reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-507 List of freeholders; persons entitled to vote.

24-507.
List of freeholders; persons entitled to vote.
Within five days after receiving notice of the incorporation of any drainage district the county clerk shall ascertain from the tax rolls of the next preceding year the names of all freeholders resident in Kansas whose lands in whole or in part may be included within said district and deliver a certified list of the same to one of the persons appointed as judges of the first election to be held in the district, and at such election, and at all other elections held under this act, only persons who are eighteen (18) years of age and are freeholders resident in Kansas, whose lands in whole or in part are within the district, shall be permitted to vote, and they shall vote in the county within which their lands are located, but no discrimination shall be made on account of sex. The list so furnished by the county clerk shall not be conclusive, but the judges of the election may administer oaths and examine witnesses to determine the right of anyone to vote who may claim that he has been erroneously omitted from such list.
History:
L. 1911, ch. 170, § 7; R.S. 1923, 24-507; L. 1972, ch. 124, § 2; February 22.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-508 Ballots and nominations.

24-508.
Ballots and nominations.
The ballots for the first election herein provided for shall be furnished by the county, and the county clerk is hereby instructed to place as candidates on said ballots the names of such electors, as defined in the next preceding section, as may be nominated for the office of director by petition signed by not less than five electors of the county entitled to vote at said election, and accompanied by the written consent of the freeholder so nominated to become a candidate for such office; and if there is to be elected a director at large, as hereinbefore provided, he shall be nominated by petition signed by not less than ten electors, and such petition, together with his written consent to become a candidate for said office, shall be filed with the clerk of each of the counties of said drainage district. All nominating petitions shall be filed with said clerks at least ten days prior to the date set for said election. At all succeeding elections for director the candidates shall be nominated in like manner but the petitions shall be filed with the secretary of the board of directors, who will cause to be placed on the ballots the names of all persons so nominated.
History:
L. 1911, ch. 170, § 8; March 27; R.S. 1923, 24-508.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-509 First election.

24-509.
First election.
At the time appointed therefor in the proclamation incorporating said drainage district, the first election shall be held, at which the directors provided for in this act shall be chosen. At this election the persons receiving the highest number of votes for county director in each county shall be declared elected county director, and the person receiving the highest number of votes for director at large in the entire district shall be declared elected director at large. The judges and clerks shall qualify, and the election shall be held, the results ascertained and the returns made in the same manner as is provided by law for general county elections, except as in this act provided: Provided, That the returns on the election of the director at large shall be made to the secretary of state, the returns canvassed and certificate of election issued as in the case of the election of state officers.
History:
L. 1911, ch. 170, § 9; March 27; R.S. 1923, 24-509.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-510 First meeting of directors; organization of board; definition of boundaries of district.

24-510.
First meeting of directors; organization of board; definition of boundaries of district.
The directors elected as provided in the next preceding section hereof shall meet on the second Tuesday of the first calendar month following their election, at the county seat of the county most centrally located in the district, and proceed to organize by electing from their own number a president, secretary and treasurer, and shall enter upon the duties of their offices. As soon as practicable thereafter they shall define the boundaries of the drainage district, and shall file the portion thereof relating to each county in which said district is located with the county clerk of such county. Said boundary line shall include all lands subject to overflow by the highest flood water.
History:
L. 1911, ch. 170, § 10; March 27; R.S. 1923, 24-510.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-511 Appeal on location of boundary line.

24-511.
Appeal on location of boundary line.
Any freeholder feeling aggrieved at the location of any portion of said boundary line may, within twenty days from the filing of said boundary with the county clerk, appeal to the board of directors, who shall, after due notice to the complainant, hold a session at some convenient place in the county in which the disputed boundary is located. At this session they shall hear all the evidence upon which such appeal is founded, as well as the evidence in favor of the location already made, and render such decision as they may find best subserves the ends of justice; and if any change be made in said boundary as a result of the hearing, such change shall be forthwith reported to the county clerk of the county in which such change is made.
History:
L. 1911, ch. 170, § 11; March 27; R.S. 1923, 24-511.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-512 Powers of district.

