reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3502 Conditions and restrictions on organization and establishment; powers.

19-3502.
Conditions and restrictions on organization and establishment; powers.
One or more water districts, for the purpose of this act, may be organized, created and established in the manner hereinafter provided in any territory located in Miami, Franklin, Johnson and Wyandotte counties. Such water district or districts shall be located in territory outside the limits of any territory served by or included within the limits of any previously organized municipally-owned and operated public water supply and distribution system. Such water district or districts shall be organized, created and established without regard to county, township or city boundaries and no such counties, townships or cities in any territory in which a duly organized water district is located shall have or exercise any jurisdiction or control over the administration of such water district, except as specifically provided herein. Nor shall any such city, township, or county create, organize or establish any municipally-owned and operated water supply and distribution system in any territory actually served, supplied or serviced by any water district created under this act.
Each of such water districts shall be quasi-municipal body corporate with the power of eminent domain, which shall be exercised in the manner provided in K.S.A. 26-501 to 26-517, inclusive; such districts shall have power to enter into contracts; to sue and be sued; to establish, construct, purchase, operate and maintain a water supply and distribution system; to fix water rates; and to issue revenue bonds in the manner hereinafter provided to pay for the establishment, construction, purchase and operation of a water supply and distribution system or systems.
History: L. 1951, ch. 240, § 2; L. 1953, ch. 159, § 1; L. 1963, ch. 234, § 50; L. 1974, ch. 127, § 1; March 8.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3502a Inclusion of land located in other benefit districts.

19-3502a.
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 water supply and distribution district created pursuant to K.S.A. 19-3501 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 water supply and distribution district.
History:
L. 1997, ch. 143, § 10; May 8.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3504 Enlargement of district; petition.

19-3504.
Enlargement of district; petition.
Subject to the provisions of K.S.A. 19-270, whenever line extensions have been laid by any water utility operating under a certificate of convenience and necessity within the original district, within the certificated area as it existed on the effective date of this act and subsequent to the establishment and organization of such water district, the board of such water district shall upon petition of 51% of owners of land within such additional areas enlarge the boundaries of such original water district to include the additional areas in which such line extensions have been laid.
History:
L. 1951, ch. 240, § 4; L. 1986, ch. 70, § 11; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3505a Issuance of no-fund warrants by board, when; expending moneys; tax levy, collection and disposition.

19-3505a.
Issuance of no-fund warrants by board, when; expending moneys; tax levy, collection and disposition.
In order to provide funds to meet necessary expenses in carrying on its regular activities and duties, as provided in K.S.A. 19-3505, the water district board provided for by said section 19-3505 may issue no-fund warrants in a total amount not exceeding one hundred fifty thousand dollars ($150,000) during the time after the members of the first board are duly qualified and before the issuance of bonds under the provisions of K.S.A. 19-3516. Such warrants shall be issued in like manner as other warrants and shall bear interest at a rate of not more than the maximum rate of interest prescribed by K.S.A. 10-1009 and shall be recorded by the secretary of the water district board and redeemed as provided in article 8 of chapter 10 of the Kansas Statutes Annotated. Such water district board is hereby authorized and empowered to expend all moneys raised by no-fund warrants issued under the provisions of this section although it has not adopted a budget for the period during which such expenditures are made.
At the first tax levying period after the issuance of any such warrants, the secretary of such water district board shall certify to the county clerk of the county in which the greatest portion of the area of the water district lies the total amount of no-fund warrants that have been issued together with the amount of interest due and to become due thereon prior to redemption. Thereupon, the county clerk shall determine the rate of tax necessary to be levied on all the taxable tangible property in the water district to redeem said warrants and to pay the interest thereon. Upon the determination of such rate of tax, said county clerk shall certify same to the board of county commissioners of every county in which any portion of the area of such water district lies and said boards of county commissioners shall levy such tax on all taxable tangible property in such water district in their respective counties. Upon the collection of such tax in any county other than the county in which the greatest portion of the area of the district lies, the county treasurer of such county shall transmit the same to the county treasurer of the county in which the greatest portion of the area of such district lies. The tax levies herein authorized shall be in addition to all other tax levies authorized or limited by law.
History:
L. 1955, ch. 170, § 1; L. 1957, ch. 192, § 3; L. 1970, ch. 64, § 65; March 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3507a Notice of elections, requirements; canvass of elections; expenses, how paid.

