created under the provisions of this act, after it has obtained from the chief engineer, his approval of its plans, maps, specifications, surveys and examinations for proposed irrigation works and projects, and after it has obtained from the chief engineer his approval of its application for an acquisition of beneficial use of water for irrigation purposes, and permit therefor, shall have the power and it is hereby authorized to issue the bonds of said district or otherwise obtain funds as authorized in this act, for the purpose of building and constructing dams, reservoirs, canals, ditches, pumping plants, and electric power and gas lines for operation of same, and/or for the purchasing or condemning lands, water rights and easements, and other necessary property for the construction of the proposed system of irrigation within said district. Said bonds shall mature serially, the first installment of principal shall mature not less than two years, and the last installment not more than forty years from the date of said bonds. The amount of installment payments of principal may be such that the increase thereof from year to year shall approximately equal the decrease from year to year in the interest on the bonds remaining unpaid. Said bonds shall bear interest at a rate to be fixed by the board.
History:
L. 1941, ch. 262, § 12; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-713 Bond resolution; election; publication notice.

42-713.
Bond resolution; election; publication notice.
(a) The board of directors of any irrigation district, created under the provisions hereof, which has previously complied with the conditions precedent thereto may adopt a resolution stating: (1) The amount of bonds proposed to be issued; (2) the rate or rates they shall bear; (3) the years of maturity; (4) the purpose for which they are proposed to be issued; (5) the total amount of existing bonded indebtedness, if any; and (6) a statement directing submission of said resolution to approval of electors in said district and the date and polling places for said election. Such bond elections shall be conducted and the returns thereof made and canvassed in same manner as for regular election of members of the board of directors as provided in subsection (c) and (d) of section 42-706 except as otherwise provided in this act.
(b) Upon adoption of such resolution by the board of directors providing for the issuance of bonds, the secretary of said board shall cause notice of said election to be given by posting notice thereof in at least three (3) conspicuous places in the district and by publishing said notice three times in a weekly newspaper published in the county where the registered office of said district is located. If no newspaper is published therein, publication in any newspaper of general circulation in the district shall be deemed sufficient. The date of the posting and the publication in the first issue of newspapers containing such notice shall be not less than twenty-one (21) days before the date of such election. Said notice shall contain a full copy of the resolution, and the question to be submitted at the election shall be whether said resolution shall be approved. The ballot for such election shall be written or printed and shall state the question in substantially the following form:
Shall the resolution of __________ Irrigation District No. ______ providing for the issuance of its bonds in an amount not to exceed $______ for the purpose of __________, be approved?
(With all blanks filled in and completed.)
Yes __________ ☐
No  __________ ☐
History:
L. 1941, ch. 262, § 13; L. 1961, ch. 242, § 3; April 6.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-714 Issuance, sale and delivery of bonds.

42-714.
Issuance, sale and delivery of bonds.
If a majority of the ballots cast at such election are in favor of the proposal to issue bonds as stated in such resolution, the board of directors shall proceed to issue, sell and deliver such bonds as provided herein.
(a) Every bond shall be payable to "bearer" or to the " registered owner" and shall bear interest at the rate specified in the accepted bid for the purchase of the bonds. Each bond shall specify the time and place of payment of the principal and interest and shall be numbered consecutively with the other bonds of the same issue, which shall begin with the number one and continue upward, or if directed by the board shall begin with any number and continue upward.
(b) Such bonds shall be executed in the name of and for the district by the chairperson and secretary of the board. Any interest coupons may be executed by the lithographed or engraved facsimile signature of such officers. The validity of the bonds which are executed shall remain unimpaired by reasons of the fact that one or more of the subscribing or attesting officers have ceased to be such officer or officers, before delivery to the purchaser. Such bonds shall recite that they are, and shall be, payable in lawful money of the United States.
(c) The secretary of the board of directors of the irrigation district shall register in a book provided for that purpose an accurate description of every bond issued, specifying its number, date, purpose, amount, rate of interest, when and where payable and description of any coupons attached. All bonds authorized under this act which have not been delivered to the purchaser within three years after their date shall be canceled. It shall be the duty of the secretary to destroy all canceled bonds, by burning them in the presence of other members of the board of directors and that minutes relating such action be entered in the journal.
(d) Such bonds may be self-liquidating out of the revenue to be derived out of rentals and charges for water uses or other services, facilities or income of the district, or may be paid by means of assessments or by a combination of two or more of such methods.
(e) The revenue derived from the rates charged by the district for the services performed and facilities furnished by it shall be pledged to secure the payment of such bonds and interest thereon, less a proper amount to be set aside by the board of directors, to pay the expenses of operation and maintenance of the district and its works, and to provide for an adequate depreciation fund. Rates shall be fixed in a reasonable amount sufficient to provide for such purposes.
(f) All money received from sale of any bond issue shall be placed in a fund and applied solely to the payment of the costs of the works proposed or for the purpose or purposes for which the same were issued.
History:
L. 1941, ch. 262, § 14; L. 1983, ch. 49, § 82; May 12.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-715 Annual assessments; duties of assessor; map.