24-512.
Powers of district.
The board of directors of every drainage district incorporated under the provisions of K.S.A. 24-501 et seq., and amendments thereto, shall have the power:
(1) To adopt a seal.
(2) To determine and fix the district boundaries.
(3) To remove all obstructions from the channel of the watercourse.
(4) To commence and maintain suits against any and all persons or corporations unlawfully maintaining dams or other obstructions in the channel of the watercourse to compel the removal of the same.
(5) To exercise the power of eminent domain as to all lands necessary to the construction of cutoffs, spillways and auxiliary channels in accordance with K.S.A. 26-501 to 26-516, inclusive, and amendments thereto.
(6) To require that all bridges across the watercourses shall be of sufficient length or that they shall be provided with sufficient trestle work to permit the unobstructed flow of the waters at flood time.
(7) To construct cutoffs, spillways and auxiliary channels across railroads and highways, to compel the adequate bridging of the same and to compel the raising of the grades of the railroads and highways.
(8) To levy an annual tax not to exceed five mills on the assessed value of all tangible taxable property located within the district to constitute a general fund to meet the incidental expenses of the district.
If the board determines that a higher tax levy limit is necessary, it may adopt a resolution proposing to raise the limitation. Any proposed increase of the levy limitation shall be submitted for approval by the qualified voters of the drainage district. The election shall be called and held in the manner provided by the general bond law. If a majority of the voters voting on the question votes in favor thereof, the levy limitation may be increased.
(9) To issue bonds and to provide for the payment of the same. The whole amount of the bonds issued shall not exceed 50% of the assessed value of all lands and other real property within the district.
(10) To sue and be sued, and to perform any and all other acts not inconsistent with the provisions of K.S.A. 24-501 et seq., and amendments thereto, nor with the laws of the state of Kansas necessary to the accomplishment of the purposes stated in K.S.A. 24-501.
History: L. 1911, ch. 170, § 12; L. 1919, ch. 187, § 1; L. 1921, ch. 179, § 1; R.S. 1923, 24-512; L. 1963, ch. 226, § 1; L. 1963, ch. 234, § 61; L. 1983, ch. 118, § 11; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-513 Engineer; salary; duties.

24-513.
Engineer; salary; duties.
The board of directors shall appoint a competent engineer, at such salary as they may deem proper, who shall make a careful study of conditions along the watercourses of the district, and prepare plans and specifications, together with estimates of the cost of making the improvements authorized in this act which he may deem necessary to be made, including the cleaning of the channels of the watercourses of all obstructions.
History:
L. 1911, ch. 170, § 13; March 27; R.S. 1923, 24-513.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-514 Rules for plans, specifications and estimates.

24-514.
Rules for plans, specifications and estimates.
That in making such plans, specifications and estimates, the engineer shall be guided by the following rules:
First, the work shall be so distributed that all parts of the district may receive as nearly as possible equal benefits therefrom.
Second, all proposed work must not only be beneficial, but it must be accomplished by the most economical method which will secure that benefit.
Third, no levees shall be constructed except the embankments provided for in this section.
Fourth, the plans for all artificial channels of whatsoever kind shall provide for an embankment on each side of the same of sufficient height and solidity to prevent the overflow of adjacent lands from such artificial channel: Provided, That the owner or owners of such adjacent lands may waive the right to have such embankments constructed.
Fifth, such embankments shall not be nearer to each other than the average width of the channel of the watercourse at the point where they leave it.
Sixth, the use of floodgates shall be avoided as much as possible, and to this end ditches of sufficient capacity to carry off the waters from adjacent lands shall be excavated on the outside of such embankments wherever it is practicable to do so.
Seventh, the entire estimated cost of improvements recommended shall not exceed fifty percentum of the value of all the lands and other real property included within the district.
History:
L. 1911, ch. 170, § 14; L. 1921, ch. 179, § 2; March 17; R.S. 1923, 24-514.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-515 Plans and data to be submitted to engineering school of state university or Kansas state university.

24-515.
Plans and data to be submitted to engineering school of state university or Kansas state university.
Said plans, specifications and estimates, together with the data upon which the same are based, shall be submitted by the board of directors to the school of engineering of the state university or state agricultural university for correction and approval, and all work done by said engineering school in connection with said plans, specifications and estimates shall be free of cost to the district. The district engineer shall make such changes in said plans, specifications and estimates as may be recommended by said school of engineering, unless they are found to be so grossly inaccurate as to render necessary an entirely new survey and new plans, specifications and estimates; in which event the board of directors shall forthwith appoint another engineer, who shall prepare a new set of plans, specifications and estimates in harmony with this act and in line with the recommendations of the school of engineering, and these plans, specifications and estimates shall be submitted for approval and correction to said school of engineering as hereinbefore provided.
History:
L. 1911, ch. 170, § 15; March 27; R.S. 1923, 24-515.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-516 Bond election; notice; canvass of returns.