19-3507a.
Notice of elections, requirements; canvass of elections; expenses, how paid.
The county election officer shall cause to be published in a newspaper of general circulation within the district, a notice of all elections held under this act. The notice shall address the qualified electors residing within the district and identify the precincts and voting places, state the time and place or places of voting, the purpose of the election and in revenue bond elections, shall state the aggregate amount to be expended and the amount of revenue bonds to be submitted for approval. Such notice also shall refer the electors to a reasonably detailed map of the district boundaries provided by the district's board and made available for public inspection at both the offices of the county election officer and the district's board. For any election other than an election held only for the purpose of electing persons to membership on the district's board such notice shall contain such other data as will enable the qualified electors to understand and comprehend the proposals to be submitted. In every election where the question of the issuance of revenue bonds is submitted, the election notice shall be published at the times and in the manner prescribed by K.S.A. 10-120, and amendments thereto. In all other elections, the election notice shall be published once and such publication shall be no more than 10 days prior to such election. In revenue bond elections the proposition shall be submitted to the qualified electors in substantially the following form:
Water district No. __________ of ______________ county, shall be authorized to obtain by construction, purchase, condemnation or otherwise, a water supply and distribution system at an estimated aggregate cost to the water district of ____________ dollars, and to issue revenue bonds not in excess of such amount in payment of the same.
Yes ☐
No ☐
Ballots, abstracts of election results, and all other supplies and materials shall be returned by the election boards upon closing of the polls to the county election officer. Elections held under this act shall be canvassed by the county board of canvassers as provided by law. All expenses of elections attributed to the water district shall be paid for out of the general funds of the water district.
History:
L. 1969, ch. 162, § 3; L. 1984, ch. 105, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3507b Duties of election commissioner.

19-3507b.
Duties of election commissioner.
The election commissioner of Johnson county shall conduct all elections under this act. Members of the board of the water district in office on the effective date of this act shall continue to serve for the term for which they were elected and shall retain the same member positions as prior to the effective date of this act.
History:
L. 1969, ch. 162, § 4; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3509 Management, control, maintenance and enlargement of system; supply water for other water utilities and political subdivisions; insurance for employees; property.

19-3509.
Management, control, maintenance and enlargement of system; supply water for other water utilities and political subdivisions; insurance for employees; property.
The water district board shall establish, manage, purchase, construct, operate, maintain and have the exclusive control of the water supply and distribution facilities and establish rules necessary for the safe, economical, efficient establishment, operation, maintenance and management of such water supply and distribution system. The board shall produce and supply water for domestic, industrial and municipal use to the inhabitants of the district and to other water utilities and political subdivisions of the state as provided by K.S.A. 19-3515, and amendments thereto. The board may improve, extend or enlarge the water supply and distribution system for such purposes. The board may authorize the payment of cost of group hospitalization, medical and surgical insurance benefits for its employees and officers and it may take by condemnation and acquire by purchase, gift, devise, or bequest such franchises and real or personal property either within or without the district as may be needed or convenient.
History:
L. 1951, ch. 240, § 9; L. 1957, ch. 192, § 6; L. 1967, ch. 159, § 1; L. 1975, ch. 170, § 2; L. 1988, ch. 106, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3510 General manager; term, qualifications, duties; bond; retirement plans.

19-3510.
General manager; term, qualifications, duties; bond; retirement plans.
(a) The water district board may select and appoint a general manager who shall hold office at the pleasure of the board. Such manager shall be chosen on the basis of administrative ability and shall hold such college degree or degrees and experience as the board may deem appropriate. The general manager shall have such duties and responsibilities as shall be assigned by the board in the management of the water supply and distribution system. The board shall obtain for the general manager a surety bond conditioned upon the faithful performance of the manager's duties.
(b) The water district board may promulgate and adopt a retirement plan for all of its officers, employees, servants and agents.
History:
L. 1951, ch. 240, § 10; L. 1957, ch. 192, § 7; L. 1975, ch. 170, § 3; L. 1986, ch. 109, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3511 Mains, waterworks and plants; eminent domain.