42-715.
Annual assessments; duties of assessor; map.
The assessor for the district shall as soon as practicable after the first Tuesday of March each year, examine each tract or subdivision of land in said irrigation district and determine the benefits which will accrue to each of such tracts or subdivisions by reason of the construction or acquisition of such works; and the amount so apportioned or distributed to each of said tracts or subdivisions as finally equalized or confirmed by the district court, as the case may be, shall be and remain the basis for fixing the annual assessments levied against such tracts or subdivisions in carrying out the purpose of this act.
Such assessor shall make or cause to be made, a list of such apportionment or distribution, which shall contain a complete description of each tract or subdivision of lands in said district with the amount and rate per acre for such apportionment or distribution of cost, and the name of the owner or owners thereof; or he may prepare a map of convenient scale showing each of said tracts or subdivisions of land with the rate of apportionment or distribution of costs fixed thereon: Provided, That where all lands on any map or section of map are assessed at the same rate, a general statement to that effect shall be sufficient with acreage in each tract shown. Said list or map shall be made in duplicate and one copy shall be filed in the office of the chief engineer and one copy shall be filed in the office of the board of directors of said district, and shall be made available for public inspection. Any assessment of any property in the name of the wrong person shall in no way invalidate the assessment thereof.
History:
L. 1941, ch. 262, § 15; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-716 Water rentals or charges.

42-716.
Water rentals or charges.
The assessor shall also determine and list the amount payable for each tract obligated by contract, if any, to the United States or any department or agency of the United States, or to any person, corporation or other irrigation district, for the payment of water rentals or charges.
History:
L. 1941, ch. 262, § 16; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-717 Delivery of assessment roll; equalization of assessments.

42-717.
Delivery of assessment roll; equalization of assessments.
(a) On or before the fifteenth day of May, each year, the assessor must complete his assessment roll and deliver it to the secretary of the board of directors. The board shall thereupon fix a time and place when the board will meet to equalize assessments. The secretary shall give notice of such meeting in same manner as providing for posting and publishing notice of election for approval of resolution directing issuance of bonds.
(b) Upon the day specified in the notice the board of directors shall meet as a board of equalization for the purposes of equalizing such assessments and shall continue in session from day to day, so long as may be necessary, but not to exceed ten days, exclusive of Sundays. The board shall hear and determine such objections to the apportionment of benefits and assessments as may come before it; and the board shall make such changes in the apportionment of benefits and assessments as shall appear to be just and equitable.
The secretary shall be present during the session of the equalization board, and he shall note the changes made in the apportionment of benefits and assessments returned by the assessor and, in the names of persons assessed; and within ten days after the close of the session he shall have the assessments and benefits as finally equalized by the board, extended into columns and added.
History:
L. 1941, ch. 262, § 17; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-718 Certification of levies to county clerk.

42-718.
Certification of levies to county clerk.
The board of directors shall then levy an assessment against the lands in the district, sufficient to pay interest on outstanding indebtedness, and all other obligations due or to become due during the ensuing year. In determining the total of such assessment and levy the board shall take into consideration revenues derived from other sources than that obtained from the assessment and taxation of district lands. The secretary of the board shall compute and enter in separate columns of the assessment record the respective sums in dollars and cents required for each purpose and each general purpose shall be denominated a separate fund. If the board finds it necessary it may make an assessment levy (1) for expenses of organizing the district, (2) for operation, maintenance and repair of irrigation works, (3) for the payment of salaries of officers and employees and for other general expenses, which assessment shall be called the "general fund."
The secretary shall compute, or cause to be computed, the sum assessed against each tract for each purpose and shall certify to the county clerk of the respective counties wherein said lands are located, the amount of such assessment for each purpose, or fund, levied upon each tract of land by said board. The county clerk shall enter the total amount assessed against each tract of land in the tax list of his county, and shall certify and deliver same to the county treasurer in manner provided for certifying and delivering other tax levies. Such assessments shall be collected by the county treasurer at the same time and in the same manner as other taxes are collected in the county.
History:
L. 1941, ch. 262, § 18; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-719 Compensation of directors.