24-516.
Bond election; notice; canvass of returns.
After the approval of the plans, specifications and estimates by the school of engineering, the board of directors shall order an election to be held, in the manner hereinafter provided, for the purpose of submitting to the electors of the district the proposition to issue improvement bonds for the purpose of carrying on the work laid out in said plans, specifications and estimates, or such portion thereof as the board of directors may deem necessary: Provided, That all work shall be done in harmony with the first subdivision of K.S.A. 24-514. A proclamation calling such election shall be published in at least one newspaper of each county in the district, stating the time and places when and where said election shall be held. Said proclamation shall be published at least ten days before the time set for said election and shall contain the names of the judges and clerks appointed for each precinct designated therein.
The polls shall be kept open from eight a.m. to six o'clock p.m., and the returns made and the results ascertained in the same manner as provided by law for general county elections, except that the returns shall be made to and canvassed by the board of directors of the district. The board of directors shall meet and canvass the returns of all such elections and declare the result, and if a majority of those voting at the election authorize the issuing of the bonds, the board of directors shall have power to issue the same and cause the work for which they were authorized to be done.
History:
L. 1911, ch. 170, § 16; March 27; R.S. 1923, 24-516.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-517 Issuance of bonds.

24-517.
Issuance of bonds.
All bonds issued pursuant to K.S.A. 24-501 et seq., and amendments thereto, shall be authorized, issued, registered and sold in the manner provided by the general bond law and shall bear interest at a rate not to exceed the maximum rate prescribed by K.S.A. 10-1009.
History:
R.S. 1923, 24-517; L. 1983, ch. 118, § 12; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-518 Record of bonds; levy for interest and sinking fund.

24-518.
Record of bonds; levy for interest and sinking fund.
A record shall be kept by the secretary of the board of directors of all bonds issued under this act, showing the date, number and amount thereof, and when the same become due, and it shall be the duty of the board of directors to annually levy and certify to the clerk of each county in which the drainage district is located a tax upon all of the lands and other real property in the county and within the drainage district sufficient in amount to pay the interest on all bonds, and after 10 years from the date of issue, and each year thereafter, to provide a levy sufficient for the redemption of maturing bonds. All special assessments for the redemption of bonds shall be levied against the property in proportion to the benefits derived from the improvements.
History:
L. 1911, ch. 170, § 18; R.S. 1923, 24-518; L. 1983, ch. 49, § 74; May 12.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-519 Benefits assessment commission; compensation, duties.

24-519.
Benefits assessment commission; compensation, duties.
The board of directors shall appoint, at such a salary as they shall determine, a benefits assessment commission, consisting of three disinterested members, one of whom shall be an engineer, who shall serve during the pleasure of the board of directors. The members of said commission shall receive pay for such time only as they may spend in the actual performance of their duties. It shall be the duty of this commission to assess the costs of improvements made against the separate tracts of land and other real property in proportion to the benefits derived therefrom.
History:
L. 1911, ch. 170, § 19; R.S. 1923, 24-519; L. 1963, ch. 234, § 62; L. 1975, ch. 52, § 10; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-520 Apportionment of benefits.

24-520.
Apportionment of benefits.
In apportioning benefits they shall be divided into two classes: First, general benefits, such as accrue to the district as a whole from the construction of such improvements. The cost of these benefits shall be assessed at an equal rate on the assessed value of all the lands and other real property included within the district. Second, special benefits, those of especial value to lands and other real property lying in the vicinity of such improvements, in addition to the general benefits; and the cost of such special benefits shall be borne by the land and other real property receiving the same, in proportion to said special benefits.
History:
L. 1911, ch. 170, § 20; March 27; R.S. 1923, 24-520.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-522 Prevention of overflow of natural watercourse.