19-3511.
Mains, waterworks and plants; eminent domain.
Any water district established under this act is hereby empowered to connect with any source of water supply or to construct, operate and maintain waterworks or plants anywhere within twenty (20) miles of any boundary of such water district, either within or without the county; to lay mains from any such waterworks or plants through and under and along any street, public highway, alley, or park and across any public property to any boundary of such water district; to construct, operate, maintain, expand and extend waterworks or plants at any point along or near the lines of such water mains; and to acquire suitable grounds by purchase or by appropriate proceedings in condemnation for the construction, extension, expansion, operation or maintenance of any mains, waterworks or plants mentioned herein. Such condemnation proceedings shall be exercised in accordance with the provisions of K.S.A. 26-501 to 26-516, inclusive. Such district shall have jurisdiction over any such grounds acquired outside the water district the same as if such grounds were within the district as far as may be necessary in order to protect, maintain and operate such works.
History:
L. 1951, ch. 240, § 11; L. 1963, ch. 234, § 51; January 1, 1964.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3514 Rules and regulations relating to use of water and rates therefor; cost of extensions.

19-3514.
Rules and regulations relating to use of water and rates therefor; cost of extensions.
The water district board shall adopt and make available to the public rules and regulations relating to, among other things, the use of water, the rates of charge for its consumption and related services and the connection, expansion, improvement, construction and additions to water mains and the distribution system. Upon application for water main extensions and full compliance with the rules and regulations by the applicant, the board shall cause to be constructed such extensions which shall become the property of the water district. Upon completion of construction, the actual cost thereof shall be determined by the board and any excess in an advanced payment shall be returned to the applicant or any shortage therein collected by the board.
Where the board has specified and constructed a main extension of larger diameter than would otherwise be required for the immediate area to be served in order to serve additional areas anticipated to be developed, the board shall not impose the increased costs attributable to such increase in diameter upon the applicant.
History:
L. 1951, ch. 240, § 14; L. 1957, ch. 192, § 9; L. 1961, ch. 157, § 1; L. 1963, ch. 199, § 2; L. 1977, ch. 101, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3515 Contracts with other water utilities or public agencies to supply water; rates and charges.

19-3515.
Contracts with other water utilities or public agencies to supply water; rates and charges.
Any water district board may contract with any other water utility, as defined by K.S.A. 19-3501, and amendments thereto, or any school district, state department, state institution, board of county commissioners of any county, township, municipality or political subdivision of the state of Kansas, for the purpose of supplying water. Such other water utility, school district, state department, state institution, county commissioners, township boards, municipalities and political subdivisions of the state are hereby authorized to contract and pay reasonable rates and charges for such water and for additions for enlargement of the water supply and distribution system which are attributable to the demand for water by such entities located outside the district. Any such contract may extend for a period of years not longer than the period for which revenue bonds are issued.
History:
L. 1951, ch. 240, § 15; L. 1985, ch. 100, § 3; L. 1988, ch. 106, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3516a Refunding water district revenue bonds issued under K.S.A. 19-3516; conditions.

19-3516a.
Refunding water district revenue bonds issued under
K.S.A.
19-3516; conditions.
Any water district board having issued revenue bonds under the provisions of K.S.A. 19-3516 may, from time to time, without an election, issue revenue bonds to refund any previous issue or part thereof of its outstanding revenue bonds. Such refunding bonds shall be issued in accordance with and subject to the provisions of K.S.A. 10-116a.
History:
L. 1963, ch. 200, § 1; L. 1977, ch. 58, § 15; May 18.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3518 Same; certificate of convenience and necessity canceled.

19-3518.
Same; certificate of convenience and necessity canceled.
Upon the payment of the purchase price or condemnation award by which the district acquires any water utility system which is operating under a certificate of convenience and necessity issued by the state corporation commission, such certificate shall immediately be canceled by operation of law and such utility shall be relieved of any responsibility to serve any area defined by such certificate of convenience and necessity.
History:
L. 1951, ch. 240, § 18; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3519 Payment of claims, accounts and necessary expenses; penalty for fraudulent claim; surety bonds.