42-719.
Compensation of directors.
The members of the board of directors shall receive for their services as directors an amount determined and fixed by said board not to exceed thirty-five dollars ($35) per day and actual traveling expenses.
History:
L. 1941, ch. 262, § 19; L. 1949, ch. 284, § 3; L. 1976, ch. 224, § 1; January 1, 1977.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-720 Bids for construction work; publication notice; contractor's bond.

42-720.
Bids for construction work; publication notice; contractor's bond.
(a) After adopting a plan for the proposed canal or canals, ditches, laterals, storage reservoirs, pumping plants and works and after having obtained the approval of same from the chief engineer, and a permit for acquisition of waters for beneficial use, the board of directors shall give notice, by publication thereof in a newspaper of general circulation in said district, at least once not less than fifteen days before bids are received, calling for bids for the construction of the work or any portion thereof, particularly describing the works or portions so advertised. The notice shall also set forth that plans and specifications can be seen at the office of the board, or other designated place within said district; that the board will receive sealed proposals therefor; that the contract will be let to the lowest responsible bidder, stating the time and place of opening of bids.
(b) All bids shall be opened in public at the time and place specified and as soon as convenient thereafter the board shall let such work either in whole or in part to the lowest responsible bidder, or it may reject any and all bids and readvertise for new bids or proposals, or may proceed to construct the works under their own superintendence with the labor of the residents of the district. All contracts for the purchase of materials shall be awarded to lowest responsible bidder. The person or persons to whom a contract is awarded, shall enter into a bond with good and sufficient sureties, to be approved by the board payable to such district for its use, to an amount equal to twenty-five percent of the contracted price for the faithful performance of the contract, not however, to exceed a maximum of fifty thousand dollars. The work and construction shall be done under the direction and to the satisfaction of the engineer, and be approved by the board. The provisions of this section shall not apply in case of any contract between the district and the United States or with any department, bureau or agency thereof.
History:
L. 1941, ch. 262, § 20; June 30.
2023 Kansas Statutes › Chapter 42 - Irrigation › Article 7 - Districts › 42-722 Dissolution of district; petition to chief engineer.

42-722.
Dissolution of district; petition to chief engineer.
Except as provided by K.S.A. 42-722a, and amendments thereto, whenever a petition signed by a majority of the members of the board of directors of an irrigation district, or by a majority of the qualified owners of irrigable land within a district as defined in K.S.A. 42-701, and amendments thereto, organized or existing under provisions of this act, is presented to the chief engineer praying for the dissolution of the district, and it shall appear from the petition that the district has no real property; that the board of directors has not held a meeting, other than those meetings held for the purpose of considering any aspect of the election of members of the board of directors, for more than one year prior to the date resulting in signing and presentation of the petition; and that the district is not functioning, had ceased to function and will probably continue inoperative and that all indebtedness and obligations of the district have been satisfied, the chief engineer, after such finding, shall issue a certificate in duplicate, declaring the irrigation district dissolved. The chief engineer shall forward the original of the certificate to the secretary of state and the duplicate to the secretary of the board of directors of the irrigation district. The certificate shall: (a) Direct the secretary of the district to file all minutes and records of the district with the county clerk of the county wherein the registered office of the irrigation district is located; (b) direct the officer of such district having custody of any personal property other than moneys to make such disposition as the chief engineer deems proper; and (c) direct the treasurer of such district to transfer to the county treasurers of the counties within such district, moneys held in the name of the district, to be distributed by such treasurer in proportion to the number of acres of each county within the district. The county treasurer shall deposit such moneys into the county general fund. The irrigation district shall be dissolved and cease to exist upon expiration of 30 days after the date of the issuance of such certificate, or upon expiration of 30 days after a final order pursuant to K.S.A. 2000 Supp. 82a-1901, and amendments thereto, or a final judicial determination affirming the findings of the chief engineer, as set out in the certificate, in event that an appeal is taken therefrom.
History: L. 1941, ch. 262, § 22; L. 1974, ch. 197, § 1; L. 1979, ch. 155, § 3; L. 1993, ch. 212, § 2; L. 1999, ch. 130, § 2; July 1.