24-522.
Prevention of overflow of natural watercourse.
The board of directors shall have charge of all embankments and other works or improvements constructed to prevent the overflow of any natural watercourse within their respective districts, and to protect and repair the same shall have power to employ guards and laborers, and to protect and superintend such work as may by them be deemed necessary, but all money expended for such purpose shall only be paid out of the general fund provided by the levy of a general tax on all the property of the district as hereinbefore authorized.
History:
L. 1911, ch. 170, § 22; March 27; R.S. 1923, 24-522.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-523 Filing of benefits assessment commission report; notice of assessments; appeal.

24-523.
Filing of benefits assessment commission report; notice of assessments; appeal.
The benefits assessment commission shall file their report with the board of directors, who shall file a certified copy of that portion pertaining to each county with the county clerk thereof, and notify each person or corporation interested of the amount of assessments levied against his property. Any person feeling aggrieved at any assessment of benefits levied may appeal to the board of directors within twenty days from the date of filing such awards and assessments with the county clerk.
History:
L. 1911, ch. 170, § 23; R.S. 1923, 24-523; L. 1963, ch. 234, § 63; January 1, 1964.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-524 Hearing of complaints; notice; report.

24-524.
Hearing of complaints; notice; report.
Within thirty days from the expiration of the time for filing complaints as provided for in the next preceding section hereof the board of directors shall fix a time and place within the county in which the property of complainants is located, for the purpose of hearing such complaints. At least five days' notice of such meeting shall be given to all complainants whose property is located within the county. The board of directors shall hear and determine all matters relative to said complaints, keep a record thereof, and report their findings to the county clerk of the county in which such meeting is held, and such findings shall become an amendment of the report of the benefits assessment commission provided for in section 64* hereof.
History:
L. 1911, ch. 170, § 24; R.S. 1923, 24-524; L. 1963, ch. 234, § 64; January 1, 1964.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-525 Letting of contracts for work; bond of contractor.

24-525.
Letting of contracts for work; bond of contractor.
After an issue of bonds has been authorized by a vote of the electors of any drainage district, the board of directors thereof shall advertise for bids and let contracts for the proposed improvements in such manner as they may deem advisable: Provided, That all contracts shall be let to the lowest responsible bidder, who shall give a good and sufficient bond, to be approved by the board of directors, conditioned that he will perform the work within the time specified in his contract and in accordance with the plans and specifications of the engineer, and that he will hold the district harmless for any damages that may arise from his negligence, malfeasance or failure in connection therewith. No bid shall be accepted that shall be higher than the engineer's estimate of the cost of such improvement.
History:
L. 1911, ch. 170, § 25; March 27; R.S. 1923, 24-525.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-526 Smaller district previously organized; application of act.

24-526.
Smaller district previously organized; application of act.
If any drainage district organized under the provisions of this act shall include a smaller district previously organized under the laws of this state, the provisions of this act shall apply to all matters of drainage recited herein within said smaller district, and the board of directors of any drainage district so organized under this act shall have charge thereof: Provided, That if any work of a permanent nature, such as is described in K.S.A. 24-501, has been done by said smaller district, a value shall be placed upon said work by the benefits and damages commission provided for in this act, and the value thus fixed shall be paid by the larger drainage district aforesaid. But as to all matters not included within the provisions of this act said smaller district may remain a separate and distinct organization.
History:
L. 1911, ch. 170, § 26; March 27; R.S. 1923, 24-526.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-527 Directors; election.

24-527.
Directors; election.
All elections to choose directors, except the first, shall be in accordance with the provisions of K.S.A. 24-401 et seq., and amendments thereto.
History: L. 1911, ch. 170, § 27; R.S. 1923, 24-527; L. 1953, ch. 194, § 2; L. 1983, ch. 118, § 13; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-527a Vacancy on board; appointment.

24-527a.
Vacancy on board; appointment.
Should a vacancy occur at any time in the office of a director of such drainage district, the remaining directors shall appoint from the taxpayers who are residents of the state of Kansas and otherwise qualified electors a person to hold the office of director until the next election.
History:
L. 1953, ch. 194, § 3; March 31.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-528 Scope and application of act.

24-528.
Scope and application of act.
The provisions of this act, and of this act alone, shall apply to all drainage districts organized under its provisions, and nothing herein shall be construed to amend or repeal any law now in force and effect, except insofar as K.S.A. 24-526 may modify the application of the laws under which said above smaller district may have been organized, with reference to the matters of drainage recited in K.S.A. 24-501.
History:
L. 1911, ch. 170, § 28; March 27; R.S. 1923, 24-528.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 5 - Drainage In Valley Of Natural Watercourse › 24-529 Construction of 24-501 through 24-529.