19-3519.
Payment of claims, accounts and necessary expenses; penalty for fraudulent claim; surety bonds.
(a) All claims, accounts and necessary expenses of the water district lawfully incurred and approved shall be paid from appropriate available funds in bank accounts of the water district by voucher check supported by an appropriate purchase order or statement of service. All such claims shall be presented in writing with a full account of the items and may be the usual statement of account of the vendor or party rendering a service or other written statement showing the required information.
(b) (1) Any person who obtains money from the district by intentionally making a fraudulent claim for a sum of less than $1,000 is guilty of a class A nonperson misdemeanor.
(2) Any person who obtains money from the district by intentionally making a fraudulent claim for at least $1,000 but less than $25,000 is guilty of a severity level 9, nonperson felony.
(3) Any person who obtains money from the district by intentionally making a fraudulent claim for $25,000 or more is guilty of a severity level 7, nonperson felony.
(c) The water district board shall see that there is kept a correct record of all voucher checks issued showing the number, date and amount thereof and the name of the person or persons to whom such checks are made payable and with appropriate reference to the applicable purchase order or other claim, account or expense record, including payroll records. Any employee or officer authorized to sign or countersign voucher checks shall be covered by a surety bond in the form and amount as determined by the board.
History:
L. 1951, ch. 240, § 19; L. 1957, ch. 192, § 12; L. 1975, ch. 170, § 6; L. 1987, ch. 103, § 3; L. 1993, ch. 291, § 13; L. 1994, ch. 291, § 19; L. 2006, ch. 194, § 15; May 25.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3520 Meetings of board; keeping and inspection of records; quorum.

19-3520.
Meetings of board; keeping and inspection of records; quorum.
(a) From and after May 1, 1991, every water district board shall meet in regular session at a place to be designated by the board and on the same regular day each month during the year, as determined by the water district board for the transaction of any business as often as the interest or business of the water district may demand. The board shall meet in special session on the call of the chairperson or at the request of any four members on the board. The nature of the business to be transacted at any call meeting shall be governed by the matters and things set out in the call. All water district boards shall adopt their rules of procedure and keep a record of their proceedings. Except as provided by the open records act, the records and accounts of the board shall be public. Except as provided by K.S.A. 75-4317 et seq., and amendments thereto, meetings of the board shall be open to the public. Four members shall constitute a quorum for the transaction of business.
(b) For any water district previously created and existing with a five-member board prior to the effective date of this act and until the election and qualification of the sixth and seventh members at the next regular election, three members shall continue to constitute a quorum and may request to meet in special session.
History:
L. 1951, ch. 240, § 20; L. 1957, ch. 192, § 13; L. 1984, ch. 107, § 1; L. 1990, ch. 91, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3521 Annual financial statements; publication of summary; copies available.

19-3521.
Annual financial statements; publication of summary; copies available.
Within 90 days after the end of each calendar year, the water district board shall publish or cause to be published in a newspaper of general circulation within the township or townships in which such water district is located, a summary which shows totals for categories of the receipts, expenditures, liabilities, assets and bonded indebtedness of such water district as of the end of such calendar year. Such publication shall include a notice that a detailed statement of such receipts, expenditures and liabilities is available for public inspection at the county clerk's office. Copies of the report shall be made available upon request. Such statement shall be duly verified and after appropriate audit, such statement shall be certified by a licensed municipal public accountant or by a certified public accountant.
History: L. 1951, ch. 240, § 21; L. 1957, ch. 192, § 14; L. 1984, ch. 106, § 2; L. 1987, ch. 103, § 4; April 2.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3521b Grant of easement to water district no. 1 of Johnson county; conditions; purposes; costs.