24-529.
Construction of 24-501 through 24-529.
This act shall not be construed as repealing or modifying any of the drainage laws of this state and shall apply only to corporations organized hereunder and after the taking effect of this act.
History:
L. 1911, ch. 170, § 29; March 27; R.S. 1923, 24-529.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-601 Formation of drainage district by owners of swamp or overflowed lands; articles of association.

24-601.
Formation of drainage district by owners of swamp or overflowed lands; articles of association.
Subject to the provisions of K.S.A. 19-270, a majority in interest of the owners in any contiguous body of swamp or overflowed lands in the state, located in one or more counties in this state, may form a drainage district for the purpose of having such land reclaimed and protected from the effects of water, by drainage or otherwise, and for that purpose may make and sign articles of association, in which shall be stated the name of the district, the limits of the proposed drainage district, which shall in no event embrace an area of less than 160 acres, the names and place of residence of the owners of the land in the district, and the description of each tract or parcel of land in the district owned by those who may organize the district and also the name or names and the description of the real estate owned by such as do not join in the organization of the district, but who will be benefited thereby, and such owners of real estate as are unknown may be set out in such article as such. The article shall further state that the owners of real estate so forming the district for such purpose are willing to obligate themselves to pay the tax or taxes which may be assessed against them to pay the expenses to make the improvements that may be necessary to effect the drainage of the lands so formed into a district, as provided by law, and after the article of association is signed the same is filed in the office of the clerk of the district court of the county in which such drainage district is located, or if such drainage district is composed of tracts or parcels of land in two or more different counties, then in the office of the clerk of the district court of the county in which the greater portion of the proposed drainage district is located, praying that they may be declared a drainage district under this article.
History: L. 1911, ch. 168, § 1; R.S. 1923, 24-601; L. 1983, ch. 118, § 14; L. 1986, ch. 70, § 30; May 15.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-601a Inclusion of land located in other benefit districts.

24-601a.
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 drainage district created pursuant to K.S.A. 24-601 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 drainage district.
History:
L. 1997, ch. 143, § 15; May 8.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-602 Summons to owners of real estate.

24-602.
Summons to owners of real estate.
Immediately after such articles of association shall have been filed, the clerk of the district court of the county in which the proposed district is located and in case the drainage district be composed of territory situated in the different counties, the clerk of the district court of the county in which the greater portion of the land of the proposed district shall be situated, shall issue a summons as now provided by law. Such summons shall be directed to the several owners of real estate in such proposed district who may be averred to be benefited thereby, but have not signed such articles of association, which shall be served as summons in civil cases. In case any owner or owners of real estate in such proposed district are unknown, or are nonresidents, they will be notified in the manner as nonresident defendants are now by law notified, that the articles of association as aforesaid have been filed, and the purpose thereof, and that the real estate of such owner or owners situated in such district, fully describing the same, will be affected thereby, and rendered liable to taxation, or assessment for the purposes of draining such district, and that application will be made to have such district declared a drainage district for the purpose of draining and reclaiming the same.
History:
L. 1911, ch. 168, § 2; R.S. 1923, 24-602; L. 2007, ch. 190, § 4; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-603 Objections of landowners heard by district court; finding of fact; exclusion of land not benefited.

24-603.
Objections of landowners heard by district court; finding of fact; exclusion of land not benefited.
(a) All owners of real estate in the district who have not signed the articles of association and who may object to the organization of the drainage district, after having been duly summoned, on or before the day they have been summoned to appear, shall file their objections, in writing, to the organization of the drainage district and why their land will not be benefited by drainage and should not be embraced in the the drainage district, and liable for taxation for the draining of the same. All such objections shall be heard by the court in a summary manner, without any unnecessary delay, and in case such objections are overruled, the district court shall, by its order duly entered of record, duly declare the drainage district a public corporation of this state with perpetual succession.
(b) The fact that the district contains 160 acres or more of wet, overflowed or submerged lands shall be sufficient cause for declaring the public utility of the improvements, and shall be sufficient grounds for declaring the organization a public corporation of this state. If any owner of real estate satisfies the court that the owner's real estate, or any part thereof, has been wrongfully included in the district, and will not be benefited thereby, then the court may exclude such real estate as will not be benefited and declare the remainder a district.
History:
L. 1911, ch. 168, § 3; R.S. 1923, 24-603; L. 1983, ch. 118, § 15; L. 2007, ch. 190, § 5; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-604 Record of proceedings.