19-3521b. Grant of easement to water district no. 1 of Johnson county; conditions; purposes; costs.
(a) The secretary of state is hereby authorized and directed to grant an easement to water district no. 1 of Johnson county, Kansas, on a tract of land owned by the state of Kansas along the south and north banks of the Kansas river described as follows: Commencing at the east half of the southeast quarter of the southwest quarter of Section 31, Township 11 South, Range 24 East, the east half of the northeast quarter of the southwest quarter of Section 31, Township 11 South, Range 24 East, and the southeast quarter of Section 31, Township 11 South, Range 24 East. Less that part of the above described tract lying northerly of the northerly high bank of the Kansas River and less that part of such tract lying southerly of the southerly high bank of the Kansas River.
(b) Such easement shall be conditioned on water district no. 1 of Johnson county assuming full responsibility for the use of such easement and holding the state of Kansas harmless therefor. Such easement shall terminate if the land is no longer used for the purpose for which the easement was granted.
(c) Water district no. 1 of Johnson county, Kansas, is hereby authorized to acquire the easement described in subsection (a) and to use such easement for the purposes of locating, constructing, maintaining and operating: (1) Diversion works for the appropriation of water; and (2) hydropower generation equipment and facilities for the production of electricity. Water district no. 1 of Johnson county, Kansas, shall assume full responsibility for such use and hold the state of Kansas harmless therefor.
(d) Water district no. 1 of Johnson county, Kansas, shall assume full responsibility for any costs arising under this act.
History:
L. 2006, ch. 28, § 1; L. 2016, ch. 25, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3522 Definitions.

19-3522.
Definitions.
As used in this act, unless the context clearly requires otherwise: "District" means the water supply district organized pursuant to this act; "board" means the board of county commissioners of Johnson county; "general manager" means the general manager of the water supply district appointed by the board as provided in this act; "county" means Johnson county, Kansas.
History:
L. 1961, ch. 473, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3523 Purpose of act.

19-3523.
Purpose of act.
The purpose of this act is to provide for the establishment of a quasi-municipal body corporate of the state within and embracing all of Johnson county, Kansas, to be known as "Johnson county wholesale water supply district." The said county contains a heavy concentration of population with a large number of incorporated cities and unincorporated areas which are constantly increasing in population. It lies adjacent to two large cities within and without the state, and industrial, residential, and commercial expansion is rapidly occurring. Sources from which a permanent and satisfactory supply of water can be obtained are very limited and isolated. Special utility problems confront the said county which cannot be solved by separate municipal action, but require a cooperative effort throughout the said county. The function of the district shall be to secure a source of water on a scale larger than is feasible for public water supply districts, municipalities, publicly and privately owned water distribution companies, acting alone, and to sell such water at wholesale to public water supply districts, municipalities, and publicly and privately owned water distribution companies.
History:
L. 1961, ch. 473, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3524 Johnson county designated as urban area.

19-3524.
Johnson county designated as urban area.
Johnson county is hereby designated as an "urban area" within the provisions of section 17 of article 2 of the constitution of the state of Kansas.
History:
L. 1961, ch. 473, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3525 Proceeding to incorporate; notice of public hearing.

19-3525.
Proceeding to incorporate; notice of public hearing.
As a condition precedent to the organization of a water district under the provisions of this act and subject to the provisions of K.S.A. 19-270, the board shall cause to be published in the official county paper once each week for two consecutive weeks a notice of the time and place of a public hearing before such board to determine whether it is in the best interest, promotes the general welfare and is economically feasible to organize a water supply district as provided by this act. The last publication of such notice shall be not less than 15 days prior to the hearing.
History:
L. 1961, ch. 473, § 4; L. 1981, ch. 173, § 61; L. 1986, ch. 70, § 13; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3526 Declaration of district organization, when; resolution; publication; name of district; quasi-municipality.

19-3526.
Declaration of district organization, when; resolution; publication; name of district; quasi-municipality.
Upon the hearing, if it appears to the satisfaction of the board that the general welfare of the inhabitants of Johnson county will be promoted by the organization of a public wholesale water supply district embracing the whole area of the county and by the acquisition of a source of water and by the construction or acquisition of facilities for the production, transportation and sale at wholesale of water to public water supply districts, municipalities, and publicly and privately owned water distribution companies within the county, and that the same will be of public utility, the board shall, by resolution, declare the district organized and give it the corporate name of Johnson county public wholesale water supply district. The board shall publish the resolution once each week for two consecutive weeks in the official county paper. Thereupon the district shall be a quasi-municipal body corporate with all the powers of like or similar corporations.
History:
L. 1961, ch. 473, § 5; L. 1981, ch. 173, § 62; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3527 Records relating to incorporation; filing.