24-604.
Record of proceedings.
Within twenty days after the said district has been declared a corporation by the court the clerk thereof shall transmit to the secretary of state a certified copy of the record relating thereto, and the same shall be filed in his office in the same manner as articles of incorporation are now required to be filed under the general law concerning corporations. A copy of said record, together with a plat of the district shall also be filed in the office of the county clerk of the county, or counties, in which said district, or any part thereof, is situated.
History:
L. 1911, ch. 168, § 4; May 22; R.S. 1923, 24-604.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-606a Annual election of supervisors; notice.

24-606a.
Annual election of supervisors; notice.
Each year after the election of the first board of supervisors, at a time and place designated by the board of supervisors, the landowners within the drainage district shall meet and elect supervisors of the district. Unless waived in writing, notice of the time, date and place of such meeting shall be mailed at least 15 days prior to the meeting to the last known address of each owner of land in the district. Such notice shall be published once each week for two consecutive weeks in a newspaper of general circulation in the district. Such notice shall be mailed and published by the secretary of the board. All such elections shall be conducted in the manner provided by K.S.A. 24-605, and amendments thereto.
History:
L. 1989, ch. 105, § 2; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-607 Oath of supervisors.

24-607.
Oath of supervisors.
Each supervisor, before entering upon his official duties as such, shall take and subscribe an oath before some officer authorized by law to administer oaths, that he will honestly, faithfully and impartially demean himself in office as supervisor of the district in which he was elected and that he will not neglect any of the duties imposed on him by law.
History:
L. 1911, ch. 168, § 7; May 22; R.S. 1923, 24-607.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-608 Organization of board of supervisors; district treasurer; county treasurer's duties.

24-608.
Organization of board of supervisors; district treasurer; county treasurer's duties.
(a) Except as provided by subsection (b), the board of supervisors shall meet immediately after their election and select from their membership a chairperson and a treasurer. The board also shall select a secretary, who need not be a member of the board. The district treasurer shall give a bond in an amount approved by the board of county commissioners of the county in which the greater portion of the district is located. The bond shall be conditioned on the faithful and proper performance of duty. The treasurer shall have the same powers and duties stated in K.S.A. 24-415, and amendments thereto. The board may adopt a seal, with a suitable device, and shall keep a record of all its proceedings which shall at all times be open to the inspection of all owners of real estate in the drainage district. At each annual meeting the board shall make a report of what work has been done, and shall publish annually a statement of its receipts and expenditures in a legal newspaper printed, published and of general circulation in the county in which the district was organized.
(b) The board of supervisors may designate the county treasurer of the county in which the drainage district, or the largest portion thereof, is located, as ex officio treasurer of the drainage district, for the purpose of collecting and disbursing taxes and assessments. The treasurers of the counties in which the smaller parts of the district are located shall pay to the ex officio treasurer any and all funds collected by them for the benefit of the drainage district. The ex officio treasurer shall give a receipt for the funds received. A duplicate shall be filed in the office of the clerk of the county of which the person receiving same is treasurer.
It shall be the duty of the treasurer, who is ex officio treasurer of the drainage district, to pay any money of the drainage district on hand upon warrants, signed by the chairperson and attested by the secretary of the board of supervisors of the district, when presented for payment.
History:
L. 1911, ch. 168, § 8; R.S. 1923, 24-608; L. 1983, ch. 118, § 18; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-610 Drain commissioner; term; duties; bond; oath.