19-3527.
Records relating to incorporation; filing.
Within thirty (30) days after the publication of the resolution of the board which has declared the district a quasi-municipal body corporate, the board shall transmit to the secretary of state and to the register of deeds of Johnson county, copies of such resolution incorporating such district.
History:
L. 1961, ch. 473, § 6; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3529 Organization of the board.

19-3529.
Organization of the board.
The governing body of the district shall elect one of its members as president of the district. The county clerk and county treasurer of Johnson county shall be secretary and treasurer, respectively, of the district.
History:
L. 1961, ch. 473, § 8; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3530 Meetings of the board; annual audit.

19-3530.
Meetings of the board; annual audit.
The board shall meet at the office of the board of county commissioners of said county as often as the needs of the district require. The board shall cause to be made an annual audit of the receipts and expenditures of the district, by a certified public accountant, the cost of said audit to be paid by the district.
History:
L. 1961, ch. 473, § 9; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3533 Issuance of no-fund warrants; tax levies; limitations inapplicable.

19-3533.
Issuance of no-fund warrants; tax levies; limitations inapplicable.
In order to provide such funds as may be necessary to pay preliminary engineering, financial and legal services to determine the advisability of proceeding with the acquisition or construction of a water supply system or to pay the expenses of the district during the acquisition or construction of such system, the board may issue no-fund warrants in like manner as other warrants which shall bear interest at a rate of not more than the maximum rate of interest prescribed by K.S.A. 10-1009. Said warrants shall be recorded by the county clerk and shall be redeemed as provided in article 8 of chapter 10 of the Kansas Statutes Annotated, and any amendments thereto. Such board is hereby authorized and empowered to expend all moneys raised by no-fund warrants issued under the provisions of this section although it has not adopted a budget for the period during which such expenditures are made. At the first tax levying period after the issuance of any such warrants, the county clerk shall determine the rate of tax necessary to be levied on all the taxable tangible property in the district to redeem said warrants and to pay the interest thereon. Upon the determination of such rate of tax, said county clerk shall certify same to the board of county commissioners and said board of county commissioners shall levy such tax on all the taxable tangible property in such district. Upon the collection of such tax the county treasurer shall use the proceeds thereof to pay such warrants and the interest due thereon. The tax levies herein authorized shall be in addition to all other tax levies authorized or limited by law.
History: L. 1961, ch. 473, § 12; L. 1970, ch. 64, § 68; March 21.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3535 Invalidity of part.

19-3535.
Invalidity of part.
If any section or sections of this act be declared unconstitutional or invalid, this shall not invalidate any other section of this act.
History:
L. 1961, ch. 473, § 14; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3536 Definitions.

19-3536.
Definitions.
As used in K.S.A. 19-3536 through 19-3544, inclusive, and amendments thereto, unless the context clearly requires otherwise:
(a) "Board" means the board of county commissioners;
(b) "county" means (1) a county having a population of less than 100,000 and adjoining a major federal reservoir flood control project or (2) Finney county.
History: L. 1961, ch. 472, § 1; L. 1971, ch. 94, § 1; L. 1984, ch. 108, § 1; May 31.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3537 Preliminary survey and estimate of cost of improvements; fees, payment; filing plans and surveys with county clerk.

19-3537.
Preliminary survey and estimate of cost of improvements; fees, payment; filing plans and surveys with county clerk.
For the purpose of gathering data and information as to the possible creation of water districts in any county as defined in K.S.A. 19-3536, to provide for the construction, operation and maintenance of water wells, water lines and other water production and distribution facilities in such proposed districts, the board may, at its discretion and upon presentation to it of a petition signed by not less than one hundred (100) persons or corporations, who shall be owners of real estate in the district sought to be created, or by the owners of at least fifty-one percent (51%) of the acreage of land in the district sought to be created, employ engineers or other skilled persons to make a preliminary survey of the territory sought to be served, determine the approximate boundary lines or limits of such district, and the feasibility of the proposed improvement and the approximate size or sizes of water wells, water lines and other facilities required, and the approximate cost of such improvements when completed.
The board may contract to pay such engineers or other skilled persons for the doing of this preliminary work a fixed fee or a fee which shall be conditioned upon and contingent upon the final petition for the doing of this work being presented to the board and allowed by it and the work done; in which case the cost of the preliminary survey shall be and become a part of the cost of the completed project. If the engineers employed to make the preliminary survey are not employed on the final survey and plans and construction work, then the board may require the engineers so employed on the final plans and construction work to reimburse the county for such amount as it may have expended on the preliminary work, and such cost thereof shall become a part of the cost of the completed project. It shall be the duty of the board to have a copy of all engineering notes, memoranda, data, plats, plans and surveys for which they pay or agree to pay directly or indirectly or conditionally, filed in the office of the county clerk.
History:
L. 1961, ch. 472, § 2; April 7.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3538 Creation of taxing district by board, when; territory excluded.

19-3538.
Creation of taxing district by board, when; territory excluded.
Either with or without having had a preliminary survey prepared as provided in K.S.A. 19-3537, and amendments thereto, and for the purpose of providing for the expenses of such water production and distribution facilities, and upon presentation of a petition signed by the owners, or others having expressly reserved the right to do so, of 51% or more of the acreage of land in the district sought to be created and subject to the provisions of K.S.A. 19-270, the board, by order, may provide one or more taxing districts, but the board shall not have the power to create any such district within or to extend any district into the limits of any incorporated city without the consent of its governing board.
History:
L. 1961, ch. 472, § 3; L. 1986, ch. 70, § 14; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3539 Production and distribution facilities; assessment of cost; engineers and employees.

19-3539.
Production and distribution facilities; assessment of cost; engineers and employees.
The board shall have power to provide water wells, water lines and other water production and distribution facilities, and to build, construct, reconstruct, purchase and maintain such facilities by districts, or otherwise, as the board may determine. After the district is established in the manner herein provided for and a part but not all of said facilities have been built which will ultimately serve all the land in such district, then the board may, upon petition of the owner of any real estate of such district who desires to have water lines built to serve his land, proceed to design and plan and build such lines and apportion and assess the cost thereof in the manner herein provided for. The board shall have power to employ engineers or other skilled employees for the purpose of assisting in planning and superintending the construction of such system of water production and distribution facilities.
History:
L. 1961, ch. 472, § 4; April 7.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3541 Special maintenance tax levy; user charges.

19-3541.
Special maintenance tax levy; user charges.
(a) The board shall have power to levy annually a special maintenance tax of not to exceed 10 mills on the assessed valuation on all real estate and improvements within the water district for the purpose of creating a maintenance fund to be used solely for the purpose of maintaining and keeping in repair water wells, water lines and other water production and distribution facilities.
(b) In addition to the levy authorized by subsection (a), for the purpose of paying all or any portion of the cost of constructing or reconstructing the water production and distribution system and the operation and maintenance thereof, the governing body may establish a schedule of charges to be assessed against users of the water production and distribution system of the district. Such charges may be graduated, based on the use required, and shall include consideration of, but not be limited to, the quantity and rate of delivery of water provided. Any such levy or service charge shall become a lien upon the property against which the levy or service charge is made from the date the levy or service charge becomes due.
History:
L. 1961, ch. 472, § 6; L. 1978, ch. 102, § 1; L. 1983, ch. 104, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3542 Acquisition of property; contracts with municipalities for facilities.

19-3542.
Acquisition of property; contracts with municipalities for facilities.
In the exercise of the powers granted in this act, the board shall have power to acquire by purchase or by right of eminent domain property, both real and personal, as may be necessary to provide an adequate system of water production and distribution facilities, and to enter into contracts with municipal corporations for the use of such facilities already constructed which may be reasonably necessary for the joint use of any city and any district created by the board outside the limits of any city.
History:
L. 1961, ch. 472, § 7; April 7.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3543 Construction and maintenance of lines along highways; contracts with secretary of wildlife and parks for purchase and sale of water.

19-3543. Construction and maintenance of lines along highways; contracts with secretary of wildlife and parks for purchase and sale of water.
The board shall have power to construct and maintain water lines through, under, across or along any public highway. The board is hereby authorized to enter into contracts with the secretary of wildlife and parks for the purchase of water for use by the district and for the sale of the same for domestic or other uses.
History:
L. 1961, ch. 472, § 8; L. 1965, ch. 187, § 1; L. 1989, ch. 118, § 174; L. 2012, ch. 47, § 17; L. 2023, ch. 7, § 17; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3544 System of production and distribution facilities; cost.