24-610.
Drain commissioner; term; duties; bond; oath.
The board of supervisors of any district organized under this law shall appoint some competent person to award all contracts contemplated in this article to the lowest bidder, subject to the approval of the board of supervisors, except as herein otherwise provided, to be known as the drain commissioner. He shall hold his office for one year and until his successor is appointed and qualified. He shall have a general superintendence of all works put under contract by said district, subject to the supervision and control of said board of supervisors, and shall report the same when complete according to the terms and stipulations of the contract, and certify the same to the board of supervisors who shall review and accept or reject the work so completed.
Said drain commissioner shall, before entering upon the discharge of his duties, enter into bond with proper surety, subject to the approval of the board of supervisors in any sum not less than two thousand dollars and not more than ten thousand dollars, to the drainage district of which he shall be appointed drain commissioner, conditioned that he faithfully and honestly perform all the duties required of him by law, and deliver to his successor in office all instruments, papers and documents that may come into his hands by virtue of his office as said drain commissioner, and shall take and subscribe the said oath required by K.S.A. 24-607, which shall be endorsed upon his bond, and filed in the office of the county clerk of the county in which said district, or greater part thereof, shall be situated.
History:
L. 1911, ch. 168, § 10; May 22; R.S. 1923, 24-610.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-611 Annexation of land to district; procedures; limitations.

24-611.
Annexation of land to district; procedures; limitations.
(a) Subject to the provisions of K.S.A. 19-270, and amendments thereto, and if the board of supervisors determines that land located outside the district benefits by the drainage improvements of the district, the board shall present a petition to the board of county commissioners of the county in which the greater portion of the territory of the original drainage district is located asking for the extension of the territorial limits of the district to include such land. The board of county commissioners shall investigate such petition and determine whether such land should be included within the district.
(b) The petition submitted pursuant to subsection (a) shall:
(1) Describe the land proposed to be included within the drainage district by sections or subdivisions of sections, according to the government survey or by metes and bounds;
(2) state that the land and property thereon are subject to injury and damage from the overflow of some natural or manmade watercourse, naming or describing it;
(3) state that improvement of the channel of such watercourse, the construction and maintenance of levees, drains, ditches, dikes, jetties, riprap or other works are necessary to prevent such overflow;
(4) state that such improvement or works will be conducive to the public health, convenience or welfare; and
(5) contain a prayer that the land described in the petition be included within such drainage district. If any land requested to be included in the original drainage district is located within the corporate limits of any city, it shall be sufficient to describe such land by appropriate number as lots or blocks or parts of lots or blocks.
Whenever a petition is presented to the board of county commissioners pursuant to this section, the board of county commissioners shall fix a time for the hearing of such petition. Notice of such hearing shall be published at least once in a newspaper of general circulation in the county in which the land described in the petition is located at least 10 days before the date fixed for the hearing.
(c) Following such hearing, if the board finds the petition is in conformity to the requirements of this section and that the allegations thereof are true, the board shall make a finding and decision to that effect, and shall declare the land described in the petition to be annexed to and included within the original drainage district. No territory within any city located in a county having an assessed tangible valuation of more than $150,000,000 shall be included within any drainage district without the approval of the governing body of such city.
History: L. 1911, ch. 168, § 11; L. 1911, H.J.R. No. 15, p. 277; R.S. 1923, 24-611; L. 1977, ch. 126, § 2; L. 2001, ch. 76, § 1; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-611a Agreements to allow drainage from land located outside district.

24-611a.
Agreements to allow drainage from land located outside district.
(a) The board of supervisors and the owners of land which is located outside a drainage district organized pursuant to K.S.A. 24-601 et seq., and amendments thereto, may enter agreements allowing water from such land to drain into the drainage system of the district. All moneys received under such agreements shall be used for drainage district purposes.
(b) If the owner of any land which is located outside of any drainage district constructs any ditch or drain so that the water on such land will be drained into the drainage system of any drainage district or into any natural depression, draw or watercourse, or any artificial ditch, tile, or drain that drains into such drainage system, without first having entered into written agreement with the board of supervisors of such drainage district, the owner shall be deemed to have made voluntary application to be included in such drainage district and receive the benefits thereof. If by the natural grade and formation of such land, the surface or flood water, or both, therefrom are drained into any ditch, tile, drain, natural depression, draw or watercourse in such drainage system of such drainage district, the owner of such land shall be deemed to receive the benefits of such drainage system. The board of supervisors of such drainage district may bring an action in the county where such land or drainage district is located, stating the name of such owner, description of the land and of the ditch, drain or natural grade or formation leading into the system of such drainage district to recover payment for the benefit received and to include such land within the drainage district.
Any judgment so rendered may be filed in the office of the clerk of the district court of the county and become a lien on such land in like manner as other judgments. If any such land which drains or is drained into the drainage system of any other drainage district is located within a drainage district organized under any law of the state of Kansas, the drainage district in which such land so drained is located may be named the defendant instead of the owner of the land. In such case, the drainage district prosecuting such proceedings shall have the option of prosecuting the same in the district court in which such drainage district or the major portion thereof is located. If such proceedings are so prosecuted in the district court the proceedings shall be governed by the code of civil procedure. The district court may assess against the drainage district receiving the benefits of the drainage of its land into the system of another district an annual payment commensurate with such benefits. All money collected under this subsection shall be used for drainage district purposes.
History:
L. 2001, ch. 76, § 3; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-612 Rights of way and removal of obstructions in streams; eminent domain proceedings.

24-612.
Rights of way and removal of obstructions in streams; eminent domain proceedings.
When said board of supervisors, by order entered of record, has agreed upon a location or route for said ditch or ditches, and formulated a plan for the other improvements contemplated, then, they, in behalf of said district, shall have the right to acquire and if need be condemn any real estate, easement, or franchise, whether the same be within the limits of such district or outside its boundaries that may be necessary for a right of way over or upon which to construct and maintain the ditches, dikes, drains and other works contemplated by any of the provisions of this act, and when the board of supervisors is unable to agree with the owners of any such property as to the acquisition of such right of way, or if the owners are not residents of the county, or cannot be found, or are minors or persons of unsound mind, or incapable of making a legal contract, the board of supervisors, when other means are not specifically provided, may proceed to acquire such right of way under the power of eminent domain in accordance with K.S.A. 26-501 to 26-516, inclusive. Said board of supervisors, in behalf of such district, shall have the right to acquire, and if need be, condemn in the same manner as hereinbefore provided for the acquirement and condemnation of rights of way, any natural or artificial obstruction in any existing watercourse and remove the same therefrom for the benefit of said district.
History:
L. 1911, ch. 168, § 12; L. 1911, H.J.R. No. 15, p. 277; R.S. 1923, 24-612; L. 1963, ch. 234, § 65; January 1, 1964.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-614 Who may file objections to report; adjournments of hearings.

24-614.
Who may file objections to report; adjournments of hearings.
The drainage district by its attorney or any owner of land or other property in said district whose land or property may be affected thereby may file objections to said report or to any item of the classification or the assessment of benefits therein set out, within ten days after the last day of publication of the notice provided for in the preceding section. All objections shall be heard by the board of supervisors fully and fairly and as speedily as may be to carry out liberally the purposes and needs of such drainage district. It shall not be necessary for said drainage district to file any answer or other pleadings to the objections, claims or other pleadings filed by said persons in answer to said proposed assessments as provided in this section, but said matters shall be deemed denied and said drainage district shall have the right to interpose any matters in defense thereto which it may have: Provided further, That said board of supervisors may adjourn any hearing or hearings for good cause from day to day, or to some future day as they may deem best, and that said property owners for good cause shown by affidavit of themselves or agents may have said hearings adjourned for a period not to exceed two weeks.
History:
L. 1911, ch. 168, § 14; May 22; R.S. 1923, 24-614.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 6 - Drainage In One Or More Counties › 24-616 Hearings to objections to engineer report; costs; fees.

24-616.
Hearings to objections to engineer report; costs; fees.
The cost of said hearing in case of contest shall be taxed and assessed as follows: First, if the said matter shall be determined by said board against the parties' contention objecting to said assessment, all costs upon the hearing of his said objections shall be adjudged against said objector. And said board of supervisors shall have the right to recover the same from said objector or objectors for the benefit of said drainage corporation, in a civil action for that purpose before any court of competent jurisdiction in the names of said drainage corporation. Second, in case said matter is finally determined by said board of supervisors partly in favor of and partly against the contention of any objector, or objectors, the costs shall be apportioned against the drainage district and said objectors as said board shall deem just and equitable. Third, in case the contentions of said objectors are wholly sustained and the matter is fully determined in their favor by said board, the costs shall be paid by said drainage district. The fees allowed upon said hearing shall be the same as those prescribed by K.S.A. 28-127.
History:
L. 1911, ch. 168, § 16; R.S. 1923, 24-616; L. 1974, ch. 446, § 10; July 1.