19-3544.
System of production and distribution facilities; cost.
The board shall have the power to construct, reconstruct, enlarge, extend or otherwise provide for one or more systems of water production and distribution facilities, or any part thereof, and to build, operate and maintain such facilities in providing means to handle the production of water and the distribution thereof as the board may designate. The cost and expense of building the same shall be borne by the various districts then or thereafter using the same.
History:
L. 1961, ch. 472, § 9; April 7.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3545 Purpose of act; purpose of districts.

19-3545.
Purpose of act; purpose of districts.
It is the purpose of K.S.A. 19-3545 to 19-3556, inclusive, and amendments thereto, to permit certain public agencies to make the most efficient use of their powers relating to public water supplies by enabling them to cooperate with other public agencies on a basis of mutual advantage and thereby to provide services and facilities to wholesale water to participating public agencies and to provide for the establishment for such purpose of a quasi-municipal corporation which shall be known as a public wholesale water supply district. The function of the public wholesale water supply district shall be to:
(a) Secure a source of water on a scale larger than is feasible for public water supply districts, municipalities, publicly and privately owned water distribution companies, acting alone;
(b) sell such water at wholesale to public water supply districts, municipalities, and publicly and privately owned water distribution companies; and
(c) provide services, pursuant to contract, to participating public agencies of the district, except that, if the contract amount for such services is $10,000 or more, the district shall be authorized to provide such services only if the award of the contract is based on competitive bids.
History:
L. 1977, ch. 353, § 1; L. 2000, ch. 115, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3546 Definitions.

19-3546.
Definitions.
For the purposes of K.S.A. 19-3545 to 19-3556, inclusive, and amendments thereto: (a) "Public agency" shall mean: (1) Any county, township, city, town, water district or other municipal corporation, quasi-municipal corporation or political subdivision of this state or any state adjacent to this state; or (2) any agency or instrumentality of this state or any state adjacent to this state; or (3) any agency or instrumentality of the United States.
(b) "District" shall mean any public wholesale water supply district organized pursuant to the provisions of K.S.A. 19-3545 et seq., and amendments thereto.
History:
L. 1977, ch. 353, § 2; L. 1996, ch. 17, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 35 - Water Supply And Distribution Districts › 19-3547 Joint exercise of powers by certain public agencies; agreements among agencies, contents; submission to attorney general; filing of agreement.

19-3547.
Joint exercise of powers by certain public agencies; agreements among agencies, contents; submission to attorney general; filing of agreement.
(a) Any powers, privileges or authority of a public agency of this state relating to public water supplies may be exercised jointly with any other public agency. Any agency of the state government when acting jointly with any public or private agency may exercise all of the powers, privileges and authority conferred by this act upon a public agency.
(b) Any public agency may enter into agreements with one or more other public agencies for the purpose of organizing a public wholesale water supply district. Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.
(c) Any such agreement shall specify the following:
(1) The duration;
(2) the precise organization, composition and nature of the district created thereby together with the powers delegated thereto;
(3) the purpose or purposes;
(4) the manner of financing the district and of establishing and maintaining a budget therefor;
(5) the permissible methods for partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
(6) the manner of acquiring, holding and disposing of real and personal property of the district;
(7) any other necessary and proper matters.
(d) Any such agreement may be amended to include additional public agencies by consent of 2/3 of the signatories to the agreement, if no terms of agreement are changed, otherwise a new agreement with the new public agency shall be drawn.
(e) Prior to taking effect, every agreement made hereunder shall be submitted to the attorney general who shall determine whether the agreement is in proper form and compatible with the laws of this state. The attorney general shall approve any agreement submitted hereunder unless the attorney general finds that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 90 days of its submission shall constitute approval thereof.
(f) Prior to taking effect, an agreement made hereunder shall be filed with the register of deeds of the county or counties wherein the district is to be located and such agreement also shall be filed with the secretary of state, accompanied by a certificate from the register of deeds of each county where filed, stating that such agreement has been filed in such county.
History: L. 1977, ch. 353, § 3; L. 1978, ch. 103, § 1; L. 1996, ch. 17, § 2; July 1.